Journal of the Senate of the State of Georgia regular session 1988 volume one, commenced at Atlanta, Georgia, Monday, January 11, 1988 and adjourned Monday, March 7, 1988

Compiler's Note
The Journal of the Senate for the regular session of 1988 is bound in two separate volumes. Volume I contains January 11, 1988 through February 23, 1988. Volume II contains February 24, 1988 through March 7, 1988 and the complete index.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
REGULAR SESSION 1988
VOLUME I
Commenced at Atlanta, Georgia, Monday, January 11, 1988 and adjourned Monday, March 7, 1988

OFFICERS
OF THE
STATE SENATE
1988
ZELL MILLER ..................... President (Lieutenant Governor)
TOWNS COUNTY
JOSEPH E. KENNEDY .................... President Pro Tempore
EVANS COUNTY
HAMILTON McWHORTER, JR.............. Secretary of the Senate
OGLBTHORPE COUNTY
MARVIN W. "CAP" HICKS ....................... Sergeant-at-Arms
FLOYD COUNTY
STAFF OF SECRETARY OF SENATE ALICE E. HOGE ............................... Assistant Secretary
FULTON COUNTY
SARALYN FOSTER ..................................... Bill Clerk
DeKALB COUNTY
SHIRLEY SHELNUTT .............................. Journal Clerk
ROCKDALE COUNTY
ROBERT F. EWING .......................... Assistant to Secretary
DeKALB COUNTY
AGNES DOSTER ................................... Enrolling Clerk
GWINNETT COUNTY
CLARA CELANO ................................. Bill Status Clerk
COBB COUNTY
SARAH BROWNE .............................. Assistant Bill Clerk
FULTON COUNTY
LINDA THOMPSON................................ Calendar Clerk
CLAYTON COUNTY
FAYE MOORE .................................. Information Clerk
GWINNETT COUNTY

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

Senators

District Address

Frank A. Albert (R) ........................ 23 .... Augusta

Thomas F. Allgood (D)...................... 22 .... Augusta

A. Quillian Baldwin, Jr. (D) ................. 29 .... LaGrange

Ed Barker (D) ............................. 18 .... Warner Robins

Roy E. Barnes (D) .......................... 33 .... Mableton

Rooney L. Bowen (D)....................... 13 .... Cordele

Max R. Brannon (D)........................ 51 .... Calhoun

Paul C. Broun (D) .......................... 46 .... Athens

Glenn E. Bryant (D) ......................... 3 ... Hinesville

Joe Burton (R).............................. 5 ....Atlanta

J. Tom Coleman, Jr. (D) ..................... 1 .... Savannah

Paul D. Coverdell (R) ....................... 40 ... .Atlanta

Alex Crumbley (D) ......................... 17 .... McDonough

Harrill L. Dawkins (D) ...................... 45 .... Conyers

J. Nathan Deal (D) ........................ 49 .... Gainesville

Nathan Dean (D) ........................... 31 .... Rockmart

Earl Echols, Jr. (D) .......................... 6 ... .Patterson

Arthur B. "Skin" Edge, IV (R) .............. 28 .... Newnan

Bill English (D) ............................ 21 .... Swainsboro

Beverly L. Engram (D)...................... 34 .... Fairburn

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

John C. Foster (D) ......................... 50 .... Cornelia

Wayne Garner (D) .......................... 30 .... Carrollton

Hugh M. Gillis, Sr. (D) ..................... 20 .... Soperton

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

Carl Harrison (R)........................... 37 .... Marietta

Edward Hine, Jr. (D) ..................... 52 .... Rome

Pierre Howard (D).......................... 42 .... Decatur

Floyd Hudgins (D)......................... 15 .... Columbus

Waymond C. (Sonny) Huggins (D) ........... 53 .... LaFayette

C. Donald Johnson, Jr. (D) .................. 47 .... Royston

Joseph E. Kennedy (D) ...................... 4 .... Claxton

Culver Kidd (D) ............................ 25 .... Milledgeville

Ted J. Land (R)............................ 16 .... Columbus

Arthur Langford, Jr. (D) .................... 35 ... .Atlanta

Sam P. McGill (D) ......................... 24 ... .Washington

Lewis H. (Bud) McKenzie (D) ............... 14 ... .Montezuma

MONDAY, JANUARY 11, 1988

13

SENATE JOURNAL
Senate Chamber, Atlanta, Georgia Monday, January 11, 1988 First Legislative Day
The Senators of the General Assembly of Georgia for the years 1987-88 met pursuant to law in regular session in the Senate Chamber at 10:00 o'clock A.M. this day, and were called to order by Lieutenant Governor Zell Miller, President of the Senate.
The following resolution of the Senate was read and put upon its adoption:
SR 242. By Senators Dean of the 31st, Kennedy of the 4th and Allgood of the 22nd: A resolution adopting the Rules of the Senate.
On the adoption of the resolution, the yeas were 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Barker of the 18th reported that the Journal of the proceedings of March 12, 1987, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following communication was received and read by the Secretary:
Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334 April 23, 1987 The Honorable Hamilton McWhorter Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Secretary McWhorter: I am transmitting herewith the name of the Senator elected in the April 21, 1987 Special Runoff Election for the office of State Senate in the General Assembly of Georgia from District 12, as the same appear from the consolidated returns which are of file and record in this office. With kindest regards and best wishes, I am
Most Sincerely, Is/ Max Cleland
Secretary of State Enclosure

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JOURNAL OF THE SENATE

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the consolidated returns on file in this office for the Special Election held on the 31st day of March, 1987 in District 12, of the State Senate, in Dougherty County, to fill the vacancy existing due to the death of the Honorable Al Holloway, show the following results:
Charles D. Hollis, Jr. ------------------------------------4202 Lamar Hudgins -----------------------------------------1410 Bert James ---------------------------------------------6131 Bill Scheer---------------------------------------------- 140 Mark Taylor --------------------------------------------7096 Bunny Walters ------------------------------------------ 274

Inasmuch as no candidate received a majority of the votes cast, a Special Runoff Election was held on April 21, 1987 and the consolidated returns on file in this office show the following results:
Bert James ---------------------------------------------8548 Mark Taylor ------------------------------------------ 10068

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 23rd day of April, in the year of our Lord One Thousand Nine Hundred and Eighty-seven and of the Independence of the United States of America the Two Hundred and Eleventh.

(Seal)

/s/ Max Cleland Secretary of State

The following is the Certification of the administration of the Oath of Office to Honorable Mark Taylor:

STATE OF GEORGIA Office of the Secretary of the Senate

I, Hamilton McWhorter, Jr., Secretary of the Senate of the State of Georgia, do hereby certify that on April 23, 1987, in the Senate Chamber, Honorable Asa D. Kelley, Jr., Superior Court Chief Judge of the Dougherty Circuit, administered the attached Oath of Office to the Honorable Mark Taylor, as a member of the Georgia State Senate from District 12, to fill the vacancy existing due to the death of Honorable Al Holloway.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of the Georgia State Senate, this 23rd day of April, 1987.

(Seal)

/s/ Hamilton McWhorter, Jr. Secretary of the Senate of the State of Georgia

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

MONDAY, JANUARY 11, 1988

15

The following communication was received and read by the Secretary:
Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334
July 31, 1987
The Honorable Hamilton McWhorter Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Secretary McWhorter:
I am transmitting herewith the name of the Senator elected in the July 28, 1987 Special Runoff Election for the office of State Senate in the General Assembly of Georgia from District 47, as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am
Most Sincerely,
M Max Cleland Secretary of State
Enclosure
STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the consolidated returns on file in this office for the Special Election held on July 7, 1987, in District 47 of the State Senate, in the counties of Banks, Elbert, Franklin, Hart, Madison and a portion of Jackson, to fill the vacancy existing due to the death of the Honorable M. Parks Brown, are attached, (see Exhibit A-l)
O.C.G.A. Section 21-2-495(c) provides as follows: "Whenever the difference between the number of votes received by a candidate who has been declared nominated for an office in a primary election or who has been declared elected to an office in an election or who has been declared eligible for a run-off primary or election, and the number of votes received by any other candidate or candidates not declared so nominated or elected or eligible for a runoff shall be not more than 1 percent of the total votes which were cast for such office therein, any candidate or candidates receiving a sufficient number of votes so that the difference between his vote and that of a candidate declared nominated, elected, or eligible for a runoff is not more than 1 percent of the total votes cast, within a period of five days following the certification of the election results, shall have the right to a recount of the votes cast, if such request is made in writing by the losing candidate. . . ."
Inasmuch as the votes cast for John B. O'Neal and Charles C. Mann were within 1 percent of the total votes cast, a recount was conducted on July 15, 1987. The results of such recount are attached, (see Exhibit A-2)

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Inasmuch as no candidate received a majority of the votes cast, a Special Runoff Election was held on July 28, 1987, and the consolidated returns on file in this office show the following results:

Counties

Don Johnson

John B. O'Neal

Banks

326

164

Elbert

1142

2354

Franklin

1532

470

Hart

1611

449

Madison

926

348

Jackson (part)

452

196

Total

5989

3981

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 31st day of July, 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 Twelfth.

(Seal)

/s/ Max Cleland Secretary of State

"EXHIBIT A-l"

State Senate-District 47 July 7, 1987

Counties

Thomas D. (Tom) Frank W. M. Don Ray H. Charles C. John B.

Belfield

George Gilbert, Jr. Johnson Lewis Mann O'Neal

Banks

19

Elbert

113

Franklin

57

Hart

63

Madison

234

Jackson (part)

198

13

178

96 20

64

55

401 62

106 1177 1060 56

302

318

876 588

71

64

503 37

12

112

425 34

2P1

29

899 1573

270

158

311

149

127

143

245

79

Total

684

568

1904

3371 797

2073

2131

Percent

5.93%

4.93% 16.52% 29.24% 6.91% 17.98% 18.49%

Grand Total

11528

MONDAY, JANUARY 11, 1988

17

"EXHIBIT A-2"

State Senate-District 47 RECOUNT Julv 15 > 1987

Counties

Thomas D. (Tom) Frank W. M. Don Ray H. Charles C. John B.

Belfield

George Gilbert, Jr. Johnson Lewis Mann O'Neal

Banks

19

Elbert

111

Franklin

57

Hart

63

Madison

234

Jackson (part)

198

13

178

96 20

58

50

402 61

107 1179 1066 51

302

318

876 588

71

64

503 37

12

112

425 34

221

29

900 1570

270

158

311

149

127

143

245

79

Total

682

563

1901

3368 791

2074 2128

Percent

5.93%

4.89% 16.52% 29.27% 6.87% 18.02% 18.49%

Grand Total

11507

The following is the Certification of the administration of the Oath of Office to Honorable C. Don Johnson, Jr.:

STATE OF GEORGIA Office of the Secretary of the Senate

I, Hamilton McWhorter, Jr., Secretary of the Senate of the State of Georgia, do hereby certify that on July 31, 1987, in the Senate Chamber, Supreme Court Justice Charles Weltner administered the attached Oath of Office to the Honorable C. Don Johnson, Jr., as a member of the Georgia State Senate from District 47, to fill the vacancy existing due to the death of the Honorable Parks Brown.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of the Georgia State Senate, this 31st day of July, 1987.

(Seal)

Is/ Hamilton McWhorter, Jr. Secretary of the Senate of the State of Georgia

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

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JOURNAL OF THE SENATE

The following communication was received and read by the Secretary:

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334
January 4, 1988
The Honorable Hamilton McWhorter Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Secretary McWhorter:
I am transmitting herewith the name of the Senator elected in the December 29, 1987 Special Election for the office of State Senate in the General Assembly of Georgia from District 32, as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am
Most sincerely,
1st Max Cleland Secretary of State
Enclosure

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the consolidated returns on file in this office for the Special Election held on the 29th day of December, 1987 in District 32, of the State Senate, in a portion of Cobb County, to fill the vacancy existing due to the death of the Honorable James E. Tolleson, show the following results:

Walt Hendry Hugh Ragan

-

1226

3127

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 4th day of January, in the year of our Lord One Thousand Nine Hundred and Eighty-eight and of the Independence of the United States of America the Two Hundred and Twelfth.

(Seal)

/s/ Max Cleland Secretary of State

The following is the Certification of the administration of the Oath of Office to Honorable Hugh A. Ragan:

STATE OF GEORGIA Office of the Secretary of the Senate
I, Hamilton McWhorter, Jr., Secretary of the Senate of the State of Georgia, do hereby certify that on January 4, 1988, in the Senate Chamber, Superior Court Judge Grant Brantley administered the attached Oath of Office to the Honorable Hugh A. Ragan, as a member of the Georgia State Senate from District 32, to fill the vacancy existing due to the death of the Honorable James Tolleson.

MONDAY, JANUARY 11, 1988

19

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of the Georgia State Senate, this 4th day of January, 1988.

(Seal)

/s/ Hamilton McWhorter, Jr. Secretary of the Senate of the State of Georgia

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

The following communications were received and read by the Secretary:

Office of Lieutenant Governor 240 State Capitol
Atlanta, Georgia 30334
April 28, 1987
Mr. Hamilton McWhorter Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Hamilton:
Effective today, I am appointing Honorable Mark Taylor, newly-elected Senator from the 12th District, to the following standing committees of the Georgia Senate: Economic Development and Tourism, Insurance, Special Judiciary and Transportation.
Sincerely,
/s/ Zell Miller

Office of Lieutenant Governor 240 State Capitol
Atlanta, Georgia 30334
August 11, 1987
Mr. Hamilton McWhorter Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Hamilton:
This is to notify you of several changes I am making, effective the above date, in Senate Committee assignments.
(1)1 am removing Honorable Al Scott as Chairman of the Consumer Affairs Committee and making him Chairman of the Public Utilities Committee.
(2) I am replacing Senator Scott with Honorable Arthur Langford as Chairman of the Consumer Affairs Committee.
(3) I am appointing Honorable Al Scott as Vice Chairman of the Consumer Affairs

20

JOURNAL OF THE SENATE

Committee and Honorable Quillian Baldwin as Vice Chairman of the Public Utilities Committee.
(4) I am appointing Senator Don Johnson as a member of the following Committees: Agriculture, Economic Development and Tourism, Judiciary and Transportation.
(5) I am removing Honorable Tommy Olmstead from the Judiciary Committee and appointing him as a member of the Committee on Transportation.
Sincerely,
/s/ Zell Miller
Office of Lieutenant Governor 240 State Capitol
Atlanta, Georgia 30334
January 5, 1988
Mr. Hamilton McWhorter Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Hamilton:
Effective today, I am appointing Senator Hugh A. Ragan to serve on the following standing Committees of the Georgia Senate: Higher Education, Insurance, Special Judiciary and Urban and County Affairs.
Sincerely,
kl Zell Miller
Office of Lieutenant Governor 240 State Capitol
Atlanta, Georgia 30334
December 1, 1987
Mr. Hamilton McWhorter Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Hamilton:
Effective this date, I am appointing Honorable Harold J. Ragan to serve as Vice Chairman of the Senate Committee on Urban and County Affairs.
I look forward to working with him in this capacity.
Sincerely,
/s/ Zell Miller

MONDAY, JANUARY 11, 1988

21

Office of Lieutenant Governor 240 State Capitol
Atlanta, Georgia 30334
December 1, 1987
Mr. Hamilton McWhorter Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Hamilton:
Effective this date, I am appointing Honorable Hildred Shumake to serve as Secretary of the Senate Committee on Urban and County Affairs.
I look forward to working with him in this capacity.
Sincerely, /s/ Zell Miller
The following communication from His Excellency, Governor Joe Frank Harris, was read by the Secretary:
STATE OF GEORGIA Office of the Governor
Atlanta 30334
May 11, 1987
Honorable Zell Miller Lieutenant Governor State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Miller:
I have vetoed Senate Bills 33, 170 and 177 which were passed by the General Assembly of Georgia at the 1987 Regular Session.
Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed.
With kindest regards, I remain
Sincerely, /s/ Joe Frank Harris
Enclosures
STATE OF GEORGIA Office of the Governor
Atlanta 30334
May 11, 1987
Honorable Thomas B. Murphy Speaker of the House of Representatives State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bills 165, 197, 243, 347, 810 and 935 which were passed by the General Assembly of Georgia at the 1987 Regular Session.

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Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed.
With kindest regards, I remain
Sincerely,
Is/ Joe Frank Harris
Enclosures
VETO NO. 1 S.B. 177
This legislation prohibits any refiner, producer or manufacturer of automotive gasoline from opening or operating a gas station for retail gasoline sales in Georgia after January 1, 1989. The bill also prohibits a wholesale gasoline distributor from allocating or limiting the amount of gasoline sold to a retail business, except for the reason of creditworthiness.
This legislation is similar to a bill passed in the 1984 Session of the General Assembly which I vetoed. In my message at that time, I explained that while I was sympathetic to the needs and concerns of the small businessmen in this State, I did not feel that governmental involvement of this nature was the answer. I still believe this. As a former small businessman, I am extremely aware of the problems in dealing with large corporations. However, these problems must be worked out in the marketplace and not by governmental intervention to restrict parties from doing business in this State. Our State has a pro-business image, and for the continued economic vitality of the State, we must take care to protect that image.
Therefore, for the aforestated reasons, I vetoed this bill.
VETO NO. 2 S.B. 170
This bill would have changed the 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 effective date of the bill was amended to provide that the legislation would have become effective July 1, 1986. The backdating of the effective date could have made this procedure effective to vacancies which occurred in these offices after July 1, 1986, but that had been filled under the old procedure. Because of the error involving the effective date, this bill was vetoed at the request of the author.
VETO NO. 3 H.B. 165
This bill related to the filling of vacancies in party nominations caused by the death or resignation of candidates. The contents of this bill were combined with House Bill 185 relating to the same subject matter. Therefore, since this language was contained in another bill, I vetoed House Bill 165.
VETO NO. 4 H.B. 935
This bill was a local piece of legislation amending an Act implementing the Brunswick/ Glynn County Development Authority. After passage, a technical error was found in this legislation and another local bill was passed and signed into law. Therefore, House Bill 935 was vetoed at the request of the author.
VETO NO. 5 H.B. 197
In its original form, this legislation amended the law regarding the sale and distribution of harmful materials to minors so as to define the term "aggravated violence". The legislation was later amended to delete from existing law legislation passed a few years ago which made it unlawful to display certain materials in the view of minors.
The display provisions of the existing law are now part of a court challenge which is before the United States Court of Appeals, Eleventh Circuit. The Attorney General's office

MONDAY, JANUARY 11, 1988

23

has advised me that there is a good chance of upholding the constitutionality of the existing law. In order for the courts to properly review the existing law, I vetoed this legislation.
VETO NO. 6 H.B. 347
This bill would have provided for free motor vehicle license plates for certain individuals, in particular, members of the State Defense Force. While I am thankful for the voluntary assistance the members of the State Defense Force have given our State, I do not believe that we can afford the approximate $1 million loss in revenue to the State that this bill would create. Additionally, we could be starting a precedent of giving specific groups free license plates. Therefore, I vetoed this legislation.
VETO NO. 7 H.B. 243
This bill amended the Metropolitan Atlanta Rapid Transit Authority Act so as to provide for the use of the Authority's available revenue to design and construct certain rapid transit projects beyond Phase A, B and C of the Rapid Transit System. At the request of the author, and in order for the bill to be given further study, this legislation was vetoed.
VETO NO. 8 S.B. 33
This bill in its original form provided criminal misdemeanor penalties for transporting garbage, trash, waste or refuse across state or county boundaries for the purpose of depositing the material in a publicly or privately owned dump without the permission of the governing authority of the county where the dump is located and the governing authority where the material is collected. This legislation was amended to provide that it is illegal not only to take the material to a publicly or privately owned dump, but also to a landfill or sanitary landfill. Landfills and sanitary landfills are approved by the Department of Natural Resources and the counties where they are located. While it is justifiable that some control be placed on the indiscriminate dumping of trash in another county, I do not believe it would be practical or feasible to put limits on the transportation of garbage to an approved publicly or privately owned landfill or sanitary landfill. For these reasons, I vetoed this legislation.
VETO NO. 9 H.B. 810
House Bill 810 provides that the Stone Mountain Memorial Association may obtain a license to sell alcoholic beverages for consumption on property operated or controlled by the Association.
Under present law, the Association may sell alcoholic beverages only at motels, inns and convention centers within the park. This bill would authorize the sale of alcoholic beverages by the Association at special events and in additional areas within the park, such as on the golf course.
I believe that the Association was seeking a logical expansion of its convention services and catering options and was not intending to seek approval to sell alcoholic beverages at every event or in every area within the Park. However, the wording of this legislation could lead to an overly broad and troublesome interpretation. The potential for abuse has created a great deal of public concern, especially among families desiring to use the Park.
Stricter language to clarify the intent of the Association to expand its services in the convention and special events areas would be desirable in order to alleviate the public concern which has been brought to my attention. I am therefore vetoing the bill because of its broad nature.
On February 24, 1987, the Governor informed the Senate, in a Memo received by the Secretary of the Senate, of the following Sections of HB 225, a bill providing for appropriations for the State Fiscal Year ending June 30, 1987, which he had vetoed:

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JOURNAL OF THE SENATE

Section 66, Paragraph 2 (Page 89):
"From the appropriation in Section 17 (Department of Corrections) relating to county workcamp construction, the State shall provide funding for no more than 50% of the total construction cost of any project."
Section 81 (Page 98):
"No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly."
Section 85 (Page 100):
"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."
On April 20, 1987, the Governor informed the Senate, in a Memo received by the Secretary of the Senate, of the following Sections of HB 226, a bill providing for appropriations for the State Fiscal Year 1987-88, which he had vetoed:
Section 68 (Page 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 Telecommunications Network either directly or indirectly."
Section 72 (Page 76):
"There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act."
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 393. By Senator Foster of the 50th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Mountain Protection Act"; to provide a system of regulation of and permitting for land-disturbing activities in certain mountain areas of the state; to define terms; to state legislative findings and legislative intent.
Referred to Committee on Natural Resources.
SB 394. By Senators Dawkins of the 45th, Kidd of the 25th, Foster of the 50th, Barnes of the 33rd and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to substantially revise provisions relating to requirements for open meetings of state and local governmental bodies; to provide for applicability to the General Assembly as well as other governmental bodies; to provide for applicability to certain nonprofit organizations dealing with public funds and publicly funded activities.
Referred to Committee on Governmental Operations.

MONDAY, JANUARY 11, 1988

25

SB 395. By Senator Hine of the 52nd:
A bill to amend Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trusts, so as to change certain provisions relating to trustee powers which render a trust executory and termination of irrevocable executory trusts; to authorize distribution of certain trust property; to provide for certain required findings; to provide for court orders for such distribution. Referred to Committee on Judiciary.
SB 396. By Senator Hine of the 52nd:
A bill to amend Code Section 9-10-91 of the Official Code of Georgia Annotated, relating to grounds for exercising personal jurisdiction over certain nonresidents, so as to provide for the exercise of such jurisdiction over certain nonresidents when a claim is asserted against the estate of a deceased citizen of this state and the administrator or executor of such estate seeks to adjudicate the claim asserted against such estate. Referred to Committee on Judiciary.
SB 397. By Senator Hine of the 52nd:
A bill to amend Code Section 26-4-37 of the Official Code of Georgia Annotated, relating to powers and duties of the State Board of Pharmacy, so as to change that board's authority regarding certain rules relating to the advertising of drug prices. Referred to Committee on Judiciary.
SB 398. By Senators Kidd of the 25th, Kennedy of the 4th, Gillis of the 20th and others:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from the requirements relative to certificate of need review, so as to exempt certain clinical health services from the requirements relative to certificate of need review; to provide for related matters. Referred to Committee on Human Resources.
SB 399. By Senators Kidd of the 25th, Kennedy of the 4th, Gillis of the 20th and others:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," so as to change the procedural requirements for adoption, amendment, or repeal of rules of state agencies; to change provisions relating to emergency rules. Referred to Committee on Human Resources.
SB 400. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Council for the Arts, so as to provide for the establishment of an arts development fund to be administered by the Georgia Council for the Arts; to provide for authorized deductions from state income tax refunds by the Department of Revenue for transfer to said fund. Referred to Committee on Banking and Finance.
SB 401. By Senator Kidd of the 25th:
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 change the provisions relating to the crime of discharging a gun or pistol near a public highway or street; to make it unlawful for any person, without legal justification,

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to discharge a firearm at a moving vehicle which is traveling on a public highway or street. Referred to Committee on Public Safety.
SB 402. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-240 of the Official Code of Georgia Annotated, relating to procedure upon change of an elector's residence, so as to provide that the board of registrars may accept a properly submitted application for an absentee ballot as a change of address notification. Referred to Committee on Governmental Operations.
SB 403. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-8 of the Official Code of Georgia Annotated, relating to procedure for adverse action against permanent status employees generally under the merit system, so as to provide that in any adverse action against a permanent status employee of the Department of Human Resources or Department of Corrections, such permanent status employee shall not be subject to dismissal from employment under certain conditions. Referred to Committee on Governmental Operations.
SB 404. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-240 of the Official Code of Georgia Annotated, relating to the procedure upon change of an elector's residence, so as to remove the requirement that a change of address be made under oath; to amend Article 6 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters in municipal elections, so as to change the procedure relating to change of residence of an elector by removing the requirement that a change of address be made under oath. Referred to Committee on Governmental Operations.
SB 405. By Senator Kidd of the 25th:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters for elections generally, so as to provide that a certified copy of a marriage license shall be acceptable identification for voter registration; to amend Code Section 21-3-125 of the Official Code of Georgia Annotated, relating to qualification and registration of voters for municipal elections, so as to provide that a certified copy of a marriage license shall be acceptable identification for voter registration. Referred to Committee on Governmental Operations.
SB 406. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide that employees in the classified service who are assigned to duty on night shifts are eligible for a supplement of $120.00 per month in addition to their normal salary to be paid in accordance with the department or agency plan required to be filed with and approved by the commissioner of personnel administration. Referred to Committee on Governmental Operations.
SB 407. By Senator Kidd of the 25th:
A bill to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting in elections generally, so as to delete the

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27

requirement that a person making application for an absentee ballot on behalf of an elector residing temporarily out of the county or a physically disabled elector residing within the county be 18 years of age or older. Referred to Committee on Governmental Operations.
SB 408. By Senator Kidd of the 25th:
A bill to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible to hold civil office, so as to provide that municipalities may by charter provide for lesser residency requirements to hold nonjudicial municipal offices.
Referred to Committee on Governmental Operations.
SB 409. By Senator Kidd of the 25th:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change certain requirements and procedures regarding the filling of vacancies in the office of the judge of the probate court; to change the provisions relating to appointment of clerks by probate judges; the filling of vacancies in the office of county surveyor; the filling of vacancies in the office of coroner; the filling of vacancies in the offices of tax receiver, collector, or commissioner. Referred to Committee on Governmental Operations.
SB 410. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-8 of the Official Code of Georgia Annotated, relating to procedure for adverse action against permanent status employees generally under the merit system, so as to provide that a permanent status employee shall not be dismissed from employment or otherwise adversely affected as to compensation or employment status for refusing to take a polygraph examination. Referred to Committee on Governmental Operations.
SB 411. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning probate courts, so as to establish The Council of Probate Court Judges of Georgia; to provide for officers and organization; to provide for the purpose of the council; to provide for expenses. Referred to Committee on Governmental Operations.
SB 412. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-30 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the probate courts, so as to provide the judge of the probate court of each county a copy of the Official Code of Georgia Annotated and annual supplements to such Code. Referred to Committee on Governmental Operations.
SB 413. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-1.1 of the Official Code of Georgia Annotated, relating to required training courses for judges of the probate courts, so as to provide for the payment and reimbursement of expenses of required training incurred by each probate judge elect. Referred to Committee on Governmental Operations.

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SB 414. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," so as to extend the time within which certain absentee registration cards shall be considered as applications for absentee ballots from 90 to 180 days prior to a primary or election. Referred to Committee on Governmental Operations.
SB 415. By Senator Land of the 16th:
A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to equalize the number of peremptory challenges to jurors and alternate jurors which the state and the defendant have in certain criminal trials. Referred to Committee on Special Judiciary.
SB 416. By Senator Land of the 16th:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to define the criminal offenses of AIDS battery and aggravated AIDS battery; to define other terms; to provide criminal penalties; to provide an effective date. Referred to Committee on Special Judiciary.
SB 417. By Senators Broun of the 46th and Kidd of the 25th:
A bill to amend Code Section 35-2-33 of the Official Code of Georgia Annotated, relating to duties and responsibilities of the Uniform Division of the Department of Public Safety, so as to provide that the commissioner of public safety may, and upon the request of the Governor shall, authorize and direct the Uniform Division to provide certain transportation, escort, and security services in connection with certain athletic events in the state. Referred to Committee on Public Safety.
SB 418. By Senator Johnson of the 47th:
A bill to create a new board of commissioners of Hart County; to provide for five members of the board; to provide for elections; to provide for qualifications, terms, and elections procedures; to provide for commissioner districts; to provide for vacancies; to provide for oaths of office and surety bonds; to provide for the compensation of the chairman and members of the board. Referred to Committee on Urban and County Affairs.
SR 244. By Senators Allgood of the 22nd, Kennedy of the 4th and Dean of the 31st:
A resolution relative to officials, employees, and committees in the Senate and for other purposes; to amend SR 3 adopted at the 1987 session. Referred to Committee on Rules.
SR 245. By Senator Fincher of the 54th:
A resolution designating the Hill Wilbanks Memorial Bridge. Referred to Committee on Transportation.
SR 247. By Senators Broun of the 46th and Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to remove the Attorney General from the commission which reviews felony indictments against certain public officials and from the Georgia State Financing and Investment Commission and from the committee which prepares the official summary of all

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29

proposed constitutional amendments and to provide for a replacement member on such bodies; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.

SR 248. By Senator Broun of the 46th:
A resolution creating the Senate Postsecondary Vocational Education Laboratory, Equipment, and Library Research Needs Study Committee. Referred to Committee on Education.

SR 259. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide a procedure for the creation of development districts for the promotion of commercial and industrial development through ad valorem tax incentives; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Industry and Labor.

The following bills and resolution of the House were read the first time and referred to committees:

HB 1032. By Representatives Workman of the 51st, Redding of the 50th, Richardson of the 52nd 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.
Referred to Committee on Education.

HB 1102. By Representatives Barnett of the 59th, Bannister of the 62nd, Goodwin of the 63rd 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 according 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).
Referred to Committee on Governmental Operations.

HR 282. By Representative Phillips of the 120th:
A resolution to ratify a proposed amendment to the Constitution of the United States of America relative to compensation for the services of members of the United States Congress.
Referred to Committee on Governmental Operations.

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

Allgood Baldwin Barker Barnes Bowen Brannon Bryant

Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Garner

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Gillis Harris Harrison Hine HHouwdgairnds
Huggins Johnson Kennedy Kidd Land

Langford McGill McKenzie Newbill OPelemvsytead
Perry Phillips Ragan of 10th Ragan of 32nd Ray

Those not answering were Senators:

Scott of 2nd Scott of 36th Shumake Starr cS,tumb, augh,
ate Taylor Timmons Tysinger Walker

Albert

Broun of 46th (excused) Turner

Senator Kennedy of the 4th moved that Senator Broun of the 46th be excused from the Senate today and each day thereafter until he is dismissed from the hospital and returns to the Senate.

On the motion, the yeas were 46, nays 0; the motion prevailed, and Senator Broun of the 46th was excused from the Senate today and will be excused until he is dismissed from the hospital and returns to the Senate.

Senator Garner of the 30th introduced a chaplain of the day, Reverend Woodrow Hudson, pastor of the First Baptist Church, Douglasville, Georgia, and Senator Ragan of the 10th introduced a chaplain of the day, Reverend Charles A. Culbreth, Jr., of Magnolia Manor, a United Methodist Ministry to the Elderly, Americus, Georgia, both of whom participated in scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 243. By Senators Allgood of the 22nd, Kennedy of the 4th and Dean of the 31st:
A resolution to notify the House of Representatives that the Senate has convened.

The President appointed as a Committee of Notification on the part of the Senate the following:
Senators Scott of the 2nd, Scott of the 36th, Burton of the 5th, Harrison of the 37th, Perry of the 7th and Phillips of the 9th.

SR 246. By Senator Fincher of the 54th: A resolution commending Dalton Junior High School.

SR 249. By Senator Broun of the 46th:
A resolution commending and recognizing the athletic accomplishments of the University of Georgia.

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31

SR 250. By Senator Broun of the 46th: A resolution commending Ms. Katrina McClain.
SR 251. By Senator Broun of the 46th: A resolution commending Ms. Lucy Wener.
SR 252. By Senator Broun of the 46th: A resolution commending the men's tennis team of the University of Georgia.
SR 253. By Senator Broun of the 46th: A resolution commending the women's volleyball team of the University of Georgia.
SR 254. By Senator Broun of the 46th: A resolution commending and recognizing Ms. Gwen Torrence.
SR 255. By Senator Broun of the 46th: A resolution commending the women's gymnastics team of the University of Georgia.
SR 256. By Senator Broun of the 46th: A resolution commending the baseball team of the University of Georgia.
SR 257. By Senator Broun of the 46th: A resolution recognizing the academic achievements of athletes of the University of Georgia.
SR 258. By Senator Broun of the 46th: A resolution commending the women's tennis team of the University of Georgia.
Lieutenant Governor Miller introduced Dr. James Kaufmann, the medical aid station liaison in the Capitol, who introduced Veronica Brame and announced that she would be serving as the nurse during the 1988 session of the General Assembly. Dr. Kaufmann also introduced the doctor of the day, Dr. J. Donald Fite, of Decatur, Georgia.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 539. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution to notify the Senate that the House of Representatives has convened.

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HR 540. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution to notify the Governor that the General Assembly has convened.
The Speaker appointed as a Committee of Notification on the part of the House the following members:
Representatives Buford of the 103rd, Carrell of the 65th, Hasty of the 8th, Davis of the 29th, Milam of the 81st, Ray of the 98th, and Lord of the 107th.
HR 543. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.
The Speaker appointed as a Committee of Escort on the part of the House the following members:
Representatives Birdsong of the 104th, Dixon of the 151st, Dobbs of the 74th, Holmes of the 28th, Lawler of the 20th, Williams of the 54th and Mostiler of the 75th.
HR 544. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor.
HR 545. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court.
The following resolution of the House was read and put upon its adoption:
HR 540. By Representative Murphy of the 18th and others: A resolution to notify the Governor that the General Assembly has convened.
On the adoption of the resolution, the yeas were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The President appointed as a Committee of Notification on the part of the Senate the following:
Senators Walker of the 43rd, McKenzie of the 14th, Coverdell of the 40th, Ray of the 19th, Ragan of the 32nd, Johnson of the 47th and Taylor of the 12th.
The following resolutions of the House were read and adopted:
HR 543. By Representative Murphy of the 18th and others: A resolution calling a Joint Session of the House of Representatives and Senate

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33

for the purpose of hearing a message from the Governor on Wednesday, January 13, 1988, at 11:00 o'clock A.M.
The President appointed as a Committee of Escort on the part of the Senate the following:
Senators Kennedy of the 4th, Allgood of the 22nd, Barnes of the 33rd, Ray of the 19th, McKenzie of the 14th, Harris of the 27th and Walker of the 43rd.
HR 544. By Representative Murphy of the 18th and others: A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a Joint Session of the House of Representa tives and the Senate to hear a message from the Governor on Wednesday, Janu ary 13, 1988, at 11:00 o'clock A.M.
HR 545. By Representative Murphy of the 18th and others: A resolution calling a Joint Session of the House of Representatives and the Sen ate for the purpose of hearing a message from the Chief Justice of the Supreme Court.
The President appointed as a Committee of Escort on the part of the Senate the following:
Senators Deal of the 49th, Allgood of the 22nd, Baldwin of the 29th, Peevy of the 48th, Barnes of the 33rd, Edge of the 28th and Crumbley of the 17th.
SENATE CALENDAR
Monday, January 11, 1988
FIRST LEGISLATIVE DAY
SB 53 Pandering--change provisions relating to offense (S Judy--9th) SB 114 Location, Operation Certain Family Day-Care Homes--conditions for no public
hearing (Hum R--55th) SB 148 Juvenile Courts--remove original jurisdiction over certain capital crimes (Substi
tute) (Amendment) (S Judy--48th) SB 175 Property with Abandoned Landfill--prohibit construction (Substitute)
(I&L--22nd) SB 248 Landlord--unlawful to suspend furnishing utilities (Substitute) (I&L--52nd) SB 320 Atlanta Market for Georgia Farm Products Authority--create (Substitute)
(Ag--35th) SB 327 Bond Proceed Investment--change provisions (B&F--43rd) SB 355 Superior Court Judges, Senior Judges--travel expense reimbursement
(Judy--49th) SB 367 Informed Consent to Surgical Treatment--provide (S Judy--48th) SB 377 Vehicle Certificate of Title--exclude vehicles not sold for highway use (Gov
Op--30th) SR 152 Senate Study Committee on Sentencing, Incarceration, Granting of Parole in
Criminal Cases--create (Substitute) (Rules--17th) HB 7 Game and Fish--definition of "game fish" (Substitute) (Nat R--7th)

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HB 9 State Professional Sports Commission--create (Gov Op--25th)
HB 22 Marijuana Production--unlawful (Judy--30th)
HB 47 Certain Written Scientific Reports from Georgia Bureau of Investiga tion--admissible as evidence (Substitute) (S Judy--48th)
HB 66 County Annexation by Municipal Corporation--governing authority approval provisions (U&CA G--33rd)
HB 117 Date of Arraignment--mail ten (10) days prior to date (Substitute) (S Judy--33rd)
HB 172 Motor Vehicle Stickers--prohibit those containing profane words (Pub Saf--8th)
HB 250 Controlled Substances--use of money from sale of forfeited property (Substitute) (Judy--23rd)
HB 311 Hotels Constructed Prior to 1976--smoke detector in each room (I&L--29th)
HB 312 Crime Information Center Records--dissemination to private persons, busi nesses, others (Substitute) (Judy--49th)
HB 488 Probate Court Judges--office not more than two (2) miles from courthouse (Gov Op--25th)
HB 507 Blanket Accident, Sickness Insurance--preferred provider arrangements (Substi tute) (Ins--49th)
HB 713 Property Liens--Superfund Amendments, Reauthorization Act of 1986 (Amend ment) (I&L--15th)
HB 743 Motor Common and Contract Carrier--definition (Substitute) (C Aff--2nd)
HB 859 Transporting Forest Products--vehicle defined as private carrier (Pub U--1st)
HB 968 Certain Controlled Substances, Dangerous Drugs--change listing (Hum R--54th)

Senator Allgood of the 22nd moved that all bills and resolutions of the Senate and House on the Calendar be committed to the committee from which they were last reported.
On the motion, the yeas were 34, nays 0, and the motion prevailed.
The following bills of the Senate and House, having been read the third time previ ously, were committed to the following committees:
SB 148. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change definitions; to re move the original jurisdiction of the juvenile courts over certain juvenile capital crimes; to change the provisions relating to taking into custody, detaining, and releasing certain children accused of committing juvenile capital crimes. Committed to Committee on Special Judiciary.
SB 248. By Senator Hine of the 52nd:
A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide that it shall be unlawful for any landlord knowingly and willfully to suspend the furnishing of utilities to a tenant until the final disposition of any dispossessory proceeding by the landlord against such tenant; to provide for a definition; to provide for a penalty. Committed to Committee on Industry and Labor.

MONDAY, JANUARY 11, 1988

35

HB 312. By Representative Ramsey of the 3rd:
A bill to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide for the dissemination of criminal history records maintained by the center to private persons and businesses, public agencies, political subdivisions, authori ties, and instrumentalities, including state or federal licensing regulatory agencies or their designated representatives.
Committed to Committee on Judiciary.
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.
Committed to Committee on Industry and Labor.
The following bills and resolutions of the Senate and House were read the third time and committed to the following committees:
SB 53. By Senator Phillips of the 9th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the provisions relating to the offense of pandering; to redefine the offense of pandering.
Committed to Committee on Special Judiciary.
SB 114. By Senator Stumbaugh of the 55th:
A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, the "Children and Youth Act," so as to prohibit political subdivisions of this state from conducting public hearings regarding the locating or operating of certain family day-care homes, child caring institutions, and personal care homes under certain conditions; to provide for injunctive relief.
Committed to Committee on Human Resources.
SB 175. By Senator Allgood of the 22nd:
A bill to amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to prohibit construction activity on property which contains an abandoned landfill; to provide for exceptions; to provide for a short title; to provide definitions; to require deeds to property previously used as a landfill to so indicate.
Committed to Committee on Industry and Labor.
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-

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ers, duties, purpose, and authority of the authority; to assign the authority to the Department of Agriculture for administrative purposes. Committed to Committee on Agriculture.
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. Committee to Committee on Banking and Finance.
SB 355. By Senator Deal of the 49th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to the superior courts, so as to change the provisions relating to reimbursement of travel expenses for attend ance at meetings and for attendance at educational programs. Committed to Committee on Judiciary.
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. Committed to Committee on Special Judiciary.
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. Committed to Committee on Governmental Operations.
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. Committed to Committee on Rules.
HB 7. By Representatives Hudson of the 117th, Branch of the 137th, Royal of the 144th, Sherrod of the 143rd, Smith of the 16th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definition of "game fish"; to change the provisions relating to food fish dealers; to change the provi sions relating to sale of fish by commercial fish hatcheries; to change the provi sions relating to the licensing of wholesale and retail fish dealers. Committed to Committee on Natural Resources.
HB 9. By Representative Lane of the 27th:
A bill to amend Chapter 31 of Title 31 of the Official Code of Georgia Annotated,

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37

relating to boxing match licenses, so as to change the provisions relating to the State Boxing Commission and the regulation of professional boxing matches and to create the State Professional Sports Commission to regulate professional sports events.
Committed to Committee on Governmental Operations.
HB 22. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to declare unlawful the production of ma rijuana; to amend Code Section 36-32-6 of the Official Code of Georgia Anno tated, relating to the jurisdiction of municipal courts in marijuana possession cases, so as to provide that jurisdiction shall not extend to cases involving the production of marijuana.
Committed to Committee on Judiciary.
HB 47. By Representative Ramsey of the 3rd:
A bill to amend Code Section 17-7-211 of the Official Code of Georgia Annotated, relating to the right of defendant to copies of written scientific reports which will be introduced in evidence, so as to provide that certain written scientific reports from the Georgia Bureau of Investigation shall be admissible as evidence of the truth of the test results.
Committed to Committee on Special Judiciary.
HB 66. By Representatives Lawler of the 20th, Hensley of the 20th, Cooper of the 20th, Thompson of the 20th, Wilson of the 20th and others:
A bill to amend Code Section 36-36-70 of the Official Code of Georgia Annotated, relating to the requirement for approval of the governing authority of certain counties prior to annexation by municipal corporations, so as to change the pro visions relating to applicability of such Code section; to change the population brackets of the counties to which such Code section is applicable.
Committed to Committee on Urban and County Affairs (General).
HB 117. By Representative Bostick of the 138th:
A bill to amend Code Section 17-7-91 of the Official Code of Georgia Annotated, relating to establishing and fixing dates for arraignment and trial, so as to pro vide that a notice of the date of arraignment shall be mailed at least ten days prior to such arraignment date.
Committed to Committee on Special Judiciary.
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.
Committed to Committee on Public Safety.

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HB 250. By Representatives Cheeks of the 89th, Davis of the 45th, Powell of the 145th, Morton of the 47th, Harris of the 84th and others:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under the "Georgia Controlled Substances Act", so as to change the provisions relating to the use of money and currency which is for feited or which is realized from the sale or disposition of forfeited property. Committed to Committee on Judiciary.
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. Committed to Committee on Industry and Labor.
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. Committed 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. Committed to Committee on Insurance.
HB 743. By Representatives Watson of the 114th and Robinson of the 58th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions concerning public utilities and public transportation, so as to change certain provisions relating to the definition of the term "motor com mon carrier and motor contract carrier". Committed to Committee on Consumer Affairs.
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. Committed to Committee on Public Utilities.
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. Committed to Committee on Human Resources.

MONDAY, JANUARY 11, 1988

39

Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 11:00 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, January 12, 1988 Second Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 419. By Senators Broun of the 46th and Kidd of the 25th:
A bill to amend the Official Code of Georgia Annotated so as to remove the At torney General from being a member of certain commissions, committees, au thorities, boards, and other public bodies; to provide for a replacement member to such; to provide for related matters. Referred to Committee on Governmental Operations.
SB 420. By Senator Kidd of the 25th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the certification and regulation of professional sanitarians and the licensing and regulation of sanitarians; to define certain terms; to exempt certain persons in other professions from the certifica tion, licensing, and regulatory provisions applicable to professional sanitarians and sanitarians. Referred to Committee on Governmental Operations.
SB 421. By Senator Kidd of the 25th:
A bill to amend Code Section 19-8-19 of the Official Code of Georgia Annotated, relating to unlawful advertisements and inducements with respect to adoptions, so as to authorize the payment of lost wages or living expenses of an expectant mother during a certain period of pregnancy. Referred to Committee on Children and Youth.
SB 422. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with respect to programs and protection for children and youth, so as to provide pay ments to licensed child-placing agencies which arrange adoptions for special needs children who would otherwise remain in foster care at state expense. Referred to Committee on Children and Youth.
SB 423. By Senator Kidd of the 25th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the regulation of athlete agents; to define certain terms; to provide for the effect of personal service contracts

TUESDAY, JANUARY 12, 1988

41

between athletes and owners or prospective owners of professional sports teams; to provide for the registration of athlete agents. Referred to Committee on Governmental Operations.
SB 424. By Senator Kidd of the 25th:
A bill to amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions with respect to tuition equalization grants at private col leges and universities, so as to change the definition of the term "full-time stu dent"; to provide an effective date. Referred to Committee on Appropriations.
SB 425. By Senators Shumake of the 39th, Kidd of the 25th and Hudgins of the 15th:
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, so as to require all gasoline stations to provide air and water facilities for use by motorists; to pro vide for related matters. Referred to Committee on Industry and Labor.
SB 426. By Senators Shumake of the 39th, Hudgins of the 15th and Langford of the 35th:
A bill to amend Code Section 34-4-3 of the Official Code of Georgia Annotated, relating to the amount of minimum wage to be paid by employers, so as to change the amount of the minimum wage; to delete the provision exempting em ployers subject to the minimum wage provisions of any act of Congress. Referred to Committee on Industry and Labor.
SB 427. By Senators Shumake of the 39th, Tate of the 38th and Brannon of the 51st:
A bill to amend Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to wells and drinking water, so as to provide certain limita tions on disconnection of residential water service to consumers 65 years of age or older; to provide that a public or private entity which owns or operates a pub lic water system shall establish installment payment plans for past due residen tial service bills. Referred to Committee on Urban and County Affairs (General).
SB 428. By Senators Barnes of the 33rd, McKenzie of the 14th, Ray of the 19th and Timmons of the llth:
A bill to amend Code Section 42-9-49 of the Official Code of Georgia Annotated, relating to reimbursement of counties for certain arrest expenses, so as to provide that certain expenses shall be reimbursed by the Board of Corrections rather than the State Board of Pardons and Paroles. Referred to Committee on Corrections.
SB 429. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A bill to amend Code Section 17-10-3 of the Official Code of Georgia Annotated, relating to punishment for misdemeanors generally, so as to change the provi sions relating to punishment for misdemeanors; to change the provisions relating to confinement; to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Department of Corrections over cer tain misdemeanor offenders, so as to change certain provisions relating to juris diction of the department over misdemeanor offenders. Referred to Committee on Special Judiciary.

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SB 430. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A bill to amend Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to membership of the Criminal Justice Coordinating Council, so as to add the chairman of the Juvenile Justice Coordinating Council to the council. Referred to Committee on Special Judiciary.
SB 431. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for a program of assistance to victims of crime under certain circumstances; to provide for declaration of purpose; to de fine certain terms; to provide for the Georgia Crime Victims Compensation Board and for the appointment and compensation of its members. Referred to Committee on Special Judiciary.
SB 432. By Senator Barnes of the 33rd:
A bill to amend Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to state courts of counties, so as to create The Council of State Court Judges of Georgia; to provide for the council's composition; to provide for officers and an executive committee; to provide for the organization and administration of the council; to provide for the responsibilities of the council. Referred to Committee on Special Judiciary.
SB 433. By Senator Barnes of the 33rd:
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 provide for a program of community education and development grants; to provide a short title; to pro vide for definitions; to authorize the Department of Community Affairs to make grants to boards of education for certain programs and activities. Referred to Committee on Urban and County Affairs (General).
SB 434. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to revise the require ments for imposition of periods of probation; to provide for a maximum duration of any period of probation; to provide an effective date. Referred to Committee on Corrections.
SB 435. By Senators Barnes of the 33rd, McKenzie of the 14th, Ray of the 19th and Johnson of the 47th:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, so as to provide for legis lative purpose and intent; to provide a definition; to provide, under certain cir cumstances, that certain records are not open to the public; to continue certain privileges and statutory exceptions. Referred to Committee on Governmental Operations.
SB 436. By Senators Barnes of the 33rd, McKenzie of the 14th, Ray of the 19th and others:
A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to the conduct of public meetings of public agencies, so as to provide legislative purpose and intent; to provide for and change definitions; to provide

TUESDAY, JANUARY 12, 1988

43

for procedures for and notices of meetings; to provide for and clarify certain ex ceptions; to provide enforcement, attorney's fees, and damages. Referred to Committee on Governmental Operations.
SB 437. By Senator Peevy of the 48th:
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 create the State Map ping Advisory Board; to provide for appointment and qualification of members; to provide for vacancies; to provide for expenses; to provide for powers, duties, authority, and functions of the board; to provide for meetings. Referred to Committee on Urban and County Affairs (General).
SB 438. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Article 29 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to interlocal risk management agencies, so as to change cer tain definitions and the use of certain terms; to revise the provisions relating to excess insurance; to provide that participation by a board of education in an in terlocal risk management agency shall not constitute a waiver of sovereign immunity. Referred to Committee on Special Judiciary.
SB 439. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to change the number of counts of students enrolled in each instructional program authorized under Arti cle 6; to change certain provisions relating to the calculation of the program ad justment amount for training and experience. Referred to Committee on Education.
SB 440. By Senators McGill of the 24th, Ray of the 19th, English of the 21st and others:
A bill to amend Code Section 2-9-41 of the Official Code of Georgia Annotated, relating to investigations of grain dealers or persons, partnerships, corporations, or other entities engaging in transactions involving grain, so as to provide for examination of the ledgers, books of accounts, memoranda, and other documents of unlicensed persons, partnerships, corporations, or other entities. Referred to Committee on Agriculture.
SB 441. By Senators McGill of the 24th, Ray of the 19th, English of the 21st and others:
A bill to amend Code Section 10-4-10 of the Official Code of Georgia Annotated, relating to the annual license required for the operation of a warehouse under the "Georgia State Warehouse Act," so as to provide that if a warehouseman oper ates two or more warehouses in the same county, only one license shall be re quired for the operation of all such warehouses; to change the provisions relating to licenses. Referred to Committee on Agriculture.
SB 442. By Senators Barker of the 18th and Coleman of the 1st:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to change certain provisions relating to ascertainment of the owners of certain motor vehicles; to prohibit the creation of certain liens; to provide for criminal penalties. Referred to Committee on Transportation.

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SB 443. By Senator Kidd of the 25th:
A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to change the definition of a certain term; to change the provisions relating to the scope of practice of chiropractors; to pro vide for ancillary procedures; to provide for a chiropractic standard of care and skill and authorize recovery for injuries resulting from a want of such care and skill. Referred to Committee on Human Resources.
SB 444. By Senator Engram of the 34th:
A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians and osteopaths, so as to authorize the Compos ite State Board of Medical Examiners to approve continuing educational pro grams for medical practitioners; to provide for procedures; to require a minimum number of hours of continuing education as a condition of licensure; to provide for reinstatement. Referred to Committee on Human Resources.
SR 263. By Senator Kidd of the 25th:
A resolution directing the Institute of Community and Area Development at the University of Georgia to conduct a thorough assessment of strengths and weak nesses of area planning and development commissions throughout the state. Referred to Committee on Urban and County Affairs (General).
SR 264. By Senator Kidd of the 25th:
A resolution creating the Joint Study Committee on Area Planning and Develop ment Commissions. Referred to Committee on Urban and County Affairs (General).
SR 265. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide that with respect to the transfer of any tangible real property on the National Regis ter of Historic Places, the fair market value of such property for tax purposes shall be determined at the time of transfer and such value shall remain the same until a subsequent transfer thereof; to provide a certain condition to such special valuation of property; to provide for the submission of this amendment for ratifi cation or rejection. Referred to Committee on Banking and Finance.
SR 267. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A resolution proposing an amendment to the Constitution so as to provide for sovereign immunity and official immunity and to provide for the circumstances and procedures under which such immunity shall be raised and to provide the General Assembly with certain authority to enact laws relating to sovereign and official immunity; to provide for submission of this amendment for ratification or rejection. Referred to Committee on Special Judiciary.
SR 270. By Senators Foster of the 50th, Barnes of the 33rd, McKenzie of the 14th and others:
A resolution proposing an amendment to the Constitution so as to provide for the office of commissioner of education in place of the office of State School Su perintendent and for the appointment of said commissioner of education by the

TUESDAY, JANUARY 12, 1988

45

State Board of Education and for other matters relative to the foregoing; to pro vide for the submission of this amendment for ratification or rejection.
Referred to Committee on Education.

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

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 21. Do pass. SB 127. Do pass. SB 394. Do pass by substitute.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 418. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

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

Albert Allgood Baldwin Barker Barnes Bowen Brannon
*B*u*r*to**n Coverdell Crumbley Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Garner Gillis Harris Harrison Mine
"MuggS.imnss Johnson Kennedy Kidd Land Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Rav Scott of 2nd
S0 ,cott o,f 36th fumake ^tarr , Stumbaugn Tate Taylor Timmons Turner Tysinger Walker

Those not answering were Senators:

Broun (excused)

Coleman

Howard

Senator Newbill of the 56th introduced the chaplain of the day, Reverend John Sim-

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JOURNAL OF THE SENATE

mons, pastor of Northbrook United Methodist Church, Roswell, Georgia, who offered scrip ture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 262. By Senator Foster of the 50th: A resolution recognizing and commending Miss Heather Meeks and inviting her to appear before the Senate.
SR 266. By Senators Broun of the 46th and Garner of the 30th: A resolution commending Dr. Charles B. Knapp and inviting him to appear before the Senate.
SR 268. By Senators Tysinger of the 41st, Kidd of the 25th, McKenzie of the 14th and others: A resolution commending Dr. Henry Clark Bourne, Jr., of the Georgia Institute of Technology.
SR 269. By Senator Barker of the 18th: A resolution commending Mrs. Pam Stanescu.
The following resolution of the Senate was read and put upon its adoption:
SR 260. By Senators Allgood of the 22nd, Kennedy of the 4th and Dean of the 31st: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, January 15, 1988, and to reconvene at 10:00 o'clock A.M. on Monday, January 25, 1988.
On the adoption of the resolution, the yeas were 35, nays 2.
The resolution, having received the requisite constitutional majority, was adopted.
The following resolution of the Senate was read and adopted.
SR 261. By Senator Foster of the 50th: A resolution recognizing and commending Miss Kim Bramlett and inviting her to appear before the Senate.
Senator Foster of the 50th introduced to the Senators Miss Kim Bramlett whose out standing vocal talent earned several top state, national and international honors for her in 1987.
The President announced that the Senate would stand in recess from 10:20 o'clock A.M. until 11:15 o'clock A.M.
At 11:15 o'clock A.M., the President called the Senate to order.
The following bill of the House was taken up for the purpose of considering the Confer ence Committee report 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-

TUESDAY, JANUARY 12, 1988

47

sioner of transportation, in conformity with federal law, to increase certain maxi mum speed limits.

The Conference Committee report on HB 652 was as follows:
The Committee of Conference on HB 652 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 652 be adopted.
Respectfully submitted,

FOR THE SENATE:
/a/ Tom Coleman Senator, 1st District
/s/ Nathan Dean Senator, 31st District
/s/ Waymond C. Huggins Senator, 53rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Tom Triplett Representative, 128th District
/s/ Jerry D. Jackson Representative, 9th District
/s/ Terry L. Coleman Representative, 118th District

Conference Committee substitute to HB 652:

A BILL
To be entitled an Act to amend Code Section 40-6-181, relating to maximum speed limits, so as to increase the maximum speed limits on certain interstate highways; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-6-181, relating to maximum speed limits, is amended by striking subsection (b) of Code Section 40-6-181, relating to maximum motor vehicle speed limits, which reads as follows:
"(b) No person shall drive a vehicle at a speed in excess of the following maximum limits:
(1) Thirty miles per hour in any urban or residential district;
(2) Fifty-five miles per hour in other locations; and
(3) Forty miles per hour in any location which is within or adjacent to a construction or maintenance area when a sign prescribing that maximum vehicle speed limit is displayed.",
and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) No person shall drive a vehicle at a speed in excess of the following maximum limits:
(1) Thirty miles per hour in any urban or residential district;
(2) Forty miles per hour in any location which is within or adjacent to a construction or maintenance area when a sign prescribing that maximum vehicle speed limit is displayed;
(3) Sixty-five miles per hour on a highway on the federal interstate system which is outside of an urbanized area of 50,000 population or more; and
(4) Fifty-five miles per hour in other locations."
Section 2. This Act shall become effective upon i ts approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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Senator Coleman of the 1st moved that the Senate adopt the Conference Committee report on HB 652.

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 Coleman Dawkins Deal Dean Echols English Engram Fincher
Foster

Garner Gillis Harris Harrison Howard Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie Newbill
Olmstead

Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Barker Burton Coverdell

Crumbley Edge Hine

Ragan of 10th Taylor

Not voting was Senator Broun (excused).

On the motion, the yeas were 47, nays 8; the motion prevailed, and the Senate adopted the Conference Committee report on HB 652.

Senator Coverdell of the 40th introduced the doctor of the day, Dr. Joy Maxey, of At lanta, Georgia.

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

At 12:08 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

WEDNESDAY, JANUARY 13, 1988

49

Senate Chamber, Atlanta, Georgia Wednesday, January 13, 1988 Third Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 445. By Senator McKenzie of the 14th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Macon County during designated regis tration periods as provided in Code Section 41-2-20.1 of the Official Code of Georgia Annotated.
Referred to Committee on Urban and County Affairs.
SB 446. By Senators Shumake of the 39th, Kidd of the 25th and Hudgins of the 15th: A bill to amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of food service establishments, so as to pro hibit the sale of a glass of water by food service establishments; to provide an effective date.
Referred to Committee on Industry and Labor.
SB 447. By Senators Shumake of the 39th, Langford of the 35th and Scott of the 36th: A bill to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," so as to provide that the buyer of a used motor vehicle shall have the right to cancel a retail installment agreement for a certain period of time after the agreement has been signed by the buyer; to provide the procedure for cancellation; to provide for an effective date.
Referred to Committee on Industry and Labor.
SB 448. By Senators Shumake of the 39th, Langford of the 35th and Scott of the 36th: A bill to amend Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, so as to limit the percentage fee charged by checkcashing establishments; to provide for related matters.
Referred to Committee on Banking and Finance.
SB 449. By Senators Kennedy of the 4th, McKenzie of the 14th, Baldwin of the 29th and others: A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the tiger swallow tail as the official state butterfly; to provide for related matters.
Referred to Committee on Natural Resources.

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JOURNAL OF THE SENATE

SB 450. By Senators Langford of the 35th, Tate of the 38th and Scott of the 36th:
A bill to amend Code Section 17-10-30 of the Official Code of Georgia Annotated, relating to general provisions applicable to the imposition of the death penalty, so as to provide that the death penalty shall not be imposed upon persons under 17 years of age or upon mentally retarded persons; to provide for other matters relative to the foregoing; to provide for the applicability of this Act.
Referred to Committee on Corrections.
SB 451. By Senators Langford of the 35th, Walker of the 43rd, Tate of the 38th and Scott of the 36th:
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 any public or private hospital shall treat information related to the birth of a child as confidential medical information unless the mother of the child authorizes the release of such information.
Referred to Committee on Human Resources.
SB 452. By Senators Langford of the 35th, Walker of the 43rd, Tate of the 38th and Scott of the 36th:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and prac tices, so as to regulate the sale of pistols and revolvers; to make it unlawful for a dealer to sell a pistol or revolver to any person except pursuant to certain condi tions and procedures; to define a certain term.
Referred to Committee on Special Judiciary.
SB 453. By Senators Newbill of the 56th, Deal of the 49th, Foster of the 50th and others:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to restrict the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining municipality or county under certain circumstances.
Referred to Committee on Natural Resources.
SB 454. By Senators Scott of the 2nd, Allgood of the 22nd, Tysinger of the 41st and others:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions regarding telephone service, so as to require the Public Service Commission to adopt rules and regulations to authorize each telephone customer who receives telephone services in this state to restrict or block access to the 976 exchange from such customer's telephone number or numbers.
Referred to Committee on Public Utilities.
SB 455. By Senator English of the 21st:
A bill to amend Article 1 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding emergency medical services, so as to provide immunity from civil liability for certain physicians who provide emergency medical care under certain circumstances.
Referred to Committee on Judiciary.

WEDNESDAY, JANUARY 13, 1988

51

SB 456. By Senator Barnes of the 33rd:
A bill to amend Code Section 17-7-170 of the Official Code of Georgia Annotated, relating to a demand for trial by an accused in a noncapital case, so as to provide that a demand for trial shall be served personally on the solicitor and on the assigned judge if there is one and shall be binding only in the court in which the demand is filed except where the case is transferred from one court to another without a request from the defendant.
Referred to Committee on Special Judiciary.
SB 457. By Senator Barnes of the 33rd:
A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to provide for a bill of rights for firefighters; to provide for a short title; to provide for definitions; to specify the rights of firefighters who are under interrogation with respect to matters which may result in disciplinary action, suspensions, or dismissal.
Referred to Committee on Public Safety.
SB 458. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to provide, free of charge, special license plates for for mer members of the Georgia National Guard with 20 or more years' service in the National Guard; to provide procedures; to provide for form of license plate.
Referred to Committee on Defense and Veterans Affairs.
SB 459. By Senator English of the 21st:
A bill to amend Code Section 40-8-74 of the Official Code of Georgia Annotated, relating to tires, so as to prohibit the repair of tire punctures with external plugs unless the tire is first removed from the wheel and inspected to determine its repairability; to provide that any necessary and repairable internal repairs must be made and any unsupported plug must be covered by a patch before the tire is replaced on the vehicle.
Referred to Committee on Industry and Labor.
SB 460. By Senators English of the 21st, McKenzie of the 14th and Albert of the 23rd:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change the provisions relating to definitions; to provide for the licensure and regulation of air ambulance services and provide for classes of licenses and requirements for licensure; to provide for penalties.
Referred to Committee on Human Resources.
SB 461. By Senators English of the 21st, McKenzie of the 14th and Albert of the 23rd:
A bill to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, so as to provide for a program to ensure appropriate physician control over the rendering of emer gency medical services by certain emergency medical services personnel; to pro vide for protocols, requirements, and certificate suspension and revocation.
Referred to Committee on Human Resources.

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JOURNAL OF THE SENATE

SB 462. By Senators English of the 21st, McKenzie of the 14th, Hine of the 52nd and Albert of the 23rd: 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 the certification of emergency medical technicians to utilize automatic defibrillators and provide for the certification of such defibrillators; to provide conditions and procedures relat ing to such certifications; to provide for certificate revocation.
Referred to Committee on Human Resources.
SR 272. By Senators Hine of the 52nd and Howard of the 42nd: A resolution requesting the Office of Regulatory Services of the Department of Human Resources to create a Task Force on Community Dialysis Centers.
Referred to Committee on Human Resources.
SR 273. By Senator Dawkins of the 45th: A resolution proposing an amendment to the Constitution so as to provide that in the case of any conflict between the constitutional and statutory duties of a public officer and any rules or regulations governing such officer's conduct as an attorney, the constitutional and statutory duties of such officer shall prevail; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Special Judiciary.
SR 274. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for compensating innocent victims of crime; to authorize the General Assembly to allocate certain funds, to appropriate funds, to provide for a continuing fund, or to provide for any combination thereof for the purpose of compensating innocent victims of crime and for the administration of any laws enacted for such purpose; to provide for the submis sion of this amendment for ratification or rejection.
Referred to Committee on Appropriations.
SR 275. By Senator Dawkins of the 45th: A resolution proposing an amendment to the Constitution so as to provide that membership in a bar association shall not be required for admission to the prac tice of law and so as to provide for regulation of the practice of law by the Su preme Court subject to limitations provided by general law; to provide for sub mission of this amendment for ratification or for rejection.
Referred to Committee on Special Judiciary.
The following report of a standing committee was read by the Secretary:
Mr. President:
The Committee on Public Safety has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 401. Do pass as amended. SB 417. Do pass. HB 172. Do pass.
Respectfully submitted,
Senator Bowen of the 13th District, Chairman

WEDNESDAY, JANUARY 13, 1988

53

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

SB 21. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide for the payment of overtime to employees in the classified service un less employees agree in writing to accept compensatory time in lieu of overtime pay; to provide for the computation of the overtime premium.

SB 127. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide that employees in the classified service shall be entitled to compensa tion for on-call time; to provide for the rate of compensation; to provide for rules and regulations.

SB 394. By Senators Dawkins of the 45th, Kidd of the 25th, Foster of the 50th, Barnes of the 33rd and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to substantially revise provisions relating to requirements for open meetings of state and local governmental bodies; to provide for applica bility to the General Assembly as well as other governmental bodies; to provide for applicability to certain nonprofit organizations dealing with public funds and publicly funded activities.

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

Albert Allgood Baldwin Barker Barnes
Bowen B*lryan*nnoi n
BCoulretomnan Coverdell Crumblev Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis
Harris HHoarwriasrodn
uHudjgm s Huggms Johnson Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips
Ragan of 10th RRaaygan of 32nd So coittt ocf 2ondj Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger

Those not answering were Senators:

Broun (excused) Hine

Timmons

Walker

Senator Scott of the 36th introduced the chaplain of the day, Reverend Timothy Flemming, pastor of Greater Mount Carmel Baptist Church, Atlanta, Georgia, who offered scrip ture reading and prayer.

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

SENATE LOCAL CONSENT CALENDAR
Wednesday, January 13, 1988
THIRD LEGISLATIVE DAY
(The name listed with the bill is the Senator whose district is affected by the legislation.)

SB 418 Johnson, 47th Hart County
Act to create a new board of commissioners of county; provides for five mem bers of board; provides for elections; provides for qualifications, terms, and elections procedures; provides for commissioner districts; provides for vacan cies; provides for oaths of office and surety bonds; provides for compensation of chairman and members of board.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bwen Brannon BBruyratonnt Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge Engram Garner Gmis Harris
Harrison Hine ,,Howard, Hudgins Johnson Kennedy Kidd Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips
Ragan of 10th Ragan of 32nd ,R, ay6 Scott of 36th Shumake Starr Stumbaugh Taylor Tysinger Walker

Those not voting were Senators:

Broun (excused) English Fincher Foster

Huggins Land Scott of 2nd

Tate Timmons Turner

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

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

WEDNESDAY, JANUARY 13, 1988

55

The following resolution of the Senate was read and adopted:
SR 271. By Senators Barnes of the 33rd, Harrison of the 37th, Newbill of the 56th, Ragan of the 32nd and Coverdell of the 40th: A resolution expressing sympathy at the passing of Honorable Jim Tolleson.
Senator Barnes of the 33rd introduced Mrs. Jim Tolleson, widow of the deceased Sena tor from the 32nd District.
Senator Johnson of the 47th moved that the following local bill of the Senate, having been passed previously today, be immediately transmitted to the House:
SB 418. By Senator Johnson of the 47th: A bill to create a new board of commissioners of Hart County; to provide for five members of the board; to provide for elections; to provide for qualifications, terms, and elections procedures; to provide for commissioner districts; to provide for vacancies; to provide for oaths of office and surety bonds; to provide for the compensation of the chairman and members of the board.
On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 418 was immedi ately transmitted to the House.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1153. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to provide for homestead exemptions from Newton County and Newton County School District ad valorem taxation; to provide for definitions; to provide for entitlement to certain homestead exemptions.
HB 1157. By Representatives Dixon of the 151st and Crosby of the 150th: A bill to amend an Act providing for the election of the members of the Board of Education of Charlton County, so as to provide for the election of members.
The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
HR 565. By Representatives Connell of the 87th, Padgett of the 86th, Walker of the 85th and others: A resolution commending the Medical College of Georgia.
SR 260. By Senators Allgood of the 22nd, Kennedy of the 4th and Dean of the 31st: A resolution relative to adjournment.

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The following bills of the House were read the first time and referred to committee:
HB 1153. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to provide for homestead exemptions from Newton County and Newton County School District ad valorem taxation; to provide for definitions; to provide for entitlement to certain homestead exemptions. Referred to Committee on Urban and County Affairs.
HB 1157. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to amend an Act providing for the election of the members of the Board of Education of 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.
Lieutenant Governor Miller introduced Honorable Lee Robinson, a former Senator of the 27th District, now mayor-elect of the City of Macon, Georgia, who briefly addressed the Senate.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 1183. By Representatives McDonald of the 12th and Murphy of the 18th:
A bill to provide supplementary appropriations to the Department of Medical Assistance for the remainder of the State Fiscal Year ending June 30, 1988, for the payment of provider claims chargeable to the State Fiscal Year 1987.
The following bill of the House was read the first time and referred to committee:
HB 1183. By Representatives McDonald of the 12th and Murphy of the 18th:
A bill to provide supplementary appropriations to the Department of Medical Assistance for the remainder of the State Fiscal Year ending June 30, 1988, for the payment of provider claims chargeable to the State Fiscal Year 1987. Referred to Committee on Appropriations.
Senator Allgood of the 22nd moved that the Senate recess at 10:45 o'clock A.M., the hour for the Joint Session of the Senate and House called for the purpose of hearing the State of the State and Budget message by His Excellency, Governor Joe Frank Harris, and that the Senate stand adjourned immediately upon dissolution of the Joint Session until 10:00 o'clock A.M. tomorrow. The motion prevailed.
The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing the State of the State and Budget message by His Excellency, Governor Joe Frank Harris, was called to order by the President of the Senate. HR 543, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.
His Excellency, Governor Joe Frank Harris, addressed the Joint Session of the Senate and House of Representatives as follows:

WEDNESDAY, JANUARY 13, 1988

57

Lieutenant Governor Miller, . . . Speaker Murphy, . . . Members of the General As sembly, . . . Members of the Appellate Courts, . . . Constitutional Officers, . . . Members of the Consular Corps, . . . Distinguished Guests, . . . Ladies and Gentlemen:
As we begin 1988, . . . the State of Georgia is headed in a very positive direction. Dur ing the year ahead, ... we are facing a historic opportunity. With hard work, . . . imagina tion, . . . and with boldness, . . . this period can be seen as one of the great creative mo ments in our State's history.
I feel immense "pride" in our State, . . . not only in its magnificent beauty and its people, . . . but in our progress and the positive change that we have accomplished together over the past five years.
By any standard or measure, . . . our improvements have been excellent in all areas, . . . including our economy, . . . population, . . . living standards, . . . educational and human needs.
The temptation we must avoid is taking the easy route: reacting to change day to day, . . . blindly following every fad and trend, . . . our vision extending no farther than to morrow's headlines . . . and our ambitions limited to the next election or the next session.
I ask you to join me today in managing change, ... for the future prosperity and wellbeing of Georgia. We must not only think about today and tomorrow, . . . but also the day after tomorrow.
When you review my budget and administration legislation, ... I ask you to look be yond the numbers, . . . the quantity of new initiatives, ... or the dollars and cents re quested. Instead, ... I ask that you consider the foundation we are building for the future of Georgia, . . . for the day after tomorrow.
It is that connection to a long-term vision for Georgia that will make what we do this session memorable. Vision is what separates governing from just passing legislation,. . . and vision is what turns the funding of progress into the duty and privilege of investing in the future of Georgia.
Realizing the distance we have travelled, . . . from educational inconsistency to educa tional uniformity, . . . from economic uncertainty to economic stability, ... we can be proud, . . . but we must not be complacent. We cannot dwell on remembered glory.
In economic development, ... we should not be satisfied with the remarkable growth rates we have achieved. Our multi-year outlays for transportation,. . . our continued expan sion of port facilities, . . . and our intensive assistance for environmental facilities all re present a downpayment on a respectable place in tomorrow's global economy.
Our successful cultivation of international flights . . . and international facilities . . . clearly indicates that we have become an economic force, . . . not just in the southeast, . . . but in the world marketplace.
Many countries now have full or part-time career consulates, trade, and tourism offices in Georgia. The centerpiece of our emerging international character remains Hartsfield In ternational Airport, ... a dynamic demonstration of what the South is now and will be in years to come -- the world's largest, . . . and I might now officially add, . . . the world's busiest airport.
In natural resources, . . . recreation, . . . and the environment, ... we are building a reputation for wise conservation and cooperation between business and government. We see no ultimate contradiction between economic development and resource management.

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To ensure that we achieve balance between development and the resources needed to sustain growth into the 21st century, . . . and between the State's role in preserving our heritage of land, . . . water, . . . and physical facilities, ... we launched a commission on growth strategies. Its mandate is to devise a comprehensive plan for development policy, . . . respecting State, . . . local and regional interests, . . . and guaranteeing that every ele ment of government concerned with future growth is carefully coordinated.
Wise investment in a growth strategy today will return vast dividends tomorrow, . . . and failure to act now may be opportunities lost forever. A successful growth strategies pro gram can make the 1990's a historic period when ... by conscious choice ... we developed our land, . . . our natural resources, . . . and our environment into what we want it to become, . . . instead of simply letting things happen . . . and overreacting.
Yes, as we begin 1988, we are headed in a positive direction. For 49 straight months, Georgia has experienced sustained economic growth. Each year, . . . record levels of new business investment have reflected a growing confidence in our education reform initiatives, ... in our talented labor force, . . . and in our "Quick Start" training programs.
While our course seems clear, ... we live in a time of change and challenge more profound than any time before. To a large extent, . . . the economy in Georgia is deter mined by national economic conditions. Right now, the prospects for the national economy are uncertain.
However, and let me emphasize: The foundation we have built in Georgia is solid. Our economic diversity is providing more opportunity, . . . more mobility,. . . more abundance, . . . and is distributing it more widely among our citizens than at any time in the history of our State.
We are investing the proceeds of our current prosperity towards permanent prosperity by managing State government and public money in the most far-sighted manner possible. Keeping our debt to a minimum, . . . avoiding new taxes, . . . and achieving the best bond rating in history. Some of our sister states have achieved much less . . . and are now facing debt limitations . . . revenue shortfalls . . . and tax increases. I think this reinforces just how fortunate we are.
Fiscal management is not very exciting for headline writers. It never makes news when we refinance G.O. Bonds and save future Georgians millions of dollars, . . . but it may have a greater effect on our children than anything else we do. Years from now, . . . when times may not be so good, . . . our foresight in managing public funds may allow new schools that could otherwise not be built, . . . and public services that would otherwise not be possible.
-- For example:
-- Our Quality Basic Education program is firmly in place . . . and we are building our reputation as a leader of education reform by now focusing on literacy skills for adults.
-- Our 32 vocational institutions are beginning to resemble a true statewide system, . . . with comparable policies and quality, uniform instruction throughout Georgia.
-- In higher education, ... we are building on a proud tradition of independence and academic integrity nurtured by a commitment of unprecedented university research through the Georgia research consortium.
-- We have accelerated our plan for expanding state port facilities, . . . especially for shipping of agriculture exports, . . . forestry products, . . . and automobile imports, which are now expected to exceed 300,000 units by next year.

WEDNESDAY, JANUARY 13, 1988

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-- We have supported a massive expansion of tourism promotion, . . . along with an intensified effort to develop tourism destination centers in every part of the State, . . . not just in Atlanta and along the Georgia coast.
-- In public safety, ... we are coordinating our efforts in criminal justice, . . . from interdiction of the drug traffic on the coast and in the mountains . . . and working with county officials to manage the jail and prison populations ... to cracking down on drug abuse, . . . and on drunk driving.
In health and human services, . . . my budget recommendations include a variety of initiatives and improvements. However, there is one point I want to make clear.
We do not provide health care ... or public education ... or aid to families with dependent children just because of some vague sense of social responsibility. Every dime we spend on human needs, ... no matter how immediate the distress, ... is really aimed at a future generation of Georgians: at our children. We simply cannot expect to raise a genera tion of proud, . . . independent, . . . intelligent . . . and productive Georgians if their bod ies are weak, . . . their minds are impoverished, . . . and their spirits cramped by broken families, . . . inadequate shelter, ... or an unhealthy environment.
In reviewing my recommendations on health, . . . education, . . . assistance for the homeless, . . . and care for those who cannot care for themselves, ... let me remind you that we are not handing out money for charity, . . . but investing in our children, . . . and when they grow up into strong, . . . skilled and responsible adults, . . . they will pay back our investment many times over. This is why ... we must continue our investment with the budget recommendations I have submitted to you today.
In fiscal year 1989, ... I am recommending Georgia's first $6 billion budget -- a spend ing program totaling $6.2 billion, . . . some $472 million -- or 8.2 percent -- over the cur rent budget.
This is the second largest dollar increase in a single year. On a percentage basis, ... it reflects a leveling off in revenues which should make us all very careful of how we spend State funds in both the fiscal year 1988 amended and fiscal year 1989 budgets.
Ninety percent of the $472 million in new money will go into five areas, . . . $198.6 million for education . . . including pay raises, . . . $31.5 million in cost-of-living pay raises for State employees, . . . $122.4 million for health and social services, . . . $40.3 million for highway construction, . . . and $31.7 million for corrections.
For our public school teachers, ... I am recommending a 3 percent pay raise. Begin ning teachers' pay would increase to $17,820. The teachers' longevity factor would increase from 2.7 percent to 2.8 percent as a continuation of my commitment to reach 3 percent over a five-year period. The average teacher salary is projected to be $26,900.
In addition, ... I am recommending $6.9 million to provide one-time cost-of-living adjustments for our retirees. Funding for cost-of-living adjustments similar to those received by retired teachers are provided for retired state employees and retired school bus drivers and lunchroom workers.
University system personnel, all employees of the Executive, . . . Legislative and Judi cial branches, . . . school bus drivers, . . . and lunchroom workers, . . . will receive 2.5 per cent cost-of-living salary increases.
Public schools are slated for over $70 million to fund QBE and other improvements in the classroom. The largest increases include $13.6 million to fully fund the middle school program for all qualifying systems, . . . $11.8 million to expand the equalization formula to

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help the less wealthy school systems, . . . $4.7 million to increase the QBE formula opera tions cost, . . . and $16.5 million to complete funding of the $58.5 million shortfall in the health insurance fund for teachers.
New QBE programs being funded include pilot projects for the in-school suspension program, ... a three-year phase-in of a special program to teach English to foreign stu dents, .... and expansion of the program for the multihandicapped.
Most of the new funds for the university system -- other than for pay increases -- will go into the regents formula to provide for a continuing increase in enrollment and for in creased operational expenses.
With $10 million, we are launching the special funding initiative to make improvements that are not covered by the current formula. This will mean expanded research, . . . reduc ing faculty-student ratios in university undergraduate programs, . . . and improvements in nursing and teacher preparation programs.
Continuing my commitment to improve vocational technical training, ... I am request ing $2.4 million to convert eight more technical institutes to state governance. They are located at Albany, . . . Lanier, . . . Chattahoochee, . . . Moultrie, . . . Thomas, . . . Upson, . . . Valdosta and Walker. With these conversions, ... 25 of the State's 32 technical insti tutes would be under State governance. Start-up costs are also provided for four new insti tutes now under construction: North Metro, . . . Vidalia, . . . Jesup and Statesboro.
Adult literacy is the only area of education in Georgia that has not been reformed over the last five years. In response to a task force which studied this problem, ... I am request ing $2 million in new funds and will be recommending an office of adult literacy be estab lished in the Board of Postsecondary Vocational Education.
In addition to these education funds, . . . my amended fiscal year 1988 budget includes $238.4 million in school construction funds, . . . $154.6 million for public schools, . . . $19.3 million for public libraries, . . . $58 million for higher education, . . . and $6.5 million for postsecondary vocational education facilities.
One of the most important issues in my second term is to improve the health and wellbeing of Georgia's children. Because this is a priority, ... we established the past year a commission on children and youth to plan the most effective ways to meet the needs of our children. In the current budget, we are spending $6 million on children's programs. In 1989, I propose that we more than triple State expenditures to $18.8 million.
The expenditures include:
-- $12.2 million to provide matching funds for Medicaid coverage for pregnant women, . . . infants and children up to age three whose family income does not exceed the federal poverty level. This program will expand health care coverage to approximately 20,000 women and children in fiscal year 1989.
-- $2.1 million for infant mortality programs as we work to reduce the infant mortality rate to 9 deaths per 1,000 births by 1990.
-- $1.5 million for 40 additional residential placements for troubled children.
-- And $1.3 million for alternatives to incarceration of juvenile offenders.
The expanded funding includes two comprehensive teen center pilot projects, . . . teen pregnancy prevention programs, . . . child abuse and neglect prevention programs, . . . the

WEDNESDAY, JANUARY 13, 1988

61

child support recovery program, . . . expansion of the vision and diabetes program in chil dren's medical services, . . . and specialized foster care for children with AIDS.
I am recommending $2.9 million in State matching funds to increase the AFDC maxi mum payment by 2.8 percent. I am also recommending $500,000 to expand the employment program for mothers on welfare.
One of the fastest growing programs in government is Medicaid. While the State budget is increasing 8.2 percent, ... a 15.3 percent increase in State matching funds is required to continue Medicaid coverage to eligible recipients. A total of $49.8 million is required be cause of utilization increases,... a decrease in the federal matching rate . . . and Medicare premium increases for Medicaid recipients eligible for Medicare. I am also recommending an additional $11.7 million for increases to Medicaid providers to maintain quality medical services.
Our current efforts to address homelessness are inadequate at every level. In my supple mental budget,... I announced a program that will supply about $14 million in the current year to help provide shelter and other critical services to the homeless. In addition, ... I propose to create a State Housing Trust Fund to provide shelters . . . and low income hous ing for the homeless with financing by a small increase in real estate transfer taxes.
Beyond that, ... I propose an expansion of services to the chronically mentally ill by adding new resources to the community mental health centers. My 1989 recommendations include $3.5 million for this purpose.
I also recommend to you a new initiative involving the State, . . . the Fulton County Board of Health, . . . and a non-profit group called Project Interconnections. This group has committed to raise $1 million privately to sponsor a residential facility for the homeless, . . . and I am proposing $400,000 to provide staffing and operating support for this facility. This is an excellent example of how government and business can and must work together to help those in need.
Even though my administration has opened or funded for construction over 8,000 new beds within the State's correctional system, . . . our prisons and local jails are still filled beyond capacity. Almost half of the beds now under construction will be ready for opening this year and my recommendations include $12.3 million to put them into immediate operation.
The new facilities are 750-bed prisons in Lowndes and Ware Counties, ... a 150-bed housing unit at the Dodge Correctional Institution, ... a 75-bed transitional center con verted from old prison space in Lowndes, . . . and a new 50-bed diversion center at Savan nah. In addition, my amended budget recommendations provide funds to construct an addi tional 2,675 beds, . . . increasing the total during my administration to well over 10,500.
$1.2 million is needed to add 77 additional probation personnel in anticipation of a 9.7 percent increase in the caseload . . . and to pick up operation of the Richmond County probation system. Parole services will be expanded, . . . including 20 new positions, ... at a cost of $527,000. Also, included is $2.5 million to help provide legal defense representation in criminal cases for indigent Georgians.
Transportation is also an important element of our economic development package. A $40.3 million increase for the Department of Transportation will help to improve Georgia's highways. These funds will provide $40 million for LARP, . . . including $11 million in new funds from the State's general treasury. Other items are $66.4 million for stateAocal road construction, . . . $50 million for on-system resurfacing and rehabilitation, . . . and $25 mil lion for the four-lane/passing lane program.

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An additional $5 million from federal interstate payback funds will increase appropria tions at this session for the growth corridors program to $50 million. When added to $50 million I have committed in next year's amended budget, . . . this will maintain my com mitment of $100 million each year for this program.
Our tourism and economic development promotions are earning recognition around the world. I am requesting $686,000 to increase advertising to implement the fourth year of our tourism promotion program to expand economic development.
I am also recommending $321,000 for repairs and maintenance to upgrade visitor infor mation centers throughout the State.
For the Department of Natural Resources, ... I am recommending $1.6 million to staff and start up operations at the new lodge/conference centers at Amicalola Falls, . . . Red Top Mountain, . . . and Sandy Creek State Parks.
Also, ... I ask that you add $100,000 to recreation grants to bring the total to $500,000. I am also asking that you require a 50-50 match to increase its overall level to $1 million. With the approval of the General Assembly, . . . the department also will plan a statewide toll-free central reservations system for state park cabins and lodge rooms to be paid from park receipts.
In the area of agricultural services, . . . $800,000 is requested to open the Tifton Satel lite Laboratory and to enhance the department's computers.
In line with my commitment to spread development throughout all Georgia, ... I am proposing the appropriation of $175,000 to fund the establishment of an office of rural de velopment to serve as a focal point at the State level for information, . . . data and assis tance to rural Georgia.
Throughout the next 38 days, . . . you will see much legislation, . . . arguments pro and con, . . . and the constant need for balancing limitless needs against limited resources. As this session runs towards conclusion, . . . our ultimate goals may be obscured by temporary objectives.
However, ... I want to repeat my pledge of cooperation, . . . and my invitation to productive teamwork with each of you in the General Assembly.
Our jobs are difficult and sometimes thankless and controversial, . . . but the results of our efforts have been constructive; they are necessary, . . . and must continue.
What we accomplish this year, ... in each challenge we face, . . . will set our course for the balance of the 1990's -- indeed into the next century. Let's manage change for Georgia, not just react to it. Let's invest together in the future of Georgia . . . and keep Georgia headed in a positive direction.
Thank you and God bless each one of you.
Senator Allgood of the 22nd moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
Serving as doctor of the day today was Dr. William Mayberry of Watkinsville, Georgia.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Thursday, January 14, 1988 Fourth Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 463. By Senator Kidd of the 25th:
A bill to amend the Official Code of Georgia Annotated, so as to provide periodic cost-of-living adjustments to the minimum annual salaries received by the consti tutional county officers in this state; to provide that such periodic cost-of-living adjustments to the minimum annual salaries of the constitutional county officers shall be based on cost-of-living adjustments received by employees in the classi fied service of the state merit system. Referred to Committee on Governmental Operations.
SB 464. By Senators Shumake of the 39th, Stumbaugh of the 55th and Scott of the 2nd:
A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding of food, so as to provide for a date on all packaged perishable food items offered for sale to indicate freshness and quality. Referred to Committee on Consumer Affairs.
SB 465. By Senators Shumake of the 39th and Tate of the 38th:
A bill to amend Code Section 20-2-150 of the Official Code of Georgia Annotated, relating to eligibility for enrollment in general education programs, so as to change the date for determining eligibility; to provide for related matters; to pro vide an effective date. Referred to Committee on Education.
SB 466. By Senators Shumake of the 39th, Scott of the 2nd and Garner of the 30th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to require owners of amusement parks to install and use metal detectors at park entrances; to provide for definitions; to provide for an effective date. Referred to Committee on Industry and Labor.
SB 467. By Senators Crumbley of the 17th, Stumbaugh of the 55th and Allgood of the 22nd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for a consumers' counsel to afford protection to the consumers of this state with respect to insurance rates and other insurance mat-

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ters; to provide for legislative purpose; to define a certain term; to provide for powers and functions of the counsel.
Referred to Committee on Insurance.
SB 468. By Senators Barnes of the 33rd and Kidd of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that in elections generally and in municipal elections no provision shall be made on ballots, voting machines, or vote recorders for vot ing a straight party or body ticket; to change the provisions relating to methods of casting ballots in elections generally and in municipal elections.
Referred to Committee on Governmental Operations.
SB 469. By Senator Barnes of the 33rd:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the State Construction Industry Licensing Board, so as to provide for the licensing of utility contracting; to provide for legislative purpose; to change and add certain definitions; to provide for an additional Division of Utility Contractors. Referred to Committee on Industry and Labor.
SB 470. By Senators Garner of the 30th, Newbill of the 56th and Crumbley of the 17th:
A bill to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to the fixing of the sentence by a judge in misdemeanor and felony cases generally, so as to provide that in cases where the defendant has been punished by a fine, the sentencing judge shall be authorized to allow the defendant to sat isfy such fine through community service. Referred to Committee on Judiciary.
SB 471. By Senators Garner of the 30th and Crumbley of the 17th:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to change the provisions relating to persons required to be present at executions; to provide an effective date. Referred to Committee on Corrections.
SB 472. By Senators Garner of the 30th, Crumbley of the 17th and Newbill of the 56th:
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 provide that the commissioner of corrections or his designee shall be authorized to make and exe cute contracts and all other instruments necessary or convenient for the exercise of the powers and duties of the board, the commissioner, and the department.
Referred to Committee on Corrections.
SB 473. By Senators Garner of the 30th and Crumbley of the 17th:
A bill to amend Code Section 34-9-2 of the Official Code of Georgia Annotated, relating to the applicability of the workers' compensation laws to employers and employees generally, so as to extend coverage of the workers' compensation laws to employees of the Department of Corrections who are engaged in farm and livestock operations; to provide an effective date.
Referred to Committee on Industry and Labor.

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SB 474. By Senator Garner of the 30th: A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to juries, so as to provide for the use of interpreters by hearing impaired persons who have been selected for service on a grand jury or trial jury; to authorize interpreters for hearing im paired persons being considered for service on a trial jury.
Referred to Committee on Judiciary.
SR 277. By Senator Kidd of the 25th: A resolution granting a nonexclusive easement for construction, operation, and maintenance of a 115 kV transmission line over or under property owned by the State of Georgia in Baldwin County, Georgia; to provide an effective date.
Referred to Committee on Public Utilities.
SR 278. By Senator Kidd of the 25th: A resolution granting a nonexclusive easement for construction, operation, and maintenance of an overhead transmission tap line over property owned by the State of Georgia in Baldwin County, Georgia; to provide an effective date.
Referred to Committee on Public Utilities.
SR 280. By Senators Garner of the 30th, Stumbaugh of the 55th, Kidd of the 25th and others: A resolution proposing an amendment to the Constitution so as to establish a nine-member Board of Governors of the State Bar of Georgia; to provide for the appointment, operation, duties, and powers of said board; to provide for the sub mission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.
SR 281. By Senators Garner of the 30th and Dean of the 31st: A resolution urging Congress to take action extending the date for issuing Mort gage Revenue Bonds.
Referred to Committee on Banking and Finance.
The following report of a standing committee was read by the Secretary:
Mr. President:
The Committee on Appropriations has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1183. Do pass.
Respectfully submitted,
Senator Starr of the 44th District, Chairman
The following bills of the Senate were read the second time:
SB 401. By Senator Kidd of the 25th: 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 change the provisions relating to the crime of discharging a gun or pistol near a public highway or street; to make it unlawful for any person, without legal justification,

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to discharge a firearm at a moving vehicle which is traveling on a public highway or street.

SB 417. By Senators Broun of the 46th and Kidd of the 25th:
A bill to amend Code Section 35-2-33 of the Official Code of Georgia Annotated, relating to duties and responsibilities of the Uniform Division of the Department of Public Safety, so as to provide that the commissioner of public safety may, and upon the request of the Governor shall, authorize and direct the Uniform Division to provide certain transportation, escort, and security services in con nection with certain athletic events in the state.

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

Albert Allgood Baldwin Barker Barnes
Bowen rannon
Burton Coleman Crumbley Dawkins Deal Echols Edge English

Engram Fincher Garner Gillis Harris
Harrison Howard
Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips
Ragan of 10th Ragan of 32nd
Scott of 2nd Scott of 36th Shumake Starr Taylor Turner Tysinger Walker

Those not answering were Senators:

Broun (excused) Coverdell Dean Foster

Hine Hudgins Ray

Stumbaugh Tate (excused) Timmons

Senator Deal of the 49th moved that Senator Tate of the 38th be excused on all roll calls in the Senate on Thursday, January 14, because he was attending a funeral.

On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Tate of the 38th was excused on all roll calls in the Senate on Thursday, January 14.

Senator Barnes of the 33rd introduced the chaplain of the day, Reverend David York, pastor of the First Baptist Church, Mableton, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 276. By Senator Kidd of the 25th: A joint resolution relative to the "Good Eating in Georgia" menu.

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67

SR 279. By Senator Kidd of the 25th:
A Senate resolution relative to the "Good Eating in Georgia" menu.
SR 283. By Senator Barker of the 18th:
A resolution commending Mr. Homer J. Walker.
Senator Kidd of the 25th moved that the following bill of the Senate be withdrawn from the Senate Committee on Industry and Labor and committed to the Senate Commit tee on Governmental Operations:
SB 175. By Senator Allgood of the 22nd:
A bill to amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to prohibit construction activity on property which contains an abandoned landfill; to provide for exceptions; to provide for a short title; to provide definitions; to require deeds to property previously used as a landfill to so indicate.
On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 175 was with drawn from the Senate Committee on Industry and Labor and committed to the Senate Committee on Governmental Operations.
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 1188. By Representative Barnett of the 10th:
A bill to amend the local Act creating and establishing a civil service system in Forsyth County for employees of Forsyth County, so as to provide for the exemp tion of certain personnel from membership in the Forsyth County Civil Service System.
HB 1191. By Representative Wall of the 61st:
A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to provide that the police department shall not be abolished unless such action is first approved by a majority of those electors of the city voting in a special elec tion on such question.
HB 1205. By Representative Hooks of the 116th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Sumter County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia.

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HB 1206. By Representatives Hamilton of the 124th, Triplett of the 128th, Pannell of the 122nd, Kingston of the 125th and Johnson of the 123rd:
A bill to provide for a homestead exemption of $30,000.00 from all City of Savan nah ad valorem taxes for each resident of said city who is 65 years of age or over or who is totally disabled if such resident's net income does not exceed $10,000.00.
HB 1207. By Representatives Hamilton of the 124th, Triplett of the 128th, Pannell of the 122nd, Kingston of the 125th and Johnson of the 123rd:
A bill to provide a $2,000.00 homestead exemption from City of Savannah ad valorem taxes for all residents of said city.
HB 1208. By Representatives Hamilton of the 124th, Triplett of the 128th, Pannell of the 122nd, Kingston of the 125th and Johnson of the 123rd:
A bill to provide a $4,000.00 homestead exemption from City of Savannah ad valorem taxes for residents of that city who are age 65 years or over and who have a net income not exceeding $8,000.00.
The House has adopted the report of the Committee of Conference on the following bill of the House:
HB 652. By Representatives Triplett of the 128th and Murphy of the 18th:
A bill to amend Code Section 40-6-181 of the Official Code of Georgia Annotated, relating to maximum motor vehicle speed limits, so as to authorize the commis sioner of transportation, in conformity with federal law, to increase certain maxi mum speed limits.
SENATE CALENDAR
Thursday, January 14, 1988
FOURTH LEGISLATIVE DAY
SB 21 Employees in Classified Service--overtime payment (Gov Op--25th)
SB 127 Merit System Employees--compensation for on-call time (Gov Op--25th)
SB 394 Open Meetings Law (Substitute) (Gov Op--45th)
HB 172 Motor Vehicle Stickers--prohibit those containing profane words (Pub S--8th)
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 21. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide for the payment of overtime to employees in the classified service un less employees agree in writing to accept compensatory time in lieu of overtime pay; to provide for the computation of the overtime premium.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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69

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

Fincher Foster Garner Gillis Harris Hine Hudgins Huggins Johnson Kennedy Kidd
Langford McGill Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr
Stumbaugh Timmons Turner Walker

Those voting in the negative were Senators:

Barnes Coverdell Edge

Harrison Land McKenzie

Ray Taylor Tysinger

Those not voting were Senators:

Broun (excused) Echols

Howard

Tate (excused)

On the passage of the bill, the yeas were 43, nays 9.

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

SB 127. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide that employees in the classified service shall be entitled to compensa tion for on-call time; to provide for the rate of compensation; to provide for rules and regulations.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon
Bryant Burton
Coleman

Coverdell Crumbley Dawkins Deal
Dean Echols Edge English Engram

Fincher Foster Garner Gillis Harris Hine Howard Hudgins Huggins

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Johnson Kennedy
Langford
Newbill Olmstead

Peevy Perry Phillips Ragan f 10th Ray Scott of 2nd Scott of 36th

Shumake Starr Stumbaugh Taylor Turner Tysinger Walker

Those voting in the negative were Senators:

Barnes Harrison

McKenzie

Ragan of 32nd

Those not voting were Senators:

Broun (excused)

Tate (excused)

Timmons

On the passage of the bill, the yeas were 49, nays 4.

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

SB 394. By Senators Dawkins of the 45th, Kidd of the 25th, Foster of the 50th, Barnes of the 33rd and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to substantially revise provisions relating to requirements for open meetings of state and local governmental bodies; to provide for applica bility to the General Assembly as well as other governmental bodies; to provide for applicability to certain nonprofit organizations dealing with public funds and publicly funded activities.

The Senate Committee on Governmental Operations offered the following substitute to SB 394:

A BILL
To be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to substantially revise provisions relating to requirements for open meetings of state and local governmental bodies; to provide for applicability to the General Assembly as well as other governmental bodies; to provide for applicability to cer tain nonprofit organizations dealing with public funds and publicly funded activities; to pro vide for applicability to committees, subcommittees, and other subordinate bodies; to re quire notice of meetings and specify the type of notice; to require certain records of meetings and provide for public inspection thereof; to require open voting; to specify and limit the scope of matters which may be considered in closed meetings; to define criminal offenses and specify penalties; to provide for civil actions and the award of attorney's fees, expenses of litigation, and civil damages; 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 50 of the Official Code of Georgia Annotated, relating to state govern ment, is amended by striking Chapter 14, relating to open meetings, and inserting in its place a new Chapter 14 to read as follows:
"CHAPTER 14
50-14-1. (a) As used in this chapter, the term:
(1) 'Agency' means:

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(A) Every state department, agency, board, bureau, commission, and authority;
(B) The governing authority of every county, municipal corporation, school district, or other political subdivision of this state;
(C) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of the state;
(D) Every city, county, regional, or other authority established pursuant to the laws of this state;
(E) The General Assembly; and
(F) Any nonprofit organization which receives more than 33 Vz percent of its funds from public funds for providing services to the citizens of this state when dealing with such public funds or publicly funded activities.
(2) 'Meeting' means the gathering of a quorum of an agency or a quorum of any com mittee, subcommittee, or other subordinate body of an agency at which official business or policy of the agency is discussed or at which official action is taken.
(b) All meetings shall be open to the public at all times. No statute, resolution, rule, regulation, ordinance, or other formal action of an agency shall be binding unless taken, made, or arrived at in compliance with this chapter. Any action contesting a statute, resolu tion, rule, regulation, ordinance, or other formal action of an agency on the ground of noncompliance with this chapter must be commenced within 90 days of the date the statute, resolution, rule, ordinance, or regulation was passed or the formal action was taken, pro vided that any action under this chapter contesting a zoning decision of a local governing authority shall be commenced within the time allowed by law for appeal of such zoning decision.
(c) The public at all times shall be afforded access to meetings declared open to the public pursuant to subsection (b) of this Code section. Visual, sound, and visual and sound recording during open meetings shall be permitted.
(d) Every agency shall prescribe the time, place, and dates of regular meetings of the agency. Such information shall be communicated in writing to the legal organ of the county where such meetings are held and copies of such schedules shall upon request be made available to the general public. Meetings shall be held in accordance with this regular sched ule, but nothing in this subsection shall preclude an agency from canceling or postponing any regularly scheduled meeting.
(e) Whenever any scheduled, adjourned, or postponed meeting required to be open to the public is to be held at a time other than that regularly scheduled, or when any specially called meeting required to be open to the public is to be held, the agency shall give due notice thereof. Except as otherwise provided in subsection (f) of this Code section such no tice shall be given by:
(1) Posting a notice of the date, time, place, and purpose of the meeting at the usual place of meeting at least 24 hours in advance of the meeting; and
(2) Giving written or oral notice of the date, time, place, and purpose of the meeting at least 24 hours in advance of the meeting to the legal organ of the county where regular meetings are held and to any other media representative who has made a written request to receive such notices.
(f) With respect to the General Assembly, the following provisions shall apply:
(1) No notice of sessions of the Senate or House of Representatives shall be required;
(2) Each house shall designate a place at which notices of committee, subcommittee, and conference committee meetings will be posted;
(3) Except during the last five legislative days of a session and except during any period of adjournment during the last five legislative days, notice of the date, time, and place of

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each committee, subcommittee, and conference committee meeting shall be posted and given in writing or orally to the legal organ of Fulton County at least 24 hours in advance of the meeting;
(4) Except on the last legislative day of a session, during the last five legislative days of a session and during any period of adjournment during the last five legislative days notice of the date, time, and place of each committee, subcommittee, and conference committee meeting shall be posted at least 12 hours in advance of the meeting; and
(5) During the last legislative day of a session notice of the time and place of each committee, subcommittee, and conference committee meeting shall be announced from the well of the house or houses affected at least ten minutes in advance of the meeting.
(g) A memorandum of the proposed minutes of a meeting and documents discussed or considered at a meeting shall be open to public inspection. Such documents and memoran dum shall be available for public inspection after two business days after the adjournment of the meeting. The memorandum of a meeting shall include, as a minimum, the names of those participating in the meeting, a description of each motion or other proposal made, and a record of all votes. Secret ballots in open meetings shall be unlawful, and all votes shall be by roll-call vote, a show of hands, or some other method which allows those present at the meeting to determine how each person voting votes. In the case of a roll-call vote, the name of each person voting for or against a proposal shall be recorded in the minutes; and in all other cases the numerical tally of votes shall be recorded in the minutes.
(h) Any oral notice required or permitted by this Code section may be given by telephone.
50-14-2. Where a meeting of an agency is devoted in part to matters within the excep tions set forth in this chapter, any portion of the meeting not subject to any such exception, privilege, or confidentiality shall be open to the public, and minutes of such portions not subject to any such exceptions shall be taken, recorded, and open to public inspection as provided in subsection (g) of Code Section 50-14-1. In addition, public minutes of any meet ing or portion thereof which is closed shall reflect the specific reason or reasons for any closure, the names of the persons present during the closed meeting, and a record of the vote for closure.
50-14-3. It shall be unlawful for any member or officer of any agency to conduct any meeting not held in accordance with this chapter. Any person violating this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00.
50-14-4. This chapter shall not apply to the following:
(1) Meetings between an attorney and a public agency, officer, or employee which meet ing pertains to pending or potential litigation, settlement, claims, administrative proceed ings, or other judicial actions brought or to be brought by or against the agency or any officer or employee or to which the agency or any officer or employee may be directly in volved, except for advice or consultation on whether to close a meeting;
(2) The deliberations and voting of the State Board of Pardons and Paroles, provided that hearings before the board shall be open except for deliberations and voting;
(3) Meetings of the Georgia Bureau of Investigation or any other law enforcement agency in the state, including grand jury meetings;
(4) Meetings when any agency is discussing the future acquisition of real estate, pro vided that full minutes of closed meetings under this paragraph shall be made available to the public after 180 days or when the real estate in question has been acquired, whichever is sooner;
(5) Meetings of any committee of a public hospital when the committee is considering the grant of abortions under state law;
(6) Meetings when:

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73

(A) Any agency is discussing the appointment, employment, disciplinary action, or dis missal of a public officer or employee; or
(B) Any agency is hearing complaints or charges brought against a public officer or employee unless he requests a public meeting;
(7) Adoptions and proceedings related thereto; and
(8) Tax matters made confidential by state law.
50-14-5. The superior courts of this state shall have jurisdiction to enforce this chapter. In the absence of significant justification from the losing party, attorney's fees and expenses of litigation and civil damages of not less than $200.00 and not more than $1,000.00 shall be awarded to the prevailing party against the losing party in a civil action under this chapter."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bowen Brannon
BB Coulret^omnan Coverdell
Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis
Harris Harrison
TMHHounwdegairnd.s Huggins
Johnson Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Phillips Ragan of I0th
Ragan of 32nd ^
cSSccoo,tt,tt ooff,. ,,326n-.td,h Shumake
btarr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun (excused)

Perry

Tate (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 bills of the House were read the first time and referred to committee:

HB 1188. By Representative Barnett of the 10th:
A bill to amend the local Act creating and establishing a civil service system in Forsyth County for employees of Forsyth County, so as to provide for the exemp-

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tion of certain personnel from membership in the Forsyth County Civil Service System. Referred to Committee on Urban and County Affairs.
HB 1191. By Representative Wall of the 61st: A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to provide that the police department shall not be abolished unless such action is first approved by a majority of those electors of the city voting in a special elec tion on such question.
Referred to Committee on Urban and County Affairs.
HB 1205. By Representative Hooks of the 116th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Sumter County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia.
Referred to Committee on Urban and County Affairs.
HB 1206. By Representatives Hamilton of the 124th, Triplett of the 128th, Pannell of the 122nd and others:
A bill to provide for a homestead exemption of $30,000.00 from all City of Savan nah ad valorem taxes for each resident of said city who is 65 years of age or over or who is totally disabled if such resident's net income does not exceed $10,000.00. Referred to Committee on Urban and County Affairs.
HB 1207. By Representatives Hamilton of the 124th, Triplett of the 128th, Pannell of the 122nd and others:
A bill to provide a $2,000.00 homestead exemption from City of Savannah ad valorem taxes for all residents of said city. Referred to Committee on Urban and County Affairs.
HB 1208. By Representatives Hamilton of the 124th, Triplett of the 128th, Pannell of the 122nd and others:
A bill to provide a $4,000.00 homestead exemption from City of Savannah ad valorem taxes for residents of that city who are age 65 years or over and who have a net income not exceeding $8,000.00. Referred to Committee on Urban and County Affairs.
Lieutenant Governor Miller introduced the President of the Australian Senate, Honora ble Kerry Sibraa, who briefly addressed the Senate and introduced a delegation of the Aus tralian Federal Parliament who were visiting Atlanta.
The following general bill of the House, having been read the third time on January 11, 1988, and committed to the Senate Committee on Public Safety and favorably reported by the committee, was put upon its passage:
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-

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75

hibit the attachment of stickers, decals, or similar devices containing profane words or describing sexual acts or excretory functions.
Senate Sponsor: Senator Turner of the 8th.

Senators Hine of the 52nd and Edge of the 28th offered the following amendment:

Amend HB 172 by deleting on page 1, lines 14-16 and substituting in lieu thereof the following:
"40-1-4. No person shall publish or display any document, sticker," and by striking that portion of line 3 on page 1 which reads as follows:
"relative to motor vehicles and traffic,".

On the adoption of the amendment, the yeas were 39, nays 5, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dean Echols Edge English

Engram Foster Garner Gillis Harris Harrison Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie Newbill

Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger

Those voting in the negative were Senators:

Dawkins Deal

Hine Johnson

Peevy Walker

Those not voting were Senators:

Broun (excused)

Fincher

Tate (excused)

On the passage of the bill, the yeas were 47, nays 6.

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

Serving as doctor of the day today was Dr. James Maughon of Atlanta, Georgia.

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

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At 11:45 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

FRIDAY, JANUARY 15, 1988

77

Senate Chamber, Atlanta, Georgia Friday, January 15, 1988 Fifth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1194. By Representatives Lane of the 27th, Yeargin of the 14th, Royal of the 144th and Adams of the 36th: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority", so as to provide for the use of the Authority's available revenues to construct, complete, and operate rapid transit projects beyond Phases A, B, and C of the rapid transit system.
HB 1195. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th: A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change the compensa tion of the Lieutenant Governor; to restate the current salary now received by the Speaker of the House.
HB 1196. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th: A bill to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers and employees in gen eral, so as to provide that members of the General Assembly may be reimbursed from funds of the executive and judicial branches of state government for service upon advisory and investigative boards, committees, commissions, and other sim ilar entities of the executive and judicial branches.
HB 1203. By Representative Ramsey of the 3rd: A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to make it unlawful for any person knowingly to manufacture, distribute, or possess with intent to distribute an imitation controlled substance.
HB 1211. By Representatives Moody of the 153rd and Byrd of the 153rd: A bill to change the composition and method of election of the Board of Educa tion of Appling County.

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HB 1236. By Representative Watts of the 41st:
A bill to provide for a new charter for the City of Dallas in Paulding County.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 475. By Senators Dean of the 31st, Kennedy of the 4th, Turner of the 8th 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, so as to revise the general provisions relative to the Department of Community Affairs; to provide for the continuation of the department; to provide definition of terms; to specify pur poses of the department; to provide for the Board of Community Affairs. Referred to Committee on Urban and County Affairs (General).
SB 476. By Senators Garner of the 30th, Kennedy of the 4th and Hudgins of the 15th:
A bill to amend Code Section 42-5-35 of the Official Code of Georgia Annotated, relating to the power of the commissioner of corrections to confer police powers on certain persons, so as to authorize the commissioner of corrections to confer police powers upon wardens of county correctional institutions; to provide an ef fective date. Referred to Committee on Corrections.
SB 477. By Senator Shumake of the 39th:
A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment for all personnel employed by the local school systems, so as to require all public school principals to spend two hours each week as classroom teachers; to provide for a penalty; to provide for related matters. Referred to Committee on Education.
SB 478. By Senators Shumake of the 39th and Stumbaugh of the 55th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to require any provision in a personal auto mobile insurance policy which limits the liability of the insurer with regard to a loss covered under the physical damage portion of the policy to be set out under a separate caption and printed in boldface type; to provide for applicability. Referred to Committee on Insurance.
SB 479. By Senators Turner of the 8th, Harris of the 27th, Newbill of the 56th and others:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to residential and family farm mortgages, so as to amend the definition of "eligible persons and families"; to revise the income recertification process required for multifamily rental units financed by the authority; to clarify powers of the authority relating to the issuance of mortgage credit certificates. Referred to Committee on Urban and County Affairs (General).
SB 480. By Senators Tysinger of the 41st and Scott of the 2nd:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, so as to provide that certain state authorities may not sell real property without the prior

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approval of the General Assembly; to provide for a definition; to provide for other matters relative to the foregoing. Referred to Committee on Public Utilities.
SB 481. By Senator Engram of the 34th: A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to change certain provisions relating to smoking in public places; to provide for legislative intent; to prohibit smoking in public places un less such area is clearly designated by a sign authorizing smoking.
Referred to Committee on Human Resources.
SB 482. By Senators Coleman of the 1st, Barnes of the 33rd, Dean of the 31st and others: A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to horns, exhaust systems, mirrors, and tires on mo tor vehicles, so as to require certain persons in certain vehicles to use seat belts; to provide a definition; to provide exceptions.
Referred to Committee on Transportation.
SR 282. By Senator Dean of the 31st: A resolution granting a nonexclusive easement for construction, operation, and maintenance of a lightguide cable under property owned by the State of Georgia in Paulding County, Georgia; to provide an effective date.
Referred to Committee on Public Utilities.
SR 284. By Senators Fincher of the 54th, Gillis of the 20th, Deal of the 49th and others: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for sources of revenue other than ad valorem taxes for local school systems and provide for the distribution of funds received from such sources; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Banking and Finance.
The following bills of the House were read the first time and referred to committees:
HB 1211. By Representatives Moody of the 153rd and Byrd of the 153rd: A bill to change the composition and method of election of the Board of Educa tion of Appling County.
Referred to Committee on Urban and County Affairs.
HB 1236. By Representative Watts of the 41st: A bill to provide for a new charter for the City of Dallas in Paulding County.
Referred to Committee on Urban and County Affairs.
HB 1194. By Representatives Lane of the 27th, Yeargin of the 14th, Royal of the 144th and Adams of the 36th: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority", so as to provide for the use of the Authority's available revenues to construct, complete, and operate rapid transit projects beyond Phases A, B, and C of the rapid transit system.
Referred to Committee on Urban and County Affairs (General).

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HB 1195. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change the compensa tion of the Lieutenant Governor; to restate the current salary now received by the Speaker of the House.
Referred to Committee on Governmental Operations.

HB 1196. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th:
A bill to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers and employees in gen eral, so as to provide that members of the General Assembly may be reimbursed from funds of the executive and judicial branches of state government for service upon advisory and investigative boards, committees, commissions, and other sim ilar entities of the executive and judicial branches.
Referred to Committee on Governmental Operations.

HB 1203. By Representative Ramsey of the 3rd:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to make it unlawful for any person knowingly to manufacture, distribute, or possess with intent to distribute an imitation controlled substance.
Referred to Committee on Judiciary.

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 516. Do not pass.
Respectfully submitted,
Senator Langford of the 35th District, Chairman

Mr. President:

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

SB 409. Do pass.

SB 419. Do pass.

SB 411. Do pass.

SB 435. Do pass by substitute.

SB 412. Do pass.

SR 247. Do pass.

SB 413. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

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81

Mr. President:

The Committee on Industry and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 248. Do pass by substitute.
Respectfully submitted,
Senator Dawkins of the 45th District, Chairman
Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 445. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman
The following bill of the House was read the second time:

HB 1183. By Representatives McDonald of the 12th and Murphy of the 18th:
A bill to provide supplementary appropriations to the Department of Medical Assistance for the remainder of the State Fiscal Year ending June 30, 1988, for the payment of provider claims chargeable to the State Fiscal Year 1987.

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

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Harrison Howard Hudgins Huggins Johnson Kennedy Land McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not answering were Senators:

Broun (excused)

Hine

Coverdell

Kidd

Langford

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Senator Timmons of the llth introduced the chaplain of the day, Dr. Gary Furr, pastor of the First Baptist Church, Blakely, Georgia, who offered scripture reading and prayer.
Senator Fincher of the 54th moved that the following bill of the Senate be withdrawn from the Senate Committee on Appropriations and committed to the Senate Committee on Higher Education:
SB 424. By Senator Kidd of the 25th: A bill to amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions with respect to tuition equalization grants at private col leges and universities, so as to change the definition of the term "full-time stu dent"; to provide an effective date.
On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 424 was with drawn from the Senate Committee on Appropriations and committed to the Senate Com mittee on Higher Education.
Senator Kidd of the 25th moved that the following bill of the Senate be withdrawn from the Senate Committee on Human Resources and committed to the Senate Committee on Governmental Operations:
SB 399. By Senators Kidd of the 25th, Kennedy of the 4th, Gillis of the 20th and others: A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," so as to change the proce dural requirements for adoption, amendment, or repeal of rules of state agencies; to change provisions relating to emergency rules.
On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 399 was with drawn from the Senate Committee on Human Resources and committed to the Senate Com mittee on Governmental Operations.
The following resolution of the House was read and put upon its adoption:
HR 565. By Representatives Connell of the 87th, Padgett of the 86th, Walker of the 85th and others: A resolution commending the Medical College of Georgia.
Senators Allgood of the 22nd and Albert of the 23rd offered the following substitute to HR 565:
A RESOLUTION
Commending the Medical College of Georgia; and for other purposes.
WHEREAS, the Medical College of Georgia is celebrating its one hundred sixtieth an niversary and this happy occasion calls for an expression of congratulations from the Rich mond County Senate delegation, Senators Allgood of the 22nd and Albert of the 23rd; from the Richmond County House delegation, Representatives Walker of the 85th, Padgett of the 86th, Connell of the 87th, Brown of the 88th, Cheeks of the 89th, and Ransom of the 90th; and from the entire General Assembly; and
WHEREAS, in 1828 the Medical Academy of Georgia was chartered by the State of Georgia with plans to offer single courses of lectures leading to a bachelor's degree; and

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83

WHEREAS, in 1833, after having completed courses conducted by six faculty members in two borrowed rooms at the rear of Augusta's old City Hospital, four students comprising the first graduating class received doctor of medicine degrees; and
WHEREAS, in 1873 the Medical Academy became known as the Medical Department of the University of Georgia after an agreement was made for affiliation with the University of Georgia; and
WHEREAS, in 1907 the Medical Department received a Class A designation, the high est designation from the AMA Council for Medical Education; and
WHEREAS, in 1933 protests of graduates, students, citizens throughout the state, and the support of Governor Eugene Talmadge kept the medical school open during the finan cial crisis of the depression; and
WHEREAS, in 1950 the medical school became an independent institution in the Uni versity System of Georgia and resumed its earlier name, Medical College of Georgia; and
WHEREAS, in 1951 the first degrees of Master of Science and Master of Science in Medical Art were awarded; and
WHEREAS, in 1956 the Eugene Talmadge Memorial Hospital opened as the teaching facility for the medical college, and the School of Nursing moved from the University of Georgia at Athens to Augusta; and
WHEREAS, in 1969 the first dental students were accepted at the medical college; and
WHEREAS, in 1973 the Medical College of Georgia was first accredited by the South ern Association of Colleges and Schools; and
WHEREAS, in 1984, to more accurately identify clinical facilities, including the many clinics and the Sydenstricker and Talmadge wings of the hospital, the college began using the name "Medical College of Georgia Hospital and Clinics"; and
WHEREAS, in 1988 the Medical College of Georgia celebrates 160 years of history and medical achievements; and
WHEREAS, the Medical College of Georgia today has a total enrollment of 2,300 stu dents and a total of over 10,603 alumni throughout the United States; and
WHEREAS, the Medical College of Georgia employs over 5,800 people with a budget impact on the state of over $159 million annually in salaries and fringe benefits.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does commend the Medical College of Georgia Hospital and Clin ics on its one hundred sixtieth anniversary and for its continuous service to the people of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit an appropriate copy of this resolution to the Medical College of Georgia Hospi tal and Clinics.
Senators Allgood of the 22nd and Albert of the 23rd offered the following amendment:
Amend the substitute to HR 565 offered by Senators Allgood of the 22nd and Albert of the 23rd by striking on page 1, lines 10 and 11 in their entirety and inserting in lieu thereof the following:
"Cheeks of the 89th and Ransom of the 90th; Senator Fincher of the 54th, Representa tives Harris of the 84th, Jackson of the 83rd and Buck of the 95th; and from the entire General Assembly; and".

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The amendment was adopted.
The substitute was adopted as amended.
The resolution was adopted by substitute.
The President announced that pursuant to HR 545, adopted previously, the Senate would stand in recess from 10:35 o'clock A.M. until 10:45 o'clock A.M., the hour for the Joint Session of the Senate and House called for the purpose of hearing a message from Honorable Thomas 0. Marshall, Chief Justice of the Supreme Court of Georgia, and pro ceed back to the Senate Chamber upon dissolution of the Joint Session.
The hour for convening the Joint Session of the Senate and House under the provisions of HR 545 having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing a message from the Chief Justice of the Supreme Court of Georgia, was called to order by the President of the Senate. HR 545, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.
The Honorable Thomas 0. Marshall, Chief Justice of the Supreme Court, addressed the Joint Session of the Senate and House of Representatives as follows:
Lieutenant Governor Miller, Mr. Speaker, Honorable Members of The Georgia General Assembly, My Fellow Justices and Judges, Distinguished Guests, Members of the Working Press, Ladies and Gentlemen:
It is a distinct honor that you--our distinguished General Assembly of Georgia--has set aside this time in a busy session to hear a report on our third branch of government--the Judiciary. It is a double honor for me in that I am privileged to represent the Judiciary in making that report.
The Judiciary of Georgia is a viable branch of government, coping always with the chal lenges of new and innovative developments in the law and seeking ways in which to make justice more speedily available to all of our citizens.
The Judiciary of Georgia is meeting its challenges. I am happy to report that the state of the Judiciary in Georgia is excellent and we have programs underway aimed at making it better.
JUDICIAL STRUCTURE
At the risk of sounding a bit elementary to those of you who are familiar with the Judicial structure of this State, I should like to give a brief description of that structure for the benefit of those of you who may be less familiar with it.
The Constitution of 1983 moved forward toward unifying our third branch of govern ment. That document modified our Judiciary as to classes of courts, leaving our general trial courts much the same as they were, while refining, redefining and creating new classes of courts.
At the present, the State Judiciary of Georgia is made up of two appellate courts, the Supreme Court of Georgia, which is composed of seven justices, and the Court of Appeals, which has nine judges. We have 159 superior courts--one for each county--in 45 circuits. These are our trial courts of general jurisdiction and are presided over by 135 judges, all on a full-time basis.

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We have 63 state courts which also are trial courts but of a more limited jurisdiction than that of the superior courts. Those courts are presided over by 85 judges, 48 of which are part time.
There are 159 juvenile courts. Most of those are presided over by superior court judges, but we have 51 that are separate and apart, each with a juvenile court judge presiding. Some juvenile court judges serve on a part-time basis.
Additionally, there are 159 probate courts, each with a judge, and 159 magistrate courts presided over by 285 magistrates and 159 chief magistrates. There are seven other courts authorized by the Constitution in which 12 judges preside. My information is that there are 390 municipal courts set up by city or county ordinance. We have no available figures on the number of judges who preside over those.
Conservatively speaking, there are more than 1,200 men and women wearing judicial robes in this State. Support personnel number more than 2,200.
I give you these figures to provide you with an idea of the size of the third branch. It is wide-spread with varied jurisdictions, duties and needs.
CASELOADS
One of the major complaints against the Judiciary--one we hear quite often--is the time it takes to get a case tried. We are well aware of this problem at every level and sub stantial progress is being made to reduce the time lag from the day a lawsuit is filed or an indictment is returned and the final disposition of the matter. And this progress is being made despite the increase in the caseloads which have jumped as much as 25 percent in our superior courts in the last 10 years.
According to figures compiled by the administrative office of the courts, the 45 superior court circuits in this State disposed of 6,505 more cases than were filed during calendar year 1986. This means that the backlogs were considerably reduced.
For that period, 1986, there were 135,570 civil and 65,887 criminal cases filed in the superior courts. A total of 1,850 civil cases and 4,308 criminal cases went before juries.
Over a longer period in which diligent efforts were made to reduce the backlog and get the case through the courtroom--the period from 1977 through 1986--there has been a 39 percent reduction in the number of pending cases. The time it takes for the average criminal case has been reduced from 6.5 months in 1977 to 4.6 months in 1985, and the time for civil cases has been reduced from 13.8 months to 10.1 months.
We owe a debt of gratitude to you, the General Assembly, for seeing the need to add more trial judges as you have done in the last few years. The need continues, however, for a helping hand as long as there are increases in litigation and criminal activity. We ask that you give careful study to requests for additional judges where the need can be shown.
The magnitude of litigation is not just a state problem but one of nationwide propor tion. According to the results of a survey just released by the National Center for State Courts, more than fourteen million, three hundred thousand new civil cases--including torts, contracts, small claims, and domestic relations cases--were filed in limited and gen eral jurisdiction state courts in calendar year 1985.

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That same survey shows that more than nine million, three hundred thousand new criminal cases were filed during the same period. State appellate courts recorded more than one hundred eight thousand new filings.
I know of no indication that litigation will decrease in the foreseeable future.
THE APPELLATE COURTS
I am happy to report that the relationship between the Supreme Court of Georgia and the Court of Appeals is very cordial and cooperative. Caseloads remain heavy in both appel late courts which have been described from time to time in recent years as among the busi est in the nation in the number of opinions published. Despite the heavy load, because of the two-term rule, both courts have been getting out their cases promptly. In my opinion, there is no other state in the country in which appeals are more promptly finalized than in Georgia.
The Court of Appeals is severely cramped for room and urgently needs additional office space in order that its staff may perform its work in handling a very heavy caseload that reached a total of 2,804 filings of direct appeals and applications in 1987.
Ways and means are also needed to reduce the workload of the able judges of that court. Chief Judge Birdsong has proposed an Appellate Statement Conference System--now employed in some of our sister states--as a means to settling or reducing to the bare essen tials the number of appeals going to that court. The proposal was introduced as House Bill 615 in 1987.
Although voluntary, such a pre-appeal system could at the very least eliminate much of the bulky transcripts that have to be prepared and read, thus saving litigants a great deal of money and the court a great deal of time. Some 20 states have adopted Pre-appeal Settle ment Conferences in some form. I won't go into detail, but such a plan warrants your study as one means of coping with the appellate caseload.
In the Supreme Court, we have been concerned for a number of years with a misconcep tion that the general public has of appellate courts. We are concerned with the mistaken public belief that we were "turning criminals loose."
I will concede immediately that there are times when the judicial system seems to have broken down. There are seemingly endless appeals, both at the state and federal levels, for criminals convicted of heinous crimes.
But even when a conviction is overturned, it does not mean a criminal is released. Nor does it mean our judges and jury systems are failing.
According to our figures, the Supreme Court of Georgia affirmed 90 percent of the crim inal appeals it considered last year--just as they were decided by the judges and juries of this State. That means that no substantial error was found in 90 percent of those cases.
Last year, the court considered 160 criminal appeals. It affirmed both the conviction and sentence in 143 cases, affirmed the conviction but modified the sentence in 4 cases, and reversed the conviction and ordered new trials in 11. It discharged only 2 defendants and those in relatively minor cases in which double jeopardy was involved.
Two of the cases in which new trials were ordered resulted from recent United States Supreme Court decisions involving peremptory jury strikes.

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I do not have statistics concerning the outcome of criminal appeals handled in the Court of Appeals. I am confident, however, that its results would closely track the figures of the Supreme Court.
I hope you will spread the word. Our courts do not function to turn criminals loose. Our trial judges and our citizen juries are still functioning and functioning well. The hard facts are that the judgment in only one out of every ten criminal cases brought before the Su preme Court is disturbed in any way.
JUVENILE JUSTICE
Our youth is one of the greatest assets this country has. We should make great efforts to see that our budding men and women are properly educated, properly trained as good citizens and have a healthy respect for the rights of others.
When youth goes astray, problems multiply for our society. We need to know early on the many sources of trouble with our children, the causes of why one may go wrong, while another may not.
It is often the treatment, or mistreatment, of a child that sets the stage for a criminal career. If we can improve the way in which we handle youthful law offenders and protect our children from the corrupting effects of abuse and drugs, we have gained ground.
Comprehensive programs that enlist the juvenile justice leadership and practitioners of this State to plan and build a juvenile justice system for the future have been sketched out. There is a need for further development of a specialized system--separate and distinct from that of adults--for dispensing justice and providing treatment for our youth.
The need for such a continuing and coordinated program is emphasized by the pro jected population growth figures for Georgia which predicts the State's juvenile popula tion--those of ages 10 to 16--will soon exceed 800,000 children.
The Council of Juvenile Judges currently is seeking a federal grant to establish pro grams aimed at the prevention of drug abuse in four Atlanta area juvenile courts. The func tion of the programs will be to assist the juvenile courts in the identification, assessment, evaluation and treatment of juvenile probationers engaged in drug abuse. Hopefully, such a program would deter juvenile probationers from involvement with illegal and harmful sub stances and act as a pilot for other programs in other counties.
WORTHWHILE GAINS
If we were to draw up a balance sheet of gains and losses for the judiciary in the last few years, it seems to me that the gains, while not gigantic, have been numerous and the cumulative effect is substantial. You, the General Assembly, can take credit for many of the improvements.
I point to such matters as the unification of the courts under the Constitution of 1983, which consolidated some of our small claims courts and justice of the peace courts into magistrate courts with statewide uniformity.
Progress in the training and continuing education of judges has been very impressive. You passed laws mandating annual training sessions for magistrates and probate judges. The other classes of courts--Appellate, Superior and State Courts--have each adopted rules requiring a minimum amount of hours of training each year.

JOURNAL OF THE SENATE
Uniform rules of procedure for all the trial courts is another plus in our estimation. These rules are devised by the courts themselves, as mandated by the Constitution of 1983, and I wish to point out anew that the Supreme Court has no intention of usurping the legislature's right to pass substantive law when the court approves court rules as they are presented.
A State-Federal Court Council was established during the term of former Chief Justice Robert H. Jordan and has continued to function. The council's goals are to reduce differ ences as they may arise between the two judicial systems and to seek greater uniformity in procedural matters that are subject to adjustment.
Other improvements are enactments of domestic violence laws, elimination of juror ser vice exemptions, tort reform and driving under the influence reform.
And last, I should also like to report that the world of computers is fast catching up with the judiciary. Superior Courts are automating locally at an increasing rate. This is both good and bad. The good part is that we are developing a more rapid and efficient means of communication in our courts. The bad part is that no uniform system has been devised so that each court system is compatible with other court systems. To cope with this problem, the Judicial Council just recently completed a study of data needs for reporting electroni cally to the State agencies, to which Clerks of the Superior Courts are required by law to report and, of course, to communicate with each other.
This study at least furnishes some guidelines on compatible software and equipment and those guidelines are being adopted on a voluntary basis. I cannot say at this time that legislation would be appropriate to insure a uniform system. I can say that it is important that a compatible system develop so that clerks and courts can communicate with one an other, with the Administrative Office of the Courts, the Supreme Court and Court of Ap peals and with numerous State agencies to whom they must report certain informa tion--such as criminal histories, sentencing information and so forth.
Since 1984, the number of computers used in our courts has more than doubled. Sev enty-eight of our 159 Superior Courts report some use of computers at the present time. The potential use of computers in the judicial system is almost unlimited, as we have learned in the Supreme Court. We have been using word processors and a specially tailored system of computerization for several years, and such usage has cut down the number of steps from the first draft of an opinion to the time it is handed down.
PROBLEMS FACING THE JUDICIARY
Just this past year marked the bicentennial of the United States Constitution. Georgia, as one of the 13 original colonies, held a number of events to celebrate that great occasion when our Constitution came into being. A few events are still yet to come in commemora tion of that long hot summer in Philadelphia.
The delegates who gathered there came up with a grand plan for the government of these United States. That plan not only divided powers between the federal government and the states, it also divided the powers in the federal branch into the Executive, Legisla tive and Judicial. That pattern of the separation of powers has been followed by the various states.
Our coming together today symbolizes our mutual recognition that while we have a constitutional responsibility to retain our independence from each other, we also have a constitutional responsibility to each other.
You in the legislative branch carry the responsibility for funding the courts. We in the

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judiciary have a corresponding responsibility to you to manage the courts efficiently. I think we are doing that. But we do need help.
According to our figures, the judiciary's share of the entire state budget in fiscal 1988 was but 74 hundreds of one percent. Of course, that does not include the money counties put into the system, without which the judiciary would be paralyzed. But the point is the legislature holds the purse strings, and our hope is that you won't hold them so tightly that we cannot attract capable men and women to the bench from the legal profession. Our needs have been made known to the State Compensation Commission, and we hope that you will give them due consideration.
Besides compensation, I could give you a long list of needs in the third branch. How ever, I should like to list only a few.
One of the big problems that should be faced up to sooner or later--sooner would be better--is the unevenness of funding and facilities from circuit to circuit and county to county.
A 'foundation' program for the courts is as desirable as it is for schools, in my opinion. Many courts must sit in antiquated, undignified facilities with inadequate clerical help. Full State funding could eliminate this disparity.
The House Judiciary Committee requested a study by the Judicial Council on the role the judiciary might play in strengthening child support enforcement. That study has been completed and a number of recommendations have been put forward, including the estab lishment of a single receiver agency in each circuit. Such a receiver should have access to wage attachment process which would authorize continued collection of child support even after arrearages are collected.
And again, we need to face up to the need for State funding of indigent defense. This is not a popular topic, but it could save money in the long run in that a properly established and funded system could insure against both excessive post-conviction appeals based on lack of proper representation and injustices due to inadequate counsel.
Again, the judiciary and I--speaking for the judiciary--appreciate you asking us to re port on the status of the third branch of government. It is our abiding hope that the spirit of cooperation between the two branches continues and grows.
Senator Allgood of the 22nd moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
At 11:25 o'clock A.M., the President called the Senate to order.
The following resolutions of the Senate were read and adopted:
SR 285. By Senators Turner of the 8th, Phillips of the 9th, Ragan of the 10th and others: A resolution commending the Georgia Municipal Association.
SR 286. By Senators Tate of the 38th, Walker of the 43rd and Scott of the 36th: A resolution commending Deacon David Brooks.
The following local, uncontested bill of the Senate, favorably reported by the committee as listed on the Senate Local Consent Calendar, was put upon its passage:

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SENATE LOCAL CONSENT CALENDAR
Friday, January 15, 1988
FIFTH LEGISLATIVE DAY
(The name listed with the bill is the Senator whose district is affected by the legislation.)

SB 445 McKenzie, 14th Macon County
To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Macon County during designated re gistration periods.
The report of the committee, which was favorable to the passage of the bill as reported, was agreed to.
On the passage of the bill on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon
BCoruylreftomnntan Coverdell Crumbley Dawkins Deal Dean Echols Edge

Engram Fincher Foster Garner Gmis Harris
,,"Hm.arerison u gms
Huggms Johnson Kennedy Kidd Land McGill

McKenzie Newbill Olmstead Peevy Perry Phillips
RDRaagyan of 10th Scott ,f 2nd Shumake Starr Stumbaugh Taylor Turner Tysinger

Those not voting were Senators:

Bowen Broun (excused) English Howard

Langford Ragan of 32nd Scott of 36th

Tate Timmons Walker

On the passage of the local bill, the yeas were 46, nays 0.
The bill on the Senate Local Consent Calendar, having received the requisite constitu tional majority, was passed.

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91

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 778. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Edwards of the 112th, Groover of the 99th and others:
A bill to amend Code Section 48-5-52 of the Official Code of Georgia Annotated, relating to homestead exemptions from school district ad valorem taxation for residents who are 62 years of age or over and who meet certain income qualifica tions, so as to change the income qualifications for such homestead exemption; to provide for a referendum and for effectiveness conditioned upon referendum approval.

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

HR 372. By Representative Dunn of the 73rd:
A resolution honoring the life of Honorable Herman Eugene Talmadge and creat ing the Herman Eugene Talmadge Monument Commission.

The following bill and resolution of the House were read the first time and referred to committees:

HB 778. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Edwards of the 112th, Groover of the 99th and others:
A bill to amend Code Section 48-5-52 of the Official Code of Georgia Annotated, relating to homestead exemptions from school district ad valorem taxation for residents who are 62 years of age or over and who meet certain income qualifica tions, so as to change the income qualifications for such homestead exemption; to provide for a referendum and for effectiveness conditioned upon referendum approval.
Referred to Committee on Banking and Finance.

HR 372. By Representative Dunn of the 73rd:
A resolution honoring the life of Honorable Herman Eugene Talmadge and creat ing the Herman Eugene Talmadge Monument Commission. Referred to Committee on Special Judiciary.

The following communications were read by the Secretary:

The General Assembly Atlanta

TO:

Honorable Max Cleland

Secretary of State

This is to certify that Honorable William P. Langdale, Sr., Lowndes County, has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Trans portation Board, as a member of the State Transportation Board from the Second Congres-

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sional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1988, and expiring April 15, 1993.
This 15th day of January, 1988.
M Zell Miller President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly Atlanta

TO:

Honorable Max Cleland

Secretary of State

This is to certify that Honorable Downing Musgrove, Glynn County, has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board, as a member of the State Transportation Board from the First Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1988, and expiring April 15, 1993.

This 15th day of January, 1988.

/s/ Zell Miller President of the Senate

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

The following communications from Honorable Max Cleland, Secretary of State, were received and read by the Secretary:
Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334
January 15, 1988
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
I am transmitting to you herewith a certified list of those persons who have registered in the Docket of Legislative Appearance for the 1988 Regular Session as of 3:00 p.m. on January 15, 1988. The list is numbered 1 through 464.
Most Sincerely
/s/ Max Cleland
Attachments:
Received by /s/ Hamilton McWhorter, Jr.

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STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons, numbered 1 through 464, who have registered in the Docket of Legislative Appearance as of January 15, 1988, 3:00 p.m., in accordance with Georgia Law 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 15th day of January, in the year of our Lord One Thousand Nine Hundred and Eighty-Eight and of the Independence of the United States of America the Two Hundred and Twelfth.
/s/ Max Cleland Secretary of State

(Seal)

1988 Session Registration-Docket of Legislative Appearance

1. VOID
2. Carl M. Toney P.O. Box 2047 Decatur, Georgia 30031 404/284-4272 Georgia Association of Physician Assistants
3. Thomas A. Bauer 100 Edgewood Avenue, N.E., #1008 Atlanta, Georgia 30303 404/527-7568 Fulton County United Way of Metropolitan Atlanta
4. Lynn L. White 920 Green Street Conyers, Georgia 30207 404/483-2408 Georgia Child Care Association
5. William G. Appel 2175 Northlake Parkway, Suite 128 Tucker, Georgia 30084 404/934-3919 Georgia Independent Automobile Dealers Assn., Inc.
6. William Alexander 1195 Lenox Circle, N.E. Atlanta, Georgia 30306 404/876-4572 City of Atlanta City of Savannah

7. James W. McAllister 303 Waverly Way LaGrange, Georgia 30241 404/884-7861 City School Systems of Georgia Professional Association of Georgia Educators
8. H. Judd Herndon 600 Virginia Avenue Atlanta, Georgia 30306 404/881-0795 American Civil Liberties Union of Georgia
9. Jere A. Ridgway 111 Smith Street Hartwell, Georgia 30643 404/376-8916 American Association of Retired Persons (AARP)
10. VOID
11. Warren N. Loar, III 2238 Pinecliff Drive Atlanta, Georgia 30345 404/934-2248 American Association of Retired Persons (AARP)
12. Mrs. J.W. (Laura) Clark 732 Brannan Road McDonough, Georgia 30253 404/957-4062 Citizen Henry County Farm Bureau

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13. Kathleen B. Moss 641 Brannan Road McDonough, Georgia 30253 404/957-9089 Henry County Farm Bureau Citizen
14. Alien L. Henderson 120 Barrington Hills Dr. Dunwoody, Georgia 30335 404/394-7162 National Radon Assn. Henderson Legislative Svc.
15. Gene Guerrero 88 Walton St., N.W. Atlanta, Georgia 30303 404/523-6201 American Civil Liberties Union
16. Francis J. Mulcahy 5780 Powers Ferry Road, Atlanta, Georgia 30327-4390 404/980-5653 Life Insurance Company of Georgia
17. Michael L. Strickland 950 E. Paces Ferry Road Atlanta, Georgia 30326 404/365-3524 Citizen
18. Clifford S. Avery 1230 Mimosa Cir. Mableton, Georgia 30059 404/739-2547 Citizen
19. Gary Ashley 1240 Atkinson Road Lawrenceville, Georgia 30245 404/962-2985 Georgia School Boards Association
20. Skip Yow 1240 Atkinson Road Lawrenceville, Georgia 30245 404/962-2985 Georgia School Boards Association
21. C. Robert Smith 6754 Broad Street Douglasville, Georgia 30134 404/949-2000 Georgia Association of Assessing Officials

22. Ray P. Williams 938 Peachtree Street, N.E. Atlanta, Georgia 30309 404/876-7535 Georgia Society of Opthalmology Medical Association of Georgia
23. Erik L. Peterson Post Office Box 91256 Atlanta, Georgia 30364-1256 404/454-7612 Georgia Right to Life Committee Inc.
24. Patrick Kessing 136 Marietta Street, N.W., Suite 347 Atlanta, Georgia 30303 404/521-3731 Georgia Environmental Project
25. Don Browne 2 Peachtree Street Atlanta, Georgia 30383 404/332-5009 First National Bank of Atlanta First Atlanta Corporation
26. Jack Wolcott Collins 534 Medlock Road, Room 108 Decatur, Georgia 30030 404/378-2833 Christian Science Committee
27. Joseph J. Kelly Post Office Box 4582 Atlanta, Georgia 30302 404/320-3754 Texaco Inc.
28. Jim Hammock 553 Lee's Trace Marietta, Georgia 30064 404/426-7380 Citizen
29. Connell Stafford P.O. Drawer 1734 Atlanta, Georgia 30301 404/676-2652 Coca-Cola Company, The
30. Edwin B. Topmiller Post Office Box 9748, 2328 Cortez Way Atlanta, Georgia 30319 404/636-7970 Georgia Sport Shooting Assn., Inc.
31. Kathleen M. Tomlin 465 Boulevard Street, S.E., Suite 101 Atlanta, Georgia 30312 404/622-2235 Christian Council of Metro Atlanta

FRIDAY, JANUARY 15, 1988

95

32. Heywood Gay Route 5, Box 3 Millen, Georgia 30442 912/982-4370 Citizen
33. Harry W. Wilson 6065 Roswell Road, N.E., Suite 722 Atlanta, Georgia 30328 404/252-6327 Georgia Federation of Teachers, AFT AFL-CIO
34. Robert H. Stolz City Hall, Mayor's Office Atlanta, Georgia 30335 404/527-7023 City of Atlanta
35. Harvey Benjamin Yellin Post Office Box 985 Valdosta, Georgia 31603 912/333-5157 Georgians for Victim Justice
36. Brenda Muhammad 1132 West Peachtree Street, Suite 205 Atlanta, Georgia 30309 404/876-0589 Carrie Steele Pitts Home, Inc. George A. Harris Enterprises
37. Demetrius Mazacoufa 1401 Peachtree Street, Suite 238 Atlanta, Georgia 30309 404/897-1000 Georgia Nurses Association Georgia Dietetic Association Georgia Speech-Language-Hearing Association
38. Gilbert G. Dulaney 800 Peachtree Street, Room 527 Atlanta, Georgia 30308 404/874-6094 Georgia County Welfare Assn.
39. James M. Crews 5901-A Peachtree Dunwoody, Suite 550 Atlanta, Georgia 30328 404/396-1183 Space Master International
40. Tammy S. Webb Post Office Box 2047 Decatur, Georgia 30031 404/284-4272 Georgia Association of Physician Assistants

41. Wally B. Poss Post Office Box 1052 Canton, Georgia 30114 404/345-5829 Georgia Safety Council
42. James F. Morris 30 Waddell Street Marietta, Georgia 30090-9646 404/429-3080 Cobb County District Attorney's Office
43. Neill Herring 581 Greenwood Avenue Atlanta, Georgia 30308 404/875-3767 Campaign for a Prosperous Georgia Georgia Association of Railroad Passengers Georgia Chapter Sierra Club
44. James H. Purcell 229 Peachtree Street, N.E., Suite 501 Atlanta, Georgia 30303 404/588-0517 Alliance of American Insurers
45 John Poole 1280 South CNN Center Atlanta, Georgia 30303-2705 404/223-2287 Business Council of Georgia Georgia Liability Crisis Coalition
4fi Marie S. Steinmeyer 3985 Lynfield Court College Park, Georgia 30349-Rt.6 404/349-2338 Georgia Women's Coalition for Medical Freedom, Inc. American Association of Retired Persons (AARP) Council on Aging Informed Health Care Association of Georgia
47. Don Cargill 1199 South CNN Center Atlanta, Georgia 30303-2705 404/688-9341 Atlanta Gas Light Company Ginn, Edington, Moore & Wade
48. Freda R. Turner 559 Jerry Steele Lane McDonough, Georgia 30253 404/957-9802 Citizen Henry County Farm Bureau

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49. Judith M. Grote 3292 Pinestream Road, N.W. Atlanta, Georgia 30327 404/261-6863 My Turn Now
50. Catherine M. Alexander 6666 Powers Ferry Road, Suite 260 Atlanta, Georgia 30339 404/984-9704 Georgia Association of Home Health Agencies, Inc.
51. Julius M. Lennard, Jr. Ill Huntington Road, N.E. Atlanta, Georgia 30309 404/875-1060 Grand Jurors Association of Fulton County
52. Mike Wingo Post Office Box 4569 Atlanta, Georgia 30302 404/584-3843 Atlanta Gas Light Company
53. C.D. (Duke) Ellington 3155 Presidential Drive, Ste. 104 Atlanta, Georgia 30340 404/451-2662 Apartment Owners & Managers Association, Inc.
54. Bob Margolin Post Office Box 147 Tucker, Georgia 30085-0147 404/938-0725 Syntex Laboratories Inc.
55. Mrs. Robert H. Whitaker 154 Dodgen Road Hampton, Georgia 30228 404/946-4901 Citizen Georgia Farm Bureau
56. Gayle Sexton 3735 Memorial Drive Decatur, Georgia 30032 404/284-8700 Georgia Health Care Association
57. Earl Shinhoster 970 Martin Luther King Jr. Dr. Atlanta, Georgia 30314 404/688-8868 National Association Advancement of Colored People

58. Robert R. Potter Post Office Box 54247 771 Spring St., N.W. Atlanta, Georgia 30379-2401 404/888-1756 State Farm Insurance Companies
59. John D. Folds, Jr. 1585 Phoenix Blvd., Suite 5 Atlanta, Georgia 30349 404/996-0509 State Farm Insurance Companies
60. Lee R. Lemke 2625 Cumberland Parkway, Suite 485 Atlanta, Georgia 30339 404/438-1588 Georgia Mining Association
61. Dr. Glynis J. Bean 3490 Piedmont Road, Suite 910 Atlanta, Georgia 30084 404/231-4975 Atlanta Chapter of the American Marketing Association
62. Mike Stephen Raynor 125 Perimeter Center West, Suite 346 Atlanta, Georgia 30346 404/391-2482 Southern Bell
63. VOID
64. Michael R. MacKenzie Post Office Box 347068, Floyd Building Atlanta, Georgia 30334 404/483-6168 Parole Consultant Services of Georgia
65. William J. White 3760 LaVista Road Tucker, Georgia 30084 404/634-0406 Gate City Guard
66. Mary Frances Williams 1105 West Peachtree Street Atlanta, Georgia 30309 404/873-6916 Families First
67. Jim Martin 3340 Peachtree Road, N.E., Ste. 1980 Atlanta, Georgia 30026 404/231-8676 Georgia Society of CPA's, Inc.
68. VOID

FRIDAY, JANUARY 15, 1988

97

69. Georgianne Bearden 3700 B Market Street Clarkston, Georgia 30021 404/292-7243 Professional Association of Georgia Educators
70. Dr. J.C. Mullis 824 South Milledge Avenue Athens, Georgia 30605 404/546-7852 Georgia Retired Teachers Association, Inc.
71. John S. Yates Post Office Box 909 Dahlonega, Georgia 30533 404/864-5200 Georgia Association of Educational Leaders
72. Cliff C. "Bucky" Kimsey III 55 Marietta Street Atlanta, Georgia 30303 404/529-4784 Bank South, N.A.
73. William Holland 100 Edgewood Avenue, Suite 502 Atlanta, Georgia 30303 404/527-7184 Mental Health Association of Georgia Residential Services Coalition
74. Andrew Henry Griffin, Jr. 3951 Snapfinger Parkway Decatur, Georgia 30035 404/289-5867 Georgia Association of Educators
75. Linda M. Blair Post Office Box 15168 Atlanta, Georgia 30333 404/352-8041 Citizen
76. VOID
77. Vita R. Ostrander 1839 Mt. Royal Dr. N.E. Atlanta, Georgia 30329 404/634-5522 American Association of Retired Persons Georgia Council on Aging
78. Julian B. Rosenthal 8 Kings Walk, N.E. Atlanta, Georgia 30307 404/377-3424 American Association of Retired Persons (AARP)

79. Virgil T. Smith Post Office Box 1471 Dalton, Georgia 30722-1471 404/278-3280 American Association of Retired Persons (AARP) Virgil T. Smith Associates
80. Richard Cobb 230 Peachtree Street, N.W., Suite 1500 Atlanta, Georgia 30303 404/522-2574 Petroleum Council of Georgia
81. Fran Hesser 230 Peachtree Street, Suite 1500 Atlanta, Georgia 30303 404/522-2574 Petroleum Council of Georgia
82. Jim Tudor 4128 Hawkeye Way Stone Mountain, Georgia 30083 404/292-8104 Georgia Association of Convenience Stores
83. Savannah Potter Miller 384 Peachtree Street, N.E., Suite 804 Atlanta, Georgia 30308 404/577-5026 Georgia Federation of Democratic Women
84. John F. Chambless 147 Harris Street, N.W. Atlanta, Georgia 30313 404/522-5941 Associated General Contractors of America, Inc.
85. Gary P. Fowler 147 Harris Street, N.W. Atlanta, Georgia 30313 404/522-5941 Georgia Branch, Associated General Contractors of America, Inc.
86. Gary Martin 1597 Phoenix Boulevard #12 Atlanta, Georgia 30349 404/991-3750 Police Benevolent Association of Georgia, Inc.

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87. Stephen P. Georgeson 675 Ponce de Leon Ave., N.E. Atlanta, Georgia 30395 404/885-3575 Sears, Roebuck and Company Georgia Retail Association
F. Thomas Longerbeam Five Dunwoody Park, Suite 113 Atlanta, Georgia 30338 404/394-8632 Motor Vehicle Manufacturers Association of the United States, Inc.
89. Frank M. Deaver Post Office Box 4418 Atlanta, Georgia 30302 404/588-7373 Trust Company Bank
90. W. A. (Bill) Hathaway 1067 McConnell Drive Decatur, Georgia 30333 404/634-2811 Georgia Federal/Military Retiree Coalition, Inc. Ga. Federation of Chapters, Natl. Assn. of Retired Fed. Emp.
91. Col. John W. Callaway, USA, Ret. 1727 Tolleson Court Dunwoody, Georgia 30338 404/396-9343 Georgia Federal/Military Retiree Coalition, Inc. Georgia Retired Officers Assn., Inc.
92. Thomas H. Paris III Post Office Box 4899 Atlanta, Georgia 30302-4899 404/581-5544 Citizens and Southern Corporation, The
93. Daniel P. Starnes 100 Edgewood Avenue, Suite 1008 Atlanta, Georgia 30303 404/527-7565 Council for Children, Inc.

94. John W. Cox 3200 Presidential Drive Atlanta, Georgia 30340 404/451-1831 Georgia Association of Realtors Inc.
95. John H. Thomas Building 2400, 3000 Langford Road Norcross, Georgia 30071 404/447-4611 Allentest Products Fraternal Order of Police Georgia Burglar & Fire Alarm Association Inc. Georgia Public Safety Coalition
96. Albert E. Nehl Post Office Box 129 Kingston, Georgia 30145 404/336-5521 Informed Health Care Association of Georgia, Inc. Citizen
97. Bill Johnston 1540 Stewart Avenue Atlanta, Georgia 30310 404/656-5951 Southern Bicycle League
98. Maureen M. Lok 3793 Raccoon Run Marietta, Georgia 30062 404/971-8521 League of Women Voters of Georgia
99. Frances D. Todd 3639 Meadow Chase Drive Marietta, Georgia 30062 404/565-1679 Eastside Elementary School PTA
100. Thomas J. Raynor, Sr. 2745 Church Street East Point, Georgia 30344 404/763-2300 Georgia Bail Bond Association

FRIDAY, JANUARY 15, 1988

99

101. Aubrey T. Villines, Jr. Suite 520-South Tower One CNN Center Atlanta, Georgia 30303-2705 404/525-7620 Ga. Chiropractic Assn., Inc. Chiropractic Political Action Committee Ga. Trial Lawyers Assn., Inc. Law Political Action Committee Georgia Assn. for Marriage and Family Therapy Georgia Chapter of National Assn. of Social Workers Georgia Personnel and Guidance Assn. Private Rehabilitation Suppliers of Georgia Georgia Vocational Evaluation and Work Adjustment Assn. Georgia Assn. of the Deaf Georgia Registry of Interpreters for the Deaf Traffic Safety Now, Inc.
102. VOID
103. Lansing B. Lee, III Atty. at Law, Suite 304, 1730 K Street, N.W. Washington, D.C. 202/296-0947 Law Offices/Lansing B. Lee, III Cigna Corp. Travelers Companies, The
104. Richard Rudolph Shaw, Sr. 208-1st Avenue, S.E. Atlanta, Georgia 30317 404/349-2510 Bethesda Temple Church, Inc.
105. Jack Cory 120 E. Jefferson Street Tallahassee, Florida 32301 904/893-0995 Southern Lobbying Services, Inc.
106. Bert Fridlin Fridlin and Associates, Inc., 1447 Peachtree Street, N.E., Ste. 804 Atlanta, Georgia 30309 404/872-2415 National Federation of Independent Business Automotive Service Assn. of Georgia Printing Association of Georgia

107. James M. Christian 4439 Shelbourne Drive Dunwoody, Georgia 30338 404/458-7217 Ciba-Geigy Corporation
108. Sharon Adams 1009 Oglethorpe Avenue Atlanta, Georgia 30310 404/755-4421 Prime Cable Citizen Georgia Cable Association Waste Management, Inc. Rankin Smith, Sr.
109. Louis L. Squyres 1009 Oglethorpe Avenue Atlanta, Georgia 30310 404/755-4421 Adams and Associates Citizen
110. VOID
111. Herman L. Moore 133 Peachtree Street, N.E. Atlanta, Georgia 30303 404/521-4756 Georgia Pacific Corporation
112. Suanne W. Tharpe 750 Commerce Drive Decatur, Georgia 30030 404/378-8000 DeKalb Chamber of Commerce
113. Luke Livingston 3307 Leeds Way Duluth, Georgia 30136 404/476-3202 Sandoz Pharmaceutical Corporation
114. John R. Keys 1007 Virginia Avenue, Suite 305 Atlanta, Georgia 30354 404/763-2453 Building Industry Association of Georgia
115. Bobby Rowan Box 70 Enigma, Georgia 31749 912/533-4888 Enigma Brotherhood of Farmers Executive Town & Country Limousine Surety Group, The Georgia Association of Life Insurers Southern Regional Educators TBS

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116. Kitty Johnson Box 70 Enigma, Georgia 31749 912/533-4360 Rowan & Associates
117. Gayle Hughes 4654 Roby Road Stone Mountain, Georgia 30083 404/292-1863 Georgia Forum
118. Hilary Rynne Post Office Box 830411 Stone Mountain, Georgia 30083-0411 404/479-7605 Georgia Forum
119. Ellen B. Goody Suite 3506, 35 Executive Park Drive, N.E. Atlanta, Georgia 30329 404/636-7539 Georgia Vocational Association, Inc.
120. Jim H. Groome 2625 Cumberland Parkway, Suite 485 Atlanta, Georgia 30032 404/438-1589 China Clay Producers Association Mead Corporation
121. Joyce R. Ringer 3613 Norwich Drive Tucker, Georgia 30084 404/651-2529 Citizen
122. J. Barry Schrenk 3566 Lawrenceville Highway Tucker, Georgia 30084 404/934-2144 Taggart's Driving School Sears Driving School Association of Georgia Driver Improvement Clinics
123. Leroy B. Anderson 3525 Mall Blvd., Suite 5EE Duluth, Georgia 30136 404/497-1121 Hensley-Schmidt, Inc.
124. Richard "Scrap" Wheeler 786 Cleveland Avenue, S.W. Atlanta, Georgia 30315 404/761-8550 Fulton County Board of Education

125. Robert W. Waymer 242 Boulevard Atlanta, Georgia 30312 404/525-6383 Public Education
126. Tom Keating 210 Pryor Street, S.W. Atlanta, Georgia 30335 404/827-8033 Atlanta Public Schools
127. Gould B. Hagler, Jr. Post Office Box 48386 Atlanta, Georgia 30362 260-84-6623 Independent Insurance Agents of Georgia
128. Gil C. Robison Suite 900, 230 Peachtree Street, N.W. Atlanta, Georgia 30303 404/525-1139 Georgia Aids Legislative Coalition
129. Susan Saleska Post Office Box 95217 Atlanta, Georgia 30347 404/727-5588 National Head Injury Foundation, Georgia Association Georgia Safety Belt Coalition
130. Robert A. Cucchi 245 Peachtree Center Ave., Suite 2204 Atlanta, Georgia 30303 404/659-0303 Ford Motor Company
131. R. Larry Brantley 333 Piedmont Avenue Atlanta, Georgia 30302 404/526-6946 Georgia Power Company
132. J.D. Dennis Post Office Box COBB Marietta, Georgia 30065 404/980-2000 Cobb Chamber of Commerce Civil Air Patrol, Georgia Wing
133. Willie G. Davis 2471 Ozark Trail, S.W. Atlanta, Georgia 30331 404/344-9336 W.G. Davis and Associates, Political Consultants

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101

134. Charles H. Hamblen 2564 Lake Flair Circle Atlanta, Georgia 30345 404/633-0122 Georgia Retired Teachers Association
135. Connie Ingalsbe Graves 1362 W. Peachtree Street, N.E. Atlanta, Georgia 30309 404/876-4624 Georgia Nurses Association
136. Emily Ellis 1362 West Peachtree Street, N.W. Atlanta, Georgia 30309 404/876-4624 Georgia Nurses Association
137. Jane T. Horner 789 Huntington Place Marietta, Georgia 30067 404/953-8421 Georgia Nurses Association
138. Jean Walker 1362 West Peachtree Street Atlanta, Georgia 30309 404/876-4624 Georgia Nurses Association
139. Nancy P. Schulz 1362 West Peachtree Street Atlanta, Georgia 30309 404/876-4624 Georgia Nurses Association
140. Dr. Louise B. Duncan 1362 West Peachtree Street Atlanta, Georgia 30309 404/876-4624 Georgia Nurses Association
141. Susan Estes 1362 West Peachtree Street Atlanta, Georgia 30309 404/876-4624 Georgia Nurses Association
142. Dr. Elizabeth O. Dietz 1362 West Peachtree Street Atlanta, Georgia 30309 404/876-4624 Georgia Nurses Association
143. James R. Bird 644 Elam Forest Court Stone Mountain, Georgia 30083 404/294-5427 American Association of Retired Persons (AARP)

144. Lawrence A. Ingwell 2581 Piedmont Road, N.E., S-1150 Atlanta, Georgia 30324 404/262-7701 Georgia Safety Council, Inc.
145. Joe W. Andrews, Jr. Post Office Box 801 Macon, Georgia 31202 912/743-8612 REGISTERED AGENT Home Builders Association of Georgia Georgia Jewelers Association Georgia Dairy Products Association Georgia Industrial Loan Assn. Cole National Corporation Georgia Association of Superior Court Clerks Georgia Tax Officials Assn.
146. Alethea K. Garnett 133 Peachtree Street, N.E. Atlanta, Georgia 30303 404/521-4752 Georgia Pacific Corporation
147. Julianne Givens Goecke Hansell & Post, Suite 500 56 Perimeter Center East Atlanta, Georgia 30346-2283 404/399-1673 Real Property Section State Bar of Georgia
148. Thomas G. Cook 1729 Lenox Road, N.E. Atlanta, Georgia 30306 404/875-0766 Georgia Pharmaceutical Association
149. Sue Ella Deadwyler 4168 Rue Antoinette Stone Mountain, Georgia 30083 404/294-4919 Georgia Insight
150. VOID
151. VOID
152. William G. Sanders 500 Sugar Mill Road, #240A Atlanta, Georgia 30350 404/993-2200 Georgia Association of Broadcasters, Inc.
153. William J. Shortt Post Office Box 2537 Gainesville, Georgia 30503 404/532-3591 Johnson & Johnson

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154. Alton H. Hopkins Suite 1607, 3400 Peachtree Road, N.W. Atlanta, Georgia 30326 404/237-1035 Crown Century Petroleum Corp.
155. Martha S. Phillips 2951 Flowers Road, South, Suite 112 Atlanta, Georgia 30341 404/458-6166 Georgia Dental Association
156. VOID
157. VOID
158. E. Douglas Henson 400 Cleveland Avenue Atlanta, Georgia 30315 404/761-8455 Georgia Dental Association
159. W. Fred Blackmon 5944 Peachtree Corners East Norcross, Georgia 30091 404/441-5415 Eli Lily & Company
160. Ed Holcombe 333 Piedmont Avenue Atlanta, Georgia 30302 404/526-6929 Georgia Power Company
161. Kathy T. Chaffin 1075 Spring Street, N.W. Atlanta, Georgia 30309 404/872-2467 Georgia Press Association
162. William B. Hollberg 744 Elkmont Drive, N.E. Atlanta, Georgia 30306 404/874-0874 Alliance for Parents & Families Georgia Voters Alliance
163. Gordon D. Giffin 134 Peachtree Street, Suite 1900 Atlanta, Georgia 30043 404/256-1039 Long, Aldridge & Norman
164. Walter Bellamy 2343 Campbellton Road, S.W. Atlanta, Georgia 30311 404/642-3407 Citizen

165. W. Stell Huie 134 Peachtree Street Atlanta, Georgia 30043 404/527-4950 Long, Aldridge, and Norman
166. Linda Coursey Jones 856 Brandy Oaks Lane Stone Mountain, Georgia 30088 404/469-2456 Citizen
167. Kathryn Egan Stout 110 North Mill Road Atlanta, Georgia 30328 404/252-6074 Citizen
168. Henry M. Lee 4964 Owens Court Stone Mountain, Georgia 30083 404/469-5864 Citizen
169. Harold Bevis Delta Air Lines, Inc. Hartsfleld Atl. Int'l. Airport Atlanta, Georgia 30320 404/765-2455 Air Transport Association of America
170. Jacquelyn Harmon Saylor 142 Seventeenth Street, N.E. Atlanta, Georgia 30309 404/892-2430 League of Women Voters, The Georgia
171. Percy Marchman 2799 Lawrenceville Highway, Suite 200 Decatur, Georgia 30033 404/621-9837 Georgia Association Property & Casualty Insurance Companies Professional Insurance Agents
172. Richard A. Guthman, Jr. 34 Peachtree Street, N.W. Atlanta, Georgia 30303 404/584-1509 1st American Bank of Georgia
173. Carol Grant Muldawer Mayor's Office Atlanta, Georgia 30335 404/527-7011 City of Atlanta

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103

174. Alien E. Owen West Point Pepperell, Inc. Post Office Box 71 West Point, Georgia 31833 404/645-4800 West Point Pepperell, Inc.
175. Lee Richardson Post Office Box 2356 Smyrna, Georgia 30081 404/438-8442 American Bikers Active Towards Education of Ga., Inc.
176. Paul D. Bolster North X Northwest Office Park Atlanta, Georgia 30339 404/955-0324 Georgia Hospital Association
177. Bob Bullington Post Office Box 80763 Chamblee, Georgia 30366 404/938-7373 United Transportation Union
178. Henry R. Bauer, Jr. 6111 Peachtree Dunwoody Road, N.E. Building D, Suite 102 Atlanta, Georgia 30328 404/394-9004 Fulton County, Georgia
179. Reginald Strickland 3109 Crossing Park Post Office Box 129 Norcross, Georgia 30091 404/449-5610 Georgia Property & Casualty Insurance Companies Georgia Premium Finance Assn.
180. Ms. Edith A. Eberhart 918 Hill Street, S.E. Atlanta, Georgia 30315 404/627-1969 Georgia Women's Political Caucus
181. Bill McBrayer 100 Edgewood Avenue, N.E., Suite 1804 Atlanta, Georgia 30303 404/577-3435 Georgia Retail Association Georgia Chain Drug Council Opticians Association of Georgia

182. Mark A. Fackler 4 Executive Park Drive, N.E. Atlanta, Georgia 30329 404/320-8910 Georgia Credit Union Affiliates
183. Brian Thomas Evans Post Office Box 210 Juliette, Georgia 31046 912/986-4620 Appleton Family Ministries Middle Georgia Council for Children & Youth Georgia Residential Child Care Association
184. Kathy B. Ashe 805 Peachtree Street, N.E., Suite 300 Atlanta, Georgia 30308 404/874-0028 League of Women Voters
185. James Welsh 786 Cleveland Avenue Atlanta, Georgia 30315 404/766-7888 Fulton County Board of Education
186. Johnny Richards 876 Cleveland Avenue, S.W. Atlanta, Georgia 30318 404/768-3600 Fulton County School Systems
187. Dick Dorsey Atlanta Plaza, Suite 1555 950 East Paces Ferry Road, Atlanta, Georgia 30326 404/261-8834 American Insurance Association
188. Raymond G. Farmer 950 East Paces Ferry Road Atlanta, Georgia 30326 404/261-8834 American Insurance Association
189. VOID
190. Joseph R. Parrott, Jr. 750 Hammond Drive, Bldg. #9 Atlanta, Georgia 30328 404/256-7811 ITT Rayonier

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191. Peter L. Banks 975 Johnson Ferry Road, Suite 450 Atlanta, Georgia 30342 404/252-0700 Amarada Hess Corporation ARA Services, Inc. Cobb Developers Assn. Humana Inc. Riser Permanente Medical Plan of Georgia Inc. Miller Brewing Company Mortgage Bankers Association of Georgia Georgia Association of HMOs Georgia Society of Professional Engineers Consulting Engineers Council of Georgia Cardinal Industries Inc. Georgia NR 60
192. Lydia J. Nafpliotis 2160 Meadowind Lane Marietta, Georgia 30062 404/973-0595 Murdock Elementary School PTA
193. Jerry Hill 6 Executive Park Atlanta, Georgia 30329 404/634-2065 Amoco Corporation
194. Andrew D. Downs 1280 South CNN Center Atlanta, Georgia 30303-2705 404/223-2267 Business Council of Georgia Georgia Self Insurers Association
195. James R. Newman 346-125 Perimeter Center West Atlanta, Georgia 30346 404/391-4545 Southern Bell
196. Donald Derrico 4601 Welcome All Road College Park, Georgia 30349 404/768-8102 Cardinal Industries Inc.
197. Paul L. Shanor 938 Peachtree Street Atlanta, Georgia 30309 404/876-7535 Medical Association of Georgia MAG Mutual Insurance Company

198. F. Abit Massey Post Office Box 763 Gainesville, Georgia 30503 404/532-0473 Georgia Poultry Federation
199. Linda G. Edmonds Post Office Box 36313 Decatur, Georgia 30032 404/296-3130 Georgia Optometric Association
200. L. Jane Miller 160 Clairmont Avenue, Suite 570 Decatur, Georgia 30030 404/377-1040 Georgians for Better Transportation, Inc.
201. Kay Branch McKenzie 600 W. Peachtree Street, Suite 1550 Atlanta, Georgia 30308 404/875-2762 McKenzie & Associates, Inc. Rollins Research & Development, Inc.
202. Ted G. Simmons 600 W. Peachtree Street, Suite 1550 Atlanta, Georgia 30309 404/875-2762 McKenzie & Associates Rollins Research & Development, Inc.
203. Henry Turner 3065 Hargrove Road Atlanta, Georgia 30339 404/984-4773 US Sprint
204. Patricia M. Smith 1851 Ram Runway College Park, Georgia 30337 404/761-3150 Association for the Retarded Citizens of Georgia
205. Gary P. Fowler 147 Harris Street, N.W. Atlanta, Georgia 30313 404/522-5941 Associated General Contractors of America Inc., Ga. Branch
206. P. J. Russell 3669 N. Peachtree Road Chamblee, Georgia 30341 404/458-2200 Georgia Limousine Assoc. Executive Town & Country Serv.

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105

207. Mary Ellen Hodges Suite 2129, First Atlanta Tower Atlanta, Georgia 30383 404/525-2212 Physical Therapy Association of Georgia, The Hodges Corporation, The
208. Joe A. Cannon Route 5 Blakely, Georgia 31723 912/723-5650 American Association of Retired Persons
209. Keyna Dyar Cory 120 East Jefferson Street Tallahassee, Florida 32301 904/893-0995 Southern Lobbying Services, Inc.
210. Jet Toney 41 Marietta Street, Suite 714 Atlanta, Georgia 30303 404/522-8487 Georgia Trial Lawyers Association
211. Carl Mason 3790 Brookway Atlanta, Georgia 30331 404/424-2426 International Assn. of Machinists & Aerospace Workers--Local 709
212. William W. Whitton 17 Whitton Road Bremen, Georgia 30110 404/537-3145 International Assn. of Machinists & Aerospace Workers--Local 709
213. Harold W. Berryman 6569 Malvin Drive Austell, Georgia 30001 404/948-4792 International Assn. of Machinists & Aerospace Workers--Local 709
214. John T. Mitchell 1400 Coleman Avenue Macon, Georgia 31207 912/744-2776 Mercer University
215. Priscilla D. Woolley 3951 Snapfinger Parkway Atlanta, Georgia 30035 404/289-5867 Georgia Association of Educators

216. Thomas M. Boiler Post Office Box 8733 Atlanta, Georgia 30306 404/872-0335 State Bar of Georgia Standard Oil of Ohio Fulton County School System Fulton County Pension Board
217. Wayne W. Oliver 20 Lenox Pointe Atlanta, Georgia 30347 404/231-5074 Georgia Pharmaceutical Association
218. James A. Gray, III 229 Peachtree Street, N.E., Suite 1600 Atlanta, Georgia 30303 404/659-1444 Tobacco Institute, The
219. Bill Griffin Post Office Box 53379 Atlanta, Georgia 30305 404/231-4292 Ga. Beer Wholesalers Association
220. Bobbie Jean Sharp 201 Ashby Street Atlanta, Georgia 30314 404/524-8605 Georgia Association of Educators
221. Scott Mall 938 Peachtree Street, N.E. Atlanta, Georgia 30309 404/876-7535 Medical Association of Georgia Mag Mutual
222. R. H. Williams Post Office Box 150 Jacksonville, Florida 32201 904/353-3611 Jefferson Smurfit Corp. Container Corp. of America
223. Franklin McCamey Route 2, Box 2974 Dawsonville, Georgia 30534 404/265-2164 Atlanta Audubon Society Georgia Ornithological Society Georgia Botanical Society
224. Gayle E. Miller 726 Sycamore Street Decatur, Georgia 30030 404/378-4787 Sierra Club

106

JOURNAL OF THE SENATE

225. Karen Bernheimer Post Office Box 465 Pine Lake, Georgia 30072 404/296-1468 Sierra Club
226. Jack G. Burns 41 Marietta Street, Suite 714 Atlanta, Georgia 30303 404/522-8487 Georgia Trial Lawyers Assn.
227. John Dobrenic 141 Dunbarton Drive St. Simons Island, Georgia 31522 912/638-4993 Georgia Association of Educators
228. Keith Hatcher 3200 Presidential Drive Atlanta, Georgia 30340 404/451-1831 Georgia Association of Realtors
229. David Lee Prather 279 Logan Street, S.E. Atlanta, Georgia 30307 404/688-1256 Communication Workers of America Georgia Political Council
230. Faye Fox 3951 Snapfinger Parkway Decatur, Georgia 30035 404/289-5867 Georgia Association of Educators
231. Linda S. Lowe 161 Spring Street Atlanta, Georgia 30303 404/656-6021 Clients of Georgia Legal Services Program Continuum Alliance for Healthy Mothers & Children
232. Ervin W. Goodroe Post Office Box 160 Austell, Georgia 30001 404/941-0223 Building Material Merchants Assn.
233. Kay Y. Young 161 Spring Street, N.W., 5th Floor Atlanta, Georgia 30303 404/656-6021 Georgia Legal Services Program Atlanta Legal Aid Society

234. Martha Eaves 988 Milstead Avenue Conyers, Georgia 30207 404/483-7511 American Association of Retired Persons (AARP)
235. Don Wix 1399 Montreal Road Tucker, Georgia 30084 404/938-9900 Home Builders Association of Metropolitan Atlanta
236. Michael R. Fowler 938 Peachtree Street Atlanta, Georgia 30309 404/876-7535 Medical Association of Georgia Mag Mutual Insurance Company
237. Richard L. Greene 938 Peachtree Street, N.E. Atlanta, Georgia 30309 404/876-7535 Medical Association of Georgia Mag Mutual Insurance Company
238. Kenneth O. Parris The Parris Group, 2638 Rivers Road Atlanta, Georgia 30305 404/237-1986 HSN Redi-Med., Inc.
239. John P. Silk 1900 Century Boulevard, Suite 8 Atlanta, Georgia 30345 404/321-5440 Georgia Telephone Association
240. Charles C. Martin 470 Hill Street Buford, Georgia 30518 404/945-5179 National Solid Wastes Management Association
241. Fred B. Kitchens, Jr. Suite 414, Six Piedmont Center 3525 Piedmont Road, N.E. Atlanta, Georgia 30305 404/261-4518 Wine & Spirits Wholesalers of Georgia
242. Lita Sue Menkin Post Office Box 2034 Atlanta, Georgia 30301 404/524-5811 Clients of Senior Citizens Advocacy Project

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107

243. David R. Williams 50 Hurt Plaza, Suite 1050 Atlanta, Georgia 30303 404/522-1501 Georgia Bankers Association
244. Dianne Rogers 3225 Matador Court East Point, Georgia 30344 404/763-8401 Transportation Communications Union
245. G. Wayne Johnson Post Office Box 2080 Stone Mountain, Georgia 30087 404/979-9814 Communication Workers of America (CWA)
246. Lasa Y. Joiner 1848 Breckenbridge Drive Atlanta, Georgia 30345 404/325-0740 Georgia Library Association
247. George E. Hibbs The State Bar of Georgia 50 Hurt Plaza, 800 Hurt Bldg. Atlanta, Georgia 30303 404/527-8732 The State Bar of Georgia
248. Ernest Devis, Jr. 151 Spring Street, N.W. Atlanta, Georgia 30335 404/524-5811 Atlanta Legal Aid Society, Inc. Georgia Legal Services Programs, Inc.
249. Theresa Ann Sipe 4873 Scotts Mill Way Duluth, Georgia 30136 404/447-4731 American College of Nurse/Midwives, Georgia Chapter
250. Virginia T. Fulton 415 Promenade Court Marietta, Georgia 30064 404/429-4016 Communication Workers of America Georgia Political Council
251. VOID
252. Joanna Williams 161 Spring Street, Suite 640 Atlanta, Georgia 30303 404/523-4620 A.F.S.C.M.E.

253. Joyce R. Daniels 235 International Boulevard Atlanta, Georgia 30301 404/586-8411 Atlanta Chamber of Commerce
254. Dr. Colin Forde 2566 Shallowford Road, Suite 37 Atlanta, Georgia 30345 404/938-5559 Career & Educational Consultants Ecumenical Planning Associates
255. Judith Baird 75 Poplar Street, Haas Howell Building Atlanta, Georgia 30303-2122 404/681-2600 Aetna Insurance Company Georgia State Assn. of Life Underwriters
256. Paul Lavoy Johnson 1074 Rock Chapel Road Lithonia, Georgia 30058 404/482-7172 Citizens United for Research & Education
257. Linda K. Disantis 8615 Barnwell Road Alpharetta, Georgia 30201 404/642-4000 Georgia Conservancy
258. Joan R. Cates 100 Edgewood Avenue, N.E., Suite 1604 Atlanta, Georgia 30303 404/688-9300 Planned Parenthood of Atlanta Area
259. Linda Gail Womack Post Office Box 1349 Tucker, Georgia 30085-1349 404/496-7935 Oglethorpe Power Corporation
260. Ann Wells White 145 Fifteenth Street, #1237 Atlanta, Georgia 30361 404/881-6665 Georgia Women's Political Caucus Planned Parenthood of Atlanta Area

108

JOURNAL OF THE SENATE

261. Ruth Claiborne 120 Ralph McGill Boulevard, Suite 1600 Atlanta, Georgia 30308 404/892-3100 Georgia Council of Magistrate Court Judges Clearinghouse on Georgia Prisons and Jails Planned Parenthood of Atlanta Area Georgia Association of School Psychology Girl Scout Council of Georgia
262. Davetta C. Johnson 2818 Zane Gray Drive Atlanta, Georgia 30316 404/243-8200 Georgia on Premise Lounge Association Georgia Chiropractic Association, Inc.
263. Stewart Acuff 501 Pulliam Street, S.W., Suite 535 Atlanta, Georgia 30312 404/523-7884 Georgia State Employees Union, Local 1985
264. Charlie Earnest Key 501 Pulliam Street, S.W., Suite 225 Atlanta, Georgia 30312 404/584-0005 North Georgia Building & Construction Trades Council
265. Jane Newman 374 Maynard Terrace Atlanta, Georgia 30001 404/373-5778 Plumbers and Pipefitters Local Union 72
266. Tiersa Ann Hays 8513 Cumberland Glen Lane Smyrna, Georgia 30080 404/952-2906 Citizen
267. Dorothy P. Spence 1197 Peachtree Street Atlanta, Georgia 30361 404/873-3207 Georgia Association American Institute of Architects

268. James D. King, Jr. 2424 Piedmont Avenue Atlanta, Georgia 30324 404/848-5049 Metropolitan Atlanta Rapid Transit Authority
269. Bryce Holcomb 848 Broad Street, S.W., Suite 105 Gainesville, Georgia 30501 404/534-2935 Georgia Soft Drink Association
270. Jane Yarn 881 W. Conway Road, N.W. Atlanta, Georgia 30327 404/237-2344 Citizen
271. Sharon A. Mobley 2150 Parklake Drive, #160 Atlanta, Georgia 30345 404/934-7650 Georgia Grocers Association
272. Raymond Cecil Taylor Post Office Box 9823 Columbus, Georgia 31908-9823 404/561-5419 Brotherhood of Locomotive Engineers
273. William C. Resseau, Jr. Route 1, Box 500 Hillsboro, Georgia 31038 404/468-8718 Brotherhood Maintenance of Way Employees
274. Michael M. Kumpf 9040 Roswell Road, Suite 500 Atlanta, Georgia 30338 404/641-2439 BP America, Inc.
275. Mark Alien Krill 3967 Longview Drive Atlanta, Georgia 30341 404/457-3876 Citizen
276. R. Rudolph Underwood Post Office Box 7068 Macon, Georgia 31298 912/474-8411 Georgia Farm Bureau
277. Alien L. Lacey, Jr. Post Office Box 7068 Macon, Georgia 31210 404/474-8411 Georgia Farm Bureau Federation

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109

278. Kay H. Pippin 3951 Snapfinger Parkway Decatur, Georgia 30035 404/289-5867 Georgia Association of Educators
279. Bill W. Gray 11405 Hackett Road Roswell, Georgia 30075 404/993-5148 RBN Consultants Limited Georgia Hearing Aid Society
280. James L. Mynes Post Office Box 1513 Decatur, Alabama 35602 205/353-3137 ITT Consumer Financial Corporation
281. Cheatham E. Hodges, Jr. Suite 2129, First Atlanta Tower Atlanta, Georgia 30383-3142 404/525-2212 Georgia Catholic Conference Association of Private College's & Universities in Georgia
282. Pat Gardner 100 Edgewood Avenue, Suite 1250 Atlanta, Georgia 30303 404/688-0705 Georgia Psychological Association
283. Martha Pennington 3700 B Market Street Clarkston, Georgia 30021 404/292-7243 Professional Association of Georgia Educators
284. Marty Nance 44 Broad Street Atlanta, Georgia 30303 404/523-6408 Urban Residential Finance Authority of the City of Atlanta
285. VOID
286. Paul Flack 100 Galleria Parkway, Suite 1030 Atlanta, Georgia 30339 404/951-1888 Hobson, Barnes & Associates
287. Julian Hester 1100 Circle 75 Parkway, Suite 720 Atlanta, Georgia 30339 404/984-0918 Community Bankers Association of Georgia

288. James P. Kulstad 158 Flora Avenue Atlanta, Georgia 30307 404/588-9455 Citizen
289. Bernard Thomas One CNN Center, Suite #1100, South Tower Atlanta, Georgia 30303-2705 404/658-1150 City of Atlanta, Department of Law
290. Gary M. Holmes One CNN Center, Suite #650, South Tower Atlanta, Georgia 30303-2705 404/659-4567 City of Atlanta, Office of Economic Development
291. Elaine C. Nachman 763 Peachtree Street, N.E. Atlanta, Georgia 30305 404/237-7930 Center for the Visually Impaired
292. Richard J. Burrell 981 Guys Court Lilburn, Georgia 30247 404/972-3491 Household International
293. Carol A. White 500 Northside Circle, N.W., Apartment S-ll Atlanta, Georgia 30309 404/351-8991 Dogwood City Business and Professional Women
294. Andy Owen 1900 Peachtree Center Tower, 230 Peachtree Street Atlanta, Georgia 30303 404/688-2600 American Insurance Association American Council of Life Insurers
295. VOID
296. Joe Brannen 50 Hurt Plaza, Suite 1050 Atlanta, Georgia 30303 404/522-1501 Georgia Bankers Association
297. Joe H. McKenzie, Jr. Post Office Box 37 Gordon, Georgia 31031 912/628-7206 Englehard Corporation

110

JOURNAL OF THE SENATE

298. Bill Verner 148 International Boulevard, Suite 845 Atlanta, Georgia 30043 404/659-3430 Georgia Electric Membership Corporation
299. Harry D. Hollingsworth, Jr. 1201 West Peachtree Street, IBM Tower, Suite 4800 Atlanta, Georgia 30309 404/875-1444 Grady Hospital
300. Roger T. Lane 3581 Habersham at North Lake Tucker, Georgia 30084 404/938-0775 Georgia Oilmen's Association
301. Jack W. Houston 900 North Hairston Road, Suite D Stone Mountain, Georgia 30083 404/296-0305 Georgia Association of Petroleum Retailers, Inc.
302. James R. Loyd, Sr. 300 W. Wieuca Road, N.E., Suite 115 Atlanta, Georgia 30342 404/252-6282 Georgia Tire Dealers and Retreaders Association
303. Norris Arthur Callier, Jr. 501 Pulliam Street, S.E., #350 Atlanta, Georgia 30316 404/522-0684 Amalgamated Transit Union Local 308
304. Robert L. Infinger, Jr. 1900 Emery St., N.W., Suite 100-A Atlanta, Georgia 30318 404/352-1026 The American Legion, Dept. of Georgia
305. Lindy Thomas 1165 West Conway Drive Atlanta, Georgia 30327 404/262-2438 Junior League of Atlanta
306. Brenda Booth Dicristina 17 Heards Overlook Court Atlanta, Georgia 30328 404/953-8822 Junior League of Atlanta

307. Charles Musselwhite 1162 Enota Circle Gainesville, Georgia 30501 404/532-4873 Georgia Association of Educational Leaders
308. Cynthia Porter Brown 400 King Road Atlanta, Georgia 30342 404/237-9931 Junior League of Atlanta
309. Susan H. Wanserski 3154 Northside Parkway, N.W. Atlanta, Georgia 30327 404/261-7799 Junior League of Atlanta
310. Charlotte Gattis 1000 Circle 75 Parkway, Suite 060 Atlanta, Georgia 30339 404/955-4522 Georgia Manufactured Housing Association
311. John E. Rollins 6307 Eaglebrook Avenue Tampa, Florida 33624 813/962-6744 Citicorp Family Guardian Life Insurance
312. Wilma G. Hipps 160 Clairmont Avenue, S-570 Decatur, Georgia 30030 404/377-0140 Georgians for Better Transportation, Inc.
313. James A. White 370 W. Lanier Avenue Fayetteville, Georgia 30214 404/461-4243 Association of Superior Court Clerks Georgia Association of Tax Officials Home Builders Association of Georgia Georgia Industrial Loan Association
314. J. Douglas Cowart 2513 Woodlands Drive Smyrna, Georgia 30080 404/432-2384 Citizen

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111

315. Denise Kornegay 2929 Lake Colony, #5 Norcross, Georgia 30071 404/242-9506 National Association of Social Workers--Georgia Chapter Georgia Association of Chiropractors
316. Arthur J. Must, Jr. 1353 N. Highland Avenue Atlanta, Georgia 30306 404/872-1776 Common Cause
317. Shirley Brother 100 Edgewood Avenue, N.E., Suite 1010 Atlanta, Georgia 30303 404/522-8683 League of Women Voters of Georgia
318. Harold E. Bryant Post Office Box 7368 Columbus, Georgia 31908 404/649-3153 Blue Cross and Blue Shield of Georgia Inc.
319. Timothy L. Ashmore Post Office Box 1200 Columbus, Georgia 31906 404/327-1566 Columbus Chamber of Commerce
320. H. Sidney Linton 1640 Powers Ferry Road, Building 18, Suite 320 Atlanta, Georgia 30067 404/955-7515 GTE South
321. Albert J. Abrams Post Office Box 169 Macon, Georgia 31298 912/741-8012 Greater Macon Chamber of Commerce
322. William A. Travis 1444 Dallas Circle Marietta, Georgia 30064 404/424-0769 McNeil Pharmaceutical
323. Will Dixon 508 Cleveland Avenue Atlanta, Georgia 30315 404/761-5050 Little Caesar's Pizza

324. Donna McLarin 148 International Boulevard, Suite 845 Atlanta, Georgia 30043 404/659-3430 Georgia Electric Membership Corporation
325. Sam W. Doss, Jr. Post Office Box 431 Rome, Georgia 30161 404/291-9191 Federation of Georgia Hospitals
326. Mary Prozora 118 Hilldale Drive Decatur, Georgia 30030 404/873-4356 Georgia Citizens for the Arts
327. Lyn Hunt Post Office Box 633 Madison, Georgia 30650 404/342-2767 Georgia Citizens for the Arts
328. Ed McGill 920 Green Street Conyers, Georgia 30207 404/922-6555 Georgia Alcohol Dealers Association, Inc.
329. Bob Short 1456 Stratfield Circle Atlanta, Georgia 30319 404/421-3830 Federation of Georgia Hospitals Hospital Corporation of America Bob Short and Associates Coliseulm Medical Centers Doctors' Hospital Tucker Fairview Park Hospital Hughston Sports Medicine Hospital HCA Palmyra Medical Centers Parkway Medical Center Redmond Park Hospital West Paces Ferry Hospital Doctors' Hospital Columbus Lanier Park Hospital Worth Community Hospital Emanuel County Hospital Habersham County Medical Center Higgins General Hospital Memorial Medical Center Peach County Hospital Tanner Medical Center Upson County Hospital Wayne Memorial Hospital

112

JOURNAL OF THE SENATE

330. Nell C. Mize 3240 Stoney Acres Drive, N.W. Kennesaw, Georgia 30144 404/428-6648 Informed Health Care Assn. of Georgia, Inc. Citizen
331. Helga Nehl 59 Old Rome Road Kingston, Georgia 30145 404/336-5521 Informed Health Care Assn. of Georgia, Inc. Citizen
332. Jean L. Moran 59 Old Rome Rd. Kingston, Georgia 30145 404/336-5521 Informed Health Care Assn. of Georgia, Inc. Citizen
333. VOID
334. Robert K. Yass One Tower Square, 6-SHS Hartford, Ct 06183 (203)954-8235 The Travelers Companies
335. Betty M. Layng 1686 Noble Drive, N.E. Atlanta, Georgia 30306 404/875-0041 Residential Services Coalition
336. Benson Ham Suite 845, 148 International Boulevard Atlanta, Georgia 30043 404/659-3430 Georgia Electric Membership Corporation
337. William A. Binns Union Camp Corporation, Post Office Box 570 Savannah, Georgia 31402 912/238-7327 Union Camp Corporation
338. Billy J. Baron 120 Darien Highway Brunswick, Georgia 31521 912/264-1940 ABC Home Health

339. Carroll Ann Lindseth Suite 1010, 100 Edgewood Avenue, N.E. Atlanta, Georgia 30303 404/522-8683 League of Women Voters of Georgia
340. Cobina A. Orloff 100 Edgewood Avenue, N.E., Suite 1010 Atlanta, Georgia 30303 404/522-8683 League of Women Voters of Georgia
341. Gayle Jordan 136 Marietta Street, N.W., Suite 405 Atlanta, Georgia 30303 404/522-4696 NAACP (Atlanta Chapter)
342. Embry Malone 2945 Stone Hogan Road Atlanta, Georgia 30311 404/349-2414 NAACP (Atlanta Branch)
343. Daniel L. Barber 177 Meadowood Square Decatur, Georgia 30038 404/981-4058 NAACP (Atlanta Branch)
344. Brian Sherman 213 Hillyer Place Decatur, Georgia 30030 404/373-2481 NAACP (Atlanta Branch)
345. Deloris Bryant-Booker 5340 Trimble Road Atlanta, Georgia 30342 404/843-7710 Georgia Association of Educators (Fulton County) NAACP (Atlanta Branch)
346. Martin C. Petersen Post Office Box 878 St. Marys, Georgia 31558 912/882-4241 Oilman Paper Company
347. B. Keith Melton 230 Peachtree Street, N.W., Suite 1810 Atlanta, Georgia 30303 404/658-7000 Atlanta Economic Development Corporation (AEDC)

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113

348. Jack Howard 995 Spring Street, S.W. Atlanta, Georgia 30303 404/529-2003 Norfolk Southern Corporation
349. Jean K. Alley 1362 West Peachtree Atlanta, Georgia 30309 (494)876-4624 Georgia Nurses Association
350. Mary Grambergs 148 International Boulevard, Suite 845 Atlanta, Georgia 30043 404/659-3430 Georgia Electric Membership Corporation
351. Robert L. Scott 115 Perimeter Center Place, Suite 415 Atlanta, Georgia 30346 404/668-1126 Lederle Laboratories
352. Louis A. Gerland, III 100 Galleria Parkway, Suite 800 Atlanta, Georgia 30339 404/951-7015 Atlanta Coke
353. Gary E. Jackson 401 West Peachtree Street, N.E., 1500 P'Tree Summit Building Atlanta, Georgia 30308 404/659-1320 Citizen
354. Robert R. King 600 West Peachtree Street, N.W., Suite 1500 Atlanta, Georgia 30308 404/873-4482 Georgia Hospitality Travel Association
355. Ron Byrd Route 9, Box 239A Ringgold, Georgia 30736 404/861-4261 Rorer Pharmaceuticals, Inc.
356. Herbert H. Mabry 501 Pulliam St., S.W. Atlanta, Georgia 30312 404/525-2793 Georgia AFL-CIO

357. Kenda L. Bartlett 565 Circle Drive Fayetteville, Georgia 30214 404/461-2323 Citizen
358. Jim Morrison 4019 Woburn Dr. Tucker, Georgia 30084 404/939-4753 Georgia Game & Fish Federation
359. Julian P. Harris, II 1729 East Rugby Avenue College Park, Georgia 30337 404/766-3257 Citizen
360. Elizabeth B. Duncan 660 Elkmont Drive, N.E. Atlanta, Georgia 30306 404/876-2943 Ordinary Citizen Georgia Environmental Project Sapiens Limited
361. Seth Vincent Chennault 32 Peachtree Street Atlanta, Georgia 30335 404/586-1574 Alston & Bird
362. Troy Wesley Woods 32 Peachtree Street Atlanta, Georgia 30335 404/586-7500 Alston & Bird
363. Bernard Shanley Dempsey, Jr. 777 Cleveland Avenue, Suite 202 Atlanta, Georgia 30315 404/761-5872 Clients of Ga. Legal Services Atlanta Legal Aide
364. Kelvin F. MacDonald 8270 Dawn Drive Jonesboro, Georgia 30236 404/454-7612 Georgia Right to Life Committee Inc.
365. Wm. Edward Twilley, Jr. Post Office Box 828 Rincon, Georgia 31326-0828 912/826-2111 Fort Howard Corporation
366. Guy Mosier 4948 Bridgeport Way Norcross, Georgia 30092 404/441-1499 E.I. DuPont

114

JOURNAL OF THE SENATE

367. Gregory Michael Brown 84 Peachtree Street, N.W. Atlanta, Georgia 30303 404/573-8722 Georgia Bar Association
368. Quinn Hudson 570 Fidelity Bank Building Decatur, Georgia 30030 404/378-5358 Clark-Kenith, Inc. Institute of Industrial Engineering Summit Development Corp. William Robb Group
369. Amos A. Plante Post Office Box 60626 New Orleans, La 70160-0626 (504)561-3712 Exxon Corporation
370. Gerald W. Bowling 1400 Peachtree Place Tower, 999 Peachtree Street, N.E. Atlanta, Georgia 30309 404/870-6482 Municipal Gas Authority of Georgia Municipal Electric Authority of Georgia
371. Brian R. Foster Post Office Box 4899 Atlanta, Georgia 30302-4899 404/581-4837 Citizens and Southern Corporation, The
372. Kathy Wheeler 3951 Snapfinger Parkway Decatur, Georgia 30035 404/289-5867 Georgia Association of Educators
373. Allison A. Wood 1199 South CNN Center Atlanta, Georgia 30303 404/688-9341 Ginn, Edington, Moore & Wade
374. Frank F. Molock Glover Street Marietta, Georgia 30060 404/427-9401 CWA Metro Retirees
375. Camellia A. Moore Post Office Box 3164 Atlanta, Georgia 30302 404/688-1002 Citizen

376. Connie B. Plunkett 1404 Spring Street Atlanta, Georgia 30117 404/873-4356 Georgia Citizens for the Arts
377. Milton Chaikin 1390 DeClair Drive Atlanta, Georgia 30329 404/636-1840 Georgia Alliance for the Mental 111
378. Karen S. Gillespie Post Office Box 16503 Atlanta, Georgia 30321 404/961-4540 Squibb U.S.
379. C.E. Scott Post Office Box 3161 Atlanta, Georgia 30302 404/924-8274 Citizen
380. Hank Midura 4257 Palm Springs Drive East Point, Georgia 30344 404/766-2624 Atlanta Chapter Alzheimers Disease & Related Disorders Assn.
381. Sheila Mallon 3522 Evans Ridge Trail Atlanta, Georgia 30340 404/938-0019 Georgia Right to Life
382. John M. Willis Post Office Box 5305 Atlanta, Georgia 30307 404/642-3108 Citizen Sevenanda Natural Foods Cooperative Grocery Georgia Women's Coalition for Medical Freedom, Inc. Georgian's for Safe Food
383. VOID
384. Randall M. Lipshutz 2300 Harris Tower-Ptree Center, 233 Peachtree Street, N.E. Atlanta, Georgia 30043 404/688-2300 Community Association InstituteGeorgia Chapter

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115

385. Betty Smith 1054 Ridgecrest Drive Smyrna, Georgia 30080 404/436-2910 Georgia Parent Teacher Association
386. Virginia Montes 250 Georgia Avenue, S.E. Atlanta, Georgia 30312 404/523-0896 Georgia Housing Coalition
387. Hannah M. Branton 2947 Greenbrookway, N.E. Atlanta, Georgia 30345 404/325-9199 Georgia Housing Coalition
388. Nevin Jones 3951 Snapfinger Parkway Decatur, Georgia 30035 404/289-5867 Georgia Association of Educators
389. Jack Drew Lake Harbin Road Morrow, Georgia 30260 404/961-2130 Clayton County Water Authority
390. John A. Williams, Jr. 1800 Peachtree Street, Suite 355 Atlanta, Georgia 30309 404/351-0388 Southeast Toyota Distributors Inc. Motorcycle Industry Council Hampton Associates Georgia Mountain Apple Growers Association United Properties Inc. Allied Construction Corporation Smith Barney, Upton, Harris, Inc. Ellijay-Gilmer Co. Water and Sewerage Authority
391. Robert H. Forry 1400 Candler Building Atlanta, Georgia 30043 404/658-8042 Troutman, Sanders, Lockerman & Ashmore
392. Bob L. Izlar Suite 1020, 40 Marietta Street, N.W. Atlanta, Georgia 30303-2806 404/522-0951 Georgia Forestry Association, Inc.

393. Mitchell Gwinn Box 28155 Atlanta, Georgia 30358-0155 404/952-0080 Georgia Casualty & Property Insurance Wholesalers Southern General Insurance Company
394. Wayne Reece Suite 355, 1800 Peachtree Street Atlanta, Georgia 30309 404/351-0388 Southeast Toyota Distributors, Inc. World Omni, Inc. Georgia Mountain Apple Growers Motorcycle Industry Council Hampton Associates Smith Barney JMIC Life Insurance Co. Tender Loving Care United Properties Allied Construction Corporation
395. John A. Blackmon 2400 First Atlanta Tower Atlanta, Georgia 30383 404/656-1800 Citicorp and its Affiliates Georgia Hospitality and Travel Association Atlanta Convention and Visitors Bureau Georgia Automobile Dealers Association U.S. Sprint Communications Co. Staley Continental, Inc.
396. Margo T. Smith 250 Georgia Avenue, Suite 344 Atlanta, Georgia 30312 404/524-3847 Georgia Network Against Domestic Violence
397. Mary G. Buckley 400 Perimeter Center Terraces, Suite 400 Atlanta, Georgia 30346 404/668-6341 MCI Telecommunications Corp.
398. Rachel B. Champagne 100 Edgewood Avenue, Room 128 Atlanta, Georgia 30303 404/527-7652 Metropolitan Atlanta Crime Commission Georgians for Victim Justice

116

JOURNAL OF THE SENATE

399. Helen P. Smith Post Office Box 2309 Savannah, Georgia 31404 912/944-4863 Georgians for Victim Justice, Inc.
400. VOID
401. Ronda D. Moody Post Office Box 2309 Savannah, Georgia 31402 912/944-4863 Georgians for Victim Justice, Inc.
402. Rosa L. Simmons Post Office Box 2309 Savannah, Georgia 31402 912/236-9240 Georgians for Victim Justice, Inc.
403. Deborah Coker Burk 500 DeKalb County Courthouse Decatur, Georgia 30030 404/371-2201 Georgians for Victim Justice, Inc. Georgia Network Against Domestic Violence
404. Rita Valenti Grady Memorial Hospital, Butler Street Atlanta, Ga 404/292-1219 Georgia Nurses Association
405. Horace White 4035 Northridge Way, Suite 7 Norcross, Georgia 30093 404/925-9995 Minority Opportunity Network, Inc.
406. Melvin T. Steely West Georgia College, History Department Carrollton, Georgia 30118 404/836-6508 American Association of University Professors
407. David B. Dillard 2139 Oak Hill Road Covington, Georgia 30209 404/787-4824 National Funeral Directors Association Winkinhoffer Limousine Service

408. Rebecca Coffee District Attorney's Office, 145 Johnson Avenue Fayetteville, Georgia 30214 404/228-9900 Georgians for Victim Justice, Inc. Victim Witness Assistance Program
409. Linda Russell 205 Aberdeen Drive Peachtree City, Georgia 30269 404/487-8515 Georgians for Victim Justice, Inc. Victim Witness Assistance Program
410. Bob Keen 1600 Gaslight Tower, 235 Peachtree Street Atlanta, Georgia 30303 404/688-3330 Health Insurance Association of America American Society of Landscape Architects--Ga. Chapter Georgia Society of Anesthesiologists American Society of Interior Designers MAG Mutual Insurance Company VSP of the Southeast Inc. Financial Life Insurance Company of Georgia Georgia Health Networks
411. James W. Strong 3607 Roxboro Road, N.E. Atlanta, Georgia 30326 404/237-7261 Fulton County Grand Jurors Association Citizen
412. Otis Outen 136 Marietta Street Atlanta, Georgia 30030 404/522-4696 NAACP (Atlanta Branch)
413. VOID
414. Elaine M. Wilson Hurt Buildling Atlanta, Georgia 30303 404/527-8733 Georgia State Bar
415. Paul L. Hanes 161 17th Street Atlanta, Georgia 30303 404/681-0400 Anheuser-Busch Companies, Inc.

FRIDAY, JANUARY 15, 1988

117

416. R. Brooks Payne 1100 Circle 75 Parkway, Suite 720 Atlanta, Georgia 30339 404/355-1155 Community Bankers Association of Georgia
417. Ellen A. Rhoades 3016 Lanier Drive Atlanta, Georgia 30319 404/237-6141 Auditory Education Center
418. Gary Blalack 1413 Wildwood Court Franklin, Tennessee 37064 615/790-6927 Glaxo Inc.
419. Rhonda Lorraine Pelfrey Rich's Town Center Mall Marietta, Ga 404/423-2785 Informed Health Care Association of Georgia
420. Lyn D. Paddrik 3015 Piedmont Road Atlanta, Georgia 30305 404/231-4292 Georgia Beer Wholesalers Association
421. Cecil S. Nash 2149 New London Place Snellville, Georgia 30278 404/972-6142 American Association of Retired Persons (AARP)
422. Donald Jackson Daniel Post Office Box 1334 Forsyth, Georgia 31029 404/994-1312 Georgia Health Care Association Helen Chamber of Commerce Agricultural Investment Management
423. VOID
424. Edmund C. Martin RFD 2 Box 242 Gainesville, Georgia 30506 404/887-7941 Georgia School Food Service Association Georgia Association of School Superintendents

425. G. L. Bowen, III (Roy) 50 Hurt Plaza, Suite 985 Atlanta, Georgia 30303 404/688-0555 Georgia Textile Manufacturers Association, Inc.
426. John M. Crane 188 Anderson Street, Suite 200 Marietta, Georgia 30060 404/422-1286 Cobb Municipal Association
427. Alfred T. Pitman 20 Marietta Street Atlanta, Georgia 30303 404/588-7121 Georgia Federal Bank
428. Grady Perry, Jr. 41 Marietta Street, Suite 507 Atlanta, Georgia 30303 404/577-7910 Georgia League & Savings Institution
429. Carol Williams Hatfield 2038 Surrey Lane Jonesboro, Georgia 30236 404/471-2289 Georgia Federation of Women's Clubs
430. Larry D. Lloyd 6666 Powers Ferry Road, Suite 366 Atlanta, Georgia 30339 404/953-9383 Health Field Group, Inc., The
431. Holly Bates 161 Spring Street, Suite 812 Atlanta, Georgia 30303 404/588-1707 Interstate Paper Dehart and Darr Morehouse School of Medicine Bates Associates
432. Mildred Walton 1176 Oakcrest Drive Atlanta, Georgia 30311 404/696-0001 Georgia Association of Elementary School Principals
433. Jerry McCollum 1936 Iris Drive, Suite G Conyers, Georgia 30207 404/929-3350 Georgia Wildlife Federation

118

JOURNAL OF THE SENATE

434. Doug Rithmire 1936 Iris Drive, Suite G Conyers, Georgia 30207 404/929-3350 Georgia Wildlife Federation
435. Frank Moore 3003 Butterfield Road Oak Brook, Illinois 60521 312/572-8870 Waste Management, Inc.
436. Ronald W. Hogan 2600 Delk Road Marietta, Georgia 30067 404/859-0800 Waste Management, Inc.
437. Pam Hughes 3326 N. Druid Hills Road Decatur, Georgia 30033 404/321-4463 DeKalb Junior League
438. Robert Shig Porter Post Office Box 23089 Savannah, Georgia 31403-3089 912/356-8760 Memorial Medical Center, Inc. Provident Health Services, Inc. Americare, Inc. (Home Health)
439. VOID
440. Ltc Joseph C. Barto, USA Ret 3229 Barkside Court Chamblee, Georgia 30341 404/457-2102 Retired Officers Association of Georgia, The
441. Hinson McAuliffe 55 Silverwood Road, N.E. Atlanta, Georgia 30342 404/255-0680 Georgia Council on Moral & Civic Concerns Georgia Baptist Convention
442. Joseph John Rogers Post Office Box 1496 Augusta, Georgia 30903 404/796-4100 Procter & Gamble Mfg. Company
443. Donald C. Colby, Pratt & Whitney Post Office Box 9903 Columbus, Georgia 31908 404/568-5547 United Technologies/Pratt & Whitney

444. The Reverend Harwood Bartlett 645 Spring Street, N.W. Atlanta, Georgia 30308 404/874-8722 Episcopal Diocese of Atlanta

445. McCracken Poston, Jr. Post Office Box 75 Ringgold, Georgia 30736 404/866-4459 Catoosa County Area Chamber of Commerce

446. John A. Helms 5780 Powers Ferry Road Atlanta, Georgia 30348 404/980-5662 Life Insurance Company of Georgia

447. John Phillip Ellington 13355 Providence Road Alpharetta, Georgia 30201 404/475-7003 Georgia State University (Criminal Justice Dept.)

448. Louella McGhee Robinson 711 Old Jesup Road Brunswick, Georgia 31520 912/264-8140 Glynn County Association of Educators

449. Regina H. Johnson 1800 Albany Street Brunswick, Georgia 31520 912/265-7941 Glynn County Association of Educators

450. Dorothy M. Pharr Glynn Middle School, George St. Brunswick, Georgia 31520 912/265-1111 Georgia Association of Educators Glynn County Association of Educators

451. Robert C. Boone

Post Office Box 1706

Atlanta, Georgia 30301

404/984-3010

Chevron U.S.A. Inc.

*

452. Lou B. Holdsworth 1617 Bryn Mawr Circle Marietta, Georgia 30068 404/973-4355 Mt. Bethel PTA-Elementary Dickerson Middle School PTSA

FRIDAY, JANUARY 15, 1988

119

453. Luke R. Lassiter 106 Pine Crest Drive Gumming, Georgia 30130 404/887-9605 National Association of Independent Insurers
454. Patrick D. McWhorter 100 Galleria Parkway Atlanta, Georgia 30339 404/955-5292 National Association of Independent Insurers
455. J. Emmett Henderson 2930 Flowers Road South, Suite 102 Atlanta, Georgia 30341 404/451-9361 Georgia Council on Moral & Civic Concerns
456. Deborah L. Sheppard 1083 Austin Avenue Atlanta, Georgia 30307 404/659-5675 Campaign for a Prosperous Georgia
457. Ben Barron Ross 9th Floor, Sears Building 675 Ponce de Leon Avenue Atlanta, Georgia 404/885-3982 Ross, Russell, Ellis, Bailey & Becker
458. James C. Thompson 1280 Winchester Park, Suite 131 Smyrna, Georgia 30080 404/432-0701 United Auto Workers Union

459. Gene Sanders 1280 Winchester Parkway, Suite 131 Smyrna, Georgia 30080 404/432-0701 United Auto Workers Union
460. Glenda S. Almand Coosa High School 4454 Alabama Road Rome, Georgia 30161 404/232-0146 Georgia School Counselors Association (GSCA)
461. O.J. Kinard Post Office Box 42555 Atlanta, Georgia 30311 404/758-3807 Step Forward Inc.-Labor/Mental Health
462. Betty Groepper 805 Peachtree Street, N.E. Atlanta, Georgia 30309 404/874-8683 Atlanta/Fulton League of Women Voters
463. Jim Kittrell 1590 Marietta Boulevard, N.W. Atlanta, Georgia 30318 404/350-5227 CSX Transportation
464. Earl T. Leonard, Jr. Post Office Drawer 1734 Atlanta, Georgia 30301 404/676-2622 Coca Cola Company, The

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 465 through 537, who have registered in the Docket of Legislative Appearance as of January 15, 1988, 3:00 p.m., in accordance with Georgia Law 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 22nd day of January, in the year of our Lord One Thousand Nine Hundred and Eighty-Eight and of the Independence of the United States of America the Two Hundred and Twelfth
/s/ Max Cleland Secretary of State.

(SEAL)

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465. Keith A. Meador 1800 Peachtree Street Suite 355 Atlanta, Georgia 30309 404/351-0388 Southeast Toyota Distributors, Inc. Motorcycle Industry Council, Inc.
466. John M. Cannon, President 1362 West Peachtree Street Atlanta, Georgia 30309 404/874-7351 Georgia Alliance for the Mentally 111
467. Joe E. Sloan 5730 Glenridge Drive Atlanta, Georgia 30328 404/257-3965 General Motors Corporation
468. Ronald F. Updyke 5730 Glenridge Drive Atlanta, Georgia 30328 404/257-3965 General Motors Corporation
469. Dr. Janie Smallwood 1105 E. College Street Bainbridge, Georgia 31717 912/246-7523 Professional Association of Georgia Educators Ga. Association of Curriculum & Instructional Supervision Georgia Association of Educational Leaders
470. VOID
471. Reuben H. Neely Bainbridge High School Annex 1304 East Evans Street Bainbridge, Georgia 31717 912/246-2710 Professional Association of Georgia Educators
472. Carl P. Johnson 100 Crescent Centre Parkway Suite 1260 Atlanta, Georgia 30084 404/493-8029 Phillip Morris USA
473. Paul Robertson 926 Sixth Avenue Albany, Georgia 31701 912/432-6519 Professional Association of Georgia Educators

474. Gary D. Yetter 8062 Eisenhower Parkway Lizella, Georgia 31052 912/935-2214 Professional Association of Georgia Educators
475. Lamar Scott 1050 Washington Highway Elberton, Georgia 30635 404/283-2834 Professional Association of Georgia Educators
476. Peggy Stewart 1308 Highland Avenue Dublin, Georgia 31021 912/272-5289 Professional Association of Georgia Educators
477. Thomas Perry Stewart 1308 Highland Avenue Dublin, Georgia 31021 912/272-5289 Professional Association of Georgia Educators
478. Joe B. Martin 310 North McDonough Street Decatur, Georgia 30030 404/377-6271 Professional Association of Georgia Educators
479. Joseph B. Boland S. Atlanta Road Smyrna, Georgia 30030 404/432-4166 Professional Association of Georgia Educators
480. VOID
481. Judy D. Lovell Post Office Box 61 Cleveland, Georgia 30528 404/865-3514 Professional Association of Georgia Educators Citizen

FRIDAY, JANUARY 15, 1988

121

482. Bruce E. Widner Post Office Box 88866 Atlanta, Georgia 30356 404/393-8625 Yancey Brothers Company Georgia Equipment Distributors Georgia Utility Contractors Association Conditioned Air Association of Georgia Georgia Drillers Association National Association of Canoe Liveries American Rental Association-Region III Wilmac Container Corporation Mrs. Kinsers Foods Georgia Lions Eye Bank-Emory United Engineering Georgia Osteopathic Medical Association
483. Linda P. Henderson Route 5 Cleveland, Georgia 30528 404/865-3514 Professional Association of Georgia Educators
484. Susan Beth Steffey 136 Elm Street Gumming, Georgia 30130 404/887-7740 Professional Association of Georgia Educators
485. Rita Truelove Gumming Elementary School 136 Elm Street Gumming, Georgia 30130 404/887-7749 Professional Association of Georgia Educators
486. Cindy Noles Cannon 136 Elm Street Gumming, Georgia 30130 404/887-7749 Professional Association of Georgia Educators
487. Judy C. Bradley 3700 B Market Street Clarkston, Georgia 30021 404/292-7243 Professional Association of Georgia Educators

488. William Greenhaw 3593 Overlook Avenue Macon, Georgia 31204 912/474-2212 Professional Association of Georgia Educators
489. Nancy Hayes Kitchens 709 Pierce Avenue Macon, Georgia 31210 912/745-7771 Professional Association of Georgia Educators
490. Brenda R. Gentry 906 School Street Perry, Georgia 31069 912/987-1313 Professional Association of Georgia Educators
491. Carol A. Broome 1725 Bill Murdock Road Marietta, Georgia 30062 404/973-3840 Professional Association of Georgia Educators
492. Jane Thomas 2989 Evans Woods Drive Atlanta, Georgia 30340 404/939-2484 Professional Association of Georgia Educators
493. Florence S. Flanders 1796 Briarlake Circle Decatur, Georgia 30033 404/325-4252 Professional Association of Georgia Educators
494. John Sides 160 Mclntosh Street Newnan, Georgia 30263 404/253-1310 Professional Association of Georgia Educators
495. Holmes Cunningham 8 Logwood Lane Newnan, Georgia 30265 404/253-9543 Professional Association of Georgia Educators

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496. Manson W. Steuart 786 Cleveland Avenue Atlanta, Georgia 30315 404/768-3600 Professional Association of Georgia Educators League of Independent Fulton Educators
497. Bobby J. Jaber 786 Cleveland Avenue Atlanta, Georgia 30315 404/768-3600 Professional Association of Georgia Educators League of Independent Fulton Educators
498. Rod Chatham 786 Cleveland Avenue, S.W. Atlanta, Georgia 30315 404/964-3344 Professional Association of Georgia Educators League of Independent Fulton Educators
499. VOID
500. Dr. Clyde F. Maxwell Route 2, Comer Road Lexington, Georgia 30648 404/743-8194 Professional Association of Georgia Educators
501. Graham Green 2329 Ava Place Decatur, Georgia 30033 Professional Association of Georgia Educators
502. Charlie L. Roberts, Jr. Arnold Junior High School 2011 51st Street Columbus, Georgia 31904 404/327-5155 Professional Association of Georgia Educators
503. Mildred Blackburn Evans Middle School Evans, Georgia 30809 404/863-2275 Professional Association of Georgia Educators

504. Susan Twilley Post Office Box COBB Marietta, Georgia 30065 404/980-2000 Cobb Chamber of Commerce
505. Mark D. Caudill Post Office Box 2563 Birmingham, Alabama 35202 205/325-7568 Sonat Inc.
506. David C. Weaver Post Office Box 2563 Birmingham, Alabama 35202 205/325-3518 Sonat Inc.
507. Ralph S. Turner 2773 N. Decatur Road Decatur, Georgia 30033 404/292-1551 DeKalb Grand Jurors Association
508. William F. Morie 4000 Cumberland Parkway Atlanta, Georgia 30339 404/432-1658 Georgia Automobile Dealers Association
509. James R. Davis 439 Cotton Avenue Macon, Georgia 31201 912/744-7672 Georgia Association of Assessing Officials
510. W. David Lane 584 Horse Ferry Road Lawrenceville, Georgia 30245 404/979-1783 Georgia Residential Child Care Association
511. Kyle Smith Post Office Box 130 Ringgold, Georgia 30736 404/935-2297 Catoosa County Schools Citizen
512. Lee R. Sims Post Office Box 130 Ringgold, Georgia 30736 404/935-2297 Catoosa County Schools Citizen

FRIDAY, JANUARY 15, 1988

123

513. Noreen J. Wedman 1099 Alta Avenue, N.E., #3 Atlanta, Georgia 30307 404/876-2407 National Organization for Women Ga. Chapter
514. H. Evonne Yancey 3355 Lenox Road, N.E. Atlanta, Georgia 30326 404/233-0555 Kaiser Permanente
515. Wilton Hill Post Office Box 158 Reidsville, Georgia 30453 912/557-4201 Georgia School Bus Drivers Association, Inc.
516. Lithangia S. Robinson 2880 Valley Heart Drive, N.W. Atlanta, Georgia 30318 404/691-8720 Georgia Retired Teachers Association American Association of Retired Persons
517. Vicki Triflro 265 Washington Street Atlanta, Georgia 30303 404/659-6236 Public Assistance Coalition National Organization of Women Ga. Chapter
518. Ed Deaton Post Office Box 8182 Columbus, Georgia 31908 404/322-3639 Muscogee Retired Cafeteria Workers
519. Coy R. Johnson 112 N. Main Street Cumming, Georgia 30130 404/887-7761 Lipscomb, Johnson, Miles & Ashway
520. Barbara Miller 100 Edgewood Avenue Suite 1010 Atlanta, Georgia 30303 404/522-8683 League of Women Voters of Georgia
521. H. Russell Gross 2045 Peachtree Road, N.E. Atlanta, Georgia 30309 404/351-5054 Voter Information Council

522. Ms. Zee Bradford 1422 W. Peachtree Street Suite 300 Atlanta, Georgia 30009 404/892-1434 CH2M Hill, Engineers, Planners, Economists, Scientists Turner Associates, Architects and Planners, Inc. Coca-Cola U.S.A. McDonalds National Conference of Black Mayors, Inc.
523. Marilyn N. Johnson 750 Commerce Drive Decatur, Georgia 30030 404/378-8000 DeKalb Chamber of Commerce
524. Barbara K. McGhee 693 Peyton Road Atlanta, Georgia 30311 404/522-4696 NAACP
525. Billy L. Adams 428 Academy Avenue Dublin, Georgia 31021 912/272-5400 Southeastern Farm & Power Equipment Association
526. Carolyn Burton Gregory 1362 West Peachtree Atlanta, Georgia 30309 404/874-7351 Georgia Alliance for the Mentally 111
527. Teresa Nelson 800 The Hurt Building 50 Hurt Plaza Atlanta, Georgia 30303 404/527-8733 State Bar of Georgia
528. William C. Ellis 1616 Piedmont Avenue, I-11 Atlanta, Georgia 30324 404/874-6915 Citizen
529. Frank Barron Thorpe Post Office Box 7776 Macon, Georgia 31209 912/474-1096 Georgia Association of Convenience Stores Georgia Wholesale Grocers Association

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530. Elizabeth Andrews 2668 E. McKinnon Drive Decatur, Georgia 30030-4535 404/371-0724 DeKalb County Board of Education
531. Shelley Rose 1404 Spring Street Atlanta, Georgia 30309 404/873-4356 Georgia Citizens for the Arts
532. Peggy Lehmberg 2610 Churchwell Lane Tucker, Georgia 30084 404/493-1334 Georgia Citizens for the Arts
533. Ray Muse 1003 Fred Drive Morrow, Georgia 30260 404/961-7980 Communication Workers of America Georgia PTA

534. William M. Blount, Jr. 284 Woodview Lane Smyrna, Georgia 30082 404/435-6611 American Massage Therapists Association
535. John A. Molnar 17 Executive Park Drive Atlanta, Georgia 30329 404/320-3560 Union Carbide Corporation
536. Jim Gabriel 3931 Peachtree Road, N.E. Atlanta, Georgia 30319 404/261-5059 American Massage Therapists Association Citizen
537. Rebecca Tate Gabriel 3931 Peachtree Road Atlanta, Georgia 30319 404/261-5059 American Massage Therapists Association Citizen

Serving as doctor of the day today was Dr. Robert G. Stephens of Athens, Georgia.

Senator Allgood of the 22nd moved that the Senate stand in recess until 5:00 o'clock P.M. at which time the Senate would stand adjourned pursuant to SR 260, adopted previ ously, until 10:00 o'clock A.M. on Monday, January 25, and the motion prevailed.

At 11:35 o'clock A.M., the President announced that the Senate would stand in recess until 5:00 o'clock P.M. at which time the Senate would stand adjourned pursuant to SR 260, adopted previously, until 10:00 o'clock A.M. on Monday, January 25.

MONDAY, JANUARY 25, 1988

125

Senate Chamber, Atlanta, Georgia Monday, January 25, 1988 Sixth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Ray of the 19th reported that the Journal of the proceedings of Friday, Janu ary 15, 1988, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following doctors served as doctors of the day during the time the General Assem bly was in recess:
January 19--Dr. Reginald Smith of Decatur, Georgia. January 20--Dr. Stephen Boyle of Conyers, Georgia. January 21--Dr. Fleming Jolley of Sea Island, Georgia. January 22--Dr. J.R.B. Hutchinson of Tucker, Georgia.
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 1223. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Pettit of the 19th, Robinson of the 96th and others: A bill to amend Code Section 28-4-3 of the Official Code of Georgia Annotated, relating to the Office of Legislative Counsel, so as to authorize the legislative counsel to provide compilation, editorial, and indexing services in connection with the publication of the Acts and resolutions of the General Assembly of Georgia by the Secretary of State.
HB 1226. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Pettit of the 19th, Robinson of the 96th and others: A bill to amend Code Section 16-12-100 of the Official Code of Georgia Anno tated, relating to sexual exploitation of children and sexually explicit conduct, so as to change the provisions relating to penalties.
HB 1229. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Pettit of the 19th, Robinson of the 96th and others: A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated.
HB 1242. By Representatives Shepard of the 71st, Mostiler of the 75th, Ware of the 77th and Meadows of the 91st: A bill to amend an Act entitled "An Act to create a board of commissioners of roads and revenue in the county of Coweta," so as to provide for a special elec-

126

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tion by the qualified voters of respective road districts to fill vacancies which shall occur on the board of commissioners.
HB 1275. 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 1186. By Representative Mobley of the 64th: A bill to amend an Act providing authority for members of the Board of Educa tion of Barrow County, so as to change the compensation of such members to the amount authorized by general law for members of boards of education.
HB 636. By Representatives Jamieson of the llth, Alford of the 57th, Moore of the 139th, Hasty of the 8th, Lane of the 27th and others: A bill to amend Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions applicable to contracts for public works, so as to require contractors to give bid bonds to the state, counties, municipal corporations, or any other public board or body thereof on certain bids for con tracts for the doing of any public work.
HB 733. By Representatives Redding of the 50th, Robinson of the 58th, Benn of the 38th, Clark of the 55th, McKinney of the 35th and others: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965", so as to require the Board of Directors of the Authority to meet with the local governing bodies which appoint members of the board.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 551. By Representative Hasty of the 8th: A resolution designating the Moore's Mill Bridge.
The House has agreed to the Senate substitute to the following resolution of the House:
HR 565. By Representatives Connell of the 87th, Padgett of the 86th, Walker of the 85th and others: A resolution commending the Medical College of Georgia.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 607. By Representatives Cox of the 141st and Long of the 142nd: A resolution commending the Bainbridge High School Bearcat Band.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 483. By Senator Timmons of the llth: A bill to amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to declare as ineligible for jury duty attorneys at law holding current active membership in the State Bar of Georgia.
Referred to Committee on Judiciary.

MONDAY, JANUARY 25, 1988

127

SB 484. By Senator Scott of the 2nd:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number "911" system, so as to provide that it shall be unlawful for any provider of any cellular radio telecommunications services to assess or charge any fee for an emergency tele phone call placed on a "911" emergency telephone system; to provide for applicability. Referred to Committee on Public Utilities.
SB 485. By Senators Olmstead of the 26th and Kidd of the 25th:
A bill 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 proce dures relating to the filling of vacancies in the offices of tax receiver, collector, or commissioner. Referred to Committee on Banking and Finance.
SB 486. By Senators Crumbley of the 17th and Barker of the 18th:
A bill to amend Code Section 21-5-30 of the Official Code of Georgia Annotated, relating to contributions made to a candidate or a campaign committee or for the recall of a public officer under the "Ethics in Government Act," so as to provide that a person acting on behalf of an insurer regulated by the Commissioner of Insurance shall not make, directly or indirectly, any contribution to a political campaign. Referred to Committee on Governmental Operations.
SB 487. By Senator Dawkins of the 45th:
A bill to amend Code Section 8-3-30 of the Official Code of Georgia Annotated, relating to general powers of housing authorities and the applicability of certain laws to housing authorities, so as to provide for penalties upon a willful failure or refusal to comply with a subpoena or notice to produce issued by an authority. Referred to Committee on Industry and Labor.
SB 488. By Senator Dawkins of the 45th:
A bill to amend Code Section 16-9-55 of the Official Code of Georgia Annotated, relating to fraudulently obtaining or attempting to obtain public housing or a reduction in public housing rent, so as to change certain penalties for unlawful acts. Referred to Committee on Industry and Labor.
SB 489. By Senator Dawkins of the 45th:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to the obstruction of public administration and related offenses, so as to declare unlawful the making of certain false statements or fraud ulent writings or the concealment of material facts in any matter within the juris diction of a political subdivision or any authority. Referred to Committee on Industry and Labor.
SB 490. By Senator Dawkins of the 45th:
A bill to amend Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions with respect to collection of debts through setoff of refunds from income taxes, so as to change the definition of the term "claimant agency". Referred to Committee on Industry and Labor.

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SB 491. By Senator Dawkins of the 45th:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to change certain penalty provi sions relating to the "Employment Security Law"; to make it unlawful for any person to establish a fictitious employing unit for the purpose of receiving unem ployment compensation benefits; to provide a penalty. Referred to Committee on Industry and Labor.
SB 492. By Senator Mine of the 52nd:
A bill to amend Chapter 3 of Title 5 of the Official Code of Georgia Annotated, relating to appeals to the superior court, so as to provide for trial by the court without a jury in appeals from inferior courts with the consent of both parties. Referred to Committee on Judiciary.
SB 493. By Senators Barnes of the 33rd, Olmstead of the 26th and Coverdell of the 40th:
A bill to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the parent and child relationship generally, so as to regulate surrogate parenting and the rights, responsibilities, and agreements relating thereto. Referred to Committee on Children and Youth.
SB 494. By Senator Barnes of the 33rd:
A bill to amend Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries, so as to provide that succeeding grand juries shall be furnished with written responses by county officers to presentments and recommendations of the immediately preceding grand jury; to provide for related matters. Referred to Committee on Special Judiciary.
SB 495. By Senator Barnes of the 33rd:
A bill to amend Code Section 34-9-11 of the Official Code of Georgia Annotated, relating to exclusivity of rights and remedies granted to employees and actions against third-party tort-feasors or other persons providing workers' compensation benefits, so as to provide that an employer or other person providing workers' compensation benefits shall receive credit for workers' compensation benefits paid to an employee under certain conditions. Referred to Committee on Special Judiciary.
SB 496. By Senator Barnes of the 33rd:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide that death or disability due to communicable diseases suffered by a firefighter, paramedic, or emergency medical technician shall be considered to be an occupational disease due to accident suffered in the line of duty unless competent evidence to the contrary is shown. Referred to Committee on Public Safety.
SB 497. By Senators Stumbaugh of the 55th, Crumbley of the 17th, Allgood of the 22nd and Deal of the 49th:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide for an insur ance consumer advocate to participate in certain rate filings; to provide for the appointment, qualifications, and compensation of the insurance consumer advo-

MONDAY, JANUARY 25, 1988

129

cate; to provide for annual review by committees of the Senate and the House of Representatives. Referred to Committee on Insurance.
SB 498. By Senator Kidd of the 25th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change a certain reference to Chapter 8 of said title; to amend and revise comprehensively the laws relating to adoption; to define certain terms; to change provisions relating to jurisdiction and venue of adoption proceedings; to change the provisions relating to who may adopt a child.
Referred to Committee on Children and Youth.
SB 499. By Senator Kidd of the 25th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, orthotists, etc., so as to change the composi tion of the Composite State Board of Medical Examiners; to provide for the com pensation, allowances, and expenses of the Physician's Assistants Advisory Committee.
Referred to Committee on Governmental Operations.
SB 500. By Senator Peevy of the 48th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions regarding penal institutions, so as to prohibit con struction of any jail, penal institution, or other correctional facility within a onemile radius of any public school in this state under certain circumstances; to pro vide an effective date. Referred to Committee on Corrections.
SB 501. By Senator Timmons of the llth:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relating to the board of trustees; to provide an effec tive date. Referred to Committee on Retirement.
SB 502. By Senator Bryant of the 3rd:
A bill to amend Code Section 52-2-9 of the Official Code of Georgia Annotated, relating to powers of the Georgia Ports Authority generally, so as to provide that the transfer of property from the Brunswick Port Authority to the Georgia Ports Authority shall not constitute an acquisition of property upon which a lien or encumbrance exists for certain purposes; to provide an effective date. Referred to Committee on Transportation.
SB 503. By Senator Bryant of the 3rd:
A bill to amend Part 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to submerged cultural resources, so as to provide that the Board of Natural Resources may provide by rule that certain submerged cultural resources are of no economic or cultural value and may be exempt from provi sions of this part.
Referred to Committee on Natural Resources.

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SB 504. By Senator Bryant of the 3rd:
A bill to authorize the Brunswick Port Authority, created by that Act of the General Assembly approved March 8, 1945, as amended, to assign, convey, grant, or otherwise transfer certain of its property, real, personal, tangible, intangible, or otherwise, to the Georgia Ports Authority (formerly State Ports Authority), created by Code Section 52-2-4 of the Official Code of Georgia Annotated.
Referred to Committee on Transportation.
The following bills and resolution of the House were read the first time and referred to committees:
HB 636. By Representatives Jamieson of the llth, Alford of the 57th, Moore of the 139th and others:
A bill to amend Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions applicable to contracts for public works, so as to require contractors to give bid bonds to the state, counties, municipal corporations, or any other public board or body thereof on certain bids for con tracts for the doing of any public work.
Referred to Committee on Urban and County Affairs (General).
HB 733. By Representatives Redding of the 50th, Robinson of the 58th, Benn of the 38th and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965", so as to require the Board of Directors of the Authority to meet with the local governing bodies which appoint members of the board.
Referred to Committee on Urban and County Affairs.
HB 1223. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th and others:
A bill to amend Code Section 28-4-3 of the Official Code of Georgia Annotated, relating to the Office of Legislative Counsel, so as to authorize the legislative counsel to provide compilation, editorial and indexing services in connection with the publication of the Acts and resolutions of the General Assembly of Georgia by the Secretary of State.
Referred to Committee on Judiciary.
HB 1226. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th and others:
A bill to amend Code Section 16-12-100 of the Official Code of Georgia Anno tated, relating to sexual exploitation of children and sexually explicit conduct, so as to change the provisions relating to penalties.
Referred to Committee on Children and Youth.
HB 1229. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th and others:
A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated.
Referred to Committee on Judiciary.

MONDAY, JANUARY 25, 1988

131

HB 1186. By Representative Mobley of the 64th: A bill to amend an Act providing authority for members of the Board of Educa tion of Barrow County, so as to change the compensation of such members to the amount authorized by general law for members of boards of education.
Referred to Committee on Urban and County Affairs.
HB 1242. By Representatives Shepard of the 71st, Mostiler of the 75th, Ware of the 77th and Meadows of the 91st: A bill to amend an Act entitled "An Act to create a board of commissioners of roads and revenue in the county of Coweta," so as to provide for a special elec tion by the qualified voters of respective road districts to fill vacancies which shall occur on the board of commissioners.
Referred to Committee on Urban and County Affairs.
HB 1275. 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.
HR 551. By Representative Hasty of the 8th: A resolution designating the Moore's Mill Bridge.
Referred to Committee on Transportation.
The following bills and resolution of the Senate were read the second time:
SB 409. By Senator Kidd of the 25th: A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change certain requirements and procedures regarding the filling of vacancies in the office of the judge of the probate court; to change the provisions relating to appointment of clerks by probate judges; the filling of vacancies in the office of county surveyor; the filling of vacancies in the office of coroner; the filling of vacancies in the offices of tax receiver, collector, or commissioner.
SB 411. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning probate courts, so as to es tablish The Council of Probate Court Judges of Georgia; to provide for officers and organization; to provide for the purpose of the council; to provide for expenses.
SB 412. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-30 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the probate courts, so as to provide the judge of the probate court of each county a copy of the Official Code of Georgia Annotated and annual supplements to such Code.
SB 413. By Senator Kidd of the 25th: A bill to amend Code Section 15-9-1.1 of the Official Code of Georgia Annotated, relating to required training courses for judges of the probate courts, so as to provide for the payment and reimbursement of expenses of required training in curred by each probate judge elect.

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SB 419. By Senators Broun of the 46th and Kidd of the 25th:
A bill to amend the Official Code of Georgia Annotated so as to remove the At torney General from being a member of certain commissions, committees, au thorities, boards, and other public bodies; to provide for a replacement member to such; to provide for related matters.
SB 435. By Senators Barnes of the 33rd, McKenzie of the 14th, Ray of the 19th and Johnson of the 47th:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, so as to provide for legis lative purpose and intent; to provide a definition; to provide, under certain cir cumstances, that certain records are not open to the public; to continue certain privileges and statutory exceptions.
SR 247. By Senators Broun of the 46th and Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to remove the Attorney General from the commission which reviews felony indictments against certain public officials and from the Georgia State Financing and Investment Commission and from the committee which prepares the official summary of all proposed constitutional amendments and to provide for a replacement member on such bodies; to provide for the submission of this amendment for ratification or rejection.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Barnes
Brannon Bryant
^U1rton C oolveemrdfe"l,l Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis
Harris Harnson
"inf . H"ugggmmSs Johnson Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Perry Phillips Ragan of I0th
Ragan of 32nd ^
Scott of 2nd ^ Sco^tt of 36th Shumake btarr Tate Taylor Timmons Turner Tysinger

Those not answering were Senators:

Bowen Broun (excused)

Howard Peevy

Stumbaugh Walker

Senator Hudgins of the 15th introduced the chaplain of the day, Chaplain Karen Diefendorf, chaplain of The School Brigade Chapel at Fort Benning, Georgia, who offered scrip ture reading and prayer.

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133

The following resolutions of the Senate and House were read and adopted:
SR 287. By Senator Timmons of the llth: A resolution commending the Southwest Georgia Academy Warriors football team.
Senator Timmons of the llth introduced the Southwest Georgia Academy Warriors football team and coaches including head coach Jimmy Sealy who briefly addressed the Senate.
SR 288. By Senators Scott of the 2nd and Coleman of the 1st: A resolution congratulating the First African Baptist Church of Savannah on its 200th anniversary.
SR 289. By Senators Tysinger of the 41st, Kidd of the 25th, Coleman of the 1st and Bur ton of the 5th: A resolution commending Dr. John Patrick Crecine.
SR 290. By Senator Foster of the 50th: A resolution commending Mr. Jon Toorchen for his creative painting, "The Courthouse Museum in Cleveland."
SR 291. By Senator Johnson of the 47th: A resolution recognizing and commending Dee Dowis.
SR 292. By Senator Ragan of the 10th: A resolution commending Ms. Renee Tootle.
SR 293. By Senator Broun of the 46th: A resolution commending Mr. Johnny Beckman and inviting him to appear before the Senate.
SR 294. By Senators Turner of the 8th, Crumbley of the 17th and Howard of the 42nd: A resolution commending the Georgia Citizens for the Arts.
SR 297. By Senator Foster of the 50th: A resolution expressing sympathy at the passing of Mable Thomas Scott.
HR 607. By Representatives Cox of the 141st and Long of the 142nd: A resolution commending the Bainbridge High School Bearcat Band.
Senator Foster of the 50th introduced Miss Heather Meeks, the 1987 Miss Georgia T.E.E.N. commended by SR 262, adopted previously, who briefly addressed the Senate.
SENATE CALENDAR Monday, January 25, 1988 SIXTH LEGISLATIVE DAY SB 401 Firearm--unlawful to discharge at moving vehicle (Amendment) (Pub Saf--25th) SB 417 Certain Athletic Events--Uniform Division provide security (Amendment) (Pub. Saf--46th)

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SB 248 Landlord--unlawful to suspend furnishing utilities (Substitute) (I&L--52nd) HB 1183 Supplementary Appropriations, 1987-88--provide (Approp--44th)

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

SB 401. By Senator Kidd of the 25th:
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 change the provisions relating to the crime of discharging a gun or pistol near a public highway or street; to make it unlawful for any person, without legal justification, to discharge a firearm at a moving vehicle which is traveling on a public highway or street.

The Senate Committee on Public Safety offered the following amendment:

Amend SB 401 by striking from Section 1 on line 27 of page 1 the word: "life",

and inserting in lieu thereof the following: "not less than one nor more than 20 years".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge English

Engram Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Dawkins

Garner Tate

Timmons

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

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135

The bill, having received the requisite constitutional majority, was passed as amended.
Senator Coleman of the 1st introduced the doctor of the day, Dr. James C. Metis, of Savannah, Georgia.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 417. By Senators Broun of the 46th and Kidd of the 25th: A bill to amend Code Section 35-2-33 of the Official Code of Georgia Annotated, relating to duties and responsibilities of the Uniform Division of the Department of Public Safety, so as to provide that the commissioner of public safety may, and upon the request of the Governor shall, authorize and direct the Uniform Division to provide certain transportation, escort, and security services in con nection with certain athletic events in the state.
Senator Kidd of the 25th offered the following amendment:
Amend SB 417 by adding after the first semicolon on line 13 of page 1 the following:
"to provide for indemnification with respect to death or permanent disability of such off-duty personnel;".
By adding immediately before the quotation mark on line 34 of page 2 the following:
"Notwithstanding the fact that the personnel involved in such travel are off duty, they shall be considered to be on duty while engaged in such travel for purposes only of Article 5 of Chapter 9 of Title 45 and shall be covered by the indemnification program provided for in said article in the same manner as if on duty. Notwithstanding anything to the contrary in Article 5 of Chapter 9 of Title 45, such personnel shall not be rendered ineligible for indemnification under said indemnification program by reason of receipt of any compensa tion for such travel or by reason of any insurance coverage or similar coverage afforded to such personnel from other sources."
Senator Kidd of the 25th asked unanimous consent to withdraw his amendment; the consent was granted, and the amendment was withdrawn.
Senator Kidd of the 25th offered the following substitute to SB 417:
A BILL
To be entitled an Act to amend Code Section 35-2-33 of the Official Code of Georgia Annotated, relating to duties and responsibilities of the Uniform Division of the Depart ment of Public Safety, so as to provide that the commissioner of public safety may, and upon the request of the Governor shall, authorize and direct the Uniform Division to pro vide certain services which are necessary to promote the safety of collegiate athletic teams and the general public; to provide for transportation, escort, and security services in connec tion with collegiate athletic events; to provide for personnel of the Uniform Division to be allowed to accompany athletic teams of institutions of the University System of Georgia traveling to athletic events inside or outside the state; to provide for reimbursement of the cost of such services to the Department of Public Safety; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 35-2-33 of the Official Code of Georgia Annotated, relating to duties and responsibilities of the Uniform Division of the Department of Public Safety, is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by adding after subsection (b) a new subsection (c) to read as follows:

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"(c) The commissioner may, and in the case of a request by the Governor shall, author ize and direct the Uniform Division to:
(1) Provide services which are necessary or appropriate to promote the safety of such athletic teams or the general public or both or to facilitate travel by such athletic teams or the general public or both;
(2) Provide security protection services, or transportation or escort services, or both to coaches, players, and referees and other officials in connection with collegiate athletic events when such security protection services, or transportation or escort services, or both are nec essary or appropriate to deter actual or potential threats to the safety of such individuals; and
(3) Allow personnel of the Uniform Division, while on duty and in uniform, to accom pany athletic teams of institutions of the University System of Georgia traveling to athletic events inside or outside the state and to make use of department vehicles for this purpose, provided that the department shall be reimbursed by the affected institution of the univer sity system for any expenses incurred by such personnel of the Uniform Division while car rying out such duties."
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 President announced that, pursuant to Senate Rule 143, consideration of the sub stitute and bill will be suspended until the next meeting day of the Senate, Tuesday, Janu ary 26.
The following general bill of the Senate, having been read the third time on February 19, 1987, and postponed until February 20, 1987, and final action suspended on February 20, 1987, pursuant to Senate Rule 143, and committed to the Senate Committee on Industry and Labor on January 11, 1988, and favorably reported by the committee, was put upon its passage:
SB 248. By Senator Hine of the 52nd:
A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide that it shall be unlawful for any landlord knowingly and willfully to suspend the furnishing of utilities to a tenant until the final disposition of any dispossessory proceeding by the landlord against such tenant; to provide for a definition; to provide for a penalty.
The Senate Committee on Industry and Labor offered the following substitute to SB 248:
A BILL
To be entitled an Act to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide that it shall be unlawful for any landlord knowingly and willfully to suspend the furnishing of utilities to a tenant until the final disposition of any dispossessory proceeding by the landlord against such tenant; to provide for a definition; to provide for a penalty; to provide for the payment into court of utility payments by a tenant during dispossessory proceedings; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to

MONDAY, JANUARY 25, 1988

137

landlord and tenant, is amended by adding a new Code section immediately following Code Section 44-7-14, to be designated Code Section 44-7-14.1, to read as follows:
"44-7-14.1. (a) As used in this Code section, the term 'utilities' means heat, light, and water service.
(b) It shall be unlawful for any landlord knowingly and willfully to suspend the furnish ing of utilities to a tenant until after the final disposition of any dispossessory proceeding by the landlord against such tenant.
(c) Any person who violates subsection (b) of this Code section shall, upon conviction, be assessed a fine not to exceed $500.00."
Section 2. Said chapter is further amended by striking in its entirety Code Section 44-7-54, relating to the payment of rent into court during dispossessory proceedings, and inserting in its place a new Code Section 44-7-54 to read as follows:
"44-7-54. (a) In any case where the issue of the right of possession cannot be finally determined within two weeks from the date of service of the copy of the summons and the copy of the affidavit, the tenant shall be required to pay into the registry of the trial court:
(1) All rent and utility payments which are the responsibility of the tenant which be come due after the issuance of the dispossessory warrant, said rent and utility payments to be paid as such become due. If the landlord and the tenant disagree as to the amount of rent, either or both of them may submit to the court any written rental contract for the purpose of establishing the amount of rent to be paid into the registry of the court. If the amount of rent is in controversy and no written rental agreement exists between the tenant and landlord, the court shall require the amount of rent to be a sum equal to the last previ ous rental payment made by the tenant and accepted by the landlord without written objec tion; and
(2) All rent and utility payments which are the responsibility of the tenant allegedly owed prior to the issuance of the dispossessory warrant; provided, however, that, in lieu of such payment, the tenant shall be allowed to submit to the court a receipt indicating that payment has been made to the landlord. In the event that the amount of rent is in contro versy, the court shall determine the amount of rent to be paid into court in the same man ner as provided in paragraph (1) of this subsection.
(b) If the tenant should fail to make any payment as it becomes due pursuant to para graph (1) or (2) of subsection (a) of this Code section, the court shall issue a writ of posses sion and the landlord shall be placed in full possession of the premises by the sheriff, the deputy, or the constable.
(c) The court shall order the clerk of the court to pay to the landlord the payments claimed under the rental contracts paid into the registry of the court as said payments are made; provided, however, that, if the tenant claims that he is entitled to all or any part of the funds and such claim is an issue of controversy in the litigation, the court shall order the clerk to pay to the landlord without delay only that portion of the funds to which the tenant has made no claim in the proceedings or may make such other order as is appropriate under the circumstances. That part of the funds which is a matter of controversy in the litigation shall remain in the registry of the court until a final determination of the issues."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, 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:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon
BC,-, ou,lretomnan Coverdell Crumbley
Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Harrison
HTHTuomgwegairnds, Johnson Kennedy
Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd
SoSuchoutmt aok,fe36th
^tarr u , Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun (excused)

Hudgins

Ray

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

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

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

HB 1183. By Representatives McDonald of the 12th and Murphy of the 18th:
A bill to provide supplementary appropriations to the Department of Medical Assistance for the remainder of the State Fiscal Year ending June 30, 1988, for the payment of provider claims chargeable to the State Fiscal Year 1987.
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 Allgood Baldwin Barker Bowen
Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins

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

Huggins Johnson Kennedy Kidd Land
Langford McGill McKenzie Newbill Olmstead Peevy Perry

MONDAY, JANUARY 25, 1988

139

Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th

Shumake Starr Stumbaugh Tate

Taylor Turner Tysinger Walker

Those not voting were Senators:

Barnes Broun (excused) Deal

Garner Hudgins

Ray Timmons

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

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

Senator Starr of the 44th moved that HB 1183 be immediately transmitted to the House.

On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 1183 was imme diately transmitted to the House.

The following communication was read by the Secretary:
OFFICE OF LIEUTENANT GOVERNOR 240 STATE CAPITOL
ATLANTA, GEORGIA 30334
January 15, 1988
Mr. Hamilton McWhorter Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Hamilton:
Effective the above date, I am creating a Subcommittee on AIDS under the standing Committee on Human Resources and am appointing the following-named Senators to serve on this Subcommittee: Honorable Ed Hine, Chairman; Honorable Culver Kidd and Honor able Arthur Langford.
Sincerely,
Is,/ Zell Miller

Senator Phillips of the 9th gave notice that, at the proper time, he would move to dis agree with the committee report which was adverse to the passage of 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.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 11:10 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Tuesday, January 26, 1988 Seventh Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1286. By Representative Godbee of the 110th: A bill to provide a new charter for the City of Millen.
HB 1300. By Representative Porter of the 119th: A bill to amend an Act providing a new charter for the City of Dublin, so as to change the provisions relating to public utilities.
HB 1323. By Representatives Pannell of the 122nd, Hamilton of the 124th, Alien of the 127th, Johnson of the 123rd, Triplett of the 128th and others: A bill to create the Chatham-Savannah Youth Futures Authority.
HB 1249. By Representatives Porter of the 119th, Thomas of the 69th and Williams of the 48th: A bill to amend Code Section 8-3-30 of the Official Code of Georgia Annotated, relating to general powers of housing authorities and the applicability of certain laws to housing authorities, so as to provide for penalties upon a willful failure or refusal to comply with a subpoena or notice to produce issued by an authority.
HB 703. By Representative Johnson of the 72nd: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide a new retirement system for court officials of Geor gia; to provide for a short title.
HB 1251. By Representatives Porter of the 119th, Thomas of the 69th, Lawson of the 9th and Chambless of the 133rd: A bill to amend Article 6 of Title 53 of the Official Code of Georgia Annotated, relating to commissions and allowances of administrators and executors, so as to change the provisions relating to commissions on debts, legacies, or distributive shares paid to the administrators or executors.

TUESDAY, JANUARY 26, 1988

141

The House has disagreed to the Senate amendment to the following bill 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.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 632. By Representatives Shepard of the 71st, Wood of the 9th, Galer of the 97th, Bailey of the 72nd and Gresham of the 21st: A resolution urging the United States Congress to initiate an effort to secure the return of American prisoners of war still held captive in Southeast Asia.
HR 648. By Representative Wilson of the 20th: A resolution commending health care volunteers and recognizing February 4, 1988, as "Hospital Volunteer Day" in the State of Georgia.
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 276. By Senator Kidd of the 25th: A resolution relative to the "Good Eating in Georgia" menu.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 505. By Senator Kidd of the 25th: 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 Georgia College.
Referred to Committee on Transportation.
SB 506. By Senator McKenzie of the 14th: A bill to repeal an Act establishing the State Court of Macon County, as amended, so as to abolish the State Court of Macon County; to provide for the transfer of all pending civil and criminal cases to the Superior Court of Macon County; to provide for the disposition of all suits, cases, papers, processes, books, indexes, and all other matters and materials of said court.
Referred to Committee on Urban and County Affairs.
SB 507. By Senator McKenzie of the 14th: A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collec tor of Schley County and establishing the office of Tax Commissioner of Schley County, as amended, so as to change the method of compensation of the tax commissioner; to provide an effective date.
Referred to Committee on Urban and County Affairs.

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SB 508. By Senator Kidd of the 25th:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters for elections generally, so as to pro vide that each principal or assistant principal of every public or private high school and the director of each area vocational school may register to vote per sons employed by the school system. Referred to Committee on Governmental Operations.
SB 509. By Senator Tysinger of the 41st:
A bill to amend Code Section 36-81-5 of the Official Code of Georgia Annotated, relating to proposed budgets of local governments, so as to require proposed budgets to show the percentage of increase or decrease from the current year's budget; to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation, so as to provide that counties and boards of education shall not fix the mill rate of the taxes to be levied by or for them. Referred to Committee on Banking and Finance.
SB 510. By Senator Allgood of the 22nd:
A bill to amend Code Section 44-13-100 of the Official Code of Georgia Anno tated, relating to property which may be exempted by debtors who are natural persons for purposes of bankruptcy, so as to provide an exemption for certain funds or property held on behalf of debtors under certain public retirement and pension plans and systems; to provide for related matters. Referred to Committee on Judiciary.
SB 511. By Senator Burton of the 5th:
A bill to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to make it unlawful to possess, manufacture, sell, or distribute false identification documents; to provide definitions; to provide penalties. Referred to Committee on Judiciary.
SB 512. By Senator Barnes of the 33rd:
A bill to amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to operators of billiard rooms, so as to change the provisions relating to applicability of chapter to counties or municipalities having a population of 100,000 or more; to provide an effective date. Referred to Committee on Urban and County Affairs (General).
SB 513. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to provide that hearing im paired persons shall have the right to serve as jurors; to provide that hearing impaired persons selected to serve as jurors shall be provided with qualified in terpreters and intermediary interpreters, if necessary. Referred to Committee on Special Judiciary.
SB 514. By Senator Barnes of the 33rd:
A bill to amend Code Section 40-3-24 of the Official Code of Georgia Annotated, relating to issuance of certificate of title, maintenance of record of certificates issued, and public inspection, so as to provide that certain individuals or their

TUESDAY, JANUARY 26, 1988

143

authorized agents or representatives shall be allowed to inspect the records of any individual or company involved in an accident. Referred to Committee on Special Judiciary.
SB 515. By Senator Barnes of the 33rd:
A bill to amend Code Section 20-2-311 of the Official Code of Georgia Annotated, relating to the State Board of Postsecondary Vocational Education, so as to pro vide that the board shall provide for the training of nursing home assistants; to provide for definitions; to provide for powers and duties of the State Board of Postsecondary Vocational Education. Referred to Committee on Education.
SB 516. By Senator Barnes of the 33rd:
A bill to amend Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to compensation of court bailiffs, so as to change the provisions relative to such compensation. Referred to Committee on Special Judiciary.
SB 517. By Senator Barnes of the 33rd:
A bill to amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of driver's license of a habitually negligent, incompetent, or dangerous driver and the assessment of points under the point system, so as to authorize the Department of Public Safety to issue a probation ary license to certain persons under certain conditions; to provide for related matters. Referred to Committee on Special Judiciary.
SB 518. By Senators Gillis of the 20th, Ray of the 19th and Kennedy of the 4th:
A bill to amend Code Section 12-8-122 of the Official Code of Georgia Annotated, relating to the Southeast Interstate Low-Level Radioactive Waste Management Compact, so as to set forth the conditions upon which a party state may with draw from the compact without the unanimous approval of the other party states and the consent of Congress. Referred to Committee on Natural Resources.
SB 519. By Senator Engram of the 34th:
A bill to amend Article 1 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation pursuant to the application by all landowners, so as to require all municipal corporations annexing territory pursuant to the application of all landowners to conduct a public hearing upon the question of annexation; to provide an effective date. Referred to Committee on Urban and County Affairs (General).
SB 520. By Senators Barnes of the 33rd, Fincher of the 54th, Dawkins of the 45th and Harris of the 27th:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length limitations for vehicles and loads, so as to increase the maxi mum overall length of vehicles and semitrailers authorized; to provide limita tions; to provide a definition; to provide that the semitrailer shall be equipped with a rear underride guard; to provide for related matters. Referred to Committee on Transportation.

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SB 521. By Senators Coverdell of the 40th, Howard of the 42nd, Land of the 16th and Hine of the 52nd: A bill to amend Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the membership of the State Transportation Board and the manner of selecting such members, so as to provide that the election of members of the board by members of the General Assembly whose respective districts lie wholly or partly within congressional districts shall be by roll call vote and that the vote shall be recorded.
Referred to Committee on Transportation.
SB 522. By Senator Engram of the 34th: A bill to amend an Act incorporating the City of Fairburn, as amended, so as to annex certain property into the corporate limits of said city.
Referred to Committee on Urban and County Affairs.
SB 523. By Senator Engram of the 34th: A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, orthotists, etc., so as to create the position of medical consumer advocate; to provide for appointment, qualifications, compen sation, and reimbursement for expenses; to provide for certain restrictions; to provide for annual written reports.
Referred to Committee on Human Resources.
SR 295. By Senators Turner of the 8th, Harris of the 27th, Tate of the 38th and others: A resolution urging Congress to take action extending the date for issuing Mort gage Revenue Bonds.
Referred to Committee on Banking and Finance.
SR 296. By Senator Coverdell of the 40th: A resolution relative to preserving the apartment house home of Margaret Mitchell where the world famous novel "Gone With the Wind" was written.
Referred to Committee on Natural Resources.
SR 298. By Senators Foster of the 50th and Deal of the 49th: A resolution encouraging the Professional Practices Commission to create and adopt a code of ethics for the education profession.
Referred to Committee on Education.
SR 300. By Senators Crumbley of the 17th, Barnes of the 33rd, Garner of the 30th and Starr of the 44th: A resolution creating the Commission on Criminal Sanctions and Correctional Facilities.
Referred to Committee on Corrections.
SR 301. By Senator Allgood of the 22nd: A resolution designating the Georgia State University College of Law Library in cooperation with the Special Collections Department of the Georgia State Uni versity library, as the official depository for personal legislative records and pa pers of members of the General Assembly.
Referred to Committee on Judiciary.

TUESDAY, JANUARY 26, 1988

145

The following bills of the House were read the first time and referred to committees:
HB 703. By Representative Johnson of the 72nd: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide a new retirement system for court officials of Geor gia; to provide for a short title.
Referred to Committee on Retirement.
HB 1249. By Representatives Porter of the 119th, Thomas of the 69th and Williams of the 48th: A bill to amend Code Section 8-3-30 of the Official Code of Georgia Annotated, relating to general powers of housing authorities and the applicability of certain laws to housing authorities, so as to provide for penalties upon a willful failure or refusal to comply with a subpoena or notice to produce issued by an authority.
Referred to Committee on Judiciary.
HB 1251. By Representatives Porter of the 119th, Thomas of the 69th, Lawson of the 9th and Chambless of the 133rd: A bill to amend Article 6 of Title 53 of the Official Code of Georgia Annotated, relating to commissions and allowances of administrators and executors, so as to change the provisions relating to commissions on debts, legacies, or distributive shares paid to the administrators or executors.
Referred to Committee on Judiciary.
HB 1286. By Representative Godbee of the 110th: A bill to provide a new charter for the City of Millen.
Referred to Committee on Urban and County Affairs.
HB 1300. By Representative Porter of the 119th: A bill to amend an Act providing a new charter for the City of Dublin, so as to change the provisions relating to public utilities.
Referred to Committee on Urban and County Affairs.
HB 1323. By Representatives Pannell of the 122nd, Hamilton of the 124th, Alien of the 127th, Johnson of the 123rd and others: A bill to create the Chatham-Savannah Youth Futures 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 bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 440. Do pass by substitute. SB 441. Do pass by substitute.
Respectfully submitted, Senator McGill of the 24th District, Chairman

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Mr. President:
The Committee on Banking and Finance 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 778. Do pass. Respectfully submitted, Senator Hudgins of the 15th District, Chairman
Mr. President:
The Committee on Children and Youth has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 421. Do pass. SB 422. Do pass by substitute.
Respectfully submitted, Senator Barker of the 18th District, Chairman
Mr. President:
The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 334. Do pass by substitute. HB 598. Do pass by substitute.
Respectfully submitted, Senator Deal of the 49th District, Chairman
Mr. President:
The Committee on Natural Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 449. Do pass. Respectfully submitted, Senator Gillis of the 20th District, Chairman
Mr. President:
The Committee on Public Utilities has had under consideration the following resolu tions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 277. Do pass. SR 278. Do pass as amended. SR 282. Do pass.
Respectfully submitted, Senator Scott of the 2nd District, Chairman

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147

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 1157. Do pass. HB 1194. Do pass.

HB 1205. Do pass. HB 1275. Do pass. Respectfully submitted, Senator Turner of the 8th District, Chairman

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

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English

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

Newbill Olmstead Peevy Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Not answering were Senators Broun (excused) and Perry.

Senator Foster of the 50th introduced the chaplain of the day, Reverend Mark Weaver, pastor of the First Baptist Church, Cornelia, Georgia, who offered scripture reading and prayer.

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

SR 299. By Senator Olmstead of the 26th: A resolution commending Mr. Arnold W. Cotton.

SR 303. By Senators Gillis of the 20th, English of the 21st, Starr of the 44th and others: A resolution commending the Georgia Recreation and Park Society.

HR 632. By Representatives Shepard of the 71st, Wood of the 9th, Galer of the 97th and others:
A resolution urging the United States Congress to initiate an effort to secure the return of American prisoners of war still held captive in Southeast Asia.

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HR 648. By Representative Wilson of the 20th:
A resolution commending health care volunteers and recognizing February 4, 1988, as "Hospital Volunteer Day" in the State of Georgia.
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.
Senator Kidd of the 25th moved that the following bill of the Senate be withdrawn from the Senate Committee on Banking and Finance and committed to the Senate Commit tee on Governmental Operations:
SB 485. By Senators Olmstead of the 26th and Kidd of the 25th:
A bill 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 proce dures relating to the filling of vacancies in the offices of tax receiver, collector, or commissioner.
On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 485 was with drawn from the Senate Committee on Banking and Finance and committed to the Senate Committee on Governmental Operations.
The President resumed the Chair.
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Tuesday, January 26, 1988
SEVENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 1157 Echols, 6th Charlton County
Provides for election of members of Board of Education; provides for election of members from districts by the residents of such districts.
HB 1194 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th Newbill, 56th Fulton County
Burton, 5th Tysinger, 41st Howard, 42nd Walker, 43rd Stumbaugh, 55th DeKalb County

TUESDAY, JANUARY 26, 1988

149

Starr, 44th Crumbley, 17th Clayton County
Peevy, 48th Phillips, 9th Gwinnett County
Provides for use of the Metropolitan Atlanta Rapid Transit Authority's avail able revenues to construct, complete, and operate rapid transit projects be yond Phase A, B, and C of the rapid transit system.

HB 1205 McKenzie, 14th Sumter County
Provides that vehicles shall be registered and licensed to operate for the en suing calendar year and thereafter in county during designated registration periods.

HB 1275 Foster, 50th White County
Recreates the Board of Commissioners of county to consist of a chairman and two other members.

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 Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Hudgins

Peevy

Timmons

On the passage of all the local bills, the yeas were 52, nays 0.

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

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Senator Tysinger of the 41st introduced Dr. Henry Clark Bourne, Jr., who was com mended by SR 268, adopted previously, for outstanding service to the Georgia Institute of Technology as Acting President following the late Dr. Pettit, and he briefly addressed the Senate.
Senator Coleman of the 1st introduced Dr. John Patrick Crecine, the new President of the Georgia Institute of Technology, having been commended by SR 289, adopted previ ously, and he briefly addressed the Senate.
Senator Coverdell of the 40th introduced the doctor of the day, Dr. Joy Maxey, of At lanta, Georgia.
SENATE CALENDAR
Tuesday, January 26, 1988
SEVENTH LEGISLATIVE DAY
HB 516 Alcoholic Beverages--prohibit certain sexual conduct on premises where sold (C Aff--9th)
Bill placed on calendar for the purpose of entertaining a motion to disagree with the report of the committee which was unfavorable to the passage of the bill. SB 417 Certain Athletic Events--Uniform Division provide security (Substitute) (Pub Saf--25th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.) SB 409 Probate Court Judge--filling vacancies (Gov Op--25th) SB 411 The Council of Probate Court Judges of Georgia--establish (Gov Op--25th) SB 412 Probate Court Judges--furnish copy of Official Code of Georgia Annotated (Gov Op--25th)
SB 413 Probate Court Judges--required training expense reimbursement (Gov Op--25th)
SB 419 Attorney General--remove from being on certain commissions, boards (Amend ment) (Gov Op--25th)
SB 435 Public Records--certain records not open to public (Substitute) (Gov Op--33rd) SR 247 Attorney General--remove from certain commissions (Substitute) (Gov
Op--25th)
Senator Phillips of the 9th moved that the Senate disagree with the committee report which was adverse to the passage of 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 President put the motion, "Shall the committee report which was adverse to the passage of HB 516 be agreed to?"
On the motion, the President ordered a roll call, and the vote was as follows:

TUESDAY, JANUARY 26, 1988

151

Those voting in the affirmative were Senators:

Albert AUgood Bowen Cf~, oileman Dawkins Dean
English

Harris Hine Hudgins TKi. di di Langford Olmstead
Ragan of 10th

Scott of 2nd Scott of 36th Shumake
oiiuuiclii.t?
late Timmons Walker

Those voting in the negative were Senators:

Baldwin Barker Barnes Brannon B/y^t Burton Coverdell Crumbley Deal
Echols
Edge
Engram

Fincher Foster Garner Gillis Harrison Howard Huggins Johnson Kennedy
Land
McGill
McKenzie

Newbill Peevy Perry Phillips R rf 32nd P
htarr Stumbaugh Taylor Turner Tysinger

Not voting was Senator Broun (excused)
On the motion, the yeas were 20, nays 35; the motion was lost, and the committee report which was adverse to the passage of HB 516 was disagreed to.

The following general bill of the Senate, having been read the third time on January 25, 1988, and action suspended until today, pursuant to Senate Rule 143, was put upon its passage:

SB 417. By Senators Broun of the 46th and Kidd of the 25th:
A bill to amend Code Section 35-2-33 of the Official Code of Georgia Annotated, relating to duties and responsibilities of the Uniform Division of the Department of Public Safety, so as to provide that the commissioner of public safety may, and upon the request of the Governor shall, authorize and direct the Uniform Division to provide certain transportation, escort, and security services in con nection with certain athletic events in the state.

The substitute to SB 417 offered by Senator Kidd of the 25th on January 25, and adopted as it appears in the Journal of January 25, was automatically reconsidered and put upon its adoption.

On the adoption of the substitute to SB 417 offered by Senator Kidd of the 25th, the yeas were 39, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bowen Brannon Bryant Burton

Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis

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Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land

Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd

Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Walker

Voting in the negative was Senator Albert.

Those not voting were Senators:

Barnes Broun (excused)

Timmons

Tysinger

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

SB 409. By Senator Kidd of the 25th:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change certain requirements and procedures regarding the filling of vacancies in the office of the judge of the probate court; to change the provisions relating to appointment of clerks by probate judges; the filling of vacancies in the office of county surveyor; the filling of vacancies in the office of coroner; the filling of vacancies in the offices of tax receiver, collector, or commissioner.

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

On the passage of the 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
CnBouyvr?teonrndtell Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Harris Harrison Hine
u"Houuwggal.rnds Johnson Kennedy Kidd Land McKenzie Newbill Olmstead

Peevy Perry Phillips
Ragan of 10th
Ragan of 32nd Ray Scott of 2nd

Sc^tc. aortrt

of

36th .

Stumbaugh

Tate

Taylor

Timmons

Turner

Tysinger

Walker

TUESDAY, JANUARY 26, 1988

153

Those not voting were Senators:

Broun (excused) Coleman Gillis

Hudgins Langford

McGill Shumake

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

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

SB 411. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning probate courts, so as to es tablish The Council of Probate Court Judges of Georgia; to provide for officers and organization; to provide for the purpose of the council; to provide for expenses.

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

On the passage of the 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 English Engrain Fincher Foster Garner Gillis Harris Harrison Howard Huggins Kennedy Kidd Land

McKenzie Newbill Peevy Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Turner Tysinger

Those not voting were Senators:

Bowen Broun (excused) Coleman Hine Hudgins

Johnson Langford McGill Olmstead Perry

Shumake Taylor Timmons Walker

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

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

SB 412. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-30 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the probate courts, so as to

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provide the judge of the probate court of each county a copy of the Official Code of Georgia Annotated and annual supplements to such Code.

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

On the passage 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
^Bruyrftonnt CDrauwmkbinles y
Deal Dean Echols Edge Engram Fincher

Foster Garner Gillis Harris Harrison Hine
"Hud7girnds JHouhgngsionns
Kennedy Kidd Land Langford McKenzie Newbill

Peevy Perry Phillips Ragan of loth Ragan of 32nd R
So.ctt of 36th S0 t, uamrr' baugh,
late Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Broun (excused) Coleman

Coverdell English McGill

Olmstead Scott of 2nd Shumake

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

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

The following resolution of the Senate was read and adopted:

SR 302. By Senator Hudgins of the 15th:
A resolution commending the outstanding young women of Georgia who have earned the "Girl Scout Gold Award".

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

SB 413. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-1.1 of the Official Code of Georgia Annotated, relating to required training courses for judges of the probate courts, so as to provide for the payment and reimbursement of expenses of required training in curred by each probate judge elect.

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

TUESDAY, JANUARY 26, 1988

155

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen B/annon B^f l BCouvrteorndell
Crumbley Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Garner Gillis Harrison Hine Howard HMuudgggiinnss
Kennedy Kidd Land Langford McGill Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd gcott of 36th o^huumak, e
, Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Voting in the negative was Senator Baldwin.

Those not voting were Senators:

Broun (excused) Coleman

Harris Johnson

McKenzie

On the passage of the bill, the yeas were 50, nays 1.

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

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

SB 419. By Senators Broun of the 46th and Kidd of the 25th:
A bill to amend the Official Code of Georgia Annotated so as to remove the At torney General from being a member of certain commissions, committees, au thorities, boards, and other public bodies; to provide for a replacement member to such; to provide for related matters.

Senator Kidd of the 25th offered the following amendment:

Amend SB 419 by adding in Section 2 on line 8 of page 38, between the word "by" and the word "the", the following:
"an appointee of the Governor who is not".

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

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

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon BBuryrtaonnt
CCoruvmerbdleelyl
Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harrison ine HHouwdgairnds
HKuidgdgins
Land McGill McKenzie Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd ^av Scott of 2nd Scott of 36th Sbhhuummaakkee
^SttauTMmbaugh,
Tate Tavlor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Coleman

Harris Johnson

Kennedy (presiding) Langford

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

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

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

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.

Senator Turner of the 8th moved that the Senate recede from the Senate amendment to HB 172.

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 Burton Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Garner Gillis Harris Harrison Howard Hudgins Huggins

Kidd Land McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd

TUESDAY, JANUARY 26, 1988

157

Scott of 36th Shumake Starr Stumbaugh

Tate Taylor Timmons

Voting in the negative was Senator Hine.

Those not voting were Senators:

Broun (excused) Bryant

Coleman Johnson

Turner Tysinger Walker
Kennedy (presiding) Langford

On the motion, the yeas were 49, nays 1; the motion prevailed, and the Senate receded from the Senate amendment to HB 172.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 435. By Senators Barnes of the 33rd, McKenzie of the 14th, Ray of the 19th and Johnson of the 47th:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, so as to provide for legis lative purpose and intent; to provide a definition; to provide, under certain cir cumstances, that certain records are not open to the public; to continue certain privileges and statutory exceptions.
The Senate Committee on Governmental Operations offered the following substitute to SB 435:
A BILL
To be entitled an Act to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, so as to provide for legis lative purpose and intent; to provide a definition; to provide, under certain circumstances, that certain records are not open to the public; to continue certain privileges and statutory exceptions; to provide for copying fees and costs; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, is amended by striking Code Section 50-18-70, relating to inspection of records, generally, and inserting in lieu thereof a new Code section to read as follows:
"50-18-70. (a) The public's right of access to records pertaining to the responsibilities of government and the individual's right of dignity and privacy are both recognized to be prin ciples of utmost importance in a free society. The General Assembly declares that it is the public policy of this state that all persons are entitled to full and complete information regarding the affairs of their government and the official acts of those who represent them but with due regard to the public interest in the protection of the individual from disclosure of information which would constitute an unwarranted invasion of personal privacy or an infringement of the individual's constitutional rights.
(b) As used in this article, the term 'public record' shall mean all documents, papers, letters, maps, books, tapes, photographs, or any other material regardless of physical form or characteristic prepared and maintained or received in the course of operation of a public office or agency or filed with or admitted into evidence by any court of this state.

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(c) All state, county, and municipal records, except those which by order of a court of this state or by law are prohibited from being open to inspection by the general public, shall be open for a personal inspection by any citizen of this state at a reasonable time and place; and those in charge of such records shall not refuse this privilege to any citizen.
(d) The individual in control of such public record or records shall have a reasonable amount of time to determine whether or not the record or records requested are subject to access under this article. In no event shall this time exceed three business days."
Section 2. Said article is further amended by striking Code Section 50-18-71, relating to copies of public records, and inserting in lieu thereof a new Code section to read as follows:
"50-18-71. (a) In all cases where an interested member of the public has a right to inspect or take extracts or make copies from any public records, instruments, or documents, any such person shall have the right of access to the records, documents, or instruments for the purpose of making photographs of the same while in the possession, custody, and con trol of the lawful custodian thereof, or his authorized deputy. Such work shall be done under the supervision of the lawful custodian of the records, who shall have the right to adopt and enforce reasonable rules governing the work. The work shall be done in the room where the records, documents, or instruments are kept by law. While the work is in pro gress, the custodian may charge the person making the photographs of the records, docu ments, or instruments at a rate of compensation to be agreed upon by the person making the photographs and the custodian for his services or the services of a deputy in supervising the work.
(b) Where fees for certified copies or other copies or records are specifically authorized or otherwise prescribed by law, such specific fee shall apply.
(c) Where no fee is otherwise provided by law, the agency may charge and collect a uniform copying fee not to exceed 50(t per page.
(d) In addition, a reasonable charge may be collected for search, retrieval, and other direct administrative costs for complying with a request under this Code section. The hourly charge shall not exceed the salary of the lowest paid full-time employee with the necessary skill and training to perform the request; provided, however, that no charge shall be made for the first quarter hour.
(e) An agency shall utilize the most economical means available for providing copies of public records."
Section 3. Said article is further amended by striking Code Section 50-18-72 which reads as follows:
"50-18-72. (a) This article shall not be applicable to records that are specifically re quired by the federal government to be kept confidential or to medical or veterinary records and similar files, the disclosure of which would be an invasion of personal privacy. All records of hospital authorities other than the foregoing shall be subject to this article. All state officers and employees shall have a privilege to refuse to disclose the identity of any person who has furnished medical or other similar information which has or will become incorporated into any medical or public health investigation, study, or report of the Depart ment of Human Resources. The identity of such informant shall not be admissible in evi dence in any court of the state unless the court finds that the identity of the informant already has been disclosed otherwise.
(b) This article shall not be applicable to any application submitted to or any perma nent records maintained by a judge of the probate court pursuant to Code Section 16-11129, relating to licenses to carry pistols or revolvers, or pursuant to any other requirement for maintaining records relative to the possession of firearms. This subsection shall not pre clude law enforcement agencies from obtaining records relating to licensing and possession of firearms as provided by law.
(c) This article shall not be applicable to any trade secrets and commercial or financial information obtained from a person or business entity which is of a privileged or confiden-

TUESDAY, JANUARY 26, 1988

159

tial nature or to data, records, or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher learning in the conduct of or as a result of, study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where such data, records, or information have not been publicly released, pub lished, copyrighted, or patented. 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 promoting intercollegiate athletics.",
and inserting in lieu thereof a new Code section to read as follows:
"50-18-72. (a) Public disclosure shall not be required for records that are:
(1) Specifically required by the federal government to be kept confidential;
(2) Personnel, medical, or veterinary records and similar files, the disclosure of which would be an invasion of personal privacy;
(3) Records compiled for law enforcement purposes to the extent that production of such records would disclose the identity of a confidential source, disclose confidential inves tigative techniques and procedures, endanger the life or physical safety of any person or persons, or disclose the existence of a continuing confidential surveillance site;
(4) Evidence pertaining to or in connection with the discipline or dismissal of a public officer or employee until the same has been presented to the agency or an officer for action or the investigation has been otherwise terminated or concluded;
(5) Records of law enforcement agencies prepared or received in a current and continu ing investigation of criminal activity or in the detection of possible criminal conduct; but, other arrest reports, accident reports, and incident reports shall be disclosed to the public;
(6) Records that consist of confidential evaluations submitted to a governmental agency and prepared in connection with the appointment or hiring of a public officer or employee; or
(7) Real estate appraisals, engineering or feasibility estimates, or other records made for or by the state or a local agency relative to the acquisition of real property until such time as the property has been acquired or the proposed transaction has been terminated or abandoned.
(b) This article shall not be applicable to any trade secrets obtained from a person or business entity which are of a privileged or confidential nature and required by law to be submitted to a government agency or to data, records, or information of a proprietary na ture, produced or collected by or for faculty or staff of state institutions of higher learning in the conduct of or as a result of, study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a govern mental body or private concern, where such data, records, or information has not been pub licly released, published, copyrighted, or patented. This limitation shall not be interpreted by any court of law to include or otherwise exempt from inspection the records of any ath letic association or other nonprofit entity promoting intercollegiate athletics.
(c) All records of hospital authorities other than the foregoing shall be subject to this article. All state officers and employees shall have a privilege to refuse to disclose the iden tity of any person who has furnished medical or similar information which has or will be come incorporated into any medical or public health investigation, study, or report of the Department of Human Resources. The identity of such informant shall not be admissible in evidence in any court of the state unless the court finds that the identity of the informant already has been disclosed otherwise.
(d) This article shall not be applicable to any application submitted to or any perma nent records maintained by a judge of the probate court pursuant to Code Section 16-11129, relating to licenses to carry pistols or revolvers, or pursuant to any other requirement for maintaining records relative to the possession of firearms. This subsection shall not pre-

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elude law enforcement agencies from obtaining records relating to licensing and possession of firearms as provided by law.
(e) This article shall not be construed to repeal:
(1) The attorney-client privilege recognized by state law to the extent that a record pertains to the requesting or giving of legal advice or the disclosure of facts concerning or pertaining to pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the agency or any officer or employee, other than records reflecting advice or consultation whether to open a meeting or disclose a record pursuant to the requirements of law; or
(2) State laws making certain tax matters confidential.
(f) This Code section shall be interpreted narrowly so as to exclude from disclosure only that portion of a public record to which an exclusion is directly applicable. It shall be the duty of the agency having custody of a record to provide all other portions of a record for public inspection or copying.
(g) Notwithstanding anything to the contrary in this Code section, no exception created under this Code section shall apply where the public interest in disclosure of the document outweighs the public interest in nondisclosure of the document."
Section 4. Said article is further amended by striking Code Section 50-18-73, relating to enforcement of open records, and inserting in lieu thereof a new Code section to read as follows:
"50-18-73. The superior courts of this state shall have jurisdiction in law and in equity to entertain actions against persons or agencies having custody of records open to the public under this article to enforce compliance with the provisions of this article. Such actions may be brought by any person, firm, corporation, or other entity. Absent substantial justification by the other party, the court shall award to the prevailing party reasonable attorney's fees and other litigation expenses reasonably incurred in bringing or defending the action to enforce compliance with this article, in addition to such other relief as may be granted by the court."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coverdell
Crumbley

Dawkins Deal Dean Echols Edge English Engram Fincher Garner Gillis
Harris

Hine Howard Hudgins Huggins Kidd Land McGill McKenzie Newbill Olmstead
Peevy

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161

Perry Phillips Ragan of 10th Ragan of 32nd
Ray

Scott of 2nd Scott of 36th Starr Stumbaugh
Tate

Taylor Timmons
Turner Walker

Those not voting were Senators:

Broun (excused) Coleman Foster

Harrison Johnson Kennedy (presiding)

Langford Shumake Tysinger

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

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

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

SR 247. By Senators Broun of the 46th and Kidd of the 25th:

A RESOLUTION
Proposing an amendment to the Constitution so as to remove the Attorney General from the commission which reviews felony indictments against certain public officials to determine if such indictments affect the administration of the office and from the Georgia State Financing and Investment Commission and from the committee which prepares the official summary of all proposed constitutional amendments and to provide for a replace ment member on such bodies; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article II, Section III, Paragraph I of the Constitution is amended by striking subparagraph (b) and inserting in lieu thereof a new subparagraph (b) to read as follows:
"(b) Upon indictment for a felony by a grand jury of this State or by the United States, which felony indictment relates to the performance or activities of the office of any public official, the Attorney General or district attorney shall transmit a certified copy of the in dictment to the Governor or, if the indicted public official is the Governor, to the Lieuten ant Governor who shall, subject to subparagraph (d) of this Paragraph, appoint a review commission. If the indicted public official is the Governor, the commission shall be com posed of a member appointed by the Lieutenant Governor who shall not be the Attorney General, the Secretary of State, the State School Superintendent, the Commissioner of In surance, the Commissioner of Agriculture, and the Commissioner of Labor. If the indicted public official is the Attorney General, the commission shall be composed of three other public officials who are not members of the General Assembly. If the indicted public official is not the Governor, the Attorney General, or a member of the General Assembly, the com mission shall be composed of three other public officials who are not members of the Gen eral Assembly or the Attorney General. If the indicted public official is a member of the General Assembly, the commission shall be composed of one member appointed by the Gov ernor who shall not be the Attorney General and one member of the Senate and one mem ber of the House of Representatives. The commission shall provide for a speedy hearing, including notice of the nature and cause of the hearing, process for obtaining witnesses, and the assistance of counsel. Unless a longer period of time is granted by the appointing au thority, the commission shall make a written report within 14 days. If the commission deter mines that the indictment relates to and adversely affects the administration of the office of the indicted public official and that the rights and interests of the public are adversely af fected thereby, the Governor or, if the Governor is the indicted public official, the Lieuten-

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ant Governor shall suspend the public official immediately and without further action pend ing the final disposition of the case or until the expiration of the officer's term of office, whichever occurs first. During the term of office to which such officer was elected and in which the indictment occurred, if a nolle prosequi is entered, if the public official is acquit ted, or if after conviction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the officer shall be immediately reinstated to the office from which he was suspended. While a public official is suspended under this Paragraph and until initial conviction by the trial court, the officer shall continue to receive the compensa tion from his office. After initial conviction by the trial court, the officer shall not be entitled to receive the compensation from his office. If the officer is reinstated to office, he shall be entitled to receive any compensation withheld under the provisions of this Paragraph."
Section 2. Article VII, Section IV, Paragraph VII of the Constitution is amended by striking subparagraph (a) and inserting in lieu thereof a new subparagraph (a) to read as follows:
"(a) There shall be a Georgia State Financing and Investment Commission. The com mission shall consist of the Governor, the President of the Senate, the Speaker of the House of Representatives, the State Auditor, a member appointed by the Governor who shall not be the Attorney General, the director, Fiscal Division, Department of Administrative Ser vices, or such other officer as may be designated by law, and the Commissioner of Agricul ture. The commission shall be responsible for the issuance of all public debt and for the proper application, as provided by law, of the proceeds of such debt to the purposes for which it is incurred; provided, however, the proceeds from guaranteed revenue obligations shall be paid to the issuer thereof and such proceeds and the application thereof shall be the responsibility of such issuer. Debt to be incurred at the same time for more than one pur pose may be combined in one issue without stating the purpose separately but the proceeds thereof must be allocated, disbursed and used solely in accordance with the original purpose and without exceeding the principal amount authorized for each purpose set forth in the authorization of the General Assembly and to the extent not so used shall be used to purchase and retire public debt. The commission shall be responsible for the investment of all proceeds to be administered by it and, as provided by law, the income earned on any such investments may be used to pay operating expenses of the commission or placed in a common debt retirement fund and used to purchase and retire any public debt, or any bonds or obligations issued by any public agency, public corporation or authority which are secured by a contract to which the provisions of the second paragraph of Paragraph I(a) of Section VI, Article IX of the Constitution of 1976 are applicable. The commission shall have such additional responsibilities, powers, and duties as are provided by law."
Section 3. Article X, Section 1 of the Constitution is amended by striking Paragraph II and inserting in lieu thereof a new Paragraph II to read as follows:
"Paragraph II. Proposals by the General Assembly; submission to the people. A propo sal by the General Assembly to amend this Constitution or to provide for a new Constitu tion shall originate as a resolution in either the Senate or the House of Representatives and, if approved by two-thirds of the members to which each house is entitled in a roll-call vote entered on their respective journals, shall be submitted to the electors of the entire state at the next general election which is held in the even-numbered years. A summary of such proposal shall be prepared by an appointee of the Governor who shall not be the Attorney General, the Legislative Counsel, and the Secretary of State and shall be published in the official organ of each county and, if deemed advisable by the 'Constitutional Amendments Publication Board,' in not more than 20 other newspapers in the state designated by such board which meet the qualifications for being selected as the official organ of a county. Said board shall be composed of the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives. Such summary shall be published once each week for three con secutive weeks immediately preceding the day of the general election at which such proposal is to be submitted. The language to be used in submitting a proposed amendment or a new Constitution shall be in such words as the General Assembly may provide in the resolution or, in the absence thereof, in such language as the Governor may prescribe. A copy of the

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entire proposed amendment or of a new Constitution shall be filed in the office of the judge of the probate court of each county and shall be available for public inspection; and the summary of the proposal shall so indicate. The General Assembly is hereby authorized to provide by law for additional matters relative to the publication and distribution of pro posed amendments and summaries not in conflict with the provisions of this Paragraph.
If such proposal is ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon in such general election, such proposal shall become a part of this Constitution or shall become a new Constitution, as the case may be. Any pro posal so approved shall take effect as provided in Paragraph VI of this article. When more than one amendment is submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately, provided that one or more new articles or related changes in one or more articles may be submitted as a single amendment."
Section 4. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to remove the Attorney General from the commission which reviews felony indictments against certain publie officials to determine if such indictments affect the administration of the office and from the Georgia State Financing and Investment Commission and from the committee which prepares the official summary of all proposed constitutional amendments and to provide for a replacement member on such bodies?"

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

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

Senator Kidd of the 25th offered the following substitute to SR 247:

A RESOLUTION
Proposing an amendment to the Constitution so as to remove the Attorney General from the Georgia State Financing and Investment Commission and from the committee which prepares the official summary of all proposed constitutional amendments and to pro vide for a replacement member on such bodies; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.,
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section IV, Paragraph VII of the Constitution is amended by striking subparagraph (a) and inserting in lieu thereof a new subparagraph (a) to read as follows:
"(a) There shall be a Georgia State Financing and Investment Commission. The com mission shall consist of the Governor, the President of the Senate, the Speaker of the House of Representatives, the State Auditor, a member appointed by the Governor who shall not be the Attorney General, the director, Fiscal Division, Department of Administrative Ser vices, or such other officer as may be designated by law, and the Commissioner of Agricul ture. The commission shall be responsible for the issuance of all public debt and for the proper application, as provided by law, of the proceeds of such debt to the purposes for which it is incurred; provided, however, the proceeds from guaranteed revenue obligations shall be paid to the issuer thereof and such proceeds and the application thereof shall be the responsibility of such issuer. Debt to be incurred at the same time for more than one pur pose may be combined in one issue without stating the purpose separately but the proceeds

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thereof must be allocated, disbursed and used solely in accordance with the original purpose and without exceeding the principal amount authorized for each purpose set forth in the authorization of the General Assembly and to the extent not so used shall be used to purchase and retire public debt. The commission shall be responsible for the investment of all proceeds to be administered by it and, as provided by law, the income earned on any such investments may be used to pay operating expenses of the commission or placed in a common debt retirement fund and used to purchase and retire any public debt, or any bonds or obligations issued by any public agency, public corporation or authority which are secured by a contract to which the provisions of the second paragraph of Paragraph I(a) of Section VI, Article IX of the Constitution of 1976 are applicable. The commission shall have such additional responsibilities, powers, and duties as are provided by law."
Section 2. Article X, Section I of the Constitution is amended by striking Paragraph II and inserting in lieu thereof a new Paragraph II to read as follows:
"Paragraph II. Proposals by the General Assembly; submission to the people. A propo sal by the General Assembly to amend this Constitution or to provide for a new Constitu tion shall originate as a resolution in either the Senate or the House of Representatives and, if approved by two-thirds of the members to which each house is entitled in a roll-call vote entered on their respective journals, shall be submitted to the electors of the entire state at the next general election which is held in the even-numbered years. A summary of such proposal shall be prepared by an appointee of the Governor who shall not be the Attorney General, the Legislative Counsel, and the Secretary of State and shall be published in the official organ of each county and, if deemed advisable by the 'Constitutional Amendments Publication Board,' in not more than 20 other newspapers in the state designated by such board which meet the qualifications for being selected as the official organ of a county. Said board shall be composed of the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives. Such summary shall be published once each week for three con secutive weeks immediately preceding the day of the general election at which such proposal is to be submitted. The language to be used in submitting a proposed amendment or a new Constitution shall be in such words as the General Assembly may provide in the resolution or, in the absence thereof, in such language as the Governor may prescribe. A copy of the entire proposed amendment or of a new Constitution shall be filed in the office of the judge of the probate court of each county and shall be available for public inspection; and the summary of the proposal shall so indicate. The General Assembly is hereby authorized to provide by law for additional matters relative to the publication and distribution of pro posed amendments and summaries not in conflict with the provisions of this Paragraph.
If such proposal is ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon in such general election, such proposal shall become a part of this Constitution or shall become a new Constitution, as the case may be. Any pro posal so approved shall take effect as provided in Paragraph VI of this article. When more than one amendment is submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately, provided that one or more new articles or related changes in one or more articles may be submitted as a single amendment."
Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to remove the Attorney General from the Georgia State Financing and Investment Commission and from the committee which prepares the official summary of all proposed constitu tional amendments and to provide for a replacement member on such bod ies?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote

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165

""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of the substitute and resolution will be suspended until the next meeting day of the Senate, Wednesday, January 27.
The following bill of the Senate was taken up for the purpose of considering the House action thereon:
SB 28. By Senator Kidd of the 25th: A bill to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of certain public officers and employees, so as to provide that any state employee injured in the line of duty shall be entitled to his regular compensation for the period of time that any such state employee is physically unable to perform the duties of his employment.
On March 12, 1987, the President ruled the House amendment to the Senate amend ment to the House substitute to SB 28 out of order pursuant to Senate Rule 154, as appears in the Senate Journal of March 12, 1987.
Senator Kidd of the 25th moved that the Senate adhere to its amendment to the House substitute to SB 28, 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 amendment to the House substitute to SB 28.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:
Senators Kidd of the 25th, Walker of the 43rd and Hudgins of the 15th.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 12:05 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Wednesday, January 27, 1988 Eighth Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1345. By Representative Pinkston of the 100th: A bill to amend Code Section 7-1-483 of the Official Code of Georgia Annotated, relating to meetings of boards of directors, quorum, committees, and acting with out meeting, so as to authorize the department to reduce the frequency of re quired meetings of the board of directors.
HB 458. By Representatives Buck of the 95th, Murphy of the 18th, Padgett of the 86th, Cooper of the 20th, Hanner of the 131st and others:
A bill to amend Article 6 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, disability, and survivors benefits, under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to retirement, disability, and survivors benefits.
HB 1192. By Representative Wall of the 61st:
A bill to amend Code Section 36-9-3 of the Official Code of Georgia Annotated, relating to the procedure for the sale or disposition of county real property gener ally, so as to exempt the transfer of recreational set-aside property to certain homeowners' associations.
HB 615. By Representatives Groover of the 99th, Chambless of the 133rd, Robinson of the 96th and Thomas of the 69th:
A bill to amend Chapter 3 of Title 15 of the Official Code of Georgia Annotated, relating to the Court of Appeals, so as to authorize the Court of Appeals to estab lish by rule a preappeal settlement conference procedure.
HB 924. By Representatives Chambless of the 133rd, Thomas of the 69th and Robinson of the 96th:
A bill to amend Chapter 9 of Title 14 of the Official Code of Georgia Annotated, relating to limited partnerships, so as to revise, modernize, and supersede the laws of Georgia relating to limited partnerships.

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HB 1285. By Representatives Barnett of the 10th, Twiggs of the 4th, Mobley of the 64th, Alford of the 57th and Jackson of the 83rd:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize public safety officers and employees of local political subdivisions to provide mutual aid during local emergencies and at other times under certain circumstances; to provide a short title.
HB 1302. By Representatives Robinson of the 96th, Pannell of the 122nd, Chambless of the 133rd, Pettit of the 19th and Thomas of the 69th:
A bill to amend Chapter 7 of Title 14 of the Official Code of Georgia Annotated, relating to professional corporations, so as to provide that a shareholder of a pro fessional corporation must be an active practitioner in the corporation which is sued the shares; to provide for redemption, cancellation, or transfer of shares held by a shareholder who is not an active practitioner in the issuing corporation.
HB1193. By Representatives Lane of the 27th, Selman of the 32nd, Adams of the 36th, Couch of the 40th, McKinney of the 35th and others:
A bill to amend Code Section 50-8-84 of the Official Code of Georgia Annotated, relating to the composition of metropolitan area planning and development com missions for metropolitan areas of this state having a population of more than 1,000,000 according to the United States decennial census of 1970 or any future such census, so as to provide for an additional member of such an area planning and development commission.
HB 1237. By Representative Lane of the 27th:
A bill to amend Code Section 43-41-8 of the Official Code of Georgia Annotated, relating to requirements for admission to examination for license as a master therapeutic recreation specialist, so as to change the provisions relating to educa tional requirements.
HB 24. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain retirement provisions affecting superior court judges, district attorneys, assistant district attorneys, and employees of the Prosecuting Attorneys' Council, so as to provide for membership of district attor neys' investigators in the Employees' Retirement System of Georgia.
HB 1325. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide that in certain counties sessions of superior court may under certain conditions be held outside the county site in facilities of the state court.
HB 278. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to the payment required for such creditable service.

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HB 356. By Representatives Connell of the 87th, Johnson of the 72nd and Buck of the 95th:
A bill to amend Article 6 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, disability benefits, and death benefits under the Georgia Firemen's Pension Fund, so as to increase the maximum benefits payable to persons eligible or who become eligible to receive benefits under such pension fund.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 16. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A resolution proposing an amendment to the Constitution so as to create a com mission and authorize such commission to renumber, redesignate, and rearrange articles, sections, paragraphs, or provisions of the Constitution and to correct cross-references within the Constitution.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 524. By Senator Kidd of the 25th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide that no person, partnership, or corporation engaged in manufacturing or commerce within the State of Georgia shall acquire the whole or any part of the assets or equity stock of another person, partner ship, or corporation engaged also in manufacturing or commerce within the State of Georgia. Referred to Committee on Industry and Labor.
SB 525. By Senator Kidd of the 25th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipalities, so as to provide that, if at the written request of a business, a governmental entity ac quires, constructs, improves, or modifies any real property which results in the business's locating or remaining in the political subdivision of the governmental entity, the business shall be liable for damages if it closes down or terminates its operations within a certain period of time. Referred to Committee on Industry and Labor.
SB 526. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of private and public child welfare agencies and facilities, so as to change certain provisions relating to space requirements for group day-care homes and day-care centers; to provide an effective date. Referred to Committee on Children and Youth.
SB 527. By Senators Hudgins of the 15th and Land of the 16th:
A bill to amend Code Section 31-3-4 of the Official Code of Georgia Annotated, relating to powers of county boards of health, so as to delete certain provisions restricting the power of boards of health of consolidated city-county governments with respect to the establishment and collection of fees for environmental health services. Referred to Committee on Human Resources.

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SB 528. By Senators Bowen of the 13th, Timmons of the llth, English of the 21st and others:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to change the qualifica tions of persons serving on county and independent boards of education after a certain date.
Referred to Committee on Education.
SB 529. By Senators Gillis of the 20th, Ray of the 19th, English of the 21st and Kennedy of the 4th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to delete certain provisions designating certain practices, concerning promotional giveaways or contests as unlawful, unfair, or deceptive acts or practices; to pro vide for definitions.
Referred to Committee on Consumer Affairs.
SB 530. By Senators Shumake of the 39th, Stumbaugh of the 55th and Land of the 16th:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to enact the "Georgia Insurance and Educational Reinvestment Act for Aid to Fam ilies with Dependent Children"; to authorize the authority to act as a self-insurer for the purpose of providing death benefits and disability benefits.
Referred to Committee on Insurance.
SB 531. By Senator Peevy of the 48th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipalities, so as to provide for the regulation of solid waste collection or disposal services when a county or municipality enters into or expands such services where such services are provided by certain private companies.
Referred to Committee on Urban and County Affairs (General).
SB 532. By Senator Coverdell of the 40th:
A bill to amend Code Section 31-3-2.1 of the Official Code of Georgia Annotated, relating to county boards and departments of health in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, so as to change the provisions relating to health insurance benefits for employees of such county boards or departments of health.
Referred to Committee on Urban and County Affairs (General).
SB 533. By Senator Coverdell of the 40th:
A bill to amend Part 2 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, known as the "Tax Deferral for the Elderly Act," so as to provide for an alternative tax deferral for the elderly in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.
Referred to Committee on Banking and Finance.

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SB 534. By Senators Newbill of the 56th, Harrison of the 37th, Ragan of the 32nd and Coverdell of the 40th:
A bill to amend Code Section 21-5-30 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to prohibit any candidate or any public officer holding elective office from making any contributions from the campaign fund of such candidate or public officer to bring about the nomination or election of any candidate for any public office.
Referred to Committee on Governmental Operations.
SB 535. By Senator Echols of the 6th:
A bill to provide that future school superintendents of the Pierce County School District shall be appointed by the board of education rather than elected; to pro vide for all related matters; to provide for a referendum; to provide effective dates.
Referred to Committee on Urban and County Affairs.
SB 536. By Senators Deal of the 49th and Kennedy of the 4th:
A bill to amend Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to electric membership corporations and foreign electric co operatives, so as to permit officers and directors to rely upon a wider variety of professional and other opinions, reports, or statements in discharging their duties.
Referred to Committee on Public Utilities.
SB 537. By Senators Barnes of the 33rd, Harrison of the 37th, Newbill of the 56th and Ragan of the 32nd:
A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to provide additional requirements for the expenditure of bond funds and lengthen the amount of time allowed for letting contracts related to projects financed with bond proceeds in counties of this state having a popula tion of not less than 250,000 nor more than 400,000.
Referred to Committee on Urban and County Affairs (General).
SB 538. By Senators Stumbaugh of the 55th, McKenzie of the 14th, Crumbley of the 17th and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to define certain terms; to provide proce dures for the cancellation of the contractual relationship between insurance com panies and insurance agents; to provide for notices; to provide exceptions to the notice requirement.
Referred to Committee on Insurance.
SB 539. By Senators Stumbaugh of the 55th, Crumbley of the 17th, Allgood of the 22nd and others:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions and limitations on campaign con tributions, so as to prohibit industrial loan licensees and insurers from making contributions to or on behalf of the person holding office as Commissioner of Insurance or to or on behalf of candidates for the office of Commissioner of In surance or to or on behalf of campaign committees of such candidates.
Referred to Committee on Governmental Operations.

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SB 540. By Senators Stumbaugh of the 55th, Crumbley of the 17th, Allgood of the 22nd and others: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to pro vide that the Commissioner of Insurance shall provide by regulation guidelines for determining the value of a motor vehicle under certain circumstances; to pro vide for the content of such regulations; to provide an effective date.
Referred to Committee on Insurance.
SB 541. By Senators Stumbaugh of the 55th, McKenzie of the 14th, Crumbley of the 17th and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that no notice refusing the re newal of certain coverages in an automobile or motorcycle policy issued for deliv ery in this state shall be mailed or delivered for certain enumerated reasons. Referred to Committee on Insurance.
SB 542. By Senator Langford of the 35th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States de cennial census of 1960 or any future such census so as to change the jurisdiction of said court; to provide for all related matters; to provide for an effective date. Referred to Committee on Urban and County Affairs (General).
SB 543. By Senator Langford of the 35th:
A bill to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to provide a formula for the distribution of the proceeds of said tax in each special district having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census. Referred to Committee on Banking and Finance.
SB 544. By Senator Langford of the 35th: A bill to amend Chapter 13 of Title 34 of the Official Code of Georgia Annotated, known as the "Carnival Ride Safety Act," so as to delete certain provisions relat ing to certificates of inspection; to change the provisions relating to issuance of a permit; to change the provisions relating to accident reports; to change the provi sions relating to liability insurance.
Referred to Committee on Consumer Affairs.
SR 316. By Senators Stumbaugh of the 55th, McKenzie of the 14th, Crumbley of the 17th and others:
A resolution creating the Joint Study Committee on Automobile Insurance. Referred to Committee on Insurance.
The following bills and resolution of the House were read the first time and referred to committees:
HB 24. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th: A bill to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain retirement provisions affecting superior court judges, district attorneys, assistant district attorneys, and employees of the

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Prosecuting Attorneys' Council, so as to provide for membership of district attor neys' investigators in the Employees' Retirement System of Georgia.
Referred to Committee on Retirement.
HB 278. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to the payment required for such creditable service.
Referred to Committee on Retirement.
HB 356. By Representatives Connell of the 87th, Johnson of the 72nd and Buck of the 95th:
A bill to amend Article 6 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, disability benefits, and death benefits under the Georgia Firemen's Pension Fund, so as to increase the maximum benefits payable to persons eligible or who become eligible to receive benefits under such pension fund.
Referred to Committee on Retirement.
HB 458. By Representatives Buck of the 95th, Murphy of the 18th, Padgett of the 86th and others:
A bill to amend Article 6 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, disability, and survivors benefits, under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to retirement, disability, and survivors benefits. Referred to Committee on Retirement.
HB 615. By Representatives Groover of the 99th, Chambless of the 133rd, Robinson of the 96th and Thomas of the 69th:
A bill to amend Chapter 3 of Title 15 of the Official Code of Georgia Annotated, relating to the Court of Appeals, so as to authorize the Court of Appeals to estab lish by rule a preappeal settlement conference procedure. Referred to Committee on Judiciary.
HB 924. By Representatives Chambless of the 133rd, Thomas of the 69th and Robinson of the 96th:
A bill to amend Chapter 9 of Title 14 of the Official Code of Georgia Annotated, relating to limited partnerships, so as to revise, modernize, and supersede the laws of Georgia relating to limited partnerships. Referred to Committee on Judiciary.
HB 1192. By Representative Wall of the 61st:
A bill to amend Code Section 36-9-3 of the Official Code of Georgia Annotated, relating to the procedure for the sale or disposition of county real property gener ally, so as to exempt the transfer of recreational set-aside property to certain homeowners' associations.
Referred to Committee on Urban and County Affairs (General).

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173

HB 1193. By Representatives Lane of the 27th, Selman of the 32nd, Adams of the 36th and others:
A bill to amend Code Section 50-8-84 of the Official Code of Georgia Annotated, relating to the composition of metropolitan area planning and development com missions for metropolitan areas of this state having a population of more than 1,000,000 according to the United States decennial census of 1970 or any future such census, so as to provide for an additional member of such an area planning and development commission. Referred to Committee on Urban and County Affairs (General).
HB 1237. By Representative Lane of the 27th:
A bill to amend Code Section 43-41-8 of the Official Code of Georgia Annotated, relating to requirements for admission to examination for license as a master therapeutic recreation specialist, so as to change the provisions relating to educa tional requirements. Referred to Committee on Governmental Operations.
HB 1285. By Representatives Barnett of the 10th, Twiggs of the 4th, Mobley of the 64th, Alford of the 57th and Jackson of the 83rd:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize public safety officers and employees of local political subdivisions to provide mutual aid during local emergencies and at other times under certain circumstances; to provide a short title. Referred to Committee on Public Safety.
HB 1302. By Representatives Robinson of the 96th, Pannell of the 122nd, Chambless of the 133rd, Pettit of the 19th and Thomas of the 69th:
A bill to amend Chapter 7 of Title 14 of the Official Code of Georgia Annotated, relating to professional corporations, so as to provide that a shareholder of a pro fessional corporation must be an active practitioner in the corporation which is sued the shares; to provide for redemption, cancellation, or transfer of shares held by a shareholder who is not an active practitioner in the issuing corporation. Referred to Committee on Special Judiciary.
HB 1325. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide that in certain counties sessions of superior court may under certain conditions be held outside the county site in facilities of the state court. Referred to Committee on Judiciary.
HB 1345. By Representative Pinkston of the 100th:
A bill to amend Code Section 7-1-483 of the Official Code of Georgia Annotated, relating to meetings of boards of directors, quorum, committees, and acting with out meeting, so as to authorize the department to reduce the frequency of re quired meetings of the board of directors. Referred to Committee on Banking and Finance.
HR 16. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A resolution proposing an amendment to the Constitution so as to create a com mission and authorize such commission to renumber, redesignate, and rearrange

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articles, sections, Paragraphs, or provisions of the Constitution and to correct cross-references within the Constitution.
Referred to Committee on Judiciary.

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

Mr. President:

The Committee on Corrections has had under consideration the following bills and res olution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 434. Do pass by substitute. SB 450. Do pass by substitute. SB 471. Do pass. SB 472. Do pass. SB 476. Do pass. SR 300. Do pass.
Respectfully submitted,
Senator Garner of the 30th District, Chairman

Mr. President:

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

SB 158. Do pass as amended.

HB 1195. Do pass as amended.

SB 420. Do pass by substitute.

HB 1196. Do pass.

SB 423. Do pass by substitute.

HR 282. Do pass.

SR 41. Do pass by substitute.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 395. Do pass. SB 396. Do pass by substitute. HB 1223. Do pass.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

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

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175

SB 7. Do pass.

SB 178. Do pass by substitute.

SB 15. Do pass by substitute.

' SB 221. Do pass.

SB 128. Do pass by substitute. SB 129. Do pass by substitute.

SB 501. Do pass.

Respectfully submitted,

Senator Timmons of the llth District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 429. Do pass. SB 430. Do pass. SB 431. Do pass.
Respectfully submitted,
Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 482. Do pass. SB 502. Do pass. SB 504. 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 House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1153. HB 1186. HB 1188.

Do pass. Do pass. Do pass.

HB 1211. Do pass. HB 1242. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 437. Do pass by substitute.

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SR 263. 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 421. By Senator Kidd of the 25th:
A bill to amend Code Section 19-8-19 of the Official Code of Georgia Annotated, relating to unlawful advertisements and inducements with respect to adoptions, so as to authorize the payment of lost wages or living expenses of an expectant mother during a certain period of pregnancy.

SB 422. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with respect to programs and protection for children and youth, so as to provide pay ments to licensed child-placing agencies which arrange adoptions for special needs children who would otherwise remain in foster care at state expense.

SB 440. By Senators McGill of the 24th, Ray of the 19th, English of the 21st and others:
A bill to amend Code Section 2-9-41 of the Official Code of Georgia Annotated, relating to investigations of grain dealers or persons, partnerships, corporations, or other entities engaging in transactions involving grain, so as to provide for examination of the ledgers, books of accounts, memoranda, and other documents of unlicensed persons, partnerships, corporations, or other entities.

SB 441. By Senators McGill of the 24th, Ray of the 19th, English of the 21st and others:
A bill to amend Code Section 10-4-10 of the Official Code of Georgia Annotated, relating to the annual license required for the operation of a warehouse under the "Georgia State Warehouse Act," so as to provide that if a warehouseman oper ates two or more warehouses in the same county, only one license shall be re quired for the operation of all such warehouses; to change the provisions relating to licenses.

SB 449, By Senators Kennedy of the 4th, McKenzie of the 14th, Baldwin of the 29th and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the tiger swallow tail as the official state butterfly; to provide for related matters.

SR 277. By Senator Kidd of the 25th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a 115 kV transmission line over or under property owned by the State of Georgia in Baldwin County, Georgia; to provide an effective date.

SR 278. By Senator Kidd of the 25th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of an overhead transmission tap line over property owned by the State of Georgia in Baldwin County, Georgia; to provide an effective date.

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177

SR 282. By Senator Dean of the 31st:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a lightguide cable under property owned by the State of Georgia in Paulding County, Georgia; to provide an effective date.

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 778. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd and others:
A bill to amend Code Section 48-5-52 of the Official Code of Georgia Annotated, relating to homestead exemptions from school district ad valorem taxation for residents who are 62 years of age or over and who meet certain income qualifica tions, so as to change the income qualifications for such homestead exemption; to provide for a referendum and for effectiveness conditioned upon referendum approval.

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

Albert Allgood Baldwin Barker Barnes Bowen
BCouvrteorndell
Crumbley Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Garner Gillis Harris Harrison
HJouhgngsmo. ns
Kennedy Kidd Land Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan Of 10th Ragan of 32nd Ra
Scott Qf 2nd SS,,,hcoutmt aok,fe36th
Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not answering were Senators:

Broun (excused)

Coleman

Howard

Senator Dean of the 30th introduced the chaplain of the day, Reverend Edwin Bernard,

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pastor of Rockmart Presbyterian Church, Rockmart, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 304. By Senators Bowen of the 13th, Timmons of the llth, Turner of the 8th and others: A resolution commending the fireflghters of Georgia on their Sixteenth Annual Firemen's Recognition Day.
SR 305. By Senator Deal of the 49th: A resolution commending Susan Wiley.
SR 306. By Senators Deal of the 49th and Johnson of the 47th: A resolution commending Jan Fletcher.
SR 307. By Senators Deal of the 49th and Foster of the 50th: A resolution commending Mary Emily Deal.
SR 308. By Senators Deal of the 49th, Hudgins of the 15th and Land of the 16th: A resolution commending April Parker.
SR 309. By Senators Deal of the 49th and Johnson of the 47th: A resolution commending Patti Ayers.
SR 310. By Senators Deal of the 49th and Kennedy of the 4th: A resolution commending Heather Shearouse.
SR 311. By Senators Deal of the 49th and Bowen of the 13th: A resolution commending Susan Hurt.
SR 312. By Senators Deal of the 49th and Turner of the 8th: A resolution commending Jill Sirmans.
SR 313. By Senators Kennedy of the 4th and Deal of the 49th: A resolution commending Rebecca Heidt.
SR 314. By Senator Deal of the 49th: A resolution commending Holly Hardigree.
SR 315. By Senators Deal of the 49th and Turner of the 8th: A resolution commending Tonya Black.
SR 317. By Senators Turner of the 8th, Timmons of the llth and Taylor of the 12th: A resolution commending the Association County Commissioners of Georgia.

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179

SR 318. By Senators Albert of the 23rd and Allgood of the 22nd: A resolution commending the Medical College of Georgia.
SR 319. By Senator Perry of the 7th: A resolution commending Leslie Pannell.
Senator Garner of the 30th introduced Mr. Johnny Beckman who was commended in SR 293, adopted previously, and he introduced Rick Sauers and Mike Traynor and briefly addressed the Senate.
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Wednesday, January 27, 1988
EIGHTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 1153 Dawkins, 45th Newton County Provides for homestead exemptions from county and Newton County School District ad valorem taxation.
HB 1186 Peevy, 48th Barrow County Provides authority for members of the Board of Education of county; changes compensation of such members to the amount authorized by general law for members of the board.
HB 1188 Deal, 49th Newbill, 56th Forsyth County Amends local Act creating and establishing a civil service system in county for employees of county; provides for exemption of certain personnel from membership in Forsyth County Civil Service System.
HB 1211 Echols, 6th Gillis, 20th Appling County Changes composition and method of election of the Board of Education of county.
HB 1242 Edge, 28th Coweta County Provides for a special election by the qualified voters of respective road dis tricts to fill vacancies which shall occur on the Board of Commissioners.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Bryant Burton Coverdell Crumbley Deal Dean Echols Edge English Engram

Fincher Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Johnson Kennedy Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Barker Broun (excused) Coleman

Dawkins Howard Kidd

Scott of 36th Timmons

On the passage of all the local bills, the yeas were 48, nays 0.

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

SENATE CALENDAR
Wednesday, January 27, 1988
EIGHTH LEGISLATIVE DAY
SB 334 Appalachian Judicial Circuit--appointment and election of additional judge (Substitute) (Judy--51st)
SR 247 Attorney General--remove from certain commissions (Substitute) (Gov Op--25th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.)

The following general bill of the Senate, having been read the third time on February 23, 1987, and committed to the Senate Committee on Judiciary, and favorably reported by the committee, was put upon its passage:

SB 334. By Senator Brannon of the 51st:
A bill to add one additional judge of the superior court for the Appalachian Judi cial Circuit; to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to numbers of judges for each judicial circuit, so as to provide for such additional judge; to provide for the initial appointment and subsequent election of said judge; to provide for all related matters; to provide an effective date.

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181

The Senate Committee on Judiciary offered the following substitute to SB 334:

A BILL

To be entitled an Act to add one additional judge of the superior court for the Appa lachian Judicial Circuit; to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to numbers of judges for each judicial circuit, so as to provide for such addi tional judge; to provide for the initial appointment and subsequent election of said judge; 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. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges for each judicial circuit, is amended by striking paragraph (2.1) and in serting in lieu thereof a new paragraph (2.1) to read as follows:

"(2.1) Appalachian Circuit .....................................

2"

Section 2. A second judge of superior court for the Appalachian Judicial Circuit shall be appointed by the Governor for a term beginning July 1, 1988, and continuing until Decem ber 31, 1990, and until a successor is elected and qualified. Successors to such additional judge shall be elected in 1990 and quadrennially thereafter as provided by law.

Section 3. In transacting the business of the court and in performing their duties the two judges of Superior Court of Appalachian Judicial Circuit shall share, divide, and allo cate the work and duties to be performed by them. In the event of any disagreement be tween the judges, the decision of the senior judge in time of service shall be controlling.

Section 4. This Act shall become effective July 1, 1988, except that the Governor may make the appointment called for by this Act at any time after June 1, 1988, and prior to July 1, 1988.

Section 5. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Bowen Brannon rvant
urt n Crumble QI Dean Echols Edge English Engram Fincher Foster

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

Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

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Those not voting were Senators:

Barker Barnes Broun (excused)

Coleman Dawkins

Howard Timmons

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

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

The following general resolution of the Senate, having been read the third time on Jan uary 26 and action suspended until today, pursuant to Senate Rule 143, was put upon its adoption:

SR 247. By Senators Broun of the 46th and Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to remove the Attorney General from the commission which reviews felony indictments against certain public officials and from the Georgia State Financing and Investment Commission and from the committee which prepares the official summary of all proposed constitutional amendments and to provide for a replacement member on such bodies; to provide for the submission of this amendment for ratification or rejection.

The substitute to SR 247 offered by Senator Kidd of the 25th on January 26, as it appears in the Journal of January 26, was automatically reconsidered and put upon its adoption.

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

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

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Bryant Burton Coverdell Deal Dean Edge English Engram Fincher Foster

Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

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183

Those not voting were Senators:

Barker Broun (excused) Coleman

Crumbley Dawkins Echols

Ragan of 10th Timmons

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

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

Senator Albert of the 23rd introduced to the Senate Greg Brooks who is the National Emergency Medical Technician of the year.

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

Senator English of the 21st moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

At 11:05 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Thursday, January 28, 1988 Ninth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Garner of the 30th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1341. By Representative Oliver of the 121st: A bill to recreate and establish the Board of Commissioners of Long County.
HB 1378. By Representative Stancil of the 66th: A bill to amend an Act creating the board of commissioners of Oconee County so as to change the powers, duties, and authority of the chairman; to provide for duties of the vice chairman; to change the provisions relating to removal or sus pension of the chairman or members of the board of commissioners.
HB 1379. By Representative Stancil of the 66th: A bill to amend an Act creating the board of commissioners of Oconee County so as to change the compensation of the chairman and the other members of the board of Oconee County.
HB 1409. 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 that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Clayton County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 1410. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcombe of the 72nd: A bill to provide that each resident of the Clayton County School District who is 65 years of age or over or permanently disabled and whose gross income from all sources does not exceed $30,000.00 per annum shall be granted an exemption from all Clayton County School District taxes on the full value of such person's homestead owned and occupied by such person as a residence.
HB 718. By Representative Parrish of the 109th: A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to change the provi-

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185

sions relating to requirements for continued active membership in the fund; to provide for an increase in retirement benefits.
HB 1281. By Representatives Hooks of the 116th, Richardson of the 52nd, Childers of the 15th, McKinney of the 35th, Smyre of the 92nd and others:
A bill to exercise the police powers of the state to deal comprehensively with Acquired Immunodeficiency Syndrome (AIDS) and its causative agents, includ ing Human Immunodeficiency Virus (HIV).
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 545. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' li censes, so as to change the provisions relating to requirements for courts to send licenses and reports of convictions to the Department of Public Safety; to change the provisions relating to the payment of fees and the retention of fees. Referred to Committee on Public Safety.
SB 546. By Senators Dean of the 31st and Garner of the 30th:
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 provide for grants to municipal corporations and counties for jails and correctional institutions; to provide for confirmation and ratification of prior grants; to provide for coopera tive agreements between the department and municipal corporations and counties. Referred to Committee on Corrections.
SB 547. By Senator Dawkins of the 45th:
A bill to amend Code Section 34-9-354 of the Official Code of Georgia Annotated, relating to the creation and appointment of the Board of Trustees of the Subse quent Injury Trust Fund, so as to provide that the executive director, rather than the secretary-treasurer, of the State Board of Workers' Compensation shall be an ex officio member of such board of trustees. Referred to Committee on Industry and Labor.
SB 548. By Senator Dawkins of the 45th:
A bill to amend Code Section 17-12-36 of the Official Code of Georgia Annotated, relating to the distribution of certain state appropriated funds under the "Geor gia Indigent Defense Act," so as to change the manner and method of distribut ing such funds; to provide for allocation of such funds. Referred to Committee on Appropriations.
SB 549. By Senators Edge of the 28th, Tysinger of the 41st, Crumbley of the 17th and others:
A bill to amend Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to the visitation rights of grandparents generally, so as to allow a grand parent to file an original pleading to obtain visitation rights to a minor child in the custody of both parents; to provide limitations on the filing of such plead ings; to provide for petitions for revocation or amendment of such visitation rights. Referred to Committee on Children and Youth.

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SB 550. By Senators Gillis of the 20th, English of the 21st and Ray of the 19th:
A bill to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to de fine the practice of professional forestry; to provide for the appointment of the State Board of Registration for Foresters; to revise the qualifications, time for meetings, powers, and records of said board. Referred to Committee on Natural Resources.
SB 551. By Senators Land of the 16th and Hudgins of the 15th:
A bill to amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, so as to change the bag limit for deer; to provide for the hunting of antlerless deer; to provide an effective date. Referred to Committee on Natural Resources.
SB 552. By Senators Land of the 16th, Crumbley of the 17th, Stumbaugh of the 55th and others:
A bill to amend Code Section 16-5-1 of the Official Code of Georgia Annotated, relating to the crime of murder, so as to change the punishment provisions relat ing to the crime of murder; to provide that a person convicted of murder may be punished by life imprisonment without parole under certain conditions. Referred to Committee on Special Judiciary.
SB 553. By Senator Kidd of the 25th:
A bill to amend Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers and employees, so as to provide a method whereby the salaries of major officers of state government shall be pro posed by a State Officers Compensation Commission and by other boards, bodies, and officers, with the salaries so proposed becoming effective unless disapproved by a joint resolution of the General Assembly, approved by the Governor. Referred to Committee on Governmental Operations.
SB 554. By Senator Baldwin of the 29th:
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 LaGrange College. Referred to Committee on Transportation.
SB 555. By Senator Baldwin of the 29th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate merchants who sell personal prop erty in flea markets; to define certain terms; to require licenses; to provide excep tions; to provide for license fees; to require flea market merchants to maintain permanent records of goods purchased for purposes of resale. Referred to Committee on Consumer Affairs.
SR 322. By Senators Land of the 16th, Crumbley of the 17th, Stumbaugh of the 55th and others:
A resolution proposing an amendment to the Constitution so as to prohibit the State Board of Pardons and Paroles from granting a parole to any person con victed of the offense of murder and punished by life imprisonment without pa role; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Special Judiciary.

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187

SR 323. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to direct the General Assembly to provide a method whereby the salaries of major officers of state government shall be proposed by a State Officers Compensation Commis sion and by other boards, bodies, and officers with the salaries so proposed be coming effective unless disapproved by a joint resolution of the General Assem bly; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Governmental Operations.
The following bills of the House were read the first time and referred to committees:
HB 718. By Representative Parrish of the 109th:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to change the provi sions relating to requirements 1 ^ontinued active membership in the fund; to provide for an increase in retirei. t benefits. Referred to Committee on Retirement.
HB 1281. By Representatives Hooks of the 116th, Richardson of the 52nd, Childers of the 15th and others:
A bill to exercise the police powers of the state to deal comprehensively with Acquired Immunodeficiency Syndrome (AIDS) and its causative agents, includ ing Human Immunodeficiency Virus (HIV). Referred to Committee on Human Resources.
HB 1341. By Representative Oliver of the 121st:
A bill to recreate and establish the Board of Commissioners of L, County. Referred to Committee on Urban and County Affairs.
HB 1378. By Representative Stancil of the 66th:
A bill to amend an Act creating the board of commissioners of Oconee County so as to change the powers, duties, and authority of the chairman; to provide for duties of the vice chairman; to change the provisions relating to removal or sus pension of the chairman or members of the board of commissioners. Referred to Committee on Urban and County Affairs.
HB 1379. By Representative Stancil of the 66th:
A bill to amend an Act creating the board of commissioners of Oconee County so as to change the compensation of the chairman and the other members of the board of Oconee County. Referred to Committee on Urban and County Affairs.
HB 1409. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Clayton 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.

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HB 1410. 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 that each resident of the Clayton County School District who is 65 years of age or over or permanently disabled and whose gross income from all sources does not exceed $30,000.00 per annum shall be granted an exemption from all Clayton 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.

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

Mr. President:

The Committee on Natural Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 393. Do pass by substitute.
Respectfully submitted,
Senator Gillis of the 20th 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 by substitute.
Respectfully submitted,
Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 506. Do pass. SB 507. Do pass. HB 1206. Do pass as amended.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

Mr. President:

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

SB 475. Do pass by substitute.

HB 636. Do pass by substitute.

SR 264. Do pass by substitute.

SB 479. Do pass by substitute.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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189

The following bills and resolutions of the Senate and House were read the second time:
SB 7. By Senator Kidd of the 25th:
A bill to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to change the provisions relating to retirement benefits for clerks of the superior court and their spouses who are receiving benefits under this article or who may become eligible for benefits in the future.
SB 15. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide for additional increased retirement benefits; to provide an effective date.
SB 128. By Senator Gillis of the 20th:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Ben efit Fund, so as to change the provisions relating to options to provide benefits for the surviving spouses of retired members; to provide that the benefits for a surviving spouse shall be for the life of the surviving spouse, notwithstanding remarriage of the surviving spouse.
SB 129. By Senator Gillis of the 20th:
A bill to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement Sys tem of Georgia, so as to provide that when a retiree is divorced from the retiree's spouse or when a retiree's spouse dies, certain options may then be revoked.
SB 178. By Senator Barnes of the 33rd:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer"; to thereby authorize membership in the Peace Officers' Annuity and Benefit Fund for employees of the Department of Human Resources who are designated to investigate and apprehend delinquent and unruly children.
SB 221. By Senator Timmons of the llth:
A bill to amend Code Section 47-4-80 of the Official Code of Georgia Annotated, relating to creditable service under the Public School Employees Retirement Sys tem, so as to authorize creditable service for certain prior service; to provide for matters relative thereto; to provide an effective date.
SB 395. By Senator Hine of the 52nd:
A bill to amend Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trusts, so as to change certain provisions relating to trustee powers which render a trust executory and termination of irrevocable executory trusts; to authorize distribution of certain trust property; to provide for certain required findings; to provide for court orders for such distribution.
SB 396. By Senator Hine of the 52nd: A bill to amend Code Section 9-10-91 of the Official Code of Georgia Annotated, relating to grounds for exercising personal jurisdiction over certain nonresidents, so as to provide for the exercise of such jurisdiction over certain nonresidents

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when a claim is asserted against the estate of a deceased citizen of this state and the administrator or executor of such estate seeks to adjudicate the claim as serted against such estate.
SB 420. By Senator Kidd of the 25th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the certification and regulation of professional sanitarians and the licensing and regulation of sanitarians; to define certain terms; to exempt certain persons in other professions from the certifica tion, licensing, and regulatory provisions applicable to professional sanitarians and sanitarians.
SB 423. By Senator Kidd of the 25th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the regulation of athlete agents; to define certain terms; to provide for the effect of personal service contracts between athletes and owners or prospective owners of professional sports teams; to provide for the registration of athlete agents.
SB 429. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A bill to amend Code Section 17-10-3 of the Official Code of Georgia Annotated, relating to punishment for misdemeanors generally, so as to change the provi sions relating to punishment for misdemeanors; to change the provisions relating to confinement; to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Department of Corrections over cer tain misdemeanor offenders, so as to change certain provisions relating to juris diction of the department over misdemeanor offenders.
SB 430. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A bill to amend Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to membership of the Criminal Justice Coordinating Council, so as to add the chairman of the Juvenile Justice Coordinating Council to the council.
SB 431. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for a program of assistance to victims of crime under certain circumstances; to provide for declaration of purpose; to de fine certain terms; to provide for the Georgia Crime Victims Compensation Board and for the appointment and compensation of its members.
SB 434. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to revise the require ments for imposition of periods of probation; to provide for a maximum duration of any period of probation; to provide an effective date.
SB 437. By Senator Peevy of the 48th:
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 create the State Map ping Advisory Board; to provide for appointment and qualification of members; to provide for vacancies; to provide for expenses; to provide for powers, duties, authority, and functions of the board; to provide for meetings.

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191

SB 450. By Senators Langford of the 35th, Tate of the 38th and Scott of the 36th:
A bill to amend Code Sections 17-10-30 of the Official Code of Georgia Anno tated, relating to general provisions applicable to the imposition of the death penalty, so as to provide that the death penalty shall not be imposed upon per sons under 17 years of age or upon mentally retarded persons; to provide for other matters relative to the foregoing; to provide for the applicability of this Act,
SB 471. By Senators Garner of the 30th and Crumbley of the 17th:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to change the provisions relating to persons required to be present at executions; to provide an effective date.
SB 472. By Senators Garner of the 30th, Crumbley of the 17th and Newbill of the 56th:
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 provide that the commissioner of corrections or his designee shall be authorized to make and exe cute contracts and all other instruments necessary or convenient for the exercise of the powers and duties of the board, the commissioner, and the department.
SB 476. By Senators Garner of the 30th, Kennedy of the 4th and Hudgins of the 15th:
A bill to amend Code Section 42-5-35 of the Official Code of Georgia Annotated, relating to the power of the commissioner of corrections to confer police powers on certain persons, so as to authorize the commissioner of corrections to confer police powers upon wardens of county correctional institutions; to provide an ef fective date.
SB 482. By Senators Coleman of the 1st, Barnes of the 33rd, Dean of the 31st and others:
A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to horns, exhaust systems, mirrors, and tires on mo tor vehicles, so as to require certain persons in certain vehicles to use seat belts; to provide a definition; to provide exceptions.
SB 501. By Senator Timmons of the llth:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relating to the board of trustees; to provide an effec tive date.
SB 502. By Senator Bryant of the 3rd:
A bill to amend Code Section 52-2-9 of the Official Code of Georgia Annotated, relating to powers of the Georgia Ports Authority generally, so as to provide that the transfer of property from the Brunswick Port Authority to the Georgia Ports Authority shall not constitute an acquisition of property upon which a lien or encumbrance exists for certain purposes; to provide an effective date.
SB 504. By Senator Bryant of the 3rd:
A bill to authorize the Brunswick Port Authority, created by that Act of the General Assembly approved March 8, 1945, as amended, to assign, convey, grant, or otherwise transfer certain of its property, real, personal, tangible, intangible, or otherwise, to the Georgia Ports Authority (formerly State Ports Authority), created by Code Section 52-2-4 of the Official Code of Georgia Annotated.

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SR 41. By Senators Stumbaugh of the 55th, Kidd of the 25th, Allgood of the 22nd and others:
A resolution proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by initiative petition, statutes and amendments to statutes and amendments to the Constitution; to provide procedures and restrictions connected therewith; to pro vide exceptions; to provide that the provisions shall be self-executing; to provide for the submission of this amendment for ratification or rejection.

SR 263. By Senator Kidd of the 25th:
A resolution directing the Institute of Community and Area Development at the University of Georgia to conduct a thorough assessment of strengths and weak nesses of area planning and development commissions throughout the state.

SR 300. By Senators Crumbley of the 17th, Barnes of the 33rd, Garner of the 30th and Starr of the 44th:
A resolution creating the Commission on Criminal Sanctions and Correctional Facilities.

HB 1195. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change the compensa tion of the Lieutenant Governor; to restate the current salary now received by the Speaker of the House.

HB 1196. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th:
A bill to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers and employees in gen eral, so as to provide that members of the General Assembly may be reimbursed from funds of the executive and judicial branches of state government for service upon advisory and investigative boards, committees, commissions, and other sim ilar entities of the executive and judicial branches.

HB 1223. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th and others:
A bill to amend Code Section 28-4-3 of the Official Code of Georgia Annotated, relating to the Office of Legislative Counsel, so as to authorize the legislative counsel to provide compilation, editorial, and indexing services in connection with the publication of the Acts and resolutions of the General Assembly of Georgia by the Secretary of State.

HR 282. By Representative Phillips of the 120th:
A resolution to ratify a proposed amendment to the Constitution of the United States of America relative to compensation for the services of members of the United States Congress.

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

Albert Allgood Baldwin Barker

Barnes Bowen Brannon Bryant

Coleman Crumbley Dawkins Deal

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193

Dean Echols Edge English !ingr,am TM Fosterer
Harris Harrison Hine Howard Hudgins

Huggins Johnson
Kennedy Kidd
Land LM,,acnGSg.if,lo.l rd Newbill
Olmstead Peevy Perry Phillips Ragan of 10th

Ragan of 32nd Ray
Scott of 2nd Scott of 36th
Shumake SS_ ttuarmr b, augh, Tate
Taylor Timmons Turner Tysinger Walker

Those not answering were Senators:

Broun (excused) Burton

Coverdell

McKenzie

Senator Fincher of the 54th introduced the chaplain of the day, Reverend Bruce Sloane, pastor of the First Baptist Church, Ringgold, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 320. By Senators Starr of the 44th and Crumbley of the 17th:
A resolution commending the Morrow High School varsity football team Coach Bud Theodocion.

SR 321. By Senator Dean of the 31st: A resolution commending Police Chief W.M. Moss.

SR 324. By Senator Baldwin of the 29th: A resolution expressing regret at the passing of Michael C. Daniel.

SR 325. By Senators Foster of the 50th and Langford of the 35th: A resolution commending Dr. Alonzo A. Crim.

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

SENATE LOCAL CONSENT CALENDAR
Thursday, January 28, 1988
NINTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 506 McKenzie, 14th Macon County
Abolishes State Court of county; provides for transfer of all pending civil and criminal cases to the Superior Court of county; provides for disposition of all suits, cases, papers, processes, books, indexes, and all other matters and materials of said court.

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SB 507 McKenzie, 14th Schley County
Changes method of compensation of tax commissioner; provides an effective date.

*HB 1206

Coleman, 1st Scott, 2nd Bryant, 3rd City of Savannah Chatham County
Provides for homestead exemption of $30,000.00 from all city ad valorem taxes for each resident of said city who is 65 years of age or over or who is totally disabled if such resident's net income does not exceed $10,000.00. (AMENDMENT)

The amendment to the following bill was put upon its adoption:

*HB 1206:

The Senate Committee on Urban and County Affairs offered the following amendment: Amend HB 1206 by striking from lines 5 and 17 of page 1 and from line 21 of page 3 the following: "$10,000.00", and inserting in lieu thereof the following: $11,500.00".

On the adoption of the amendment, the yeas were 49, 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
Bwen Brannon
ify*nt CpCro,ulemmbaleny Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis
Harris Hine
Howard HHuugdgg6mi. nss Johnson Kennedy Kidd Land Langford McGill

Newbill Olmstead Peevy Perry Phillips
Ragan of 10th Ray
Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Turner Tysinger Walker

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195

Those not voting were Senators:

Broun (excused) Coverdell Harrison

McKenzie Ragan of 32nd

Stumbaugh Timmons

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 1206, having received the requisite constitutional majority, were passed.

HB 1206, having received the requisite constitutional majority, was passed as amended.

SENATE CALENDAR
Thursday, January 28, 1988
NINTH LEGISLATIVE DAY
SB 158 Property Sales Under Execution--time of sales (Amendment) (Gov Op--51st)
SB 421 Expectant Mother--payment of lost wages (C&Y--25th) SB 422 Child-Placing Agency Arranging Adoption--special needs children (Substitute)
(C&Y--25th)
SB 440 Grain Dealers--examination of accounts of unlicensed (Substitute) (Ag--24th)
SB 441 Warehouseman Operating More than One Warehouse--one license (Substitute) (Ag--24th)
SB 449 Tiger Swallowtail--designate as official state butterfly (Nat R--4th) SR 277 Baldwin County State Property--easement for 115 KV transmission line (Pub
U--25th)
SR 278 Baldwin County State Property--easement for overhead transmission tap line (Amendment) (Pub U--25th)
SR 282 Paulding County--easement under State Property for lightguide cable (Pub U--31st)
HB 516 Alcoholic Beverages--prohibit certain sexual conduct on premises where sold (C Art--9th)
HB 598 Estateswhen executor required to file inventories and returns (Substitute) (Judy--47th)
HB 778 Homestead Exemptionschange income qualifications those 62 years old (B&F--15th)

The following general bill of the Senate, having been read the third time on February 24, 1987, and postponed to February 25, 1987, committed to the Senate Committee on Gov ernmental Operations on February 25, 1987, and favorably reported by the committee, was put upon its passage:

SB 158. By Senator Brannon of the 51st:
A bill to amend Code Section 9-13-161 of the Official Code of Georgia Annotated, relating to where and when sales under execution are held, so as to change the provisions relating to time of sales.

The Senate Committee on Governmental Operations offered the following amendment: Amend SB 158 by deleting from lines 17 and 18 of page 1 the following: "or a time to be determined by the sheriff or coroner".

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JOURNAL OF THE SENATE

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes Bo^en
Brannon oBCrouylreftom"nan Crumbley Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Garner
Gillis Harris Hine
Howard Hu"uu^dgmi nss Johnson Kennedy Kidd Land McGill McKenzie Newbill Olmstead

Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray
Scott of 2nd SSouhcoutmt aokife36th ^tarr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Coverdell

Harrison

Langford

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

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

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 421. By Senator Kidd of the 25th:
A bill to amend Code Section 19-8-19 of the Official Code of Georgia Annotated, relating to unlawful advertisements and inducements with respect to adoptions, so as to authorize the payment of lost wages or living expenses of an expectant mother during a certain period of pregnancy.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Bowen

Brannon Bryant Burton

THURSDAY, JANUARY 28, 1988

197

Coleman Crumbley Dawkins Deal
,,Kvhinngggfhr.asm,h Fincher Foster Garner Gillis Harris Howard

Hudgins Huggins Johnson
Kennedy Kidd Land L,M,,,acnGg.if.lo.l rd McKenzie Newbill Olmstead Peevy Perry Phillips

Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th Shumake SS,, ttuarmr b, augBh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun (excused)

Harrison

Hine

Coverdell

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

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

SB 422. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with respect to programs and protection for children and youth, so as to provide pay ments to licensed child-placing agencies which arrange adoptions for special needs children who would otherwise remain in foster care at state expense.

The Senate Committee on Children and Youth offered the following substitute to SB 422:

A BILL
To be entitled an Act to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with respect to programs and protection for children and youth, so as to provide payments to licensed child-placing agencies which arrange adoptions for special needs children who would otherwise remain in foster care at state expense; to limit the amount of such pay ments; to provide for a licensed child-placing agency to reimburse the state a certain amount when such an adoption disrupts prior to finalization; to provide an effective date conditioned on the appropriation of funds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with respect to programs and protection for children and youth, is amended by striking in its entirety paragraph (7) of subsection (a) and inserting in lieu thereof a new paragraph (7) to read as follows:
"(7) Adoption services, as follows:
(A) Supervising the work of all child-placing agencies;
(B) Providing services to parents desiring to surrender children for adoption as pro vided for in adoption statutes;

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(C) Providing care or payment of maintenance costs for mothers bearing children out of wedlock and children being considered for adoption;
(D) Inquiring into the character and reputation of persons making application for the adoption of children;
(E) Placing children for adoption;
(F) Providing financial assistance after the consummation of a legal adoption to families adopting children who would otherwise remain in foster care at state expense. Financial assistance may only be granted for hard-to-place children with physical, mental, or emo tional handicaps or with other problems for whom it is difficult to find a permanent home. Financial assistance may not exceed 75 percent of the amount paid for boarding such child and for special services such as medical care not available through insurance or public facili ties. Such supplements shall only be available to families who could not provide for the child adequately without continued financial assistance. The department may review the supplements paid at any time but shall review them at least annually to determine the need for continued assistance; and
(G) Providing payment to a licensed child-placing agency which places such child for adoption after the state was otherwise unable to arrange an adoption for such child under the jurisdiction of the department and such child would otherwise remain in foster care at state expense. Payment may only be granted for a special needs child. Payment may not exceed $4,000.00 for each such adoption shall be arranged by an agency. One-half of such payment shall be made at the time of placement and the remaining amount shall be paid when the adoption is finalized. If the adoption disrupts prior to finalization, the state shall be reimbursed by the child-placing agency in an amount calculated on a prorated basis based on length of time the child was in the home and the services provided;".
Section 2. This Act shall become effective no later than six months after the General Assembly appropriates funds for the implementation of the Act.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols Edge

Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Muggins Johnson Kennedy Kidd Land Langford

McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate

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199

Taylor Timmons

Turner Tysinger

Walker

Those not voting were Senators:

Broun (excused)

Coverdell

English

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

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

SB 440. By Senators McGill of the 24th, Ray of the 19th, English of the 21st and others:
A bill to amend Code Section 2-9-41 of the Official Code of Georgia Annotated, relating to investigations of grain dealers or persons, partnerships, corporations, or other entities engaging in transactions involving grain, so as to provide for examination of the ledgers, books of accounts, memoranda, and other documents of unlicensed persons, partnerships, corporations, or other entities.

The Senate Committee on Agriculture offered the following substitute to SB 440:

A BILL
To be entitled an Act to amend Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to provide that the financial statements of certain applicants for a license or renewal shall be exempt from certain audit and certifi cation requirements; to provide for examination of the ledgers, books of accounts, memo randa, and other documents of unlicensed persons, partnerships, corporations, or other enti ties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, is amended by striking paragraph (3) of subsection (b) of Code Section 2-9-32, relating to application for a license or renewal, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Except as otherwise provided in this paragraph, each applicant shall have the fi nancial statements required in paragraph (1) of this subsection audited by an independent certified public accountant. Alternatively, financial statements audited or reviewed by an independent public accountant will be accepted with the understanding that the applicant will be subject to an additional on-site examination by the Commissioner and to an audit by the Commissioner. Audits and reviews by independent certified public accountants and in dependent public accountants specified in this Code section shall be made in accordance with standards established by the American Institute of Certified Public Accountants. The accountant's certification, assurances, opinion, comments, and notes on such statements, if any, shall be furnished along with the statements. Applicants who cannot immediately meet these requirements may apply to the Commissioner for a temporary waiver of this provision. The Commissioner may grant such waiver for a temporary period not to exceed 180 days if the applicants can furnish evidence of good and substantial reasons therefor. This para graph shall not be applicable to any applicant who maintains a bond in the maximum amount required by subsection (a) of Code Section 2-9-34."
Section 2. Said article is further amended by striking subsection (b) of Code Section 29-41, relating to investigations of grain dealers or persons, partnerships, corporations, or other entities engaging in transactions involving grain, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) For such purposes, the Commissioner or his agents may examine the ledgers, books of accounts, memoranda, and other documents which relate to the transaction involved, at

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JOURNAL OF THE SENATE

the place or places of business of the applicant, licensee, or unlicensed person, partnership, corporation, or other entity, and may take testimony thereon under oath."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

The report of the committee, which was favorable to the passage of the 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 Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols Edge English

Engram Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Coverdell

Fincher Howard

McKenzie

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

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

SB 441. By Senators McGill of the 24th, Ray of the 19th, English of the 21st and others:
A bill to amend Code Section 10-4-10 of the Official Code of Georgia Annotated, relating to the annual license required for the operation of a warehouse under the "Georgia State Warehouse Act," so as to provide that if a warehouseman oper ates two or more warehouses in the same county, only one license shall be re quired for the operation of all such warehouses; to change the provisions relating to licenses.

The Senate Committee on Agriculture offered the following substitute to SB 441:

A BILL
To be entitled an Act to amend Code Section 10-4-10 of the Official Code of Georgia Annotated, relating to the annual license required for the operation of a warehouse under the "Georgia State Warehouse Act," so as to provide that if a warehouseman operates two or more warehouses in the same county, in conjunction with each other and if but one set of

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201

books and records is kept with respect to weight certificates, scale tickets, inspection certifi cates, and receipts issued for agricultural products stored in all such warehouses, only one license shall be required for the operation of all such warehouses; to change the provisions relating to licenses; to provide that the financial statements of certain applicants for a li cense or renewal shall be exempt from certain audit and certification requirements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 10-4-10 of the Official Code of Georgia Annotated, relating to the annual license required for the operation of a warehouse under the "Georgia State Warehouse Act," is amended by striking subsections (a) and (c) and inserting in lieu thereof new subsections (a) and (c) to read as follows:
"(a) No person shall operate a warehouse as defined under this article in this state unless he has a valid, effective license issued by the Commissioner pursuant to this article for such warehouse; provided, however, that this provision shall not prohibit the delivery of property received at a warehouse prior to July 1, 1954, or during the effective period of any license issued under this article for such warehouse. All such licenses shall expire on June 30 of each year. No license so issued shall describe more than one warehouse nor grant permis sion to operate any warehouse other than the one described therein, except that, if a ware houseman operates two or more warehouses in the same county, in conjunction with each other and if but one set of books and records is kept with respect to weight certificates, scale tickets, inspection certificates, and receipts issued for agricultural products stored in all such warehouses, only one license shall be required for the operation of all such warehouses."
"(c) (1) Each applicant for a license or renewal shall furnish with his application a current financial statement which shall include:
(A) A balance sheet;
(B) A profit and loss statement of income;
(C) A statement of retained earnings; and
(D) A statement of changes in financial position.
(2) The chief executive officer for the business shall certify under penalties of perjury that the statements as prepared accurately reflect the financial condition of the business as of the date named and fairly represent the results of operations for the period named.
(3) Except as otherwise provided in this paragraph, each applicant shall have the finan cial statements required in paragraph (1) of this subsection audited by an independent cer tified public accountant. Alternatively, financial statements audited or reviewed by an inde pendent public accountant will be accepted with the understanding that the applicant will be subject to an additional on-site examination by the Commissioner and to an audit by the Commissioner. Audits and reviews by independent certified public accountants and inde pendent public accountants specified in this Code section shall be made in accordance with standards established by the American Institute of Certified Public Accountants. The ac countant's certification, assurances, opinion, comments, and notes on such statements, if any, shall be furnished along with the statements. Applicants who cannot immediately meet these requirements may apply to the Commissioner for a temporary waiver of this provision. The Commissioner may grant such waiver for a temporary period not to exceed 180 days if the applicants can furnish evidence of good and substantial reasons therefor. This para graph shall not be applicable to any applicant who maintains a bond in the maximum amount required by subsection (a) of Code Section 10-4-12."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Crumbley Dawkins Deal Dean Echols Edge English Engram Fincher

Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert

Coleman

Land

Broun (excused)

Coverdell

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

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

SB 449. By Senators Kennedy of the 4th, McKenzie of the 14th, Baldwin of the 29th and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the tiger swallow tail as the official state butterfly; to provide for related matters.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman

Crumbley Dawkins Deal Dean Echols Edge English Engram Fincher Foster

Garner Gillis Harris Harrison Hine Hudgins Huggins Johnson Kennedy Kidd

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203

Land Langford Mcm MNecwKbeinllzie Olmstead Peevy Perry

Phillips Ragan of 10th Ragan of 32nd DRay Scott of 2nd Scott of 36th Shumake

Starr Stumbaugh Tate TMTayl, or Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Coverdell

Howard

Timmons

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

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

SR 277. By Senator Kidd of the 25th:
A resolution granting a nonexclusive easement for construction, operation and maintenance of a 115 kV transmission line over or under property owned by the State of Georgia in Baldwin County, Georgia; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Bryant Burton Coleman Crumbley Dawkins Deal
Dean Echols Edge English Engram

Fincher Foster Garner Gillis Harris Harrison Howard Hudgins Huggins Johnson Kennedy Kidd
Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh
Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Broun (excused)

Coverdell Hine

Taylor

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

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

SR 278. By Senator Kidd of the 25th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of an overhead transmission tap line over property owned by the State of Georgia in Baldwin County, Georgia; to provide an effective date.

The Senate Committee on Public Utilities offered the following amendment: Amend SR 278 by striking from line 10 of page 4 the following: "$5,000.00", and inserting in its place the following: "$7,000.00".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon
Co,leman DCrauwmkbinles y
Deal Dean Echols Edge English Engram

Fincher Foster Garner Gillis Harris Harrison
ine
Hudgms JHouhgngsionns
Kennedy Kidd Land Langford McGill Newbill

Olmstead Peevy Perry Phillips Ragan of 32nd ^
Scott of 36th Shumake
Stumb, augh
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Broun (excused)

Coverdell McKenzie

Ragan of 10th Scott of 2nd

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

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

SR 282. By Senator Dean of the 31st:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a lightguide cable under property owned by the State of Georgia in Paulding County, Georgia; to provide an effective date.

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205

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 Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols Edge English Engram

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

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Bowen Broun (excused)

Coverdell McKenzie

Timmons

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

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

The following general bill of the House, having been unfavorably reported by the com mittee and the adverse committee report disagreed to on January 26, 1988, was read the third time and put upon its passage:

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.
Senate Sponsor: Senator Phillips of the 9th.

Senator Scott of the 2nd offered the following amendment:
Amend HB 516 by adding in the title on line 17 of page 1, following the second semico lon and preceding the words "to provide an", the following:
"to provide certain exceptions;".
By deleting the quotation marks at the end of line 27 on page 3.
By adding between lines 27 and 28 on page 3 the following:
"3-3-47. Notwithstanding any other provisions of this article, the prohibition in para graph (3) of subsection (a) of Code Section 3-3-41 shall not apply to any operator of licensed premises on which such activity covered under paragraph (3) of subsection (a) of Code Sec-

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tion 3-3-41 is permitted through licensure or permit on the effective date of this article; provided, however, that such operator does not relocate the licensed premises on other prop erty and provided that said license or permit authorizing such activity is not transferred. Nothing in this Code section shall prohibit a county or municipality from revoking a license or permit which authorizes activity covered under paragraph (3) of subsection (a) of Code Section 3-3-41.'"

On the adoption of the amendment offered by Senator Scott of the 2nd, Senator Phil lips of the 9th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Bryant Hudgins

Kidd Langford Scott of 2nd Scott of 36th

Shumake Tate Walker

Those voting in the negative were Senators:

Baldwin Barker Barnes Bowen Brannon
Burton
Sulbby Dawkins Deaj Dean Echols Edge English Engram

Fincher Foster Garner Gillis Harris
Harrison
"ine . "oward Huggms Johnson Kennedy Land McGill McKenzie

Newbill Olmstead Peevy Perry Phillips
Ragan of 10th
f 32nd Ray Starr Stumbaugh Taylor Timmons Turner Tysinger

Not voting were Senators Broun (excused) and Coverdell.

On the adoption of the amendment, the yeas were 11, nays 43, and the amendment offered by Senator Scott of the 2nd was lost.

Senators Scott of the 2nd and Allgood of the 22nd offered the following amendment:
Amend HB 516 by striking in its entirety Section 2 on lines 28 and 29 on page 3, which reads as follows:
"Section 2. This Act shall become effective July 1, 1987.",
and inserting in lieu thereof the following:
"Section 2. This Act shall become effective January 1, 1989."
On the adoption of the amendment offered by Senators Scott of the 2nd and Allgood of the 22nd, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood

Barker Bowen

Bryant Coleman

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207

English Hine Hudgins Kennedy Kidd

Langford Peevy Perry Scott of 2nd Scott of 36th

Shumake Tate Taylor Turner Walker

Those voting in the negative were Senators:

Baldwin Barnes Brannon Burton Crumbley Dawkins Deal Dean Echols Edge Engram

Fincher Foster Garner Gillis Harris Harrison Howard Huggins Johnson Land McGill

McKenzie Newbill Olmstead Phillips Ragan of 10th Ragan of 32nd Ray Starr Stumbaugh Timmons Tysinger

Not voting were Senators Broun (excused) and Coverdell.

On the adoption of the amendment, the yeas were 21, nays 33, and the amendment offered by Senators Scott of the 2nd and Allgood of the 22nd was lost.

Senators Albert of the 23rd and Allgood of the 22nd offered the following substitute to HB 516:

A BILL
To be entitled an Act 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 authorize coun ties and municipalities to prohibit certain nude and sexual conduct on premises where alco holic beverages are sold or dispensed for consumption on the premises, to prohibit the use of devices or objects to perform or simulate such conduct on such premises, to prohibit the showing and display of pictures and other reproductions and images depicting such conduct on such premises, and to prohibit the removal of drinks from such premises for certain purposes; to define certain terms; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages in general, is amended by adding at the end thereof a new Article 3 to read as follows:
"ARTICLE 3
3-3-40. As used in this article, the term:
(1) 'Licensed premises' means any premises in which alcoholic beverages are sold or dispensed for consumption on the premises and shall include any premises which are re quired by law to be licensed to sell or dispense alcoholic beverages for consumption on the premises.
(2) 'Operator' means and includes the owner, license holder, operator, manager, and person in charge of any licensed premises.
3-3-41. Each county shall be authorized to prohibit within the unincorporated area of the county and each municipality may prohibit within its boundaries:
(1) The performance on licensed premises of acts which constitute or simulate:

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(A) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law;

(B) The touching, caressing, or fondling of the breast, buttocks, anus, or genitals; or

(C) The displaying of any portion of the female breast below the top of the areola or the displaying of any portion of any person's pubic hair, anus, cleft of the buttocks, vulva, or genitals;

(2) The use on licensed premises of artificial devices or inanimate objects to perform, simulate, or depict any of the prohibited conduct or activities described in paragraph (1) of this subsection;

(3) The showing, displaying, or exhibiting, on licensed premises, of any film, still pic ture, electronic reproduction, or any other visual reproduction or image of any act or con duct described in paragraph (1) of this subsection;

(4) Any operator from knowingly permitting any person in the licensed premises to view from the licensed premises, by glass partition or other artifice, an act or conduct described in paragraph (1) of this subsection and performed on premises other than the licensed premises; or

(5) Any operator from knowingly permitting any person to remove any alcoholic bever age sold or dispensed on the licensed premises to adjacent or other premises for the purpose of viewing any conduct or activity described in paragraph (1) of this subsection; provided, however, that this paragraph shall not be applicable to a person who removes an alcoholic beverage to his home or place of abode.

3-3-42. (a) Any governing authority desiring to prohibit any or all conduct listed in Code Section 3-3-41 may prohibit any such conduct by passage of a proper resolution or ordinance. A governing authority may elect by resolution of its governing authority to have a referendum on such issue. If the question in the referendum provided for in subsection (b) of this Code section is approved by the voters, a governing authority shall be required to prohibit by ordinance all conduct covered by Code Section 3-3-41.

(b) (1) A referendum authorized in subsection (a) of this Code section shall be con ducted as provided in this subsection.

(2) Not less than ten nor more than 60 days after the date of approval of such resolu tion by the governing authority, it shall be the duty of the election superintendent of the county or municipality to issue the call for an election for the purpose of submitting the question of nude dancing and sexual activities on stage to the electors of the county or municipality for approval or rejection. The superintendent shall set the date of the election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published in the official organ of the county once a week for two weeks immediately preceding the date thereof. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the governing authority of (name of municipality or county) be di rected to prohibit nude dancing and sexual activities on stage in premises licensed to sell alcoholic beverages by the drink?"

(3) All persons desiring to vote for approval of such prohibition shall vote 'Yes,' and those persons desiring to vote for rejection of governmental prohibition shall vote 'No.' If more than one-half of the votes cast on the question are for approval of such prohibition, the governing authority shall by appropriate ordinance prohibit all activities covered in Code Section 3-3-41.

(4) The expense of the election shall be borne by the county or municipality in which the election is held. It shall be the duty of the superintendent to hold and conduct the election. It shall be his further duty to certify the result thereof to the Secretary of State."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

THURSDAY, JANUARY 28, 1988

209

Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute to HB 516 offered by Senators Albert of the 23rd and Allgood of the 22nd, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Bryant Dawkins Engram

Garner Hine Hudgins Kidd Langford McGill

Peevy Scott of 2nd Scott of 36th Shumake Tate Walker

Those voting in the negative were Senators:

Baldwin Barnes Bowen Brannon Burton Coleman Crumbley Deal Dean Echols Edge English

Fincher Foster Gillis Harris Harrison Howard Muggins Johnson Kennedy Land McKenzie Newbill

Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Ray Starr Stumbaugh Taylor Timmons Turner Tysinger

Not voting were Senators Broun (excused) and Coverdell.

On the adoption of the substitute, the yeas were 18, nays 36, and the substitute to HB 516 offered by Senators Albert of the 23rd and Allgood of the 22nd was lost.

Senator Kidd of the 25th offered the following amendment:
Amend HB 516 by adding on line 17 of page 1, between the first semicolon and the word "to", the following:
"to prohibit certain dancing in Georgia;".
By deleting the quotation marks at the end of line 27 on page 3 and by adding between lines 27 and 28 on page 3 the following:
"3-3-47. It shall be unlawful for any person to dance in this state unless such person is fully clothed from above the top of the nipples of the breast to two inches below the bottom of the buttocks on the torso of the body. Any person who violates this Code section shall be guilty of a misdemeanor of a high and aggravated nature.' "

On the adoption of the amendment offered by Senator Kidd of the 25th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Bryant Coleman English

Engram Garner Harris Hudgins Kennedy Kidd

Langford McGill Olmstead Scott of 2nd Scott of 36th Shumake

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Tate

Taylor

Walker

Those voting in the negative were Senators:

Baldwin Barnes Bowen Brannon Burton Crumbley Dawkins Deal Dean Echols Edge

Fincher Foster Gillis Harrison Mine Howard Huggins Johnson Land McKenzie Newbill

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Starr Stumbaugh Timmons Turner Tysinger

Not voting were Senators Broun (excused) and Coverdell.

On the adoption of the amendment, the yeas were 21, nays 33, and the amendment offered by Senator Kidd of the 25th was lost.

The Senate's disagreement to the unfavorable report of the committee was agreed to.

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

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Bowen Brannon Brvant
BC1o"l*em011an Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris
2Hoawmasrod,n Huggins Johnson Kennedy Kidd Land McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of I0th
RRagan of 32nd a^
btaTM Stumbaugh Tay'or Timmons Turner Tysinger

Those voting in the negative were Senators:

Albert Allgood Hine

Hudgins Scott of 36th

Shumake Walker

Those not voting were Senators:

Broun (excused)

Langford

Tate

Coverdell

Scott of 2nd

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

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

THURSDAY, JANUARY 28, 1988

211

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

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.
Senate Sponsor: Senator Johnson of the 47th.

The Senate Committee on Judiciary offered the following substitute to HB 598:

A BILL
To be entitled an Act 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; 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. Article 3 of Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to appraisement and inventory of estates, is amended by striking Code Section 537-79, relating to dispensing with inventory and returns, and inserting in its place a new Code section to read as follows:
"53-7-79. A testator may, by will, dispense with the necessity of his executor's making an inventory or returns, provided the same does not work any injury to creditors or third persons, other than legatees under the will. If a will was executed in another state and the will is valid in this state and under the laws of the state where the will was executed the executor would not have been required to file inventories and returns, or if the will other wise expresses an intent to relieve the executor from all reporting requirements, such a will shall be construed as dispensing with the necessity of inventories and returns in Georgia, provided the same does not work any injury to creditors or third persons, other than lega tees under the will."
Section 2. This Act shall become effective July 1, 1988, and shall apply to proceedings commenced on or after said effective date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon

Bryant Burton Coleman Crumbley Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis

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Harris Harrison
Hine
JKTMoehnsnnssTMeodny
Kidd Land Langford McGill

McKenzie Newbill
Olmstead
,*P,e?e%vy
Phillips Ragan of 10th Ragan of 32nd Ray

Scott of 2nd Scott of 36th
Shumake
s0Stt,aurmr b, augh,
Tate Timmons Turner Tysinger

Voting in the negative was Senator Taylor.

Those not voting were Senators:

Broun (excused) Coverdell

Dawkins Howard

Hudgins Walker

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

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

HB 778. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd and others:
A bill to amend Code Section 48-5-52 of the Official Code of Georgia Annotated, relating to homestead exemptions from school district ad valorem taxation for residents who are 62 years of age or over and who meet certain income qualifica tions, so as to change the income qualifications for such homestead exemption; to provide for a referendum and for effectiveness conditioned upon referendum approval.
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 18, 1987

Subject:

Fiscal Note - House Bill 778 (LC 14 4563) Ad Valorem Taxation: Homestead Exemption--Elderly

This Bill would increase the maximum household gross income level allowed for the school district ad valorem taxation exemption from $8,000 to $10,000 per year for residents aged 62 or older. When the exemption is first sought, the owner of the homestead must file an affidavit with the proper authority by the tax return filing deadline. The Bill requires a referendum to be held in conjunction with the 1988 presidential preference primary. If ap proved by a simple majority, the Bill would become effective immediately.

THURSDAY, JANUARY 28, 1988

213

This Bill would not have any effect on State tax collections. The fiscal impact of this Bill upon local government revenue collections cannot be determined since the number of homeowners aged 62 or older earning from $8,000 to $10,000 per year and the assessed value of their property are not known. It should be noted that there would be a slight administra tive cost incurred by the Department of Revenue in supplying revised forms to the counties.

/a/ G. W. Hogan State Auditor

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

Senator Deal of the 49th offered the following substitute to HB 778:

A BILL
To be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to change the income qualifications for certain homestead exemptions for individuals over certain ages; to provide for a referendum and for effectiveness conditioned upon referendum approval; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, is amended by striking Code Section 48-5-47, relating to homestead exemptions for individuals who are 65 years of age or over and who meet certain income qualifications, and insert in its place a new Code section to read as follows:
"48-5-47. (a) Article VII, Section II, Paragraph IV of the Constitution of the State of Georgia ratified in 1982 continued in effect as statutory law, until otherwise provided for by law, those types of exemptions from ad valorem taxation in effect on June 30, 1983. One such exemption is the homestead exemption granted to certain individuals 65 years of age or over by the seventh unnumbered subparagraph of Article VII, Section I, Paragraph IV of the Constitution of 1976. Pursuant to said provision of the Constitution ratified in 1982, the homestead exemption formerly granted by said provision of the Constitution of 1976 is su perseded and modified as provided in subsection (b) of this Code section.
(b) Each person who is sixty-five (65) years of age or over is hereby granted an exemp tion from all State and county ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $10,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this subsection, net income shall not include income received as retirement, survivor or disability benefits under the federal Social Security Act or under any other public or private retire ment, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the federal Social Se curity Act, and income from such sources in excess of such maximum amount shall be in cluded as net income for the purposes of this subsection. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commis sioner or tax receiver shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now

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exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has once been allowed the ex emption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner or tax receiver in the event he becomes ineligible for any reason for the exemption provided in this subsection.
(c) The application for the homestead exemption of individuals 65 years of age or older provided for by subsection (b) of this Code section shall be in the form prescribed by the commissioner. The application shall require the applicant's social security number. The tax commissioner or tax receiver shall be authorized to have the statement of income of any claimant verified by the department upon sending the social security number of a claimant to the department."
Section 2. Said part is further amended in Code Section 48-5-52, relating to homestead exemptions from school district ad valorem taxation for residents who are 62 years of age or over and who meet certain income qualifications, by striking subsections (a) and (b) and inserting in their place new subsection (a) and (b) of Code Section 48-5-52 to read as follows:
"(a) The homestead of each resident of each independent school district and of each county school district within this state who is 62 years of age or over and who, for the purposes of all tax years beginning on or after January 1, 1988, has a gross income from all sources, including the income of all members of the family residing within the homestead, not exceeding $10,000.00 per annum, is exempted from all ad valorem taxes for educational purposes levied by, for, or on behalf of any such school system, including taxes to retire school bond indebtedness. The exemption shall not exceed $10,000.00 of the homestead's assessed value.
(b) (1) The exemption provided for in subsection (a) of this Code section shall not be granted unless an affidavit of the owner of the homestead, prepared upon forms prescribed by the commissioner for that purpose, is filed with either the tax receiver or tax commis sioner, in the case of residents of county school districts, or with the governing authority of the owner's city, in the case of residents of independent school districts.
(2) The affidavit shall in the first year for which the exemption is sought be filed on or before the last day for making a tax return and shall show the:
(A) Age of the owner on January 1 immediately preceding the filing of the affidavit;
(B) Total amount of income received by the owner from all sources during the immedi ately preceding calendar year;
(C) Total amount of income received from all sources by each individual member of the owner's family residing within the homestead; and
(D) Such additional information as may be required by the commissioner.
(3) Copies of all affidavits received or extracts of the information contained in the affi davits shall be forwarded to the commissioner by the various taxing authorities with whom the affidavits are filed. The commissioner is authorized to compare such information with information contained in any income tax return, sales tax return, or other tax documents or records of the department and to report immediately to the appropriate county or city tax ing authority any apparent discrepancies between the information contained in any affidavit and the information contained in any other tax records of the department.
(4) After the owner has filed the affidavit and has once been allowed the exemption provided for this Code section, it shall not be necessary to make application and file the affidavit thereafter for any year and the exemption shall continue to be allowed to such owner; provided, however, that it shall be the duty of any such owner to notify the tax commissioner or tax receiver in the event the owner becomes ineligible for any reason for the exemption provided for in this Code section."

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Section 3. The Secretary of State shall call and conduct a referendum for the approval or disapproval of this Act on the date of and in conjunction with the 1988 presidential preference primary. The Secretary of State shall cause the date and purpose of the referen dum to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Act be approved which: (1) increases from $8,000.00 to $10,000.00 the maximum amount of gross annual income which a person 62 years of age or over may receive in order to be eligible for an increased homestead exemption from ad valorem school taxes; and (2) increases from $8,000.00 to $10,000.00 the maximum amount of income (exclusive of certain retirement, pension, and disability income) which a person 65 year of age or over may receive in order to be eligible for an increased exemption from ad valorem taxes?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 and 2 of this Act shall become effective immediately. If a taxpayer files a proper affidavit on or before the last day for filing his or her tax return in 1988, then Sections 1 and 2 of the Act shall apply with respect to such taxpayer's 1988 and future ad valorem taxes; and otherwise Sections 1 and 2 of this Act shall apply to any taxpayer who has so filed a timely affidavit at any time thereafter.

Nothing in this Act shall require any person who qualified for any homestead exemp tion under prior law to reapply in order to be allowed the exemption.

Section 4. Notwithstanding any other contrary provision of this Act, if for any reason the special election called for by this Act cannot lawfully be held on the date of and in conjunction with the March, 1988, presidential preference primary, then such special elec tion shall be held on the date of and in conjunction with the November, 1988, general elec tion and the provisions of Sections 1 and 2 of this Act shall become effective, if approved by the voters, on January 1, 1989.

Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Land of the 16th offered the following amendment:
Amend the substitute to HB 778 offered by Senator Deal of the 49th by striking on page 2, line 12, page 4, line 15, page 6, line 15 and line 21 the amount "$10,000.00" and inserting in its place "$11,500.00".

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

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted as amended.

The President announced that, pursuant to Senate Rule 143, consideration of the sub stitute and bill will be suspended until the next meeting day of the Senate, Friday, January 29.

Serving as doctor of the day today was Dr. Bernice Karnett of Atlanta, Georgia.

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

At 12:58 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Friday, January 29, 1988 Tenth Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Scott of the 2nd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1421. By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th, Moultrie of the 93rd, Smyre of the 92nd and others: A bill to amend the charter of the county-wide government of Columbus, Geor gia, and the Act ratifying, confirming, enacting, and incorporating said charter, so as to change the provisions relating to the Board of Tax Assessors for the consoli dated government.
HB 1212. By Representative Buck of the 95th: 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 Peace Officers' Annuity and Benefit Fund of Georgia and the Georgia Firemen's Pension Fund for the inclusion in the health insurance plan of employees of such funds and their spouses and dependent children.
HB 358. By Representative Johnson of the 72nd: A bill to amend Code Section 47-2-29 of the Official Code of Georgia Annotated, relating to postretirement benefit adjustments under the Employees' Retirement System of Georgia, so as to provide for a one-time cost-of-living increase in bene fits for certain beneficiaries under said retirement system.
HB 357. By Representative Johnson of the 72nd: A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and other benefits under the Teachers Retire ment System of Georgia, so as to provide for a postretirement benefit adjust ment; to provide for a definition and for other matters relative thereto.
HB 106. By Representatives Reaves of the 147th and Bostick of the 138th: A bill to amend Code Section 47-6-70 of the Official Code of Georgia Annotated, relating to creditable service under the Georgia Legislative Retirement System, so as to authorize creditable service for certain prior service as a member of the General Assembly.

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217

HB 1276. By Representatives Dover of the llth and Murphy of the 18th:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to authorize local boards of edu cation to vary the length of school years under certain circumstances.
HB 1307. By Representative Jackson of the 9th:
A bill to amend Code Section 40-2-30 of the Official Code of Georgia Annotated, relating to the issuance of and fees for license plates, so as to change the date for the payment of a portion of certain fees.
HB 305. By Representative Reaves of the 147th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commis sions, etc., being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Georgia Agricultural Exposition Authority shall become members of said retirement system.
HB 1244. By Representatives Cox of the 141st, Bargeron of the 108th, Greene of the 130th and Lord of the 107th:
A bill to amend Part 2 of Article 5 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fishing license reciprocity with other states, so as to provide for reciprocity with adjoining states for honorary fishing licenses is sued to blind persons.
HB 1308. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th:
A bill to amend Code Section 40-2-65 of the Official Code of Georgia Annotated, relating to Georgia National Guard license plates, so as to authorize a distinctive license plate for retired members of the Georgia National Guard.
HB 1328. By Representative Jackson of the 9th:
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, so as to pro vide for the registration of leased vehicles; to provide for the waiver of certain penalties; to eliminate the requirement of a police report if the license plate is mutilated but still legible; to provide for five-year metal license plates.
HB 1334. By Representatives Jackson of the 9th and Johnson of the 72nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to authorize the department to correct records which contain improper, false, fraudulent, or invalid information.
HB 1337. By Representatives Jackson of the 9th, Pinkston of the 100th and Buford of the 103rd:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators, so as to provide that a person who has been de clared to be a habitual violator and who has had his driver's license revoked and who is convicted of operating a motor vehicle before he has been issued a driver's license or before the expiration of five years shall be guilty of a felony.

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HB 1272. By Representatives Chambless of the 133rd, Thomas of the 69th, Smyre of the 92nd and others:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to revise and replace the laws relating to business corporations.
HB 1169. By Representatives Porter of the 119th, Ware of the 77th, Buck of the 95th and Moore of the 139th:
A bill to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to authorize the use of pharmaceutical agents for treatment purposes by optometrists.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 628. By Representatives Alien of the 127th, Mueller of the 126th, Johnson of the 123rd and others:
A resolution creating the Study Committee on Property Assessment in Chatham County.
HR 652. By Representatives Hamilton of the 124th, Pannell of the 122nd, Alien of the 127th and others:
A resolution creating the Chatham County Homestead Exemption Study Commission.
The House 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 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 Speaker has appointed on the part of the House, Representatives Alford of the 57th, Barnett of the 10th and Couch of the 40th.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 1267. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd and others:
A bill to amend an Act providing for appropriations for the State Fiscal Year 1987-1988 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1987-1988.

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The following bills of the Senate were introduced, read the first time and referred to committees:
SB 556. By Senator Howard of the 42nd:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the issuance of bad checks, so as to specify the parties who may prose cute an action under this Code section; to provide an effective date. Referred to Committee on Judiciary.
SB 557. By Senator Howard of the 42nd:
A bill to amend Code Section 16-5-71 of the Official Code of Georgia Annotated, relating to tattooing, so as to change the age of those persons whom it is unlawful to tattoo. Referred to Committee on Judiciary.
SB 558. By Senators Howard of the 42nd and Stumbaugh of the 55th:
A bill to amend Part 1 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration and use of trademarks and service marks, so as to authorize counties and municipalities to have registered their own service marks; to provide for liquidated damages for certain infringements of reg istered trademarks and service marks. Referred to Committee on Urban and County Affairs (General).
SB 559. By Senator Allgood of the 22nd:
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 automobile insurance poli cies that provide comprehensive coverage shall provide complete coverage for re pair or replacement of a certain damaged safety equipment without regard to any deductible or minimum amount; to provide for definitions. Referred to Committee on Public Safety.
SB 560. By Senator Peevy of the 48th:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide for the offense of using intimidation, physical force, or threats with respect to certain witnesses or infor mants; to provide for the elements of and acts constituting such offense; to pro vide for criminal penalties; to provide for all matters relative to the foregoing. Referred to Committee on Special Judiciary.
SB 561. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to authorize a district attorney to petition the court for authority to deposit seized currency in an interest-bearing account in a financial institution; to provide for the payment of accrued interest on seized currency deposited in a financial institution. Referred to Committee on Public Safety.
SB 562. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to certain records to be kept by the Department of Public Safety, so as to provide that in response to a subpoena or upon the request of an appropriate

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governmental or judicial official, the Department of Public Safety shall provide a duly authenticated copy of any record or other document. Referred to Committee on Public Safety.
SB 563. By Senator Crumbley of the 17th:
A bill to amend Code Section 17-10-30 of the Official Code of Georgia Annotated, relating to the procedure for the imposition of the death penalty generally, so as to provide that the offense of murder committed against a person under the age of 17 years shall be considered an aggravating circumstance for which the death penalty may be imposed. Referred to Committee on Corrections.
SB 564. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to change the definition of a certain term; to change the provisions relating to contributions made to candi date or campaign committee or for recall of a public officer; to change the provi sions relating to the campaign committee treasurer. Referred to Committee on Governmental Operations.
SB 565. By Senator Dawkins of the 45th:
A bill to amend an Act creating the State Court of Rockdale County so as to change the provisions relating to terms of court; to change the provisions relating to the transaction of business; to provide that prosecution for violations of ordi nances may be upon citation as well as by accusation under certain circum stances; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 566. By Senator Dawkins of the 45th:
A bill to create the Conyers-Rockdale County Charter Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meetings of said commission and for the election of a permanent chairman; to provide for the powers and duties of said commission. Referred to Committee on Urban and County Affairs.
SB 567. By Senators Land of the 16th and Fincher of the 54th:
A bill to amend Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents and the university system, so as to provide that each faculty member of a college or school of education within the university system who teaches in the college or school of education's professional preparation programs shall actively participate in an instructional capacity in a public school once every three years. Referred to Committee on Higher Education.
SB 568. By Senators Allgood of the 22nd and Langford of the 35th:
A bill to amend Code Section 10-1-4 of the Official Code of Georgia Annotated, relating to revolving accounts under "The Retail Installment and Home Solicita tion Sales Act," so as to change the amount of finance charges which may be imposed on revolving accounts; to provide for determination of maximum monthly finance charges based on a monthly index of long-term government bond yields. Referred to Committee on Banking and Finance.

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221

SB 569. By Senators Walker of the 43rd, Scott of the 2nd and Allgood of the 22nd:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide a new article relating to small minority business development corporations; to provide for definitions; to pro vide for the creation and purposes of small minority business development corporations. Referred to Committee on Consumer Affairs.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 106. By Representatives Reaves of the 147th and Bostick of the 138th:
A bill to amend Code Section 47-6-70 of the Official Code of Georgia Annotated, relating to creditable service under the Georgia Legislative Retirement System, so as to authorize creditable service for certain prior service as a member of the General Assembly. Referred to Committee on Retirement.
HB 305. By Representative Reaves of the 147th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commis sions, etc., being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Georgia Agricultural Exposition Authority shall become members of said retirement system. Referred to Committee on Retirement.
HB 357. By Representative Johnson of the 72nd:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and other benefits under the Teachers Retire ment System of Georgia, so as to provide for a postretirement benefit adjust ment; to provide for a definition and for other matters relative thereto. Referred to Committee on Retirement.
HB 358. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-2-29 of the Official Code of Georgia Annotated, relating to postretirement benefit adjustments under the Employees' Retirement System of Georgia, so as to provide for a one-time cost-of-living increase in bene fits for certain beneficiaries under said retirement system. Referred to Committee on Retirement.
HB 1169. By Representatives Porter of the 119th, Ware of the 77th, Buck of the 95th and Moore of the 139th:
A bill to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to authorize the use of pharmaceutical agents for treatment purposes by optometrists. Referred to Committee on Human Resources.
HB 1212. By Representative Buck of the 95th:
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 Peace Officers' Annuity and Benefit Fund of Georgia and the Georgia Firemen's Pension Fund for the

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inclusion in the health insurance plan of employees of such funds and their spouses and dependent children. Referred to Committee on Public Safety.
HB 1244. By Representatives Cox of the 141st, Bargeron of the 108th, Greene of the 130th and Lord of the 107th: A bill to amend Part 2 of Article 5 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fishing license reciprocity with other states, so as to provide for reciprocity with adjoining states for honorary fishing licenses is sued to blind persons.
Referred to Committee on Natural Resources.
HB 1267. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd and others: A bill to amend an Act providing for appropriations for the State Fiscal Year 1987-1988 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1987-1988.
Referred to Committee on Appropriations.
HB 1272. By Representatives Chambless of the 133rd, Thomas of the 69th, Smyre of the 92nd and others:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to revise and replace the laws relating to business corporations. Referred to Committee on Judiciary.
HB 1276. By Representatives Dover of the llth and Murphy of the 18th:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to authorize local boards of edu cation to vary the length of school years under certain circumstances. Referred to Committee on Education.
HB 1307. By Representative Jackson of the 9th: A bill to amend Code Section 40-2-30 of the Official Code of Georgia Annotated, relating to the issuance of and fees for license plates, so as to change the date for the payment of a portion of certain fees.
Referred to Committee on Transportation.
HB 1308. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: A bill to amend Code Section 40-2-65 of the Official Code of Georgia Annotated, relating to Georgia National Guard license plates, so as to authorize a distinctive license plate for retired members of the Georgia National Guard.
Referred to Committee on Transportation.
HB 1328. By Representative Jackson of the 9th: 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, so as to pro vide for the registration of leased vehicles; to provide for the waiver of certain penalties; to eliminate the requirement of a police report if the license plate is mutilated but still legible; to provide for five-year metal license plates.
Referred to Committee on Transportation.

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223

HB 1334. By Representatives Jackson of the 9th and Johnson of the 72nd: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to authorize the department to correct records which contain improper, false, fraudulent, or invalid information.
Referred to Committee on Public Safety.
HB 1337. By Representatives Jackson of the 9th, Pinkston of the 100th and Buford of the 103rd: A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators, so as to provide that a person who has been de clared to be a habitual violator and who has had his driver's license revoked and who is convicted of operating a motor vehicle before he has been issued a driver's license or before the expiration of five years shall be guilty of a felony.
Referred to Committee on Judiciary.
HB 1421. By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th and others: A bill to amend the charter of the county-wide government of Columbus, Geor gia, and the Act ratifying, confirming, enacting, and incorporating said charter, so as to change the provisions relating to the Board of Tax Assessors for the consoli dated government.
Referred to Committee on Urban and County Affairs.
HR 628. By Representatives Alien of the 127th, Mueller of the 126th, Johnson of the 123rd and others: A resolution creating the Study Committee on Property Assessment in Chatham County.
Referred to Committee on Urban and County Affairs.
HR 652. By Representatives Hamilton of the 124th, Pannell of the 122nd, Alien of the 127th and others: A resolution creating the Chatham County Homestead Exemption Study Commission.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Education has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 270. Do pass.
Respectfully submitted,
Senator Foster of the 50th District, Chairman
Mr. President:
The Committee on Education has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:

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SB 352. Do pass by substitute. Respectfully submitted, Senator Foster of the 50th District, Chairman

Mr. President:

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

SB 402. Do pass.

SB 463. Do pass.

SB 404. Do pass.

SB 485. Do pass.

SB 405. Do pass.

SB 499. Do pass.

SB 407. Do pass.

SB 508. Do pass.

SB 408. Do pass.

SB 553. Do pass.

SB 414. Do pass.

SR 323. Do pass.

Respectfully submitted,

Senator Kidd of the 25th 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 535. Do pass. HB 995. Do pass by substitute.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

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

SB 393. By Senator Foster of the 50th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Mountain Protection Act"; to provide a system of regulation of and permitting for land-disturbing ac tivities in certain mountain areas of the state; to define terms; to state legislative findings and legislative intent.

SB 475. By Senators Dean of the 31st, Kennedy of the 4th, Turner of the 8th 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, so as to revise the general provisions relative to the Department of Community Affairs; to provide for the continuation of the department; to provide definition of terms; to specify pur poses of the department; to provide for the Board of Community Affairs.

SB 479. By Senators Turner of the 8th, Harris of the 27th, Newbill of the 56th and others:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to residential and family farm mortgages, so as to amend the definition of "eligible persons and families"; to revise the income recertification

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225

process required for multifamily rental units financed by the authority; to clarify powers of the authority relating to the issuance of mortgage credit certificates.
SR 264. By Senator Kidd of the 25th:
A resolution creating the Joint Study Committee on Area Planning and Develop ment Commissions.
HB 636. By Representatives Jamieson of the llth, Alford of the 57th, Moore of the 139th and others:
A bill to amend Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions applicable to contracts for public works, so as to require contractors to give bid bonds to the state, counties, municipal corporations, or any other public board or body thereof on certain bids for con tracts for the doing of any public work.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker
Barnes Bowen Brannon
iBCfouylretaomnntan Coverdell Crumbley rjeai Dean Echols Edge English Engram

Fincher Foster Garner Gillis
Harris Harrison Hine
,,"Houwd, ga.m.rds Huggms Johnson Kennedy Kidd Land Langford McGill McKenzie

Those not answering were Senators:

Newbill Olmstead Peevy Phillips
Ragan of 10th Ragan of 32nd Ray
SS,,,choutmt aok.fe2nd Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Broun (excused) Dawkins

Perry

Scott of 36th

Senator Ragan of the 32nd introduced the chaplain of the day, Reverend Evan A. "Bud" Abbott, pastor of First Baptist Church, Smyrna, Georgia, who offered scripture read ing and prayer.

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

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The following resolutions of the Senate were read and adopted:
SR 326. By Senator Barker of the 18th: A resolution commending Hazel W. Westfall.
SR 327. By Senators Garner of the 30th and Kennedy of the 4th: A resolution commending Honorable David C. Evans.
SR 328. By Senator Albert of the 23rd: A resolution commending Mr. Gregory Steven Brooks.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Friday, January 29, 1988
TENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 535 Echols, 6th Pierce County Provides that future school superintendents of county shall be appointed by the Board of Education rather than elected; provides for all related matters.
*HB 995 Phillips, 9th Peevy, 48th Gwinnett County Provides for county Board of Registrations and Elections. (SUBSTITUTE)
The substitute to the following bill was put upon its adoption:
*HB 995:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 995:
A BILL To be entitled an Act to provide for a Gwinnett County Board of Registrations and Elections; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; to provide an administrative office for elections and registrations; to staff such office with an elections supervisor, clerical assistants, and other employees; to provide compensation for administrative personnel and members of the board; to provide definitions; to provide for 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. There is created in Gwinnett County a board of registrations and elections which shall have jurisdiction over the conduct of primaries and elections and the registra tion of electors in such county in accordance with the provisions of this Act. Such board shall be known as the Gwinnett County Board of Registrations and Elections. Section 2. Such board shall be composed of five members, each of whom shall be an elector and a resident of the county, and who shall be selected in the following manner:

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(1) Two members shall be appointed by the chairman of the county executive commit tee of the political party whose candidates at the last preceding regular general election held for the election of all members of the General Assembly received the largest number of votes in this state for members of the General Assembly, and two members shall be appointed by the chairman of the county executive committee of the political party whose candidates at such election received the next largest number of such votes; provided, however, each of such appointments shall have been ratified by a majority of the members of each of such respective executive committees voting at a regularly scheduled meeting of such executive committees or a meeting duly called and held for such purposes. In the event such appoint ments are not ratified by a majority of the members of such executive committees at least 60 days preceding the date on which such members are to take office, then the members of the respective executive committees may elect such members by a two-thirds' majority of the membership of such executive committees at a regularly scheduled meeting or at a meeting duly called and held for such purposes. In the event the members of said executive committees fail to elect such members at least 30 days preceding the date on which such members are to take office then such members shall be appointed in accordance with Sec tion 5 of this Act; and
(2) The fifth member of the board shall be appointed by a majority vote of the county governing authority. Said fifth member shall be appointed within 30 days of the time at which the party appointed members are to take office. The fifth member so selected shall be deemed to be a member at large. Any appointment made under this paragraph shall also be entered upon the minutes of the governing authority of the county. The appointment of the member at large shall not be governed by Section 5 of this Act.
Section 3. No person who holds public office, whether elective or appointive, shall be eligible to serve as a member of the board during the term of such office, and the position of membership of any member shall be deemed vacant upon such member qualifying as a can didate for an elective office. The elections supervisor shall not be eligible to serve as a mem ber of the board.
Section 4. (a) The appointment of each member shall be made by the respective ap pointing authority filing an affidavit with the clerk of the superior court, no later than 30 days preceding the date at which such member is to take office, stating the name and resi dence address of the person appointed or elected and certifying that such member has been duly appointed or elected as provided in this Act.
(b) The appointment of the fifth member of the board, known as the member at large, shall be made by the governing authority of the county filing an affidavit with the clerk of the superior court no later than 15 days preceding the date at which such member is to take office, stating the name and residence address of the person appointed and certifying that such member has been duly appointed as provided in this Act.
(c) The clerk of the superior court shall record each of such certifications on the min utes of the court and shall certify the name of each member to the Secretary of State and provide for the issuance of appropriate commissions to the members as provided by law for registrars.
Section 5. In the event any appointing authority fails (1) to make a regular appoint ment or election within the times specified in Section 2 or Section 4 of this Act, or (2) to make an interim appointment to fill a vacancy within 90 days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forth with by the governing authority of the county.
Section 6. Each member of the board shall:
(1) Serve for a term of two years and until a successor is appointed or elected and qualified, except in the event of resignation or removal as hereinafter provided;
(2) Be eligible to succeed such member and shall have the right to resign at any time by giving written notice of such resignation to the respective appointing authority and to the clerk of the superior court; and

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(3) Shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as is provided for the removal of registrars.
Section 7. In the event a vacancy occurs in the office of any member before the expira tion of a term, by removal, death, resignation, or otherwise, the respective authority shall appoint a successor to serve for the remainder of the unexpired term. The clerk of the supe rior court shall be notified of interim appointments and record and certify such appoint ments in the same manner as the regular appointment of members.
Section 8. (a) The first members of the board under this Act shall be appointed as provided in this Act to take office on January 1, 1989. The board shall take no official action until all members have been certified to the clerk of the superior court.
(b) Before entering upon the duties of office, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.
Section 9. (a) The Gwinnett County Board of Registrations and Elections shall be em powered with all the powers and duties relating to the conduct of elections as election su perintendents pursuant to the provisions of Title 21 of the O.C.G.A.
(b) The board is empowered with all the powers and duties relating to the registration of voters and absentee balloting procedures as boards of registrars pursuant to the provi sions of Title 21 of the O.C.G.A.
(c) This Act is intended to implement the provisions of subsection (b) of Code Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate that purpose.
Section 10. Any rule or regulation promulgated by a county executive committee under the provisions of subsection (c) of Code Section 21-2-111 of the O.C.G.A., with regard to the conduct of primaries, shall be null and void if in conflict with a valid rule or regulation of the board.
Section 11. (a) Nothing in this Act shall be construed to require or prohibit joint prima ries or to require or prohibit the county governing authority or any other public agency to bear any expense of conducting primaries not otherwise required by law.
(b) The board shall have the authority to contract with any municipal corporation lo cated within the county for the holding by the board of any primary or election to be con ducted within the municipal corporation.
Section 12. With the consent of the governing authority, the board shall be authorized to expend public funds for the purpose of, preparing and distributing material solely to in form and instruct electors of the county adequately with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion, or request for support, with respect to any political issue or matter of political concern.
Section 13. (a) The board shall be authorized and empowered to organize itself, elect its officers from within its own members, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, how ever, that no such action shall conflict with state law.
(b) Action and decision by the board shall be by a majority of the members of the board.
Section 14. (a) The board shall fix and establish by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular monthly meetings at the county courthouse or at the place of meeting of the county governing authority. Any special called meetings, held pursuant to the bylaws adopted by the board, shall be held only after written notification of the time and place of the holding of such meeting has been communicated in writing to the person designated by

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the county governing authority to provide public information. All meetings of whatever kind of the board shall be open to the public.
(b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be made available for the public to review.
Section 15. The governing authority of the county shall be responsible for selecting and appointing an administrative director, to be known as the elections supervisor, to administer and supervise the conduct of elections, primaries, and registration of electors for the county. Compensation for the elections supervisor shall be determined and paid by the governing authority wholly from county funds. The elections supervisor shall serve at the pleasure of the governing authority.
Section 16. The governing authority of the county shall expend public funds to provide the elections supervisor with such proper and suitable administrative offices and with such clerical assistants and other employees as the governing authority shall deem appropriate in accordance with the merit system. Compensation for such administrative personnel shall be paid by the governing authority under the merit system wholly from county funds.
Section 17. The board shall be responsible for the selection, appointment, and training of poll workers in elections. Such workers shall be appointed, insofar as practicable, from lists provided by the county executive committees of the two major political parties ap pointing members to the board.
Section 18. Compensation for board members shall be set by the county governing au thority and shall be paid by the governing authority wholly from county funds.
Section 19. The words "election," "elector," "political party," "primary," and "public office" shall have the same meaning as ascribed to those words by Title 21 of the O.C.G.A., unless otherwise clearly apparent from the text of this Act.
Section 20. The provisions of this Act which are necessary for the appointment of the members of the Gwinnett County Board of Registrations and Elections who will take office January 1, 1989, shall be effective upon the approval of the Governor or upon the date which this Act becomes law without such approval and the remaining provisions of this Act shall become effective for all purposes on January 1, 1989.
Section 21. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.

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

On the passage of 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 Bryant Burton Coverdell

Deal Dean Echols Edge Engram Foster Garner Gillis Harris Harrison

Mine Howard Hudgins Muggins Kidd Land Langford McGill Newbill Olmstead

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Peevy Perry Phillips Ragan of 32nd

Scott of 36th Shumake Starr Tate

Taylor Turner Tysinger Walker

Those not voting were Senators:

Broun (excused)
Coleman Crumbley Dawkins
English

Fincher
Johnson Kennedy (presiding) McKenzie
Ragan of 10th

Ray Scott of 2nd
Stumbaugh Timmons

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

SB 535, having received the requisite constitutional majority, was passed.

HB 995, having received the requisite constitutional majority, was passed by substitute.

SENATE CALENDAR Friday, January 29, 1988 TENTH LEGISLATIVE DAY
HB 778 Homestead Exemptions--change income qualifications those 62 years old (Substitute) (B&F--15th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.)
SB 7 Superior Court Clerks' Retirement--benefits (Ret--25th) SB 15 Probate Court Judges' Retirement--increased benefits (Substitute) (Ret--25th) SB 128 Peace Officers' Annuity Benefit Fund--surviving spouse benefits (Substitute)
(Ret--20th) SB 129 Employees' Retirement--options when divorced or spouse dies (Substitute)
(Ret--20th) SB 178 Peace Officers' Annuity, Benefit Fund--certain Department of Human Resources
employees members (Substitute) (Ret--33rd) SB 221 Public School Employees Retirement--credit for certain prior service
(Ret--llth) SB 367 Informed Consent to Surgical Treatment--provide (Substitute) (S Judy--48th) SB 395 Trustee Powers--change certain provisions (Judy--52nd) SB 396 Claim Against Estate of Deceased--nonresidents (Substitute) (Judy--52nd) SB 420 Professional Sanitarians--regulation (Substitute) (Gov Op--25th) SB 423 Athlete Agents--regulation (Substitute) (Gov Op--25th) SB 429 Misdemeanors--change provisions on punishment (S Judy--33rd)
SB 430 Criminal Justice Coordinating Council--add Juvenile Justice Coordinating Council chairman (S Judy--33rd)
SB 431 Victims of Crime--program of assistance (S Judy--33rd)
SB 434 Probation--revise maximum duration period (Substitute) (Corr--33rd)
SB 437 State Mapping Advisory Board--create (Substitute) (U&CA G--48th)
SB 450 Death Penalty--prohibit imposing upon those under 17 or mentally retarded (Substitute) (Corr--35th)

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231

SB 471 Death Penalty--persons required to be present at execution (Corr--30th) SB 472 Corrections Board--commissioner make contracts, exercise of power
(Corr--30th) SB 476 Commissioner of Corrections--confer police powers on county wardens
(Corr--30th) SB 482 Seat Belt Use--require in passenger vehicle (Trans--1st) SB 501 Superior Court Judges Retirement System--provisions relating to Board of
Trustees (Ret--llth) SB 502 Brunswick Port Authority--property transfer to Georgia Ports Authority
(Trans--3rd) SB 504 Brunswick Port Authority--property transfer to Georgia Ports Authority
(Trans--3rd) SR 41 Constitutional Amendments--people have power to enact, reject (Substitute)
(Gov Op--55th) SR 263 Area Planning and Development Commissions--University of Georgia conduct
assessment (U&CA G--25th) SR 300 Commission on Criminal Sanctions and Correctional Facilities--create
(Corr--17th) HB 1195 Certain State Officials--salary (Amendment) (Gov Op--25th) HB 1196 General Assembly Members--reimbursement for service on certain boards (Gov
Op--25th) HB 1223 Legislative Counsel--aid in Secretary of State publication (Judy--49th) HR 282 Amendment to United States Constitution on Congressmen's Compensa
tion--ratify (Gov Op--20th)
The following general bill of the House, having been read the third time on January 28 and action suspended until today, pursuant to Senate Rule 143, was put upon its passage:
HB 778. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd and others:
A bill to amend Code Section 48-5-52 of the Official Code of Georgia Annotated, relating to homestead exemptions from school district ad valorem taxation for residents who are 62 years of age or over and who meet certain income qualifica tions, so as to change the income qualifications for such homestead exemption; to provide for a referendum and for effectiveness conditioned upon referendum approval.
Senate Sponsor: Senator Hudgins of the 15th.
The substitute to HB 778 offered by Senator Deal of the 49th and adopted as amended by the amendment offered by Senator Land of the 16th on January 28, as they appear in the Journal of January 28, was automatically reconsidered and put upon its adoption.
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, was agreed to by substitute as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

Fincher Foster Garner Gillis Harris Harrison Mine Hudgins Huggins Johnson Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Barker Broun (excused) English Engram

Howard Kennedy (presiding) Ragan of 10th

Ray Timmons 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.

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

SB 7. By Senator Kidd of the 25th:
A bill to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to change the provisions relating to retirement benefits for clerks of the superior court and their spouses who are receiving benefits under this article or who may become eligible for benefits in the future.

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 Culver Kidd

State Senator

FROM:

G. W. Hogan, State Auditor

DATE:

January 26, 1987

SUBJECT: Senate Bill 7 (LC 10 7215) Superior Court Clerks' Retirement Fund

This Bill would increase the monthly retirement benefits paid to former clerks of the superior court by approximately 23 percent per month. Clerks who have already retired or are disabled and currently draw benefits, and those clerks who will retire or become disabled

FRIDAY, JANUARY 29, 1988

233

in the future are eligible to receive the increased benefits provided by this Bill. The monthly benefit amounts each clerk receives depend on the number of years of actual service as a clerk, as well as whether or not the clerk elects to have their spouse made eligible to receive a portion of their benefit after the member's death.
Clerks who have at least 20 years service will have their benefit increased from $680 to $840 per month. For those clerks who choose to receive a decreased monthly benefit so that their spouse is eligible to receive benefits as a surviving beneficiary, the maximum benefit each clerk can receive would be increased from 80 percent to 90 percent of the full monthly benefit. Clerks who have at least 16 years service will get an increase from $544 to $672 per month, and clerks with at least 12 years service will receive an increase from $408 to $504 per month. Any clerk who has served more than 16 years and becomes disabled will receive an increase from $680 to $840 per month. If passed, the provisions of this Bill become effec tive on July 1, 1988.
This is to certify that this is a retirement bill having a fiscal impact on the Superior Court Clerks' Retirement Fund.
lal G. W. Hogan State Auditor

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

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1987

SUBJECT: Actuarial Investigation--SenateBill 7 (LC 10 7215) Superior Court Clerks' Retirement Fund

This Bill would increase the monthly retirement benefits paid to former clerks of the superior court by approximately 23 percent per month. Clerks who have already retired or are disabled and currently draw benefits, and those clerks who will retire or become disabled in the future are eligible to receive the increased benefits provided by this Bill. The monthly benefit amounts each clerk receives depend on the number of years of actual service as a clerk, as well as whether or not the clerk elects to have their spouse made eligible to receive a portion of their benefit after the member's death.

Clerks who have at least 20 years service will have their benefit increased from $680 to $840 per month. For those clerks who choose to receive a decreased monthly benefit so that their spouse is eligible to receive benefits as a surviving beneficiary, the maximum benefit each clerk can receive would be increased from 80 percent to 90 percent of the full monthly benefit. Clerks who have at least 16 years service will get an increase from $544 to $672 per month, and clerks with at least 12 years service will receive an increase from $408 to $504 per month. Any clerk who has served more than 16 years and becomes disabled will receive an increase from $680 to $840 per month. If passed, the provisions of this Bill become effec tive on July 1, 1988.

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

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(1) The amount of unfunded actuarial accrued liability which will result from the bill.

$0

(2) The amount of annual normal cost which will result from the bill.

$ 451,558

(3) The employer contribution rate currently in effect.

$ 1,450,472

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

$ 458,085

(5) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

/s/ G. W. Hogan State Auditor

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

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

Those voting in the affirmative were Senators:

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

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

McKenzie Newbill Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Scott of 36th Shumake Starr Stumbaugh Tate
Taylor Timmons Turner Tysinger
Walker

Those not voting were Senators:

Broun (excused) Kennedy (presiding)

Peevy Ray

Scott of 2nd

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

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

SB 15. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide for additional increased retirement benefits; to provide an effective date.

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235

The Senate Committee on Retirement offered the following substitute to SB 15:
A BILL
To be entitled an Act to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the provisions relating to benefits; to provide that such changed benefits shall apply to benefits presently payable under said chapter as well as to benefits payable in the future; 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 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, is amended by striking sub section (b) of Code Section 47-11-21, relating to the secretary-treasurer of the board, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) Notwithstanding any other provisions of this chapter to the contrary, in addition to such salary, the secretary-treasurer shall receive credit for a sum of $600.00 per annum for time served after March 21, 1958, until July 1, 1979, and credit for a sum of $750.00 per annum for time served after July 1, 1979, as dues in the retirement system for up to 20 years. He The secretary-treasurer shall be paid retirement benefits upon retiring as secre tary-treasurer or upon reaching the age of 60 years, whichever may occur last, based on the rate of 5 percent of $12,000.00 for each year served as secretary-treasurer from March 21, 1958, until July 1, 1979, and 5 percent of $15,000.00 for each year served as secretary-trea surer from July 1, 1979, to the date of retirement, up to a maximum of 20 years of service, provided that a minimum of four years has been served as secretary-treasurer. Withdrawal of such dues by the secretary-treasurer or said officer's estate shall be subject to Code Sec tion 47-11-72. The secretary-treasurer may also make the election as to retirement benefits provided for in subsection (b) of Code Section 47-11-71 and the exceptions provided for in Code Section 47-11-70."
Section 2. Said chapter is further amended by striking Code Section 47-11-71, relating to retirement benefits, in its entirety and substituting in lieu thereof a new Code Section 4711-71 to read as follows:
"47-11-71. (a) Any judge of the probate court who is approved for retirement benefits as provided in subsection (a) of Code Section 47-11-70 shall be paid a monthly sum equal to 5 percent of the judge's average monthly net earnings, as may be determined from reports of such earnings and subject to the limitations on such earnings as provided for in Code Sec tion 47-11-40, for each year served by the judge up to, but not exceeding, a total of 20 years, except as provided in subsection (c) of this Code section. No time prior to December 22, 1953, or for which dues have not been paid in accordance with Code Section 47-11-40 shall be considered in determining the number of years of service of any such judge of the pro bate court for purposes of determining retirement pay.
(b) In lieu of receiving the retirement benefits provided for in subsection (a) of this Code section, a judge of the probate court may elect in writing, on a form to be provided by the board at the time the judge becomes eligible to receive retirement benefits, to receive a monthly retirement benefit payable up to the date of the death of the survivor, which bene fit shall be based on the judge's age at retirement and the age of the judge's spouse at that time and shall be computed so as to be actuarially equivalent to the total retirement pay ment which would have been paid to the judge under subsection (a) of this Code section. Such actuarial equivalent shall be computed on the Group Annuity Table for 1951 using 5 '/2 percent interest. The spouse designated at the time of the judge's retirement shall be the only spouse who may draw these benefits.
(c) Any provision of this chapter to the contrary notwithstanding, any judge of the probate court and any secretary-treasurer of the fund who has served for a total of 20 years as judge of the probate court or secretary-treasurer, or a combination of such service, and

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who has contributed all dues owed to the fund as provided in this chapter but who is not eligible upon retirement to receive the maximum retirement benefits provided for in this chapter shall be entitled to continue to contribute dues to the fund or, in the case of the secretary-treasurer, to continue to receive credit during such period of time as the judge or secretary-treasurer shall continue to serve as a judge of the probate court or secretary-trea surer beyond 20 years of service. The average monthly net earnings of any such judge of the probate court or secretary-treasurer shall be added to the total monthly net earnings of such judge of the probate court or secretary-treasurer during the 20 year period of service. The sum of these two amounts shall then be divided by 240, and the result of such division shall then be used as the average monthly net earnings upon which retirement benefits shall be calculated; provided, however, such average monthly net earnings shall not exceed the limi tations specified in subsection (b) of Code Section 47-11-21 and in Code Section 47-11-40.
(d) The calculation of benefits under this Code section shall apply to persons who were receiving benefits pursuant to the provisions of this chapter prior to July 1, 1988, as well as to persons who become eligible to receive benefits on or after that date. Effective July 1, 1988, the monthly benefit of each person who was receiving a benefit prior to that date shall be increased in the amount necessary to comply with the requirements of this subsection."
Section 3. This Act shall become effective July 1, 1988.
Section 4. 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 Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

May 1, 1987

SUBJECT: Senate Bill 15S (Substitute) (LC 7 6737S) Judges of the Probate Courts Retirement Fund

This Bill revises the benefit formula used by the Judges of the Probate Courts Retire ment Fund and provides for increased benefits for the members of that system. The old benefit formula which included three provisions granting a percentage increase in the bene fits otherwise payable would be revised to provide for a benefit of 5% of the member's average earnings for a maximum of 20 years. Under current provisions the maximum benefit payable for 20 years service is approximately 79% of earnings; while under this Bill the maximum benefit would be 100% of earnings.
The Bill also removes the $7500 maximum annual benefit payable to members that do not qualify for the standard maximum benefit after 20 years service and are allowed to continue membership to increase their benefits. Under this Bill's provisions, these members would fall under the standard maximum benefit limits. If passed, this Bill would become effective on July 1, 1988.
This is to certify that this Bill would have a fiscal impact on the Judges of the Probate Courts Retirement Fund.

/s/ G. W. Hogan State Auditor

FRIDAY, JANUARY 29, 1988

237

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

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1987

SUBJECT: Actuarial Investigation--Senate Bill 15S (Substitute) (LC 7 6737S) Judges of the Probate Courts Retirement Fund

This Bill revises the benefit formula used by the Judges of the Probate Courts Retire ment Fund and provides for increased benefits for the members of that system. The old benefit formula which included three provisions granting a percentage increase in the bene fits otherwise payable would be revised to provide for a benefit of 5% of the member's average earnings for a maximum of 20 years. Under current provisions the maximum benefit payable for 20 years service is approximately 79% of earnings; while under this Bill the maximum benefit would be 100% of earnings.

The Bill also removes the $7500 maximum annual benefit payable to members that do not qualify for the standard maximum benefit after 20 years service and are allowed to continue membership to increase their benefits. Under this Bill's provisions, these members would fall under the standard maximum benefit limits. If passed, this Bill would become effective on July 1, 1988.

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

(1) The amount of unfunded actuarial accrued liability which will result from the bill.

$0

(2) The amount of annual normal cost which will result from the bill.

$ 96,600

(3) The employer contribution rate currently in effect.

$ 413,200

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

$ 183,200

(5) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Is/ G. W. Hogan State Auditor

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

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

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

Those voting in the affirmative were Senators:

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

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

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Engrain Howard

Hudgins

Ray

Kennedy (presiding)

Tate

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

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

SB 128. By Senator Gillis of the 20th:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Ben efit Fund, so as to change the provisions relating to options to provide benefits for the surviving spouses of retired members; to provide that the benefits for a surviving spouse shall be for the life of the surviving spouse, notwithstanding remarriage of the surviving spouse.

The Senate Committee on Retirement offered the following substitute to SB 128:

A BILL
To be entitled an Act to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to options to provide benefits for the surviving spouses of retired members; to provide an additional option; to provide that when a retiree is divorced from the retiree's spouse, certain options may then be revoked; to pro vide for the payment of the maximum retirement benefit upon such revocation or upon the death of the spouse of a retired member when a certain option had been elected; to provide for certain alternative benefits of equivalent actuarial value and for certain elections in con nection therewith; to provide for other matters relative to the foregoing; to provide an effec tive date; to repeal conflicting laws; and for other purposes.

FRIDAY, JANUARY 29, 1988

239

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) At the time a member qualifies for retirement payments, such member must choose a payment option provided for in this Code section. A member shall become eligible to begin receiving benefits on the first day of the month following the month in which the member qualified for retirement and terminated active employment as a peace officer. A member shall present to the secretary-treasurer a completed application form for retirement benefits. The application shall contain such information as the board shall require. After approval by the board, the secretary-treasurer shall pay to such retired member a monthly sum based on the option chosen by the member. If a married member with a spouse then living is unable to choose an option provided for in this Code section and to complete an application form because of death, mental incompetency, or other providential cause, then Option Two shall become effective."
Section 2. Said Code section is further amended by adding immediately following sub section (d) a new subsection (d.l) to read as follows:
"(d.l) When Option Two or Option Three is elected, a member may also elect Option 2A or Option 3A. Option 2A or Option 3A shall be computed so as to be actuarially equivalent to the monthly retirement payment which would have been paid to the member under Option One and shall consist of the added provision that in the event the spouse predeceases the retired member, the monthly retirement benefit received by the retired member after the death of the spouse shall be equal to the monthly retirement benefit the retired member would be entitled to receive under Option One. Such actuarial equivalence shall be computed on the Mortality Table GA51, with projection, using interest at 6 percent per annum, with a five-year setback for females and monthly annuity functions."
Section 3. Said Code section is further amended by striking subsection (e) in its en tirety and substituting in lieu thereof a new subsection (e) to read as follows:
"(e) (1) Under either Option Two or Option Three, if the spouse of a retired member who is receiving retirement benefits predeceases the member, no subsequent spouse of such member shall be entitled to monthly retirement benefits. Payments under Options Two and Three, in the event of any such retired member's death, shall be limited to the spouse of such member at the time such member qualifies for retirement benefits. Under Option Two or Option Three, if the surviving spouse remarries, any benefits payable to the surviving spouse shall cease and terminate as of the date of such remarriage.
(2) Under Option Two or Three, or Option 2A or 3A, a retired member may revoke the election of any such option at any time after the entry of a final judgment of complete divorce from the retired member's spouse. Upon any such revocation or upon the death of the spouse of a retired member who had elected Option 2A or 3A, the retired member may elect to begin receiving the monthly retirement benefit which the retired member would have been entitled to receive under Option One. In the event any such retired member remarries after divorce from the former spouse or, in the case of a retired member who had elected Option 2A or 3A, after the death of the spouse of the retired member, the retired member may elect to begin receiving the applicable reduced monthly retirement benefit of equivalent actuarial value and reestablish on behalf of the new spouse the same option which was applicable to the former spouse. Such actuarial equivalence shall be based on the age of the retired member and the age of the retired member's new spouse at the time of such election and shall be computed on the Mortality Table GA51, with projection, using interest at 6 percent per annum, with a five-year age setback for females and monthly pay ment annuity functions. The option on behalf of the new spouse may not be exercised until one year after the date of remarriage or until a child of the remarried couple is born, which ever is earlier."

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Section 4. This Act shall become effective on July 1, 1988. Section 5. All laws and parts of laws in conflict with this Act are repealed.

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

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

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

May 28, 1987

SUBJECT: Senate Bill 128S (Substitute) (LC 7 6746S) Peace Officers' Annuity and Benefit Fund

This Bill would amend the law pertaining to optional retirement allowances under the Peace Officers' Annuity and Benefit Fund. It would provide for two new options that would allow a retired member that had elected an optional reduced retirement allowance that pro vided benefits to a spouse upon the member's death to receive the maximum retirement allowance available should the spouse predecease the retired member. The Bill would also allow retired members to revoke death benefits available to a spouse and elect to receive the maximum retirement allowance after a divorce. If the retired member later remarries, he or she may upon one year after the date of remarriage or the birth of the couple's first child, whichever is earlier, elect an optional allowance and nominate the new spouse to receive all amounts and benefits after the member's death. If passed, the provisions of this Bill would become effective on July 1, 1988.

This is to certify that this Bill is nonfiscal as defined in the Public Retirement Systems Standards Law.

Is/ G. W. Hogan State Auditor

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

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1987

SUBJECT: Actuarial Investigation--Senate Bill 128S (Substitute) (LC 7 6746S) Peace Officers' Annuity and Benefit Fund

This Bill would amend the law pertaining to optional retirement allowances under the Peace Officers' Annuity and Benefit Fund. It would provide for two new options that would allow a retired member that had elected an optional reduced retirement allowance that pro vided benefits to a spouse upon the member's death to receive the maximum retirement allowance available should the spouse predecease the retired member. The Bill would also

FRIDAY, JANUARY 29, 1988

241

allow retired members to revoke death benefits available to a spouse and elect to receive the maximum retirement allowance after a divorce. If the retired member later remarries, he or she may upon one year after the date of remarriage or the birth of the couple's first child, whichever is earlier, elect an optional allowance and nominate the new spouse to receive all amounts and benefits after the member's death. If passed, the provisions of this Bill would become effective on July 1, 1988.

As was reported in the certification dated May 28, 1987, this Bill is nonfiscal as defined in the Public Retirement Systems Standards law.

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

(1) The amount of unfunded actuarial accrued liability which will result from the bill.

$0

(2) The amount of annual normal cost which will result from the bill.

$0

(3) The employer contribution rate currently in effect.

$ 7,200,000

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

$ 3,303,345

(5) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

/s/ G. W. Hogan State Auditor

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Harris Harrison Mine Howard Hudgins Huggins Johnson Kidd

Land Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Shumake Starr Stumbaugh

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Tate Taylor

Timmons Turner

Tysinger

Those not voting were Senators:

Brannon Broun (excused)

Kennedy (presiding) Ray

Scott of 36th Walker

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

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

SB 129. By Senator Gillis of the 20th:
A bill to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement Sys tem of Georgia, so as to provide that when a retiree is divorced from the retiree's spouse or when a retiree's spouse dies, certain options may then be revoked.

The Senate Committee on Retirement offered the following substitute to SB 129:

A BILL
To be entitled an Act to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, so as to provide for an additional optional retirement allowance; to pro vide that when a retiree is divorced from the retiree's spouse, certain options may then be revoked; to provide for the payment of the maximum retirement allowance upon such revo cation or upon the death of the spouse of a retired member when a certain option has been elected; to provide for certain alternative benefits of equivalent actuarial value and for cer tain elections in connection therewith; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, is amended by adding immediately following subsection (e) of said Code section a new subsec tion (e.l) and by adding at the end of said Code section a new subsection (h) to read, re spectively, as follows:
"(e.l) When option two or three is elected and the spouse is the person designated to receive all amounts and benefits upon the death of the retired member, option five shall consist of the added provision that in the event the spouse predeceases the retired member, the retirement allowance payable to the retired member after the death of the spouse shall be equal to the maximum retirement allowance which the retired member would have been entitled to receive under this chapter.
(h) Whenever any retired member has elected an optional allowance under this Code section and the spouse is the person designated to receive all amounts and benefits upon the death of the retired member, the retired member may revoke the election at any time after the entry of a final judgment of complete divorce from the spouse so nominated. Upon any such revocation or upon the death of the spouse of a retired member who had elected option five, the retired member may elect to begin receiving the maximum retirement allowance which the retired member would have been entitled to receive under this chapter. In the event any such retired member remarries after divorce from the former spouse or, in the case of a retired member who had elected option five, after the death of the spouse of the retired member, the retired member may elect to begin receiving the applicable reduced retirement benefit of equivalent actuarial value and reestablish on behalf of the new spouse the same option which was applicable to the former spouse, but such option on behalf of the

FRIDAY, JANUARY 29, 1988

243

new spouse may not be reestablished until one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier."
Section 2. This Act shall become effective on July 1, 1988.
Section 3. 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 Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

May 1, 1987

SUBJECT: Senate Bill 129S (Substitute) (LC 7 6732S) Employees' Retirement System

This Bill would amend the law pertaining to optional retirement allowances under the Employees' Retirement System. It would provide for a new option that would allow a re tired member that had elected an optional reduced retirement allowance that provided ben efits to a spouse upon the member's death to receive the maximum retirement allowance available should the spouse predecease the retired member. The Bill would also allow re tired members to revoke death benefits available to a spouse and elect to receive the maxi mum retirement allowance after a divorce. If the retired member later remarries, he or she may upon one year after the date of remarriage or the birth of the couple's first child, whichever is earlier, elect an optional allowance and nominate the new spouse to receive all amounts and benefits after the member's death. If passed, the provisions of this Bill would become effective on July 1, 1988.

This is to certify that this is a nonfiscal Bill and would not have a fiscal impact upon the Employees' Retirement System.

/s/ G. W. Hogan State Auditor

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

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1987

SUBJECT: Actuarial Investigation--Senate Bill 129S (Substitute) (LC 7 6732S) Employees' Retirement System

This Bill would amend the law pertaining to optional retirement allowances under the Employees' Retirement System. It would provide for a new option that would allow a re tired member that had elected an optional reduced retirement allowance that provided ben-

244

JOURNAL OF THE SENATE

efits to a spouse upon the member's death to receive the maximum retirement allowance available should the spouse predecease the retired member. The Bill would also allow re tired members to revoke death benefits available to a spouse and elect to receive the maxi mum retirement allowance after a divorce. If the retired member later remarries, he or she may upon one year after the date of remarriage or the birth of the couple's first child, whichever is earlier, elect an optional allowance and nominate the new spouse to receive all amounts and benefits after the member's death. If passed, the provisions of this Bill would become effective on July 1, 1988.
As reported in the certification dated May 1, 1987, this Bill is nonfiscal as defined in the Public Retirement Systems Standards law.

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

(1) The amount of unfunded actuarial accrued liability which will result from the bill.

$0

(2) The amount of annual normal cost which will result from the bill.

$0

(3) The employer contribution rate currently in effect.

17.29%

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

17.29%

(5) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
/s/ G. W. Hogan State Auditor

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hudgins Huggins Johnson

Kidd Land Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd

FRIDAY, JANUARY 29, 1988

245

Scott of 36th Shumake Starr

Stumbaugh Tate Taylor

Timmons Turner Tysinger

Those not voting were Senators:

Barnes Brannon Broun (excused)

Hine Howard Kennedy (presiding)

Ray Walker

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

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

SB 178. By Senator Barnes of the 33rd:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer"; to thereby authorize membership in the Peace Officers' Annuity and Benefit Fund for employees of the Department of Human Resources who are designated to investigate and apprehend delinquent and unruly children.

The Senate Committee on Retirement offered the following substitute to SB 178:

A BILL
To be entitled an Act to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer"; to thereby authorize membership in the Peace Of ficers' Annuity and Benefit Fund for employees of the Department of Human Resources who are designated to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility or have broken the conditions of their supervision and to thereby authorize membership in said fund for juvenile probation officers provided as a service to courts by the Department of Human Resources; to amend Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to commitment of delinquent and unruly children to the Department of Human Resources, so as to delete provisions relating to ineligibility of such employees for membership in the Peace Officers' Annuity and Benefit Fund; to provide an effective date; 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 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, is amended in Code Section 47-17-1, relating to definitions, by striking the word "and" at the end of subparagraph (F) of paragraph (5), by replacing the period at the end of subparagraph (G) of paragraph (5) with a semicolon and by adding at the end of paragraph (5) new subparagraphs (H) and (I) to describe cer tain persons included within the definition of the term "peace officer" and to read as follows:
"(H) Any person employed by the Department of Human Resources who has been des ignated by the commissioner of human resources to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility or have broken their conditions of supervision; and
(I) Juvenile probation officers provided as a service to courts by the Department of Human Resources pursuant to the authority of paragraph (3) of subsection (a) of Code Sec tion 49-5-8."
Section 2. Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to

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JOURNAL OF THE SENATE

commitment of delinquent and unruly children to the Department of Human Resources, is amended by striking paragraph (2) of subsection (i) and inserting in its place a new para graph to read as follows:
"(2) The commissioner may designate one or more employees of the department to in vestigate and apprehend delinquent and unruly children who have escaped from an institu tion or facility or who have broken the conditions of supervision; provided, however, that employees so designated shall only be those with primary responsibility for the security functions of youth development centers or whose primary duty consists of the apprehension of youths who have escaped from such institutions or who have broken the conditions of supervision. An employee of the department so designated shall have the police power to investigate and apprehend such children and to arrest any person physically interfering with the proper apprehension of such children. Such employee shall be authorized to carry weapons, upon written approval of the commissioner, notwithstanding Code Sections 16-11126, 16-11-128, and 16-11-129. Any employee designated under this subsection shall be con sidered to be a peace officer within the meaning of Chapter 8 of Title 35 and must be certi fied under that chapter."
Section 3. This Act shall become effective July 1, 1988.
Section 4. 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 J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

March 17, 1987

SUBJECT: Senate Bill 178 (Substitute) (LC 7 6687S) Peace Officer Annuity and Benefit Fund

This Bill would allow certain Department of Human Resources (DHR) employees to become members of the Peace Officers' Annuity and Benefit Fund. DHR employees respon sible for the investigation and apprehension of delinquent and unruly children who have escaped from an institution or facility or have broken the conditions of their supervision, and juvenile probation officers provided as a service to the courts by the DHR, would be eligible to become members of the fund.

This is to certify that this is a Bill having a fiscal impact upon the Peace Officers' Annuity and Benefit Fund.

/s/ G. W. Hogan State Auditor

FRIDAY, JANUARY 29, 1988

247

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

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1987

SUBJECT: Actuarial Investigation--Senate Bill 178S (Substitute) (LC 7 6687S) Peace Officers' Annuity and Benefit Fund

This Bill would allow certain Department of Human Resources (DHR) employees to become members of the Peace Officers' Annuity and Benefit Fund. DHR employees respon sible for the investigation and apprehension of delinquent and unruly children who have escaped from an institution or facility or have broken the conditions of their supervision, and juvenile probation officers provided as a service to the courts by the DHR, would be eligible to become members of the fund.

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

(1) The amount of unfunded actuarial accrued liability which will result from the bill.

$0

(2) The amount of annual normal cost which will result from the bill.

$ 135,628

(3) The employer contribution rate currently in effect.

$ 7,200,000

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

$ 3,447,111

(5) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Is/ G. W. Hogan State Auditor

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:

Allgood Baldwin

Barker Barnes

Brannon Bryant

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JOURNAL OF THE SENATE

Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge Fincher Foster Garner Gillis Harris

Harrison Hine Howard Hudgins Huggins Johnson Kidd Land Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Scott of 2nd Scott of 36th Shumake Starr Tate Timmons Turner Tysinger Walker

Voting in the negative was Senator Ragan of the 10th.

Those not voting were Senators:

Albert Bowen Broun (excused) Coleman

English Engram Kennedy (presiding) Ragan of 32nd

Ray Stumbaugh Taylor

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

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

SB 221. By Senator Timmons of the llth:
A bill to amend Code Section 47-4-80 of the Official Code of Georgia Annotated, relating to creditable service under the Public School Employees Retirement Sys tem, so as to authorize creditable service for certain prior service; to provide for matters relative thereto; to provide an effective date.

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 Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

February 5, 1987

SUBJECT: Senate Bill 221 (LC 7 6568) Public School Employees' Retirement System

This Bill would allow members of the Public School Employees' Retirement System to obtain credit for prior service that was earned under the Teachers' Retirement System. To receive credit, the member must apply to the board of trustees and pay contributions which would have been paid during the period of prior service, plus regular interest compounded annually from the time prior service was rendered until the date of payment. If passed, the Bill would become effective July 1, 1988.

FRIDAY, JANUARY 29, 1988

249

This is to certify that this Bill would have a fiscal impact on the Public School Employees' Retirement System.
/s/ G. W. Hogan State Auditor

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

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1987

SUBJECT: Actuarial Investigation--Senate Bill 221 (LC 7 6568) Public School Employees' Retirement System

This Bill would allow members of the Public School Employees' Retirement System to obtain credit for prior service that was earned under the Teachers' Retirement System. To receive credit, the member must apply to the board of trustees and pay contributions which would have been paid during the period of prior service, plus regular interest compounded annually from the time prior service was rendered until the date of payment. If passed, the Bill would become effective July 1, 1988.

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

(1) The amount of unfunded actuarial accrued liability which will result from the bill.

$ negligible

(2) The amount of annual normal cost which will result from the bill.

$0

(3) The employer contribution rate currently in effect.

$13,330,000

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

$13,330,000

(5) The dollar amount of the increase in the annual employer contribution

which is necessary to maintain the retirement system in an actuarially

sound condition.

$ negligible

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

/s/ G. W. Hogan State Auditor

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

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon Burton Coverdell Crumbley Dawkins Dean Echols Edge English Engram Fincher

Foster Garner Gillis Harris Harrison Howard Hudgins Huggins Johnson Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes Bowen Broun (excused) Bryant

Coleman Deal Hine Kennedy (presiding)

Ray Scott of 2nd Taylor

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

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

The following general bill of the Senate, having been read the third time on January 11, 1988, and committed to the Senate Committee on Special Judiciary, and favorably reported by the committee, was read the third time and put upon its passage:

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.

The Senate Committee on Special Judiciary offered the following substitute to SB 367:

A BILL

To be entitled an Act to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to requirements for valid consent to certain surgical or medical treat ment, so as to require disclosure of certain information to any person who undergoes certain surgical or diagnostic procedures; to provide that when certain consent is not obtained in writing then no presumption shall arise as to the validity of such consent; to provide that certain forms of written consent shall be rebuttably presumed to be valid consent under certain circumstances; to provide for methods of disclosure; to provide that causes of action for failure to comply with this Act shall be actions for medical malpractice; to prohibit such causes of action under certain circumstances; to provide for exceptions to such required disclosure; to provide for application of such consent to certain other medical personnel; to provide for consent to courses of treatment; to provide that the Composite State Board of Medical Examiners shall adopt rules, regulations, and procedures establishing standards for physician compliance of this Act; to provide that such board shall notify certain physicians of the adoption of this Act; to provide for other matters relative to the foregoing; to provide

FRIDAY, JANUARY 29, 1988

251

for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to requirements for valid consent to certain surgical or medical treatment, is amended by ad ding a new Code section immediately following Code Section 31-9-6, to be designated Code Section 31-9-6.1, to read as follows:
"31-9-6.1. (a) Except as otherwise provided in this Code section, any person who under goes any surgical procedure under general or regional anesthesia, or diagnostic procedure which involves the intravenous injection of a contrast material shall be informed in general terms of the following:
(1) A diagnosis of the patient's condition requiring such proposed surgical or diagnostic procedure;
(2) The nature and purpose of such proposed surgical or diagnostic procedure;
(3) The material risks generally recognized and accepted by reasonably prudent physi cians of infection, allergic reaction, severe loss of blood, loss or loss of function of any limb or organ, paralysis or partial paralysis, paraplegia or quadriplegia, disfiguring scar, brain damage, cardiac arrest, or death involved in such proposed surgical or diagnostic procedure which, if disclosed to a reasonably prudent person in the patient's position, could reasonably be expected to cause such prudent person to decline such proposed surgical or diagnostic procedure on the basis of the material risk of injury that could result from such proposed surgical or diagnostic procedure;
(4) The likelihood of success of such proposed surgical or diagnostic procedure;
(5) The practical alternatives to such proposed surgical or diagnostic procedure which are generally recognized and accepted by reasonably prudent physicians; and
(6) The prognosis of the patient's condition if such proposed surgical or diagnostic pro cedure is rejected.
(b) (1) If a consent to a surgical or diagnostic procedure is required to be obtained under this Code section and such consent is not obtained in writing in accordance with the requirements of this Code section, then no presumption shall arise as to the validity of such consent.
(2) If a consent to a diagnostic or surgical procedure is required to be obtained under this Code section and such consent discloses in general terms the information required in subsection (a) of this Code section, is duly evidenced in writing, and is signed by the patient or other person or persons authorized to consent pursuant to the terms of this chapter, then such consent shall be rebuttably presumed to be a valid consent.
(c) In situations where a consent to a surgical or diagnostic procedure is required under this Code section, it shall be the responsibility of the admitting or attending physician or of the physician who either performs or proposes the procedure to ensure that the information required by subsection (a) of this Code section is disclosed and that the consent provided for in this Code section is obtained. The information provided for in this Code section may be disclosed through the use of video tapes, audio tapes, pamphlets, booklets, or other means of communication or through conversations with nurses, physician's assistants, trained counselors, patient educators, or other similar persons whom reasonably prudent physicians believe to be capable of communicating such information.
(d) The failure of a physician to obtain the consent required by this Code section may constitute the want of a reasonable degree of care and skill and shall constitute an action for medical malpractice upon a showing that:
(1) That the patient suffered an injury which was proximately caused by the surgical or diagnostic procedure;

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(2) That information concerning the injury suffered was not disclosed as required by this Code section; and
(3) That a reasonably prudent patient would have refused the surgical or diagnostic procedure or would have chosen a practical alternative to such proposed surgical or diagnos tic procedure if such information had been disclosed;
provided, however, that a complaint seeking damages alleging medical malpractice under this Code section shall comply with the provisions of Code Section 9-11-9.1.
(e) The disclosure of information and the consent provided for in this Code section shall not be required if:
(1) An emergency exists as defined in Code Section 31-9-3;
(2) The surgical or diagnostic procedure is generally recognized by reasonably prudent physicians to be a procedure which does not involve a material risk to the patient involved;
(3) If a patient or other person or persons authorized to give consent pursuant to this chapter make a request in writing that the information provided for in this Code section not be disclosed; or
(4) A prior consent complying with the requirements of this Code section to the surgical or diagnostic procedure has been obtained as a part of a course of treatment for the pa tient's condition.
(f) A prior consent to surgical or diagnostic procedures obtained pursuant to the provi sions of this Code section shall be deemed to be valid consent for all medical personnel under the direct supervision and control of the attending physician responsible for perform ing or otherwise assisting the attending physician in the performance of such surgical or diagnostic procedure and for all other medical personnel otherwise involved in the course of treatment of the patient's condition.
(g) The Composite State Board of Medical Examiners shall be required to adopt and have the authority to promulgate rules and regulations governing and establishing the stan dards necessary to implement this chapter specifically including but not limited to the disci plining of a physician who fails to comply with this Code section."
Section 2. The Composite State Board of Medical Examiners shall be required to in form all physicians licensed in this state of the adoption of this Act within a reasonable period of time after such Act has been signed by the Governor.
Section 3. This Act shall become effective on January 1, 1989, and shall apply to all such surgical or diagnostic procedures performed on or after January 1, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to SB 367 offered by the Senate Committee on Special Judiciary by striking the period at the end of line 33 on page 3 and substituting in lieu thereof the following:
"; provided, however, if such persons are hospital employees, their participation must be approved by the hospital."
On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.
Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to SB 367 offered by the Senate Committee on Special Judiciary by striking from line 34 on page 4 the following:
"or",
in its entirety.

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253

By striking from line 5 on page 5 the word and period "condition." and substituting in lieu thereof the following:
"condition; or
(5) The surgical or diagnostic procedure was unforeseen or was not known to be needed at the time consent was obtained."
On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

Senator Hine of the 52nd offered the following amendment:
Amend the substitute to SB 367 offered by the Senate Committee on Special Judiciary by inserting between "malpractice;" and "to" on line 12 of page 1 the following:
"to provide for a statement of authorization to submit any cause of action arising out of such surgical or diagnostic procedure to binding arbitration; to provide for acceptance or rejection of such authorization; to provide for the form of such statement;"
By adding immediately following "consent." on line 18 of page 3 the following:
"Any such written consent may contain a statement in boldface type to the effect that the patient authorizes, but does not require, the submission of any cause of action, whether in tort or in contract, arising out of such surgical or diagnostic procedure to binding arbitra tion. The refusal of the patient to submit any cause of action to binding arbitration shall not be a basis for the physician to refuse to perform such surgical or diagnostic procedure. Such statement shall be formed with a square of sufficient size for the convenient insertion of a cross (x) or check C/) mark clearly indicating that the patient has either accepted or rejected the authorization contained in such statement and shall be signed by the patient. It shall be the duty of the department to determine the form of such statement."

Senator Hine of the 52nd asked unanimous consent to withdraw his amendment to the substitute to SB 367 offered by the Senate Committee on Special Judiciary; the consent was granted, and the amendment offered by Senator Hine of the 52nd was withdrawn.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge English

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

McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh

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Tate Taylor

Timmons Turner

Tysinger Walker

Those not voting were Senators:

Bowen Brannon

Broun (excused) Coleman

Kennedy (presiding)

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

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

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

SB 395. By Senator Hine of the 52nd:
A bill to amend Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trusts, so as to change certain provisions relating to trustee powers which render a trust executory and termination of irrevocable executory trusts; to authorize distribution of certain trust property; to provide for certain required findings; to provide for court orders for such distribution.

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

On 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 Bryant Burton Coverdell Crumbley Dawkins Deal Dean Edge English
Engram Fincher Foster Garner

Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Land Langford McGill McKenzie Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Bowen

Brannon Broun (excused) Coleman

Echols Kennedy (presiding) Timmons

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

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

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255

Senator Stumbaugh of the 55th introduced the doctor of the day, Dr. J. Donald Fite, of Decatur, Georgia.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 396. By Senator Hine of the 52nd: A bill to amend Code Section 9-10-91 of the Official Code of Georgia Annotated, relating to grounds for exercising personal jurisdiction over certain nonresidents, so as to provide for the exercise of such jurisdiction over certain nonresidents when a claim is asserted against the estate of a deceased citizen of this state and the administrator or executor of such estate seeks to adjudicate the claim as serted against such estate.
The Senate Committee on Judiciary offered the following substitute to SB 396:
A BILL

To be entitled an Act to amend Code Section 9-10-91 of the Official Code of Georgia Annotated, relating to grounds for exercising personal jurisdiction over certain nonresidents, so as to provide for the exercise of such jurisdiction over certain nonresidents when a claim is asserted against the estate of a deceased resident of this state and the administrator or executor of such estate seeks to adjudicate the claim asserted against such estate; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 9-10-91 of the Official Code of Georgia Annotated, relating to grounds for exercising personal jurisdiction over certain nonresidents, is amended by delet ing the word "or" at the end of paragraph (4); by striking the period at the end of paragraph (5) and inserting in its place "; or"; and by adding a new paragraph immediately following paragraph (5), to be designated paragraph (6), to read as follows:
"(6) Asserts a claim against the estate of a deceased resident of this state and the ad ministrator or executor of such estate seeks to adjudicate the claim asserted against such estate."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bryant Burton Coverdell Crumbley Dawkins

Deal Dean Echols Edge English Engram Fincher Foster Garner

Gillis Harris Harrison Howard Hudgins Huggins Johnson Kidd Land

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Langford McGill McKenzie NOelmwsbtiellad
Perry
Phillips

Ragan of 32nd Ray Scott of 2nd SShcoutmt aokfe36th
Starr
Stumbaugh

Tate Taylor Timmons
lurner Tysinger Walker

Those not voting were Senators:

Baldwin Bowen Brannon

Broun (excused) Coleman Hine

Kennedy (presiding) Peevy Ragan of 10th

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 420. By Senator Kidd of the 25th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the certification and regulation of professional sanitarians and the licensing and regulation of sanitarians; to define certain terms; to exempt certain persons in other professions from the certifica tion, licensing, and regulatory provisions applicable to professional sanitarians and sanitarians.

The Senate Committee on Governmental Operations offered the following substitute to SB 420:

A BILL

To be entitled an Act to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the certification and regulation of professional sanitarians; to define certain terms; to exempt certain persons in other professions from the certification, licensing, and regulatory provisions applicable to professional sanitarians; to establish the Georgia Board of Registered Professional Sanitarians and provide for its mem bership, powers, duties, and compensation; to provide for a seal and records of such board; to provide for the qualifications and standards for certification of professional sanitarians; to provide for the certification and registration of certain professional sanitarians by endorse ment; to provide for certain fees; to provide for renewal of registrations; to provide for ap peals; to provide procedures for the establishment of education programs in environmental health or control; to restrict the use of certain titles and abbreviations in connection with practice as a professional sanitarian; to provide that certain practices without a registration shall constitute a public nuisance; to provide for injunctive relief; to prohibit any person from practicing as a professional sanitarian if such person is not certified; to provide for professional sanitarian trainees; to provide penalties; to provide for termination; 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 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by adding at the end thereof a new Chapter 15 to read as follows:
"CHAPTER 15
2-15-1. As used in this chapter, the term:
(1) 'Board' means the Georgia Board of Registered Professional Sanitarians.

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257

(2) 'Environmental health and control programs' means programs for achieving or maintaining conditions to ensure an environment that is conducive to the health, comfort, safety, and well-being of and which provides adequate protection to the public.
(3) 'Officially recognized training' means a training program covering specific environ mental health and control subjects and instruction by or under supervision of recognized environmental control authorities.
(4) 'Professional sanitarian' means an environmental public health professional edu cated in the field of environmental health or physical or biological sciences and who is spe cially trained to organize, manage, and carry out education and enforcement activities as described in paragraph (6) of this Code section for the promotion and protection of the public health and the environment.
(5) 'Professional sanitarian trainee' means any person who has met the educational re quirements, as provided for in Code Section 2-15-6, but who has not completed the job training and experience requirement of this chapter for registration as a professional sanitarian.
(6) 'Scope of practice in environmental health' means the practice of environmental health and protection for the purpose of prevention of environmental health hazards and the promotion and protection of the public health and the environment by professional san itarians within the meaning of this chapter and shall include but not be limited to profes sional public or private activities in the following areas: air quality; food protection; hazard ous substances; housing; institutional environmental health and safety; radiation protection; recreational swimming areas and waters; solid, liquid, and hazardous waste management; vector control; water sanitation; disaster sanitation; ionizing radiation; milk and dairy sani tation; and rabies control.
2-15-2. This chapter recognizes the existence of overlapping functions with other pro fessions carrying out specific activities which may include some aspects of the field of envi ronmental health. This chapter does not require registration of individuals such as indus trial hygienists, health physicists, safety engineers, civil engineers, land surveyors, other registered professional engineers, or others with overlapping functions. This chapter does not require registration of individuals performing duties described in this Code section un less those individuals represent themselves as professional sanitarians.
2-15-3. (a) The Georgia Board of Registered Professional Sanitarians is created and shall be under the jurisdiction of the Commissioner of Agriculture. The board shall be com posed of seven members who shall be residents of this state and who shall be appointed by the Governor as provided in subsection (d) of this Code section.
(b) No members of such board shall be appointed for more than two consecutive terms.
(c) Vacancies on the board shall be filled by the Governor for the unexpired terms in the same manner as for the original appointments.
(d) (1) Seven members of the board shall at all times consist of the following:
(A) One registered professional sanitarian from the Georgia Department of Agriculture, district level;
(B) One registered professional sanitarian from the Georgia Department of Agriculture, state level;
(C) One registered professional sanitarian from a Department of Human Resources local health department;
(D) One registered professional sanitarian from the Department of Human Resources, state level;
(E) One registered professional sanitarian from industry;
(F) One additional registered professional sanitarian; and

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(G) One member of the board shall be a consumer member who is not a registered professional sanitarian.
(2) The members of the initial board shall be appointed as follows: the consumer mem ber and one other member shall be appointed to three-year terms; three members shall be appointed to two-year terms; and two members shall be appointed to one-year terms. Each member shall serve the term of office to which appointed and until his or her successor is appointed. Upon the expiration of the term of office of each member of the initial board, a successor shall be appointed for a term of three years, and all succeeding appointments made under this subsection shall be for three-year terms and until successors are appointed. Any professional sanitarian appointed as a member of the board prior to July 1, 1988, shall not be required to be registered under this chapter at the time of appointment but must become so registered within 12 months following appointment.
(e) The board shall meet annually and shall elect from among its members a president and a vice-president and such other officers as the board may deem necessary. All officers shall be elected annually by the board for terms of one year each or until their successors shall have been elected. The board may hold such other meetings during the year as may be necessary to transact its business.
(f) Each member of the board other than state officers or employees shall be reimbursed the same as members of other examining boards as provided for in subsection (f) of Code Section 43-1-2.
2-15-4. (a) The board is authorized to:
(1) Adopt and, from time to time, amend or repeal such rules and regulations consistent with the law as may be necessary to enable it to carry into effect this chapter and to regu late the practice of professional sanitarians in conformity with accepted professional standards;
(2) Upon request, review and recommend standards and curricula for educational pro grams preparing persons for registration under this chapter and for continuing educational programs available to practicing professional sanitarians;
(3) Upon request, provide for surveys of such programs at such times as it may be deemed necessary and bring the professional sanitarians into the mainstream of all environ mental programs within this state;
(4) Upon request, review and recommend such programs as will meet the requirements of this chapter and of the board;
(5) Examine, register, and renew registrations of duly qualified applicants as profes sional sanitarians;
(6) Establish procedures whereby reciprocity may be granted;
(7) Conduct hearings upon charges calling for discipline of a professional sanitarian or for the revocation, denial, or suspension of a registration;
(8) Keep records of all its proceedings;
(9) Make an annual report to the Governor;
(10) Have and use an official seal which shall bear the words 'Georgia Board of Regis tered Professional Sanitarians';
(11) Upon request, review and recommend job descriptions for professional sanitarians consistent with this chapter and existing laws;
(12) Receive and pass upon applications for and to grant, refuse, suspend, and revoke registration of registered professional sanitarians;
(13) Make and promulgate such rules and regulations as may be necessary to administer this chapter; and
(14) Appoint, at such times as it deems necessary, one or more resource councils con-

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259

sisting of nonboard members to serve at the pleasure of the board and provide assistance to the board in carrying out its duties, provided that at no time shall the membership of any such council exceed six persons nor shall the members thereof receive any compensation, allowances, or expenses for services thereon.
(b) The board is authorized to charge an application fee, examination fee, reexamination fee, initial registration fee, renewal fee, reciprocal fee, reinstatement fee, and duplicate fee and may establish the amount of each fee to be charged; provided, however, that the initial fees shall be as follows:
(1) Application fee ................................................. $ 50.00
(2) Examination fee ................................................ 25.00
(3) Reexamination fee .............................................. 25.00
(4) Initial registration fee ........................................... 50.00
(5) Renewal fee .................................................... 75.00
(6) Reciprocal fee .................................................. 75.00
(7) Reinstatement fee............................................... 100.00
(8) Duplicate fee ................................................... 25.00
Each fee so established shall be reasonable and shall be determined with the approval of the Commissioner so that the total amount of fees charged by the board shall approximate the total of the direct and indirect costs to the state of the operations of the board. Fees may be refunded for good cause, as determined by the Commissioner.
2-15-5. (a) Any person desiring to be registered as a professional sanitarian in this state shall make written application to the board to take the sanitarian examination. The applica tion shall include evidence that the applicant will possess, within 30 days after the examina tion and as certified by the department head and dean of the applicant's college or univer sity, or already possesses a degree from a four-year accredited college or university with a minimum of 40 quarter hours total in basic physical, biological, or sanitary sciences or any combination of these.
(b) The application shall be accompanied by a fee as provided in paragraph (1) of sub section (b) of Code Section 2-15-4.
(c) If the board determines that an applicant possesses the proper qualifications, it shall admit the applicant to the next examination. An examination fee as provided in paragraph (2) of subsection (b) of Code Section 2-15-4 shall be required.
(d) The board shall hold at least two examinations each year and may hold such addi tional examinations as are necessary. The preparation, administration, and grading of exam inations shall be governed by rules prescribed by the board; provided, however, that the examination shall consist of the national examination issued by the National Environmental Health Association or any other examination approved by the board and validated by the Commissioner.
(e) After each examination, the Commissioner shall notify each examinee of the result of his or her examination. Any person taking the examination for a second or subsequent time shall be required to pay the reexamination fee provided in paragraph (3) of subsection (b) of Code Section 2-15-4. Any person failing three consecutive examinations shall be re quired to provide proof of additional training to the board. After providing such proof of training, a person shall be admitted to any subsequent examination upon payment of the reexamination fee.
(f) The board shall register persons who have successfully completed the examination and have completed two years of on-the-job training; provided, however, that the board may accept one year of on-the-job training when the applicant has participated in a board ap proved organized training program sponsored by industry or government. The Commis-

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sioner shall record the new registration and issue a certificate of registration. The initial registration fee provided in paragraph (4) of subsection (b) of Code Section 2-15-4 shall be charged for such initial registration.
2-15-6. The board may certify and register a professional sanitarian by endorsement, without examination, who has been duly registered or licensed as a professional sanitarian under the laws of another agency, state, or nation if, in the opinion of the board, the appli cant possesses qualifications comparable to those provided for in this chapter for registra tion as a professional sanitarian.
2-15-7. (a) The registration of every person under this chapter shall be renewable bien nially and a renewal fee shall be required as provided in subsection (b) of Code Section 215-4.
(b) To be eligible for renewal of a registration, the applicant must have completed sub sequent to the date the last registration was issued at least ten contact hours of continuing professional education as prescribed by the board through rules and regulations. Nothing in this Code section shall prohibit an applicant for renewal of a registration from obtaining the required number of continuing professional education hours through a program adminis tered by a state agency, provided that any such continuing professional education program is approved by the head of the state agency and the board.
(c) If the applicant's registration as a professional sanitarian has been expired for two or more years immediately prior to his or her application for renewal, the applicant shall present, along with such application, a validation of successful completion of a board ap proved refresher course or other specific training in environmental control. Such course or training shall consist of such number of continuing professional education hours, of at least ten contact hours, as prescribed by the board through rules and regulations.
(d) Any person who fails to renew his or her registration as required in this chapter shall be subject to a reinstatement fee as provided in subsection (b) of Code Section 2-15-4.
2-15-8. (a) Any person who submits to the board satisfactory evidence that such person was on or after July 1, 1986, the holder of a valid license authorizing the practice as a registered professional sanitarian, which license was issued by the former Georgia Board of Registered Professional Sanitarians, shall not be required to take the examination provided in Code Section 2-15-5 and, upon payment of an initial registration fee, shall be certified and registered as a professional sanitarian.
(b) If any person described under subsection (a) of this Code section does not make application and remit the appropriate fee to the board by July 1, 1989, such person must then satisfy all the requirements of Code Section 2-15-5 in order to obtain registration as a professional sanitarian.
2-15-9. Anyone aggrieved by any order of the board denying, suspending, or revoking any registration as provided for in this chapter shall have a right of appeal to the superior court of the county in which the office of the Commissioner is maintained; and service upon such Commissioner shall be service upon the board.
2-15-10. (a) An agency wishing to establish an education program at the college or uni versity level in environmental health or environmental control shall submit to the board a written plan of organization including the following:
(1) The purposes and objectives of the program;
(2) The composition, power, duties, and responsibilities of the governing body of the program;
(3) The financial plan for operation;
(4) The titles and duties of the members of the faculty and the qualifications of each;
(5) The proposed curriculum and the plan for its administration;

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261

(6) The resources available, such as other agencies, affiliated with or in connection with which the program will be conducted;
(7) The standards to be met by the students; and
(8) Such other written evidence in accordance with the requirement for accreditation as prescribed by the board and set forth in rules and regulations adopted by the board.
(b) The board shall cause to be conducted a general survey of the proposed educational program at the college or university level and of the facilities; and a written report of the survey shall be submitted to the board which shall consider the application and take action at a regular or called meeting of the board.
(c) Establishment of an education program at the college or university level in environ mental health or environmental control shall be contingent on a periodic review by the board, as set forth in rules and regulations adopted by the board.
2-15-11. (a) No person shall be employed as or represent himself to be a 'Professional Sanitarian," as defined in paragraph (4) of Code Section 2-15-1, or use the abbreviations 'RPS' or 'RS' unless such person is registered under this chapter.
(b) This Code section shall not prohibit:
(1) The employment of a professional sanitarian trainee as defined in paragraph (5) of Code Section 2-15-1 until completion of an officially recognized training program;
(2) The practice of any professional sanitarian who is employed by the United States government or any bureau, division, or agency thereof while in the discharge of his or her official duties; or
(3) The employment of qualified scientific-technical personnel by any state agency.
2-15-12. (a) The practice as a professional sanitarian by any person who is not regis tered under this chapter or whose registration has expired or has been suspended or revoked is declared to be inimical to the public welfare and to constitute a public nuisance; provided, however, that this Code section shall not apply to practice as a professional sanitarian by persons whose employment is not prohibited under subsection (b) of Code Section 2-15-11.
(b) The board may, in the name of the state through the Attorney General or through a district attorney, apply for an injunction in any court of competent jurisdiction to enjoin any person who has not been issued a registration or whose registration has expired or has been suspended or revoked from practicing as a professional sanitarian; and, upon the filing of a verified petition in such court, the court, if satisfied by affidavit, or otherwise, that such person is or has been practicing as a professional sanitarian without having been registered or after his registration has expired or has been suspended or revoked may issue a tempo rary injunction enjoining the defendant from further practice as a professional sanitarian.
(c) The relief provided by this Code section shall be in addition to, and not in lieu of, all penalties and remedies otherwise provided by law.
2-15-13. (a) It shall be unlawful for any person to represent himself or herself as or perform duties of a professional sanitarian unless such person is the holder of a valid certifi cate of registration issued by the board.
(b) Any person violating subsection (a) of this Code section shall be guilty of a misde meanor and, upon conviction thereof, for a first offense shall be punished by a fine of not less than $500.00 nor more than $1,000.00 and for each subsequent offense shall be punished by a fine of $1,000.00 or by imprisonment for not more than one year, or by both fine and imprisonment.
2-15-14. For the purposes of Chapter 2 of Title 43, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Board of Registered Professional Sanitarians shall be terminated on July 1, 1994, and this chapter and any other laws relating to such board shall be repealed in their entirely effective on the date specified in Code Section 43-2-8."

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Section 2. This Act shall become effective July 1, 1988, except that for purposes of making initial appointments to the Georgia Board of Registered Professional Sanitarians, this Act shall become effective May 1, 1988.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 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 Barnes Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge English

Fincher Foster Garner Gillis Harris Harrison Howard Hudgins Huggins Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Tate Turner Walker

Those voting in the negative were Senators:

Barker

Stumbaugh

Taylor

Those not voting were Senators:

Bowen Brannon Broun (excused) Dawkins

Engram Hine Johnson Kennedy (presiding)

Scott of 2nd Timmons Tysinger

On the passage of the bill, the yeas were 42, nays 3.

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

SB 423. By Senator Kidd of the 25th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the regulation of athlete agents; to define certain terms; to provide for the effect of personal service contracts between athletes and owners or prospective owners of professional sports teams; to provide for the registration of athlete agents.

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263

The Senate Committee on Governmental Operations offered the following substitute to SB 423:
A BILL
To be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the regulation of athlete agents; to provide a short title; to define certain terms; to provide for the registration of athlete agents; to provide grounds for refusal to grant registration; to provide for hearings; to pro vide for revocation of registration; to provide for the duration of registration; to provide for fees; to require athlete agents to have surety bonds; to prohibit certain conduct of athlete agents; to provide for the effect of failure to comply with certain provisions of law; to pro vide for confidentiality of certain records; to provide for the applicability of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; to provide for sanctions and penal ties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding between Chapter 4 and Chapter 5 a new Chapter 4A to read as follows:
"CHAPTER 4A
43-4A-1. This chapter shall be known and may be cited as the 'Georgia Athlete Agents Regulatory Act of 1988.'
43-4A-2. As used in this chapter, the term:
(1) 'Agent contract' means any contract or agreement pursuant to which an athlete au thorizes or empowers an athlete agent to negotiate or solicit on behalf of the athlete with one or more professional sports teams for the employment of the athlete by one or more professional sports teams or to negotiate or solicit on behalf of the athlete for the employ ment of the athlete as a professional athlete.
(2) 'Athlete' means an individual who is a resident and who is a member of a sports team of a university located in this state which is a member of a national association for the promotion and regulation of intercollegiate athletics. Such term shall also include an indi vidual who is under scholarship to become a member of a sports team at such a university.
(3) 'Athlete agent' means any person who, as an independent contractor, directly or indirectly, recruits or solicits any athlete to enter into any agent contracts or professional sports services contact or for a fee procures, offers, promises, or attempts to obtain employ ment for any athlete with a professional sports team or as a professional athlete. Athlete agent shall also include any member of the State Bar of Georgia or bar of another jurisdic tion when advising athlete clients and when attempting to negotiate a professional sports services contract for a client. Athlete agent does not include any employee or other repre sentative of a professional sports team.
(4) 'College eligibility' means eligibility of an athlete to participate in a sport at a uni versity as determined by the rules of a national association for the promotion and regulation of intercollegiate athletics with which the university is affiliated.
(5) 'Person' means any individual, company, corporation, association, partnership, or its agents or employees.
(6) 'Professional sports services contract' means any contract or agreement pursuant to which an athlete is employed or agrees to render services as a player on a professional sports team or as a professional athlete.
(7) 'Resident' means a person who is a legal resident of this state and shall also include a student enrolled in a university in this state.

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(8) 'University' means an institution of higher education located in this state which is a member of a national association for the promotion and regulation of intercollegiate athletics.
43-4A-3. No person shall engage in or carry on the occupation of an athlete agent either within the state or with a resident of the state without first registering with the jointsecretary.
43-4A-4. An application, in writing and under oath, for registration shall be made to the joint-secretary on the form prescribed by the joint-secretary and shall state the following:
(1) The name of the applicant and address of the applicant's residence;
(2) The address where the business of the athlete agent is to be conducted;
(3) The business or occupation engaged in by the applicant for at least two years imme diately preceding the date of application; and
(4) Any criminal offense for which such applicant has been convicted.
43-4A-5. (a) The joint-secretary shall refuse to grant a registration upon proof that the applicant:
(1) Has made false or misleading statements of a material nature in his or her applica tion for registration;
(2) Has ever misappropriated funds or engaged in other criminal acts such as embezzle ment, theft, or fraud which would render him or her unfit to serve in a fiduciary capacity;
(3) Has been convicted of a crime covered by Article 2 of Chapter 12 of Title 16 or has been convicted of a gambling offense in another state; or
(4) Has been convicted of an offense relating to the profession of an athlete agent in another state.
(b) Notice of refusal to grant a registration is required to be sent by registered mail or personal service setting forth the particular reasons for the refusal and fixing a date at which time the applicant shall be given an opportunity for a prompt and fair hearing. The written notice shall be sent to the applicant's last known address, but the nonappearance of the applicant shall not prevent such a hearing. The hearing shall be conducted by the jointsecretary by means of sworn, recorded testimony. Parties have the right to be represented by counsel and to conduct cross-examination of witnesses.
(c) On the basis of any hearing or upon default of applicant, the joint-secretary shall make a determination specifying its findings of fact and conclusions. A copy of such deter mination shall be sent by registered mail or served personally upon the applicant. The deci sion of the joint-secretary denying the registration shall become final 30 days after so mailed or served unless within said period the applicant appeals the decision pursuant to Chapter 13 of Title 50. No such appeal, while pending appropriate court action, shall supersede such denial.
43-4A-6. (a) The joint-secretary shall revoke the registration of an athlete agent for any violation of those provisions set forth in Code Section 43-4A-5 or for a violation of Code Section 43-4A-11.
(b) Prior to the revocation of the registration, the joint-secretary shall follow such stan dards and procedures as set forth in Code Section 43-4A-5.
43-4A-7. (a) A registration shall be valid from July 1 of one year through June 30 of the following year unless otherwise provided by the joint-secretary. Renewal of a registration shall require the filing of an application for renewal, and a renewal bond, if applicable. The annual renewal fee shall be paid by the athlete agent at the time of filing such application.
(b) A filing fee to be determined by the joint-secretary shall be paid at the time the application for issuance of an athlete agent registration is filed.
(c) In addition to the filing fee required for application for issuance of an athlete agent

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registration, every athlete agent shall pay to the joint-secretary annually at the time regis tration is obtained or renewed a registration or renewal fee.
(d) The joint-secretary shall set the fees required by this Code section in the amount necessary to generate sufficient revenue to cover the costs of administration and enforce ment of this chapter.
43-4A-8. An athlete agent shall deposit or have deposited with the joint-secretary, prior to the issuance of a registration or renewal of a registration, a surety bond in the penal sum of $100,000.00. Such surety bond shall be executed in the favor of the state with a surety company authorized to do business in this state and conditioned to pay damages in the amount of such bond to any athletic association of a university in this state aggrieved by any act of the principal named in such bond, which act is in violation of Code Section 434A-11 and would be grounds for revocation of a license under Code Section 43-4A-6. If more than one athletic association suffers damages by the actions of an athlete agent, each ath letic association shall receive a pro rata share of the amount of the bond based on the enti tlement of one share of such amount of the bond for each athlete who loses college eligibility as a result of actions of the athlete agent.
43-4A-9. If any registrant fails to maintain such bond so as to comply with the provi sions of Code Section 43-4A-8, the registration issued to the athlete agent shall be sus pended until such time as a new bond is obtained. An athlete agent whose registration is suspended pursuant to this Code section shall not carry on business as an athlete agent during the period of suspension.
43-4A-10. Each registration shall contain the following:
(1) The name of the registrant;
(2) A designation of the address of the place in which the registrant is authorized to carry on business as an athlete agent; and
(3) The registration number and date of issuance of the registration.
43-4A-11. (a) An athlete agent who intends to sign an athlete to an agent contract prior to the termination of the athlete's college eligibility in a sport in which the athlete partici pates at a university in this state shall notify the joint-secretary in writing. The athlete agent shall provide the name of the athlete and the athlete's university and the sport or sports in which the athlete competes at such university. The joint-secretary shall within three business days notify in writing the athletic director of the university attended by the athlete. Except as otherwise provided in this subsection for notification of the athletic direc tor, the notice filed by the athlete agent with the joint-secretary shall be confidential infor mation and not a public record. The athlete agent shall not be permitted to sign the athlete to an agent contract until the expiration of 30 days from the date that the joint-secretary received notice from the agent of the intention to sign such contract.
(b) Prior to the signing of an agent contract, an athlete agent shall not compensate any athlete or take any other action in connection with such athlete which may jeopardize such athlete's college eligibility to participate in a sport at the university in which such athlete is under scholarship or participates in such sport.
(c) If an athlete agent fails to comply with the provisions of subsection (a) or (b) of this Code section, such athlete agent shall be liable for damages in the amount of the bond deposited pursuant to Code Section 43-4A-8 to any athletic association of a university for which an athlete participates, which athlete was the subject of the agent contract or consid eration or other action resulting in a violation of this Code section. The provisions of this subsection shall apply regardless of whether an athlete loses any college eligibility at such university.
43-4A-12. The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Proce dure Act,' shall be applicable to the joint-secretary and the provisions of this chapter."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

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

Newbill Olmstead Peevy Perry Phillips Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Bowen Broun (excused) Johnson

Kennedy (presiding) McKenzie Ragan of 10th

Scott of 2nd Timmons

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

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

Senator Echols of the 6th moved that the following local bill of the Senate, having passed previously today, be immediately transmitted to the House:

SB 535. By Senator Echols of the 6th:
A bill to provide that future school superintendents of the Pierce County School District shall be appointed by the board of education rather than elected; to pro vide for all related matters; to provide for a referendum; to provide effective dates.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 535 was immedi ately transmitted to the House.

Senator Deal of the 49th moved that the following bill of the House, having passed previously today, be immediately transmitted to the House:

HB 778. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd and others:
A bill to amend Code Section 48-5-52 of the Official Code of Georgia Annotated, relating to homestead exemptions from school district ad valorem taxation for residents who are 62 years of age or over and who meet certain income qualifica-

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tions, so as to change the income qualifications for such homestead exemption; to provide for a referendum and for effectiveness conditioned upon referendum approval.
On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 778 was imme diately transmitted to the House.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 429. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A bill to amend Code Section 17-10-3 of the Official Code of Georgia Annotated, relating to punishment for misdemeanors generally, so as to change the provi sions relating to punishment for misdemeanors; to change the provisions relating to confinement; to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Department of Corrections over cer tain misdemeanor offenders, so as to change certain provisions relating to juris diction of the department over misdemeanor offenders.
Senator Barnes of the 33rd offered the following substitute to SB 429:
A BILL
To be entitled an Act to amend Code Section 17-10-3 of the Official Code of Georgia Annotated, relating to punishment for misdemeanors generally, so as to change the provi sions relating to punishment for misdemeanors; to change the provisions relating to confine ment; to amend Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to the maintenance of inmate records, so as to change provisions relating to good-time al lowances for misdemeanor offenders; to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Department of Corrections over cer tain misdemeanor offenders, so as to change certain provisions relating to jurisdiction of the department over misdemeanor offenders; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 17-10-3 of the Official Code of Georgia Annotated, relating to punishment for misdemeanors generally, is amended by striking in their entirety subsec tions (a), (b), and (c), which read as follows:
"(a) Except as otherwise provided by law, every crime declared to be a misdemeanor shall be punished either:
(1) By a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for mainte nance of county inmates, for a total term not to exceed 12 months, or both; or
(2) By confinement under the jurisdiction of the Board of Corrections in a state or county correctional institution or such other institution as the Department of Corrections may direct, for a determinate term of months which shall be more than six months but shall not exceed a total term of 12 months.
(b) Either the punishment provided in paragraph (1) or (2) of subsection (a) of this Code section, but not both, may be imposed in the discretion of the sentencing judge. Mis demeanor punishment imposed under either paragraph may be subject to suspension or pro bation, but the punishment provided in paragraph (2) of subsection (a) of this Code section shall not be subject to suspension or probation wholly or partially upon payment of a fine either directly or indirectly. The sentencing courts shall retain jurisdiction to amend, mod ify, alter, suspend, or probate sentences under paragraph (1) of subsection (a) of this Code section at any time, but in no instance shall any sentence under the paragraph be modified in a manner to place a county inmate under the jurisdiction of the Board of Corrections.

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(c) Any person adjudicated guilty of a misdemeanor for the first time, who was on the date that the misdemeanor was committed between the ages of 16 and 18 years old, shall be punished by a fine not to exceed $1,000.00 or confined exclusively under the jurisdiction of the Board of Corrections for a period not to exceed 12 months.",
and inserting in lieu thereof new subsections (a), (b), and (c) to read as follows:
"(a) Except as otherwise provided by law, every crime declared to be a misdemeanor shall be punished either by a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other place as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both.
(b) Except as otherwise provided by law, any person adjudicated guilty of a misde meanor for the first time, who on the date that the misdemeanor was committed was be tween the ages of 16 and 18 years, shall be punished by a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other place as counties may provide for maintenance of county inmates for a period not to exceed 12 months.
(c) The misdemeanor punishment imposed under subsection (a) or (b) of this Code section may be subject to suspension or probation, and the sentencing courts shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences under subsection (a) or (b) of this Code section at any time; but in no instance shall any sentence under subsection (a) or (b) of this Code section be modified in a manner to place a county inmate under the jurisdiction of the Board of Corrections."
Section 2. Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to the maintenance of inmate records, is amended by striking subsection (b) thereof which reads as follows:
"(b) (1) The sheriff, chief jailer, warden, or other officer designated by the county as custodian of inmates confined as county inmates as provided in subsection (a) of Code Sec tion 17-10-3 shall award good-time allowances to such inmates based on institutional behav ior. Good-time allowances shall not be awarded which exceed one-half of the period of con finement imposed.
(2) Upon receipt of an inmate sentenced to confinement as a county inmate, the custo dian of such inmate shall compute the maximum good-time allowance that such inmate may earn. The custodian may make appropriate deductions from such maximum earnable goodtime allowance based on the institutional behavior of such inmate while in custody as a county inmate.
(3) An inmate sentenced to confinement as a county inmate shall be released at the expiration of his sentence less the time deducted for good-time allowances.",
and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) The sheriff, chief jailer, warden, or other officer designated by the county as custodian of inmates confined as county inmates as provided in subsection (a) or (b) of Code Section 17-10-3 shall award good-time allowances to all such inmates based on institutional behavior. Except as provided in paragraph (3) of this subsection, good-time allowances shall not be awarded which exceed two-thirds of the period of confinement imposed.
(2) Upon receipt of an inmate sentenced to confinement as a county inmate, the custo dian of such inmate shall compute the maximum good-time allowance authorized by para graph (1) of this subsection that such inmate may earn. The custodian may make appropri ate deductions from such maximum earnable good-time allowance based on the institutional behavior of such inmate while in custody as a county inmate.
(3) In the event that any jail or other county facility operated by a county to confine inmates sentenced to confinement as county inmates operates with an inmate population that exceeds its actual bed space capacity, as recorded with the Department of Community Affairs, for 15 consecutive days, the custodian of the jail or other county facility may declare

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a state of emergency. The custodian making such declaration shall transmit an affidavit to the Department of Community Affairs affirming that the statutory requirements for such an emergency exist and whatever supporting evidence the Department of Community Affairs may require. Upon receipt of such affidavit, the Department of Community Affairs shall certify that a declaration of a state of emergency has been properly submitted to it under this Code section and any rules that may be promulgated for the administration of this Code section. The custodian of the subject jail or other county facility shall, through the awarding of additional good-time allowances to all county inmates confined within the sub ject jail or other county facility based on institutional behavior not to exceed four-fifths of the original period of confinement imposed, release sufficient inmates to reduce the inmate population to equal the actual bed space capacity of the subject jail or other county facility and to maintain the inmate population at that level.
(4) An inmate sentenced to confinement as a county inmate shall be released at the expiration of his sentence less time deducted for good-time allowances."
Section 3. Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Department of Corrections over certain misdemeanor offenders, is amended by striking subsections (a) and (b) in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) The department shall have no authority, jurisdiction, or responsibility with respect to misdemeanor offenders sentenced under subsections (a) and (b) of Code Section 17-10-3 to confinement in the county or other jail, county correctional institution, or such other place as counties may provide for maintenance of county inmates. The county wherein the sentence is imposed shall have the sole responsibility of executing the sentence and of pro viding for the care, maintenance, and upkeep of the inmate while serving such sentence; provided, however, that, where the sentencing judge certifies to the department that the county facilities of that county are inadequate for maintaining female inmates, any female inmate may be committed to the department to serve her sentence in a state correctional institution, as may be directed by the department; provided, further, that the delivery of the female inmates to the proper place of incarceration shall be at the expense of the county of conviction.
(b) Where any person is convicted of any felony and sentenced to serve time in any penal institution in this state, he shall be committed to the custody of the commissioner who, with the approval of the board, shall designate the place of confinement where the sentence shall be served."
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.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of the substitute and bill will be suspended until the next meeting day of the Senate, Monday, February 1.
SB 430. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A bill to amend Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to membership of the Criminal Justice Coordinating Council, so as to add the chairman of the Juvenile Justice Coordinating Council to the council.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge Fincher

Foster Garner Gillis Harris Harrison Hine Howard Hudgins Johnson Kidd Land Langford McGill McKenzie Newbill Olmstead

Peevy Perry Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Broun (excused) English

Engram Huggins

Kennedy (presiding) Phillips

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

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

SB 431. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for a program of assistance to victims of crime under certain circumstances; to provide for declaration of purpose; to de fine certain terms; to provide for the Georgia Crime Victims Compensation Board and for the appointment and compensation of its members.

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

On the passage of the 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 English Fincher Gillis Harris Harrison Hine Howard Hudgins Johnson Kidd Land

Langford McGill McKenzie Newbill Olmstead Peevy Perry Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake

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Starr Stumbaugh Tate

Taylor Timmons Turner

Tysinger Walker

Those not voting were Senators:

Bowen Broun (excused) Coleman

Engram Foster Garner

Huggins Kennedy (presiding) Phillips

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

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

SB 434. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to revise the require ments for imposition of periods of probation; to provide for a maximum duration of any period of probation; to provide an effective date.

The Senate Committee on Corrections offered the following substitute to SB 434:

A BILL
To be entitled an Act to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to revise the require ments for imposition of periods of probation; to provide for a maximum duration of any period of probation or suspension; to provide for suspended sentences; to provide for revoca tion of probation and suspension; to provide for procedures connected therewith; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," is amended by striking subsection (c) of Code Section 42-8-34, relating to placement of defendants on probation under supervision, which reads as follows:
"(c) If it appears to the court upon a hearing of the matter that the defendant is not likely to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon the defendant but may stay and suspend the execution of the sentence or any portion thereof or may place him on probation under the supervision and control of the probation supervisor for the duration of such pro bation. The period of probation or suspension shall not exceed the maximum sentence of confinement which could be imposed on the defendant, except as provided in subsection (d) of this Code section.",
and inserting in its place a new subsection (c) to read as follows:
"(c) (1) If it appears to the court upon a hearing of the matter that the defendant is not likely to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon the defendant, but may stay and suspend the execution of the sentence or may place the defendant on probation under the supervision and control of a probation supervisor for the duration of such probation. The period of probation or suspension shall not exceed five years in the aggregate in any case or cases, except as provided by subsection (d) of this Code section or as provided in Code Section 42-8-34.1.

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(2) No period of probation shall be imposed by a sentencing court, upon original impo sition of sentence, in any case where the sentencing court has imposed as punishment a period of incarceration, except where the period of incarceration does not exceed 120 days and which period of incarceration was imposed pursuant to the terms of this article.
(3) A court imposing punishment upon a defendant for two or more cases arising out of the same transaction may impose a period of imprisonment in the first case and may impose a concurrent or consecutive suspended sentence in the remaining case or cases under the terms provided in Code Section 42-8-34.1.
(4) In cases where convictions occur in different terms of the same court and if such convictions do not arise out of the same criminal action, the sentencing court may impose a concurrent or consecutive period of probation in such case or cases to follow any sentence previously imposed on the defendant by the sentencing court, provided the sentence or sentences first imposed were not sentences of imprisonment or incarceration exceeding 120 days as set forth in paragraph (2) of this subsection. In the event the earlier sentence or sentences received by the same defendant provided for incarceration or imprisonment for a period in excess of 120 days or are revoked in whole or in part for more than 120 days, the sentencing court only may impose confinement or concurrent or consecutive suspended sentences for the new offense or offenses.
(5) A court may impose any sentence authorized by this Code section without taking into account or making reference to any sentence already being served by the defendant which was imposed in a different judicial circuit.
(6) A court shall not impose a probated sentence except in accordance with the provi sions of this Code section."
Section 2. Said article is further amended by adding between Code Section 42-8-34 and Code Section 42-8-35 a new Code Section 42-8-34.1 to read as follows:
"42-8-34.1. (a) No suspended sentence imposed as an alternative to probation imposed pursuant to Code Section 42-8-34 or as set forth in this Code section shall exceed five years for any one sentence or in the aggregate with other probated or suspended sentences im posed in the same court, except as provided in subsection (i) of this Code section.
(b) At the hearing provided in subsection (a) of Code Section 42-8-34 and prior to the consideration of probation of the defendant, the sentencing court in all misdemeanor cases, in all felony cases where the defendant has no prior or subsequent criminal record of convic tions and is charged with an offense or offenses which do not involve burglary or actual or threatened bodily harm or violence to the victim, or in other appropriate cases, shall first consider whether the sentence or sentences to be imposed should be suspended upon any or all of the conditions specified in subsection (c) of this Code section. Only if the sentencing court determines and expresses in its order the finding that the imposition of a probated sentence or confinement is necessary to ensure the safety of the public or to ensure justice to the victim or for other reasons that a suspended sentence is inappropriate and states its reasons and conclusions therefor, may the sentencing court then proceed to consider whether the defendant's sentence should be probated or the defendant should be confined as provided by law; otherwise, the court shall impose a suspended sentence or sentences.
(c) The court shall determine the terms and conditions of any suspended sentence im posed pursuant to provisions of this Code section or Code Section 42-8-34 and may provide that the defendant shall:
(1) Make reparation or restitution, in an amount to be determined by the court, to any aggrieved person for the damage or loss caused by his offense. Unless otherwise provided by law if the amount is in dispute, no reparation or restitution to any aggrieved person for the damage or loss caused by his offense shall be made unless the same has been adjudicated;
(2) Violate no local, state, or federal laws;
(3) Agree to waive extradition from any jurisdiction where he may be found and not contest any effort by any jurisdiction to return him to this state;

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(4) Pay any fine or cost imposed by the court;
(5) Notify the prosecuting official of the sentencing court of any change of address; and
(6) Satisfy any additional reasonable condition imposed by the court under the circum stances, except supervision by the Department of Corrections.
(d) The payment of restitution or reparation, costs, or fines ordered by the court may be payable in one lump sum or in periodic payments, as determined by the court after consideration of all the facts and circumstances of the case and of the defendant's ability to pay. Such payments shall, in the discretion of the sentencing judge, be made either to the clerk of the sentencing court or, if the sentencing court is a probate court, state court, or superior court, to the probation office serving said court.
(e) Whenever, within the period of a suspended sentence, the prosecuting official of the court which imposed the suspended sentence believes that the defendant has violated the terms of his suspended sentence in a material respect, he may petition the sentencing court to revoke the suspended sentence so imposed. A copy of the petition shall be served upon the defendant at least ten days before the date of hearing, giving him due notice of the specific allegations of the petition and notice of the time, date, and place of hearing, and requiring the defendant to show cause why his suspended sentence should not be revoked. Should the defendant not be found at his last known address for service of the petition or if after being served the defendant fails to appear at the time and place of hearing, upon affidavit of the prosecuting official or any law enforcement officer personally familiar with the unknown whereabouts of the defendant or his failure to appear, the sentencing court may issue a warrant for the arrest of the defendant, wherever found, and the defendant upon his arrest shall be returned to the court which imposed the suspended sentence.
(f) The court, upon the defendant under suspended sentence being brought before it, may commit him or release him with or without bail to await the hearing, or it may dismiss the charge. If the charge is not dismissed at this time, the court shall give the defendant an opportunity to be heard fully at the earliest possible date on his behalf, in person or by counsel.
(g) After the hearing, the court may revoke, modify, or continue the suspended sen tence. If the suspended sentence is revoked, the court may order the execution of the bal ance of the sentence originally imposed or any portion thereof as provided by law. In such event, the time that the defendant has served under the suspended sentence shall be consid ered part of the time he was originally sentenced to serve.
(h) Any unpaid fines, restitution, or any other moneys owed as a condition of the sus pended sentence shall be due when the defendant is arrested; but, if the entire balance of his suspended sentence is revoked, all the conditions of the sentence, including all moneys owed shall be negated by his imprisonment. If only a part of the balance of the suspended sentence is revoked, the defendant shall still be responsible for the full amount of the un paid fines, restitution, and other moneys after his release from imprisonment.
(1) (1) Where the limitation of a probated or suspended sentence to five years will work a demonstrable risk of danger to the victim of the crime charged or be manifestly inade quate a time during which all restitution sums to be paid by the defendant can be made, the court may impose a period of suspension in excess of five years which shall follow the initial five-year term of either probation or suspension. The sentencing court shall reduce to writ ing its findings of facts and circumstances justifying a period of suspension following the five-year term of probation or suspension; and the court shall specify in the sentence the conditions warranting the extended period of suspension in order to do justice to the victim in the case.
(2) After the expiration of the initial five-year term of the sentence, the sentence so imposed as set forth in paragraph (1) of this subsection shall not be revoked on any ground except violation of the express conditions imposed by the court for the protection of the victim or to render justice to the victim.

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(3) All sentences in excess of five years imposed pursuant to the exception set forth in subsection (a) of this Code section shall be subject to review as now or hereafter provided by law pursuant to Code Section 17-10-6.
(4) If a material change occurs in the underlying circumstances warranting the imposi tion of an extended period of suspension as set forth in paragraph (1) of this subsection such that the special conditions are no longer necessary to assure justice to the victim, the sentencing court, upon an adequate showing of such material change, shall terminate the balance of the extended portion of the suspended sentence.
(5) In the event that the defendant violates the terms and conditions of probation or suspension of an extended sentence imposed pursuant to paragraph (1) of this subsection, the sentencing court shall not be authorized to revoke more than the balance of the initial five-year term of probation or suspension, unless the violation alleged and proven by a pre ponderance of the evidence at the revocation hearing is a violation of the special conditions warranting the extended period of suspension. In that event the court may, in its discretion, revoke any portion or all of the balance of the entire sentence."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Bowen ^ ra " non ^U1rtn CCoolveemrdaenll Crumbley Dawkins Dean Echols English Garner

Gillis Harris Harrison Hine
Howard Hudgins Johnson Kidd
Land McGm McKenzie Newbill Olmstead Peevy Perry

Phillips Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th Shumake Starr ,,Stumb, augh, Tate Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Deal

Edge

Langford

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275

Those not voting were Senators:

Broun (excused) Bryant Engram

Fincher Foster

Huggins Kennedy (presiding)

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

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

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

Mr. President:

The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:

HB 778. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Edwards of the 112th, Groover of the 99th and others:
A bill to amend Code Section 48-5-52 of the Official Code of Georgia Annotated, relating to homestead exemptions from school district ad valorem taxation for residents who are 62 years of age or over and who meet certain income qualifica tions, so as to change the income qualifications for such homestead exemption; to provide for a referendum and for effectiveness conditioned upon referendum approval.

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

HB 778. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd and others:
A bill to amend Code Section 48-5-52 of the Official Code of Georgia Annotated, relating to homestead exemptions from school district ad valorem taxation for residents who are 62 years of age or over and who meet certain income qualifica tions, so as to change the income qualifications for such homestead exemption; to provide for a referendum and for effectiveness conditioned upon referendum approval.

The House amendment was as follows:
Amend the Senate substitute to HB 778 by striking the figure "$11,500.00" where it appears on line 12 of page 2 and on line 15 of page 4, and by inserting in lieu thereof in each such place the figure "$10,000.00".
By striking the figure "$11,500.00" where it appears on lines 15 and 21 of page 6 and inserting in lieu thereof in each such place the figure "$10,000.00".

Senator Deal of the 49th moved that the Senate agree to the House amendment to the Senate substitute to HB 778.

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 Burton Coleman

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Coverdell Crumbley Dawkins Deal Dean Echols Edge English Foster Garner Gillis Harris Harrison

Hine Howard Hudgins Johnson Kidd Land Langford McGill McKenzie Olmstead Peevy Perry Phillips

Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Bryant Engram

Fincher Huggins Kennedy (presiding)

Newbill Scott of 2nd

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 778.

The following communication from His Excellency, Governor Joe Frank Harris, was received and read by the Secretary:

STATE OF GEORGIA Office of the Governor
Atlanta 30334
January 27, 1988
Honorable Zell Miller Lieutenant Governor and
President of the Senate and Members of the Senate Senate Chambers Atlanta, Georgia 30334
Dear Lieutenant Governor Miller and Members of the Senate:
I submit to you, as provided by law, the following appointments for confirmation.
The following named persons as members of the Georgia Agricultural Exposition Au thority, for the term of office beginning September 23, 1987 and ending June 30, 1991: Wil liam R. Howard of Fulton County; and William A. Roquemore of Lanier County.
Honorable Walter C. Thomas of Fayette County as a member of the State Board of Barbers, for the term of office beginning December 29, 1987 and ending December 29, 1990.
The following named persons as members of the Construction Industry Licensing Board, Division of Electrical Contractors, for the term of office beginning August 24, 1987 and ending June 30, 1991: Riley T. Stephens of Gwinnett County; Charles T. Burdette of Bibb County; Morris Edwin Harrison, Sr. of Gwinnett County; and James C. Boone of Gwinnett County.
The following named persons as members of the Construction Industry Licensing Board, Division of Master Plumbers and Journeyman Plumbers, for the term of office begin ning August 24, 1987 and ending June 30, 1991: Paul J. Addis of Clayton County; Kenneth S. Aitken of Fayette County; Thomas C. Payne of Cobb County; and James J. Smith of Cobb County.

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The following named persons as members of the Construction Industry Licensing Board, Division of Conditioned Air Contractors, for the term of office beginning August 24, 1987 and ending June 30, 1991: Fred Eugene Fowler of Whitfield County; Michael J. McDevitt of Chatham County; F. Edward Rhodes of Tift County; and Edwin L. Whatley of Spalding County.
The following named persons as members of the Construction Industry Licensing Board, Division of Low-voltage Contractors, for the term of office beginning August 24, 1987 and ending June 30, 1991: Michael A. Brewton of Gwinnett County; Carrie King Downs of Gwinnett County; Terry W. Lewis of Bartow County; Robert Van Stanford of Gwinnett County; and Hoyt L. Swaney of Clayton County.
The following named persons as members of the Construction Industry Licensing Board, Consumer Members, for the term of office beginning August 24, 1987 and ending June 30, 1991: Judy Hanenkrat of Fulton County; and Woodrow Walker, Jr. of DeKalb County.
Honorable Melvin J. Griffin of Fulton County as a member of the Construction Indus try Licensing Board, Division of Electrical Contractors, for the term of office beginning Sep tember 9, 1987 and ending June 30, 1991.
Honorable James M. Swann of Rockdale County as a member of the Construction In dustry Licensing Board, Division of Master Plumbers and Journeyman Plumbers, for the term of office beginning September 9, 1987 and ending June 30, 1991.
Honorable William T. Mann of Fulton County as a member of the Construction Indus try Licensing Board, Division of Conditioned Air Contractors, for the term of office begin ning September 9, 1987 and ending June 30, 1991.
Honorable Douglas J. Giorgio, Jr. of Chatham County as a member of the Georgia Board of Dentistry, for the term of office beginning November 20, 1987 and ending August 1, 1992.
The following named persons as members of the Georgia Board of Examiners of Li censed Dietitians, for the term of office beginning September 11, 1987 and ending June 30, 1991: Lou J. Bennett, R.D. of Crisp County; Evelyn D. Brown of Fulton County; and Willie I. Griffin of Cobb County.
Honorable Glenn M. Morris of Richmond County as a member of the State Board of Dispensing Opticians, for the term of office beginning July 8, 1987 and ending March 16, 1990.
Honorable Betty Jean Gober of Cobb County as a member of the State Board of Dis pensing Opticians, for the term of office beginning July 8, 1987 and ending May 1, 1990.
Honorable Charles Richard Sanders, Sr. of Bibb County as a member of the State Board of Dispensing Opticians, for the term of office beginning July 8, 1987 and ending March 16, 1991.
Honorable Ronald George Cohn of Fulton County as a member of the Fair Employment Practices Board, for the term of office beginning March 30, 1987 and ending September 29, 1988.
The following named persons as members of the Fair Employment Practices Board, for the term of office beginning March 30, 1987 and ending September 29, 1989: Maxine Goldstein of Baldwin County; and Rebecca Gonzales of Gwinnett County.
Honorable John F. Godbee, Jr. of Effingham County as a member of the Georgia Forest Research Council, for the term of office beginning September 2, 1987 and ending August 25, 1989.
Honorable James I. Alfriend of McDuffie County as a member of the Georgia Forest Research Council, for the term of office beginning September 2, 1987 and ending August 25, 1993.

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Honorable Kathryn H. Robie of Fulton County as a member of the Georgia Forest Re search Council, for the term of office beginning September 2, 1987 and ending August 25, 1994.
Honorable Walter B. Evans of Screven County as a member of the Georgia Forest Re search Council, for the term of office beginning December 2, 1987 and ending August 25, 1991.
Honorable Daniel Craig Earnest of Whitfield County as a member of the State Board of Registration for Foresters, for the term of office beginning September 3, 1987 and ending March 19, 1988.
Honorable Arthur Carter of Bartow County as a member of the State Board of Regis tration for Foresters, for the term of office beginning September 3, 1987 and ending June 30, 1990.
Honorable William R. Lazenby of Hall County as a member of the State Board of Re gistration for Foresters, for the term of office beginning September 3, 1987 and ending March 16, 1991.
Honorable William C. Humphries, Jr. of Twiggs County as a member of the State Board of Registration for Foresters, for the term of office beginning September 3, 1987 and ending March 19, 1992.
Honorable Gloria M. Shatto, Ph.D. of Floyd County as a member of the State Forestry Commission, for the term of office beginning January 1, 1988 and ending January 1, 1995.
The following named persons as members of the Board of Human Resources, for the term of office beginning April 14, 1987 and ending April 6, 1992: James K. Davis of Fulton County; Guy H. Davis, D.D.S. of Carroll County; Joseph V. Morrison, Jr., M.D. of Chatham County; and Robert L. Carmichael of Macon County.
Honorable John S. LeGette of Grady County as a member of the Board of Industry and Trade, for the term of office beginning August 20, 1987 and ending July 1, 1988.
The following named persons as members of the Board of Industry and Trade, for the term of office beginning August 20, 1987 and ending July 1, 1991: William J. Gaston, Jr. of Cobb County; R. Alex Grindler of Bulloch County; and George C. Woodruff, Jr. of Muscogee County.
Honorable Thomas Cordy of Fulton County as a member of the Board of Industry and Trade, for the term of office beginning August 20, 1987 and ending July 1, 1992.
Honorable Joseph Hobbs, M.D. of Richmond County as a member of the Joint Board of Family Practice, for the term of office beginning December 31, 1986 and ending July 1, 1992.
Honorable Tandy Walter Treadwell, Jr., M.D. of Bibb County as a member of the Joint Board of Family Practice, for the term of office beginning April 6, 1987 and ending July 1, 1992.
The following named persons as members of the Joint Board of Family Practice, for the term of office beginning November 10, 1987 and ending July 1, 1993: Garnett Fisher, D.O. of DeKalb County; and Al J. Mooney III, M.D. of Bulloch County.
Honorable Mae Crews of Brantley County as a member of the Board of Examiners of Licensed Practical Nurses, for the term of office beginning July 13, 1987 and ending April 1, 1990.
The following named persons as members of the Georgia Magistrate Courts Training Council, for the term of office beginning March 20, 1987 and ending August 7, 1988: LaVerne C. Ogletree of Morgan County; J.D. Bryant of Polk County; and Chester L. Gunby of Baldwin County.
Honorable Johnny Warren of Laurens County as a member of the Georgia Magistrate

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279

Courts Training Council, for the term of office beginning September 23, 1987 and ending August 7, 1989.
The following named persons as members of the Council on Maternal and Infant Health, for the term of office beginning July 21, 1987 and ending July 1, 1990: Jean Vangieri Chadwick of Richmond County; James Stuart Levi, M.D. of Bibb County; Roberta McNeill Smith, M.D. of Chatham County; and William Robert Sexson, M.D. of DeKalb County.
Honorable Carol P. Motley, M.D. of Muscogee County as a member of the Council on Maternal and Infant Health, for the term of office beginning July 21, 1987 and ending Au gust 25, 1990.
Honorable John Lanigan of Fulton County as a member of the Board of Natural Re sources, for the term of office beginning July 22, 1987 and ending March 16, 1994.
The following named persons as members of the Georgia Board of Nursing, for the term of office beginning September 23, 1987 and ending September 23, 1990: Betty M. Golden of Richmond County; and Diane Young Goodrich of Glynn County.
Honorable Patricia M. Gibson of Glynn County as a member of the Georgia Board of Nursing, for the term of office beginning December 8, 1987 and ending December 31, 1989.
Honorable Bettye 0. Hutchings of Bibb County as a member of the State Board of Pardons and Paroles, for the term of office beginning December 31, 1987 and ending Decem ber 31, 1994.
Honorable Richard K. Babush of DeKalb County as a member of the State Personnel Board, for the term of office beginning January 3, 1988 and ending January 3, 1993.
Honorable Carl R. Frank, D.P.M. of Gwinnett County as a member of the State Board of Podiatry Examiners, for the term of office beginning April 3, 1987 and ending May 5, 1987.
Honorable Madison Tucker Brawner, D.P.M. of Chatham County as a member of the State Board of Podiatry Examiners, for the term of office beginning April 3, 1987 and end ing May 5, 1989.
Honorable Jerome F. Poeppelman, D.P.M. of DeKalb County as a member of the State Board of Podiatry Examiners, for the term of office beginning April 3, 1987 and ending May 5, 1988.
Honorable Bertha Thompson of Dougherty County as a member of the State Board of Podiatry Examiners, for the term of office beginning April 3, 1987 and ending July 1, 1988.
Honorable F. Woodson Briscoe of Fulton County as a member of the State Board of Postsecondary Vocational Education, for the term of office beginning June 17, 1987 and ending June 30, 1990.
Honorable Louis W. Rice of DeKalb County as a member of the State Board of Postsecondary Vocational Education, for the term of office beginning December 3, 1987 and end ing June 30, 1990.
The following named persons as members of the Georgia Board of Private Detective and Security Agencies, for the term of office beginning December 8, 1987 and ending July 1, 1991: Thomas H. Rentz, Jr. of Newton County; and James E. Sims, Jr. of DeKalb County.
Honorable Franklin A. Toole of Richmond County as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning July 7, 1987 and ending June 1, 1991.
Honorable John Henry Sweitzer of Fulton County as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for a term of office beginning July 7, 1987 and ending June 1, 1992.
Honorable Sherman R. Day, Ed.D. of Cobb County as a member of the Professional

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Standards Commission, for a term of office beginning August 26, 1987 and ending November 19, 1989.
Honorable Peter N. Mayfield, Ph.D. of Fulton County as a member of the Board of Examiners of Psychologists, for a term of office beginning May 14, 1987 and ending March 27, 1992.
Honorable William J. Guice of Clayton County as a member of the Board of Public Safety, for a term of office beginning June 16, 1987 and ending January 20, 1990.
Honorable J.D. Caswell of Gwinnett County as a member of the Georgia Real Estate Commission, for a term of office beginning June 8, 1987 and ending January 29, 1992.
The following named persons as members of the State Board of Examiners for SpeechLanguage Pathology and Audiology, for a term of office beginning November 2, 1987 and ending July 1, 1990: Richard Warren Trullinger, Ph.D. of Richmond County; and Thomas Edward Wood, Jr. of Fulton County.
Honorable James E. Brown of Whitfield County as a member of the Board of Regents of the University System of Georgia, for a term of office beginning May 12, 1987 and ending January 1, 1994.
The following named persons as members of the Board of Regents of the University System of Georgia, for a term of office beginning January 1, 1988 and ending January 1, 1995: Barry Phillips of Fulton County; and Deen Day Smith of Fulton County.
Honorable R. Sherold Salmon, Sr. of Floyd County as a member of State Board of Registration of Used Car Dealers, for a term of office beginning October 21, 1987 and ending May 20, 1992.
The following named persons as members of the State Board of Examiners for Certifi cation of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for a term of office beginning December 3, 1987 and ending August 17, 1991: David Word of Fulton County; and Dr. Frederick G. Pohland of Fulton County.
Honorable Claude A. Bray, Jr. of Meriwether County as a member of the State Board of Workers' Compensation, for a term of office beginning November 1, 1987 and ending May 1, 1989.
Honorable Don L. Knowles of Henry County as a member of the State Board of Work ers' Compensation, for a term of office beginning January 12, 1988 and ending January 12, 1992.
Sincerely,
/s/ Joe Frank Harris
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. Monday, February 1, 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 10:00 o'clock A.M. Monday, February 1.

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281

Senate Chamber, Atlanta, Georgia Monday, February 1, 1988 Thirteenth Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of the proceedings of January 29 had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1466. By Representative Phillips of the 120th:
A bill to amend an Act incorporating the Town of Alston, so as to extend the corporate limits of the town.
HB 1477. By Representatives Walker of the 85th, Ransom of the 90th, Connell of the 87th and Padgett of the 86th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Richmond County during designated re gistration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 1481. By Representatives Alien of the 127th, Johnson of the 123rd, Hamilton of the 124th and others:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of certain officials.
HB 1478. By Representatives Walker of the 85th, Brown of the 88th, Ransom of the 90th and others:
A bill to provide a homestead exemption from all Richmond County School Dis trict ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over.
HB 1350. By Representatives Crawford of the 5th, Cox of the 141st, Bargeron of the 108th and others:
A bill to amend Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to when post-mortem examinations or autopsies are to be performed and inquests to be held, so as to change certain fees relating to investigations and impaneling of juries by coroners.

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HB 1139. By Representatives Harris of the 84th, Jackson of the 83rd, Dover of the llth and others:
A bill to amend Code Section 27-4-34 of the Official Code of Georgia Annotated, relating to fishing with a bow and arrow, so as to authorize nongame fish to be taken by bow and arrow at night by the use of a light.
HB 1260. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Royal of the 144th:
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 create the Office of Rural Development within the Department of Community Affairs.
HB 912. By Representatives Smith of the 156th, Langford of the 7th, Dover of the llth and others:
A bill to amend Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to seafood and taking seafood under the "Game and Fish Code", so as to change the provisions relating to bonds and recovery on bonds for certain commercial fishing violations; to provide that certain unlawful commer cial shrimping shall be a misdemeanor of a high and aggravated nature and to provide certain minimum punishment therefor.
HB 1324. By Representatives Pannell of the 122nd, Richardson of the 52nd, Steinberg of the 46th and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to supersede, modernize, and amend the laws relating to charitable organizations, charitable solicitations, professional fund raisers, and professional solicitors.
HB 1304. By Representatives Jackson of the 9th, Barnett of the 10th, Bostick of the 138th 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 change the defini tion of a "used car dealer"; to change the composition of the State Board of Registration of Used Car Dealers.
HB 1279. By Representatives Crosby of the 150th, Wilson of the 20th, Kilgore of the 42nd and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide a procedure for the review, correction, and equalization of county tax digests.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 570. By Senators McGill of the 24th, Kennedy of the 4th, English of the 21st and others:
A bill to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, so as to change the provisions relating to treatment of agricultural facilities, farms, and agricultural operations as nuisances; to provide a declaration of policy.
Referred to Committee on Agriculture.

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SB 571. By Senators Bowen of the 13th, Timmons of the llth and Ray of the 19th:
A bill to amend Code Section 10-4-20 of the Official Code of Georgia Annotated, relating to the essential terms of warehouse receipts under the "Georgia State Warehouse Act," so as to authorize computer signatures on warehouse receipts; to provide an effective date. Referred to Committee on Industry and Labor.
SB 572. By Senator Allgood of the 22nd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to prohibit the use of tobacco or tobacco prod ucts while operating or occupying a motor vehicle under certain circumstances; to provide that the use of tobacco or tobacco products in violation of the law may not be introduced in evidence in any civil action and may not be used to dimin ish recovery of damages; to provide a penalty for violations. Referred to Committee on Judiciary.
SB 573. By Senators Barnes of the 33rd and Harrison of the 37th:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency med ical technician" everywhere it appears in Chapter 11 of Title 31. Referred to Committee on Human Resources.
SB 574. By Senator Engram of the 34th:
A bill to amend Part 2 of Article 10 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to define certain terms; to change the prescribed color of handicapped parking permits. Referred to Committee on Consumer Affairs.
SB 575. By Senator Langford of the 35th:
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 that failure to comply with certain requirements regarding telephone solicitations of printed materials shall be deemed to be unfair or deceptive acts or practices; to provide for definitions. Referred to Committee on Consumer Affairs.
SB 576. By Senators Hudgins of the 15th, Barker of the 18th, Stumbaugh of the 55th and Howard of the 42nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to create the "Child Health Services Act". Referred to Committee on Children and Youth.
SB 577. By Senators Johnson of the 47th, Ragan of the 10th, Kennedy of the 4th and others:
A bill to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, relating to downtown development authorities, so as to change the definition of "project" to include certain hospitals, skilled nursing homes, and intermediate care homes; to change certain powers of such authorities. Referred to Committee on Urban and County Affairs (General).

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SR 329. By Senators Foster of the 50th, Coverdell of the 40th, Deal of the 49th and Harrison of the 37th: A resolution creating the Governmental Organization Study Committee.
Referred to Committee on Governmental Operations.
SR 332. By Senators Olmstead of the 26th and Kidd of the 25th: A resolution creating the Health Related Professions Study Committee.
Referred to Committee on Human Resources.
SR 333. By Senators Hudgins of the 15th, Johnson of the 47th, Dawkins of the 45th and others: A resolution creating the Senate Fraudulent Check Study Committee.
Referred to Committee on Banking and Finance.
The following bills of the House were read the first time and referred to committees:
HB 912. By Representatives Smith of the 156th, Langford of the 7th, Dover of the llth and others: A bill to amend Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to seafood and taking seafood under the "Game and Fish Code", so as to change the provisions relating to bonds and recovery on bonds for certain commercial fishing violations; to provide that certain unlawful commer cial shrimping shall be a misdemeanor of a high and aggravated nature and to provide certain minimum punishment therefor.
Referred to Committee on Natural Resources.
HB 1139. By Representatives Harris of the 84th, Jackson of the 83rd, Dover of the llth and others: A bill to amend Code Section 27-4-34 of the Official Code of Georgia Annotated, relating to fishing with a bow and arrow, so as to authorize nongame fish to be taken by bow and arrow at night by the use of a light.
Referred to Committee on Natural Resources.
HB 1260. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Royal of the 144th: 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 create the Office of Rural Development within the Department of Community Affairs.
Referred to Committee on Urban and County Affairs (General).
HB 1279. By Representatives Crosby of the 150th, Wilson of the 20th, Kilgore of the 42nd and others: A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide a procedure for the review, correction, and equalization of county tax digests.
Referred to Committee on Banking and Finance.
HB 1304. By Representatives Jackson of the 9th, Barnett of the 10th, Bostick of the 138th 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 change the defini-

MONDAY, FEBRUARY 1, 1988

285

tion of a "used car dealer"; to change the composition of the State Board of Registration of Used Car Dealers. Referred to Committee on Governmental Operations.
HB 1324. By Representatives Pannell of the 122nd, Richardson of the 52nd, Steinberg of the 46th and others: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to supersede, modernize, and amend the laws relating to charitable organizations, charitable solicitations, professional fund raisers, and professional solicitors.
Referred to Committee on Consumer Affairs.
HB 1350. By Representatives Crawford of the 5th, Cox of the 141st, Bargeron of the 108th and others: A bill to amend Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to when post-mortem examinations or autopsies are to be performed and inquests to be held, so as to change certain fees relating to investigations and impaneling of juries by coroners.
Referred to Committee on Special Judiciary.
HB 1478. By Representatives Walker of the 85th, Brown of the 88th, Ransom of the 90th and others: A bill to provide a homestead exemption from all Richmond County School Dis trict ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over.
Referred to Committee on Urban and County Affairs.
HB 1466. By Representative Phillips of the 120th: A bill to amend an Act incorporating the Town of Alston, so as to extend the corporate limits of the town.
Referred to Committee on Urban and County Affairs.
HB 1477. By Representatives Walker of the 85th, Ransom of the 90th, Connell of the 87th and Padgett of the 86th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Richmond County during designated re gistration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
Referred to Committee on Urban and County Affairs.
HB 1481. By Representatives Alien of the 127th, Johnson of the 123rd, Hamilton of the 124th and others: A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of certain officials.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Consumer Affairs has had under consideration the following bills of

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the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 544. Do pass. SB 569. Do pass.
Respectfully submitted, Senator Langford of the 35th District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following resolu tion of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 272. Do pass by substitute.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

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

SB 432. Do pass by substitute. SB 438. Do pass. SB 494. Do pass.

SB 516. SR 267. HR 372.

Do pass as amended. Do pass. Do pass.

Respectfully submitted,

Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1300. Do pass. HB 1409. Do pass by substitute. HB 1410. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

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

SB 352. By Senator Scott of the 36th:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses under the "Quality Basic Education Act," so as to provide that the State Board of Education shall prescribe a course of study in sex education for all grades and grade levels other than kindergarten in the public school system and shall establish standards for its administration.

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SB 402. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-240 of the Official Code of Georgia Annotated, relating to procedure upon change of an elector's residence, so as to provide that the board of registrars may accept a properly submitted application for an absen tee ballot as a change of address notification.
SB 404. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-240 of the Official Code of Georgia Annotated, relating to the procedure upon change of an elector's residence, so as to remove the requirement that a change of address be made under oath; to amend Article 6 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters in municipal elections, so as to change the procedure relat ing to change of residence of an elector by removing the requirement that a change of address be made under oath.
SB 405. By Senator Kidd of the 25th:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters for elections generally, so as to pro vide that a certified copy of a marriage license shall be acceptable identification for voter registration; to amend Code Section 21-3-125 of the Official Code of Georgia Annotated, relating to qualification and registration of voters for munici pal elections, so as to provide that a certified copy of a marriage license shall be acceptable identification for voter registration.
SB 407. By Senator Kidd of the 25th:
A bill to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting in elections generally, so as to delete the requirement that a person making application for an absentee ballot on behalf of an elector residing temporarily out of the county or a physically disabled elector residing within the county be 18 years of age or older.
SB 408. By Senator Kidd of the 25th:
A bill to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible to hold civil office, so as to provide that municipali ties may by charter provide for lesser residency requirements to hold nonjudicial municipal offices.
SB 414. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," so as to extend the time within which certain absentee registration cards shall be considered as applications for absen tee ballots from 90 to 180 days prior to a primary or election.
SB 463. By Senator Kidd of the 25th:
A bill to amend the Official Code of Georgia Annotated, so as to provide periodic cost-of-living adjustments to the minimum annual salaries received by the consti tutional county officers in this state; to provide that such periodic cost-of-living adjustments to the minimum annual salaries of the constitutional county officers shall be based on cost-of-living adjustments received by employees in the classi fied service of the state merit system.
SB 485. By Senators Olmstead of the 26th and Kidd of the 25th:
A bill 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

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receivers, collectors, or commissioners; to provide for requirements and proce dures relating to the filling of vacancies in the offices of tax receiver, collector, or commissioner.
SB 499. By Senator Kidd of the 25th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, orthotists, etc., so as to change the composi tion of the Composite State Board of Medical Examiners; to provide for the com pensation, allowances, and expenses of the Physician's Assistants Advisory Committee.
SB 508. By Senator Kidd of the 25th:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters for elections generally, so as to pro vide that each principal or assistant principal of every public or private high school and the director of each area vocational school may register to vote per sons employed by the school system.
SB 553. By Senator Kidd of the 25th:
A bill to amend Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers and employees, so as to provide a method whereby the salaries of major officers of state government shall be pro posed by a State Officers Compensation Commission and by other boards, bodies, and officers, with the salaries so proposed becoming effective unless disapproved by a joint resolution of the General Assembly, approved by the Governor.
SR 270. By Senators Foster of the 50th, Barnes of the 33rd, McKenzie of the 14th and others:
A resolution proposing an amendment to the Constitution so as to provide for the office of commissioner of education in place of the office of State School Su perintendent and for the appointment of said commissioner of education by the State Board of Education and for other matters relative to the foregoing; to pro vide for the submission of this amendment for ratification or rejection.
SR 323. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to direct the General Assembly to provide a method whereby the salaries of major officers of state government shall be proposed by a State Officers Compensation Commis sion and by other boards, bodies, and officers with the salaries so proposed be coming effective unless disapproved by a joint resolution of the General Assem bly; to provide for the submission of this amendment for ratification or rejection.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton

Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Harrison Hine Hudgins

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289

Huggins Johnson Kennedy Kidd LLaanngdford
McGill McKenzie Newbill

Olmstead Peevy Perry Ragan of 10th RRaagyan of 32nd
Scott of 2nd Scott of 36th Shumake

Starr Stumbaugh Tate TvW ,T1imy mons
Turner Tysinger Walker

Those not answering were Senators:

Broun (excused)

Howard

Phillips

Senator Kidd of the 25th introduced the chaplains of the day: Reverend Melissa G. Horton, of Decatur, Georgia, who serves as evangelist to Springfield Baptist Church and Shiloh Baptist Church, and she offered scripture reading and prayer; and, Reverend John A. Davis, of Atlanta, Georgia, who serves Charles F. Golden United Methodist Church, Atlanta, Georgia, and St. James AME Church, Monticello, Georgia, and he offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 330. By Senators Garner of the 30th and Baldwin of the 29th: A resolution recognizing the 1987 Central of Carrollton Lions football team.

SR 331. By Senators Bowen of the 13th, Timmons of the llth, Kennedy of the 4th and others:
A resolution expressing sympathy at the passing of Honorable Martin Young.

SR 334. By Senators Hudgins of the 15th and Land of the 16th: A resolution commending Honorable John Land.

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

SENATE LOCAL CONSENT CALENDAR
Monday, February 1, 1988 THIRTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 1300 Gillis, 20th City of Dublin Laurens County
Provides new charter for city; changes provisions relating to public utilities.

*HB 1409

Crumbley, 17th Starr, 44th Clayton County
Provides that vehicles shall be registered and licensed to operate for the en suing calendar year and thereafter in county during registration periods. (Substitute)

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HB 1410 Crumbley, 17th Starr, 44th Clayton County
Provides that each resident of the Clayton County School District who is 65 years of age or over or permanently disabled and whose gross income from all sources does not exceed $30,000.00 per annum shall be granted an exemption from all Clayton County School District taxes on the full value of such per son's homestead owned and occupied by such person as a residence.

The substitute to the following bill was put upon its adoption:

*HB 1409:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 1409:

A BILL

To be entitled an Act to provide that vehicles shall be registered and licensed to oper ate for the ensuing calendar year and thereafter in Clayton County during designated regis tration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to provide for a refer endum; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Effective January 1, 1989, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Clayton County during designated registra tion periods as provided in Code Section 40-2-20.1 of the O.C.G.A.

Section 2. The election superintendent of Clayton County shall on the date of the Geor gia presidential preference primary in 1988 conduct an election for the purpose of submit ting this Act to the electors of Clayton County for approval or rejection. At least 30 days shall intervene between the date the election is called and the date the election is held. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks in the official organ of Clayton County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall Section 1 of the Act providing that effective January 1, 1989, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Clayton County on a staggered basis during designated regis tration periods between January 1 and April 30 each year as provided in Code Section 40-2-20.1 of the O.C.G.A. be approved?"

All persons desiring to vote for approval shall vote "Yes," and those persons desiring to vote for rejection shall vote "No." If more than one-half of the votes cast are for approval, then Section 1 of this Act shall become of full force and effect; otherwise Section 1 of this Act shall be void.
The expense of such election shall be borne by Clayton County. The election superin tendent of Clayton County shall hold and conduct the election and shall certify the results thereof to the Secretary of State and the Department of Revenue.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 52, nays 0, and the substitute was adopted.

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

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291

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon
Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English Engram

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

Newbill Olmstead Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Barker Broun (excused)

Ragan of 10th

Timmons

On the passage of all the local bills, the yeas were 52, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 1409, having received the requisite constitutional majority, were passed.

HB 1409, having received the requisite constitutional majority, was passed by substitute.

SENATE CALENDAR
Monday, February 1, 1988
THIRTEENTH LEGISLATIVE DAY
SB 429 Misdemeanors--change provisions on punishment (Substitute) (S Judy--33rd) (Pursuant to Senate Rule 143, final passage of the bill was suspended.)
SB 437 State Mapping Advisory Board--create (Substitute) (U&CA G--48th) SB 450 Death Penalty--prohibit imposing upon those under 17 or mentally retarded
(Substitute) (Corr--35th) SB 471 Death Penalty--persons required to be present at execution (Corr--30th) SB 472 Corrections Board--commissioner make contracts, exercise of power
(Corr--30th) SB 476 Commissioner of Corrections--confer police powers on county wardens
(Corr--30th) SB 482 Seat Belt Use--require in passenger vehicle (Amendments) (Trans--1st) SB 501 Superior Court Judges Retirement System--provisions relating to Board of
Trustees (Ret--llth)

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SB 502 Brunswick Port Authority--property transfer to Georgia Ports Authority (Trans--3rd)
SB 504 Brunswick Port Authority--property transfer to Georgia Ports Authority (Trans--3rd)
SR 41 Constitutional Amendments--people have power to enact, reject (Substitute) (Amendment) (Gov Op--55th)
SR 263 Area Planning and Development Commissions--University of Georgia conduct assessment (U&CA G--25th)
SR 300 Commission on Criminal Sanctions and Correctional Facilities--create (Corr--17th)
HB 1195 Certain State Officials--salary (Amendment) (Gov Op--25th)
HB 1196 General Assembly Members--reimbursement for service on certain boards (Gov Op--25th)
HB 1223 Legislative Counsel--aid in Secretary of State publication (Judy--49th)
HR 282 Amendment to United States Constitution on Congressmen's Compensa tion--ratify (Gov Op--20th)
SB 393 Mountain Protection Act--create (Substitute) (Nat R--50th)
SB 475 Department of Community Affairs--continue (Substitute) (U&CA G--31st)
SB 479 Residential, Family Farm Mortgage--certain definitions (Substitute) (U&CA G--8th)
SR 264 Joint Study Committee on Area Planning and Development Commis sions--create (Substitute) (U&CA G--25th)
HB 636 Public Works Contracts--contractors give bid bonds to state, counties, municipal corporations, etc. (Substitute) (U&CA G--33rd)
The following general bill of the Senate, having been read the third time on January 29 and action suspended until today, pursuant to Senate Rule 143, was put upon its passage:
SB 429. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A bill to amend Code Section 17-10-3 of the Official Code of Georgia Annotated, relating to punishment for misdemeanors generally, so as to change the provi sions relating to punishment for misdemeanors; to change the provisions relating to confinement; to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Department of Corrections over cer tain misdemeanor offenders, so as to change certain provisions relating to juris diction of the department over misdemeanor offenders.
The substitute to SB 429 offered by Senator Barnes of the 33rd on January 29, as it appears in the Journal of January 29, was automatically reconsidered and put upon its adoption.
On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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293

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Harrison Howard Hudgins Huggins Johnson Kennedy Kidd Land McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Hine

Langford

Timmons

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

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

Senator Starr of the 44th moved that the following local bill of the House, having been passed previously today, be immediately transmitted to the House:

HB 1409. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Clayton County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.

On the motion, the yeas were 42, nays 0; the motion prevailed, and HB 1409 was imme diately transmitted to the House.

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

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

SB 437. By Senator Peevy of the 48th:
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 create the State Map ping Advisory Board; to provide for appointment and qualification of members; to provide for vacancies; to provide for expenses; to provide for powers, duties, authority, and functions of the board; to provide for meetings.

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The Senate Committee on Urban and County Affairs offered the following substitute to SB 437:
A BILL
To be entitled an Act to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies of state government, so as to create the State Land Records Modernization and Mapping Board; to provide for appointment and qualification of members; to provide for vacancies; to provide for expenses; to provide for powers, duties, authority, and functions of the board; to provide for meetings; to provide for temporary staff; to provide for assignment of the board for administrative purposes; to provide for termination of the board; to provide for certain automatic repeal; 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 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies of state government, is amended by adding at the end thereof a new article, to be designated Article 8, to read as follows:
"ARTICLE 8
50-12-130. (a) The State Land Records Modernization and Mapping Board is created. The board shall be composed of 21 members who have a basic level acquaintance with land records and information system technology and who shall be appointed by the Governor.
(b) The first members of the board shall be appointed for terms as follows: five mem bers shall be appointed for terms of one year each; five members shall be appointed for terms of two years each; five members shall be appointed for terms of three years each; and six members shall be appointed for terms of four years each. As the term of each member expires, his successor shall be appointed for a term of four years, except that each member shall serve until his successor is appointed and qualified. Members shall be eligible for reappointment.
(c) (1) One member of the board shall be appointed from each of the following:
(A) The Senate;
(B) The House of Representatives;
(C) The Department of Community Affairs;
(D) The Department of Transportation;
(E) The Department of Natural Resources;
(F) The Department of Revenue;
(G) The Secretary of State;
(H) The Area Planning and Development Commissions;
(I) The Association County Commissioners of Georgia;
(J) The Georgia Association Assessing Officials;
(K) The Georgia Municipal Association;
(L) The Georgia Superior Court Clerks Association;
(M) The Resource Development Conservation Association;
(N) The Agricultural Stabilization and Conservation Service;
(0) The Georgia Bar Association;
(P) The Georgia Chapter of the Urban and Regional Information Systems Association;
(Q) The Georgia Planning Association; and

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295

(R) The Surveying and Mapping Society of Georgia.
(2) Three at-large members shall be appointed, one of whom shall be the chairman of the board.
(d) Upon the death, disability, resignation, removal, or refusal to serve of any member, the Governor shall appoint a qualified person to fill the unexpired term.
(e) Members of the board shall receive no compensation for their services but may be reimbursed for actual expenses incurred in attendance at official board meetings.
50-12-131. The board shall have the following powers, duties, authority, and functions:
(1) (A) To study thoroughly various recommendations for a permanent solution to is sues related to land records modernization and the implementation of land information sys tems for both state and local governments in Georgia.
(B) Within one year of its establishment, the board will make recommendations to the Governor and General Assembly concerning the functional, institutional, financial, educa tional, and legal issues that must be resolved so that Georgia local governments can develop modern land records and land information systems.
(2) To provide financial incentives for a limited number of local governments to serve as pilot programs for the modernization of local land records. The pilot programs should in clude one urban county, one urbanizing county, and at least one rural county in combina tion with an area planning and development commission. The major product of the pilot programs will be procedural guidelines for the modernization of land records in Georgia;
(3) To encourage cost savings due to the coordination of data acquisition and data ex change between the state government, local governments, area planning and development commissions, the private sector, and various agencies of federal government;
(4) To sponsor informational and educational programs including, but not limited to, the following:
(A) Accurate and unbiased technical information to local governments;
(B) The education of new land information system professionals; and
(C) The continuing education of current professionals;
(5) To develop technical specification and standards for local, area, and state govern ment to use for the collection and distribution of land information; and
(6) To contract with state agencies, federal agencies, local governments, area planning and development commissions, units of the University System of Georgia, as well as private persons and corporations to conduct technical studies and other work.
50-12-132. (a) The board shall meet regularly at the call of the chairman. Eleven mem bers shall constitute a quorum. The board shall adopt such rules and regulations as are necessary and proper to govern its procedure and business.
(b) The board will have no permanent staff but shall be authorized to hire such tempo rary staff as it shall deem necessary or proper to the effectual discharge of its duties.
50-12-133. The board is assigned to the Department of Community Affairs for adminis trative purposes only, as specified in Code Section 50-4-3, until June 30, 1990.
50-12-134. The board created pursuant to this article shall terminate and shall cease to exist on December 31, 1994. This article shall stand repealed in its entirety on December 31, 1994."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

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

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

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Tysinger Walker

Those not voting were Senators:

Broun (excused) Kennedy (presiding)

Scott of 2nd Taylor

Timmons Turner

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

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

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

Mr. President:

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

HB 1221. By Representative Aaron of the 56th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the definition of the offense of pander ing; to provide that a person convicted of the offense of pandering when such offense involves the solicitation of a person under the age of 16 years shall be guilty of a felony.

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297

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 450. By Senators Langford of the 35th, Tate of the 38th and Scott of the 36th:
A bill to amend Code Section 17-10-30 of the Official Code of Georgia Annotated, relating to general provisions applicable to the imposition of the death penalty, so as to provide that the death penalty shall not be imposed upon persons under 17 years of age or upon mentally retarded persons; to provide for other matters relative to the foregoing; to provide for the applicability of this Act.
The Senate Committee on Corrections offered the following substitute to SB 450:
A BILL
To be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to delete a provision prohibiting the imposition of the death penalty upon persons who had not reached their seventeenth birthday; to provide that the death penalty shall not be imposed upon persons under 18 years of age or upon mentally retarded persons; to provide for the applicability of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal proce dure, is amended by striking its entirety from Code Section 17-9-3, relating to recommenda tions for mercy in certain capital cases and prohibiting the imposition of the death penalty upon persons who had not reached their seventeenth birthday, that sentence thereof which reads as follows:
"When it is shown that a person convicted of a capital offense without a recommenda tion for mercy had not reached his seventeenth birthday at the time of the commission of the offense, the punishment of such person shall not be death but shall be imprisonment for life."
Section 2. Said title is further amended by adding at the end of Code Section 17-10-30, relating to general provisions applicable to the imposition of the death penalty, a new sub section (d) to read as follows:
"(d) (1) The death penalty shall not be imposed upon any person:
(A) Who was under 18 years of age at the time of committing the crime for which the death penalty might otherwise be imposed; or
(B) Who is mentally retarded.
(2) For the purposes of subparagraph (B) of paragraph (1) of this subsection, a mentally retarded person is a person having a significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating in the developmen tal period."
Section 3. This Act shall apply to any sentence imposed on or after July 1, 1988, not withstanding the fact that the crime for which a person has been convicted and is being sentenced might have been committed prior to July 1, 1988.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Langford of the 35th offered the following amendment:
Amend the substitute to SB 450 offered by the Senate Committee on Corrections by adding on Page 1, line 12, the word "in" after the word "striking".
Senator Garner of the 30th moved that SB 450 be committed to the Senate Committee on Corrections.

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On the motion, the yeas were 46, nays 2; the motion prevailed and SB 450 was commit ted to the Senate Committee on Corrections.

SB 471. By Senators Garner of the 30th and Crumbley of the 17th:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to change the provisions relating to persons required to be present at executions; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

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

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

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Taylor Timmons Turner Tysinger

Those voting in the negative were Senators:

Langford Scott of 36th

Shumake Tate

Walker

Not voting were Senators Broun (excused) and Kennedy (presiding).

On the passage of the bill, the yeas were 49, nays 5.

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

SB 472. By Senators Garner of the 30th, Crumbley of the 17th and Newbill of the 56th:
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 provide that the commissioner of corrections or his designee shall be authorized to make and exe cute contracts and all other instruments necessary or convenient for the exercise of the powers and duties of the board, the commissioner, and the department.

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

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299

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

Those voting in the affirmative were Senators:

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

English Engram Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Fincher Kennedy (presiding)

Land Scott of 36th

Shumake Starr

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

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

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

HB 1221. By Representative Aaron of the 56th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the definition of the offense of pander ing; to provide that a person convicted of the offense of pandering when such offense involves the solicitation of a person under the age of 16 years shall be guilty of a felony.
Referred to Committee on Judiciary.

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

SB 476. By Senators Garner of the 30th, Kennedy of the 4th and Hudgins of the 15th:
A bill to amend Code Section 42-5-35 of the Official Code of Georgia Annotated, relating to the power of the commissioner of corrections to confer police powers on certain persons, so as to authorize the commissioner of corrections to confer police powers upon wardens of county correctional institutions; to provide an ef fective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Fincher Foster Garner Harris Harrison Hine Howard Huggins Johnson Kidd Land Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Broun (excused) Engram

Gillis Hudgins

Kennedy (presiding) Ragan of 10th

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

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

The President resumed the Chair.

SB 482. By Senators Coleman of the 1st, Barnes of the 33rd, Dean of the 31st and others:
A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to horns, exhaust systems, mirrors, and tires on mo tor vehicles, so as to require certain persons in certain vehicles to use seat belts; to provide a definition; to provide exceptions.

Senator Allgood of the 22nd offered the following amendment:
Amend SB 482 by adding on line 8 of page 1 after "damages;" the following:
"to prohibit the use of tobacco or tobacco products while operating or occupying a mo tor vehicle under certain circumstances; to provide that the use of tobacco or tobacco prod ucts in violation of the law may not be introduced in evidence in any civil action and may not be used to diminish recovery of damages;"
By adding between line 6 and line 7 of page 3 the following:
"Section 2. Said part is further amended by adding a new Code Section 40-8-76.2, im mediately following Code Section 40-8-76.1, to read as follows:
'40-8-76.2. (a) It shall be unlawful for any person to use tobacco or tobacco products while such person is operating or occupying a motor vehicle wherein occupants are required by state law to use seat belts.
(b) The use of tobacco or tobacco products in violation of this Code section shall not be considered evidence of negligence, shall not limit the liability of an insurer, and shall not

MONDAY, FEBRUARY 1, 1988

301

diminish any recovery for damages arising out of the ownership, maintenance, or operation of a passenger vehicle.
(c) Any person who violates subsection (a) of this Code section shall, upon conviction thereof, be punished by a fine of $25.00.'"
By striking from line 7 of page 3 the number "2" and inserting in lieu thereof the number "3".
Senator Allgood of the 22nd asked unanimous consent to withdraw his amendment; the consent was granted, and the amendment offered by Senator Allgood of the 22nd to SB 482 was withdrawn.
Senator Albert of the 23rd offered the following amendment:
Amend SB 482 by striking from the end of line 23 on page 2 the word "or".
By striking the period from the end of line 26 on page 2 and inserting in lieu thereof the following:
"; or".
By adding between lines 26 and 27 on page 2 the following:
"(8) A passenger vehicle from which a person is delivering newspapers."
On the adoption of the amendment offered by Senator Albert of the 23rd, the yeas were 43, nays 0, and the amendment was adopted.
Senator Allgood of the 22nd offered the following amendment:
Amend SB 482 by adding on line 8 of page 1 after "damages;" the following:
"to prohibit the use of certain tobacco or tobacco products while operating or occupying a motor vehicle under certain circumstances; to provide that the use of certain tobacco or tobacco products in violation of the law may not be introduced in evidence in any civil action and may not be used to diminish recovery of damages;"
By adding between line 6 and line 7 of page 3 the following:
"Section 2. Said part is further amended by adding a new Code Section 40-8-76.2, im mediately following Code Section 40-8-76.1, to read as follows:
'40-8-76.2. (a) It shall be unlawful for any person to smoke cigarettes, cigars, or pipes while such person is operating or occupying a motor vehicle wherein occupants are required by state law to use seat belts.
(b) The smoking of cigarettes, cigars, or pipes in violation of this Code section shall not be considered evidence of negligence, shall not limit the liability of an insurer, and shall not diminish any recovery for damages arising out of the ownership, maintenance, or operation of a passenger vehicle.
(c) Any person who violates subsection (a) of this Code section shall, upon conviction thereof, be punished by a fine of $25.00.'"
By striking from line 7 of page 3 the number "2" and inserting in lieu thereof the number "3".
Senator Allgood of the 22nd offered the following amendment:
Amend the amendment offered by Senator Allgood of the 22nd to SB 482 by adding on page 1, line 25 after the word "insurer," the following:
"and shall not be any basis for cancellation of coverage or increase in insurance rates,".
On the adoption of the amendment offered by Senator Allgood of the 22nd to the

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amendment offered by Senator Allgood of the 22nd, the yeas were 48, nays 0, and the amendment was adopted.
On the adoption of the amendment offered by Senator Allgood of the 22nd, the yeas were 11, nays 37, and the amendment was lost.
Senator Allgood of the 22nd offered the following amendment: Amend SB 482 by adding on page one, line eight, immediately following the word

and by adding on page two, line thirty, immediately after the word "insurer,", the following: "and shall not be any basis for cancellation of coverage or increase in insurance rates,".

On the adoption of the amendment offered by Senator Allgood of the 22nd, the yeas were 51, nays 0, and the amendment was adopted.

Senator Tysinger of the 41st offered the following amendment: Amend SB 482 by adding on line 10, page 2, following the ";", "or where such condition is noted on the individual's driver's license;".

On the adoption of the amendment offered by Senator Tysinger of the 41st, the yeas were 49, nays 0, and the amendment was adopted.

Senator Deal of the 49th offered the following amendment:
Amend SB 482 by adding on page 2, line 31, after the comma and before the word "or" the word "occupancy".

On the adoption of the amendment offered by Senator Deal of the 49th, 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:

Albert Barker Barnes Bowen Burton Coleman Coverdell Dawkins Deal Dean Edge English Engram

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

McKenzie Newbill Olmstead Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Tysinger Walker

Those voting in the negative were Senators:

Allgood Baldwin

Brannon Crumbley

Echols Hudgins

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303

Johnson Kennedy Peevy

Perry Ragan of 10th Shumake

Starr Timmons Turner

Not voting were Senators Broun (excused) and Bryant.

On the passage of the bill, the yeas were 39, nays 15.

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

Senator Starr of the 44th moved that the following local bill of the House, having been passed previously today, be immediately transmitted to the House:

HB 1410. 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 that each resident of the Clayton County School District who is 65 years of age or over or permanently disabled and whose gross income from all sources does not exceed $30,000.00 per annum shall be granted an exemption from all Clayton County School District taxes on the full value of such person's homestead owned and occupied by such person as a residence.

On the motion, the yeas were 38, nays 0; the motion prevailed, and HB 1410 was imme diately transmitted to the House.

Senator Allgood of the 22nd moved that the Senate stand in recess until 2:15 o'clock P.M., and the motion prevailed.

At 1:05 o'clock P.M., the President announced that the Senate would stand in recess until 2:15 o'clock P.M.

At 2:15 o'clock P.M., the President called the Senate to order.

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

SB 501. By Senator Timmons of the llth:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relating to the board of trustees; to provide an effec tive date.

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

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

January 15, 1988

SUBJECT: Senate Bill 501 (LC 7 6846) Superior Court Judges Retirement System

This Bill would change provisions relating to the Board of Trustees of the Superior

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Court Judges Retirement System. An additional member (required to be a superior court judge who is a member of the retirement system) would be added to the board. The provi sions for election of this board member and the normal four year term of office are also identified. In addition, this Bill also provides that each member of the board would be re quired to take an oath of office that is to be filed with the Secretary of State. Members of the board are also required to serve without compensation, but can be reimbursed for actual and necessary expenses. If enacted, this bill would become effective on July 1, 1988.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.
Is/ G. W. Hogan State Auditor

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Brannon B/yant ^u,rton CCoovleemrdaenll
Crumbley Dawkins Deal
Dean Echols

Edge English Foster Garner Gillis SarnS HHuindegins
Muggins Johnson Kennedy
Kidd McGill

Newbill Olmstead Perry Phillips R of I0th Scott of 2nd S,, cott of,. 3,,6t,h
btarr Tate Taylor
Turner Tysinger

Those not voting were Senators:

Albert Barker Bowen Broun (excused) Engram Fincher

Harrison Howard Land Langford McKenzie Peevy

Ragan of 32nd Ray Shumake Stumbaugh Timmons Walker

On the passage of the bill, the yeas were 38, nays 0.

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

SB 502. By Senator Bryant of the 3rd:
A bill to amend Code Section 52-2-9 of the Official Code of Georgia Annotated, relating to powers of the Georgia Ports Authority generally, so as to provide that the transfer of property from the Brunswick Port Authority to the Georgia Ports Authority shall not constitute an acquisition of property upon which a lien or encumbrance exists for certain purposes; to provide an effective date.

MONDAY, FEBRUARY 1, 1988

305

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

Department of Audits 270 Washington Street
Room 214
Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Glenn E. Bryant

State Senator

FROM:

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

DATE:

February 1, 1988

SUBJECT: Fiscal Note--Senate Bill 502 (LC 4 5101) Georgia Ports Authority--Property Transfer

This Bill would provide that the Georgia Ports Authority be allowed to acquire prop erty from the Brunswick Port Authority regardless of whether any liens or encumbrances exist upon the property. If enacted, this Bill would become effective upon the Governor's approval or upon becoming law without such approval.

This Bill, as such, would have no fiscal impact upon state funds. However, the Bill allows state funds to be expended for the purchase of the Brunswick Port Authority as specified in Senate Bill 504. It should be noted that, as of June 30, 1987, the Brunswick Port Authority had approximately $632,000 in liabilities outstanding.

/a/ 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:

Allgood Baldwin Barker Barnes Brannon Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Foster Garner Gillis Harris Hine Hudgins Huggins Johnson Kennedy Kidd McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Tate Turner Tysinger

Those not voting were Senators:

Albert Bowen Broun (excused)

Coleman Fincher Harrison

Howard Land Langford

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Shumake Stumbaugh

Taylor Timmons

Walker

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

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

SB 504, By Senator Bryant of the 3rd:
A bill to authorize the Brunswick Port Authority, created by that Act of the General Assembly approved March 8, 1945, as amended, to assign, convey, grant, or otherwise transfer certain of its property, real, personal, tangible, intangible, or otherwise, to the Georgia Ports Authority (formerly State Ports Authority), created by Code Section 52-2-4 of the Official Code of Georgia Annotated.

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

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Glenn E. Bryant

State Senator

FROM:

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

DATE:

February 1, 1988

SUBJECT: Fiscal Note--Senate Bill 504 (LC 4 5102) Georgia Ports Authority--Transfer Certain Property

This Bill would provide that the Brunswick Port Authority be authorized to transfer all of its facilities, assets, and property to the Georgia Ports Authority by June 30, 1988. In consideration of such transfer (and upon approval by the State Properties Commission), the Georgia Ports Authority would provide a net payment of $4.5 million to be paid over a 20-
year period to a trust fund held for the Brunswick and Glynn County Development Author ity and assume all liabilities outstanding against the Brunswick Port Authority. In addition,
the Act creating the Brunswick Port Authority, as amended, would be repealed in its en tirety upon the completion of all transfers and associated transactions. If enacted, this Bill would become effective upon the Governor's approval or upon becoming law without such
approval.

The fiscal impact of this Bill would be $4.5 million plus interest accrued over a 20-year period and approximately $632,000 in assumed liabilities outstanding. It should be noted that the Georgia Ports Authority is currently leasing Brunswick Port Authority facilities for $30,000 per month. Based upon this monthly lease fee, the interest rate would approximate five percent for a total payment (principal and interest over 20 years) of approximately $7.2 million.

/s/ G. W. Hogan State Auditor

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

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

MONDAY, FEBRUARY 1, 1988

307

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon
Brvant CCouruvrmteorbndleel,,yl
Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Garner Gillis Harris Hine
Howard H,,Huugdgg5mi. nss
Johnson Kennedy Kidd Langford McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray
Scott of 2nd SS,,,hcoutmt aok.fe36th
Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Albert
Broun (excused) Coleman

Harrison Land

McGill Timmons

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

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

SR 41. By Senators Stumbaugh of the 55th, Kidd of the 25th, Allgood of the 22nd and others:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by initiative petition, statutes and amendments to statutes and amendments to the Constitution; to provide procedures and restrictions connected therewith; to provide exceptions; to provide that the provisions shall be self-executing; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III of the Constitution of Georgia is amended by adding at the end thereof a new Section XI to read as follows:
"SECTION XI.
Paragraph I. Power vested in the people. Notwithstanding any other provision of this Constitution, the people of Georgia reserve to themselves the power, by initiative petition, to enact or reject statutes and amendments to statutes and amendments to the Constitution at the polls, provided that any such proposed statute, amendment to a statute, or amend ment to the Constitution has first been introduced in the General Assembly and the General Assembly has rejected or failed to act on such proposed statute, amendment to a statute, or amendment to the Constitution within the two years immediately preceding the general election at which such proposals are to be presented to the voters through the initiative petition process provided for in this section; and provided, further, that no measure which

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reduces state tax revenues shall be acted upon by initiative petition. The people, through the initiative petition, shall have the power to make all laws consistent with this Constitu tion, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the state.
If conflicting initiative petitions submitted to the people at the same general election are approved, the petition receiving the highest number of affirmative votes shall become law as to all conflicting provisions. After an initiative petition is defeated by the people voting in a general election, an initiative petition which contains essentially the same provi sions shall not be submitted to the people at the next two general elections.
Each person signing an initiative petition shall affix thereto his or her signature, resi dence address, and the name of the county in which he or she is a registered voter. A person who has signed a petition may strike his or her name from the petition at any time prior to the presentation of the petition to the Secretary of State. The petition may consist of more than one document, but each document shall contain only the signatures of persons residing in the same county and shall have affixed thereto an affidavit made by one of the signers of such document to the effect that all of the signatures are genuine and that each individual who signed such document was at the time of signing a registered voter in the county of his or her residence. The affidavit shall be executed before a person authorized by law to ad minister oaths in the State of Georgia.
Any person who signs a name other than his or her own on a petition, or who knowingly signs his or her name more than once for the same proposition at one election, or who signs a petition knowing that he or she is not a qualified registered elector shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than one year, or both. Each petition shall include a warn ing statement setting forth the preceding sentence.
Paragraph II. Initiative petitions proposing amendments to the Constitution. An initia tive petition proposing an amendment to the Constitution shall be signed in each congres sional district by a number of registered voters equal to 10 percent or more of the number of voters who voted for the candidates for the office of Governor in the last preceding guberna torial election in that congressional district, but the total number of registered voters sign ing the initiative petition shall be equal to 15 percent or more of the total number of voters within the state who voted for the candidates for the office of Governor in the last preceding gubernatorial election. The initiative petition shall state the full text of the constitutional amendment, shall state the language which is to appear on the ballot, and shall contain the following enacting clause: 'BE IT RESOLVED BY THE PEOPLE OF THE STATE OF GEORGIA.' An initiative petition proposing an amendment to the Constitution shall not refer to more than one subject matter and shall not contain matter different from what is expressed in the title thereof. The language which is to appear on the ballot shall be the same as the question contained in the resolution proposing the amendment which was intro duced into the General Assembly and which is the subject of the initiative.
Such initiative petition proposing an amendment to the Constitution shall be filed with the Secretary of State not less than 150 days before any regular general election at which the question of approval or disapproval of such amendment may be voted upon by the vot ers of the entire state. The initiative petition shall not be amended or supplemented after it has been filed with the Secretary of State. The Secretary of State shall immediately proceed to examine each petition filed and compute whether or not the proper number of signatures appear on the petition. If the petition contains less than the required number of signatures, no further action shall be taken on such petition. If the petition appears to contain the required number of signatures, the Secretary of State shall certify the total number of signa tures appearing on the petition and the total for each congressional district. If any citizen shall furnish proof satisfactory to the Secretary of State within 30 days following the date on which the Secretary of State certifies the total number of signatures appearing on the petition that 300 or more signatures appearing on the petition are not the signatures of registered voters or are duplicate signatures or are not the genuine signatures of such per-

MONDAY, FEBRUARY 1, 1988

309

sons, the Secretary of State shall provide the election officials of each county with a certified copy of the petition or appropriate portions thereof. Such county election officials shall ex amine the signatures appearing on the petition and shall certify the number of signatures of registered voters which appear on the petition to the Secretary of State within 30 days fol lowing the receipt of the copy of such petition. The Secretary of State shall tabulate and certify the total number of valid signatures appearing on the petition and shall certify whether the necessary number of signatures appear on the petition. If an insufficient num ber of signatures appear on the petition, no further action shall be taken on such petition. If the required number of signatures appear on the petition, the Secretary of State shall pro ceed to place the measure on the ballot. The Secretary of State shall cause the entire text of the proposed amendment to be published in a newspaper of general circulation in each con gressional district of the state as provided by law once each week for three consecutive weeks immediately preceding the date of the election at which such proposed amendment is to be submitted. Amendments to the Constitution proposed by initiative petition shall ap pear on the ballots in the same form as other proposed amendments. The provisions of Article X, Section I, Paragraph VI of the Constitution, relating to effective dates of amend ments to the Constitution, shall be applicable to amendments proposed by initiative peti tion, except that any amendment affecting taxation or relating to the raising of revenue shall become effective on the first day of the nineteenth month following its ratification. Except for the enacting clause, such proposed amendment to the Constitution shall be iden tical in wording to a resolution proposing an amendment to the Constitution, or any version thereof, which has been previously introduced into the General Assembly, either as an origi nal resolution or as a committee or floor substitute to a resolution, and which was rejected by the General Assembly or was one on which the General Assembly failed to act within the term to which that General Assembly was elected.
Paragraph III. Initiative petitions proposing statutes and amendments to statutes. An initiative petition proposing a statute or an amendment to a statute shall be signed in each congressional district by a number of registered voters equal to 10 percent or more of the number of voters who voted for the candidates for the office of Governor in the last preced ing gubernatorial election in that congressional district, but the total number of registered voters within the state signing the initiative petition shall be equal to 15 percent or more of the total number of voters who voted for the candidates for the office of Governor in the last preceding gubernatorial election. An initiative petition proposing a statute or an amend ment to a statute shall not refer to more than one subject matter and shall not contain matter different from what is expressed in the title thereof. Such initiative petition shall state the full text of the statute or an amendment to a statute and shall contain the follow ing enacting clause: 'BE IT ENACTED BY THE PEOPLE OF THE STATE OF GEOR GIA.' No law or section of the O.C.G.A. shall be amended or repealed by mere reference to its title or to the number of the section of the O.C.G.A., but the amending or repealing Act shall distinctly describe the law to be amended or repealed as well as the alteration to be made. Except for the enacting clause, such proposed statute or amendment shall be identi cal in wording to a bill or resolution, or any version thereof, which has been previously introduced into the General Assembly, either as an original bill or resolution or as a commit tee or floor substitute to a bill or resolution, and which was rejected by the General Assem bly or was one on which the General Assembly failed to act within the term to which that General Assembly was elected.
Such initiative petition proposing a statute or an amendment to a statute shall be filed with the Secretary of State not less than 150 days before any regular general election at which the question of approval or disapproval of such statute or amendment to a statute may be voted upon by the voters of the entire state. The initiative petition shall not be amended or supplemented after it has been filed with the Secretary of State. The Secretary of State shall immediately proceed to examine each petition filed and compute whether or not the proper number of signatures appear on the petition. If the petition contains less than the required number of signatures, no further action shall be taken on such petition. If the petition appears to contain the required number of signatures, the Secretary of State shall certify the total number of signatures appearing on the petition and the total for each

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congressional district. If any citizen shall furnish proof satisfactory to the Secretary of State within 30 days following the date on which the Secretary of State certifies the total number of signatures appearing on the petition that 300 or more signatures appearing on the peti tion are not the signatures of registered voters or are duplicate signatures or are not the genuine signatures of such persons, the Secretary of State shall provide the election officials of each county with a certified copy of the petition or appropriate portions thereof. Such county election officials shall examine the signatures appearing on the petition and shall certify the number of signatures of registered voters which appear on the petition to the Secretary of State within 30 days following the receipt of the copy of such petition. The Secretary of State shall tabulate and certify the total number of valid signatures appearing on the petition and shall certify whether the necessary number of signatures appear on the petition. If an insufficient number of signatures appear on the petition, no further action shall be taken on such petition. If the required number of signatures appear on the petition, the Secretary of State shall proceed to place the measure on the ballot. The Secretary of State shall cause the entire text of the proposed statute or amendment to a statute to be published in a newspaper of general circulation in each congressional district of the state as provided by law once each week for three consecutive weeks immediately preceding the date of the election at which such proposed statute or amendment to a statute is to be submitted. The Secretary of State, the Attorney General, and the Governor shall examine each statute and each amendment to a statute proposed by an initiative petition and shall adopt lan guage to appear on the ballot which shall adequately identify the measure to be voted upon. Such language shall be in the form of a question and shall not imply or suggest a vote either for or against such proposal. Such ballot question shall be in essentially the following form:

'[ ] YES [ ] NO

Shall the Act... be enacted by the people and become the law of the State of Georgia?'

All persons desiring to vote in favor of such proposed statute becoming the law of the state shall vote 'Yes' and those persons desiring to vote against the proposed statute becom ing the law of the state shall vote 'No.' It shall be the duty of the Secretary of State to tabulate the results of such election and to declare and certify the results thereof. If a ma jority of the voters voting on such question at such election vote for approval of such pro posed statute or amendment to a statute, it shall become law and taken effect on the thirti eth day following the election, except that any proposed statute or amendment to a statute which affects taxation or relates to the raising of revenue shall become effective on the first day of the nineteenth month following the election. If a majority of such voters vote for disapproval of such statute or amendment to a statute, no further action shall be taken on such petition. An initiative measure approved by the voters shall have the same force of authority as a law enacted by the General Assembly.

Paragraph IV. Provisions of section self-executing; legislative procedures. The provi sions of this section are self-executing but the legislature may provide by law for procedures to facilitate the operation thereof."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that the people of the State of Georgia shall have the power to enact or reject, by initiative petition, statutes and amendments to statutes and amendments to the Consti tution; to provide procedures and restrictions connected therewith; to pro vide exceptions; and to provide that the provisions shall be self-executing?"

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

MONDAY, FEBRUARY 1, 1988

311

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The Senate Committee on Governmental Operations offered the following substitute to SR41:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by initiative petition, statutes and amendments to statutes and amendments to the Constitution; to provide procedures and restrictions connected therewith; to provide exceptions; to provide that the provisions shall be self-executing; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III of the Constitution of Georgia is amended by adding at the end thereof a new Section XI to read as follows:
"SECTION XI.
Paragraph I. Power vested in the people. Notwithstanding any other provision of this Constitution, the people of Georgia reserve to themselves the power, by initiative petition, to enact or reject statutes and amendments to statutes and amendments to the Constitution at the polls, provided that any such proposed statute, amendment to a statute, or amend ment to the Constitution has first been introduced in the General Assembly at any time during a regular session which is held during the first year of the term of office of members of the General Assembly or before the twenty-seventh day of a regular session which is held during the second year of the term of office of members of the General Assembly and the General Assembly has rejected or failed to act on such proposed statute, amendment to a statute, or amendment to the Constitution within the two years immediately preceding the general election at which such proposals are to be presented to the voters through the initia tive petition process provided for in this section; and provided, further, that no measure which reduces state tax revenues shall be acted upon by initiative petition. The people, through the initiative petition, shall have the power to make all laws consistent with this Constitution, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the state.
If conflicting initiative petitions submitted to the people at the same general election are approved, the petition receiving the highest number of affirmative votes shall become law as to all conflicting provisions. After an initiative petition is defeated by the people voting in a general election, an initiative petition which contains essentially the same provi sions shall not be submitted to the people at the next two general elections.
Each person signing an initiative petition shall affix thereto his or her signature, resi dence address, and the name of the county in which he or she is a registered voter. A person who has signed a petition may strike his or her name from the petition at any time prior to the presentation of the petition to the Secretary of State. The petition may consist of more than one document, but each document shall contain only the signatures of persons residing in the same county and shall have affixed thereto an affidavit made by one of the signers of such document to the effect that all of the signatures are genuine and that each individual who signed such document was at the time of signing a registered voter in the county of his or her residence. The affidavit shall be executed before a person authorized by law to ad minister oaths in the State of Georgia.
Any person who signs a name other than his or her own on a petition, or who knowingly signs his or her name more than once for the same proposition at one election, or who signs a petition knowing that he or she is not a qualified registered elector shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $1,000.00

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or by imprisonment for not more than one year, or both. Each petition shall include a warn ing statement setting forth the preceding sentence.
Any person who gives or receives money or anything of value for signing an initiative petition, for obtaining the signatures of others on an initiative petition, for striking a signa ture from an initiative petition, or for obtaining the retraction of signatures of others on an initiative petition shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than one year, or both. Each petition shall include a warning statement setting forth the preceding sentence.
Any person or committee which accepts contributions or makes expenditures designed to bring about the approval or rejection of any initiative petition shall be subject to require ments for public disclosure and reporting of such contributions and expenditures as pro vided by general law.
Paragraph II. Initiative petitions proposing amendments to the Constitution. An initia tive petition proposing an amendment to the Constitution shall be approved as to its form by the Secretary of State prior to its circulation. An initiative petition proposing an amend ment to the Constitution shall be signed in each congressional district by a number of regis tered voters equal to 10 percent or more of the number of voters who voted for the candi dates for the office of Governor in the last preceding gubernatorial election in that congressional district, but the total number of registered voters signing the initiative peti tion shall be equal to 15 percent or more of the total number of voters within the state who voted for the candidates for the office of Governor in the last preceding gubernatorial elec tion. The initiative petition shall state the full text of the constitutional amendment, shall state the language which is to appear on the ballot, and shall contain the following enacting clause: 'BE IT RESOLVED BY THE PEOPLE OF THE STATE OF GEORGIA.' An initia tive petition proposing an amendment to the Constitution shall not refer to more than one subject matter and shall not contain matter different from what is expressed in the title thereof. The language which is to appear on the ballot shall be the same as the question contained in the resolution proposing the amendment which was introduced into the Gen eral Assembly and which is the subject of the initiative.
Such initiative petition proposing an amendment to the Constitution shall be filed with the Secretary of State not less than 150 days before any regular general election at which the question of approval or disapproval of such amendment may be voted upon by the vot ers of the entire state. The initiative petition shall not be amended or supplemented after it has been filed with the Secretary of State. The Secretary of State shall immediately proceed to examine each petition filed and compute whether or not the proper number of signatures appear on the petition. If the petition contains less than the required number of signatures, no further action shall be taken on such petition. If the petition appears to contain the required number of signatures, the Secretary of State shall certify the total number of signa tures appearing on the petition and the total for each congressional district. If any citizen shall furnish proof satisfactory to the Secretary of State within 30 days following the date on which the Secretary of State certifies the total number of signatures appearing on the petition that 300 or more signatures appearing on the petition are not the signatures of registered voters or are duplicate signatures or are not the genuine signatures of such per sons, the Secretary of State shall provide the election officials of each county with a certified copy of the petition or appropriate portions thereof. Such county election officials shall ex amine the signatures appearing on the petition and shall certify the number of signatures of registered voters which appear on the petition to the Secretary of State within 30 days fol lowing the receipt of the copy of such petition. The Secretary of State shall tabulate and certify the total number of valid signatures appearing on the petition and shall certify whether the necessary number of signatures appear on the petition. If an insufficient num ber of signatures appear on the petition, no further action shall be taken on such petition. If the required number of signatures appear on the petition, the Secretary of State shall pro ceed to place the measure on the ballot. The Secretary of State shall cause the entire text of the proposed amendment to be published in a newspaper of general circulation in each con gressional district of the state as provided by law once each week for three consecutive

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weeks immediately preceding the date of the election at which such proposed amendment is to be submitted. Amendments to the Constitution proposed by initiative petition shall ap pear on the ballots in the same form as other proposed amendments. The provisions of Article X, Section I, Paragraph VI of the Constitution, relating to effective dates of amend ments to the Constitution, shall be applicable to amendments proposed by initiative peti tion, except that any amendment affecting taxation or relating to the raising of revenue shall become effective on the first day of the nineteenth month following its ratification. Except for the enacting clause, such proposed amendment to the Constitution shall be iden tical in wording to a resolution proposing an amendment to the Constitution, or any version thereof, which has been previously introduced into the General Assembly, either as an origi nal resolution or as a committee or floor substitute to a resolution, and which was rejected by the General Assembly or was one on which the General Assembly failed to act within the term to which that General Assembly was elected.
Paragraph III. Initiative petitions proposing statutes and amendments to statutes. An initiative petition proposing a statute or an amendment to a statute shall be approved as to its form by the Secretary of State prior to its circulation. An initiative petition proposing a statute or an amendment to a statute shall be signed in each congressional district by a number of registered voters equal to 10 percent or more of the number of voters who voted for the candidates for the office of Governor in the last preceding gubernatorial election in that congressional district, but the total number of registered voters within the state signing the initiative petition shall be equal to 15 percent or more of the total number of voters who voted for the candidates for the office of Governor in the last preceding gubernatorial elec tion. An initiative petition proposing a statute or an amendment to a statute shall not refer to more than one subject matter and shall not contain matter different from what is ex pressed in the title thereof. Such initiative petition shall state the full text of the statute or an amendment to a statute and shall contain the following enacting clause: 'BE IT EN ACTED BY THE PEOPLE OF THE STATE OF GEORGIA.' No law or section of the O.C.G.A. shall be amended or repealed by mere reference to its title or to the number of the section of the O.C.G.A., but the amending or repealing Act shall distinctly describe the law to be amended or repealed as well as the alteration to be made. Except for the enacting clause, such proposed statute or amendment shall be identical in wording to a bill or resolu tion, or any version thereof, which has been previously introduced into the General Assem bly, either as an original bill or resolution or as a committee or floor substitute to a bill or resolution, and which was rejected by the General Assembly or was one on which the Gen eral Assembly failed to act within the term to which that General Assembly was elected.
Such initiative petition proposing a statute or an amendment to a statute shall be filed with the Secretary of State not less than 150 days before any regular general election at which the question of approval or disapproval of such statute or amendment to a statute may be voted upon by the voters of the entire state. The initiative petition shall not be amended or supplemented after it has been filed with the Secretary of State. The Secretary of State shall immediately proceed to examine each petition filed and compute whether or not the proper number of signatures appear on the petition. If the petition contains less than the required number of signatures, no further action shall be taken on such petition. If the petition appears to contain the required number of signatures, the Secretary of State shall certify the total number of signatures appearing on the petition and the total for each congressional district. If any citizen shall furnish proof satisfactory to the Secretary of State within 30 days following the date on which the Secretary of State certifies the total number of signatures appearing on the petition that 300 or more signatures appearing on the peti tion are not the signatures of registered voters or are duplicate signatures or are not the genuine signatures of such persons, the Secretary of State shall provide the election officials of each county with a certified copy of the petition or appropriate portions thereof. Such county election officials shall examine the signatures appearing on the petition and shall certify the number of signatures of registered voters which appear on the petition to the Secretary of State within 30 days following the receipt of the copy of such petition. The Secretary of State shall tabulate and certify the total number of valid signatures appearing on the petition and shall certify whether the necessary number of signatures appear on the

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petition. If an insufficient number of signatures appear on the petition, no further action shall be taken on such petition. If the required number of signatures appear on the petition, the Secretary of State shall proceed to place the measure on the ballot. The Secretary of State shall cause the entire text of the proposed statute or amendment to a statute to be published in a newspaper of general circulation in each congressional district of the state as provided by law once each week for three consecutive weeks immediately preceding the date of the election at which such proposed statute or amendment to a statute is to be submitted. The Secretary of State, the Attorney General, and the Governor shall examine each statute and each amendment to a statute proposed by an initiative petition and shall adopt lan guage to appear on the ballot which shall adequately identify the measure to be voted upon. Such language shall be in the form of a question and shall not imply or suggest a vote either for or against such proposal. Such ballot question shall be in essentially the following form:

'[ ] YES [ ] NO

Shall the Act... be enacted by the people and become the law of the State of Georgia?'

All persons desiring to vote in favor of such proposed statute becoming the law of the state shall vote 'Yes' and those persons desiring to vote against the proposed statute becom ing the law of the state shall vote 'No.' It shall be the duty of the Secretary of State to tabulate the results of such election and to declare and certify the results thereof. If a ma jority of the voters voting on such question at such election vote for approval of such pro posed statute or amendment to a statute, it shall become law and take effect on the thirtieth day following the election, except that any proposed statute or amendment to a statute which affects taxation or relates to the raising of revenue shall become effective on the first day of the nineteenth month following the election. If a majority of such voters vote for disapproval of such statute or amendment to a statute, no further action shall be taken on such petition. An initiative measure approved by the voters shall have the same force of authority as a law enacted by the General Assembly.
Paragraph IV. Provisions of section self-executing; legislative procedures. The provi sions of this section are self-executing but the legislature may provide by law for procedures to facilitate the operation thereof."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that the people of the State of Georgia shall have the power to enact or reject, by initiative petition, statutes and amendments to statutes and amendments to the Consti tution; to provide procedures and restrictions connected therewith; to pro vide exceptions; and to provide that the provisions shall be self-executing?"

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 Crumbley of the 17th offered the following amendment:
Amend the substitute to SR 41 offered by the Senate Committee on Governmental Op erations by adding on Page 2, line 9, between the words "revenues" and "shall" the following:
"or legalizes gambling in any form".

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On the adoption of the amendment offered by Senator Crumbley of the 17th, the yeas were 34, nays 10, and the amendment was adopted.

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

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

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Brannon Burton Coleman Coverdell Crumbley Deal

Edge Engram Foster Harrison Howard Hudgins Kidd Land Newbill Peevy

Phillips Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Tysinger Walker

Those voting in the negative were Senators:

Baldwin Bowen Bryant
I^n Echols English Fincher Garner

Gillis Harris Hine
Huggins Johnson Kennedy Langford McGill

McKenzie Olmstead Perry
Ragan of 10th Ray Taylor Timmons Turner

Not voting was Senator Broun (excused).

On the adoption of the resolution, the yeas were 30, nays 25.

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

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

STATE OF GEORGIA Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons, numbered 538 through 599, who have registered in the Docket of Legislative Appearance as of January 29, 1988, 3:00 p.m., in accordance with Georgia Law 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 29th day of January, in the year of our

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Lord One Thousand Nine Hundred and Eighty-Eight and of the Independence of the United States of America the Two Hundred and Twelfth
/s/ Max Cleland Secretary of State

538. Deborah Silver 100 Edgewood Avenue Suite 502 Atlanta, Georgia 30303 404/527-7175 Residential Coalition Citizen
539. Wayne V. Lister 977 Ponce de Leon Avenue Atlanta, Georgia 30306 404/876-7454 Georgia Association of Personal Care Homes, The
540. Mathew Foster 501 Pulliam Street, S.W. Suite 350 Atlanta, Georgia 30312 404/522-0684 Amalgamated Transit Union Local 732
541. Barbara Green Hill 1404 Spring Street Atlanta, Georgia 30309 404/873-4356 Georgia Citizens for the Arts
542. J. Render Hill Court Square Greenville, Georgia 30222 404/672-1227 US Sprint
543. Ski Bashinski 3009 Rainbow Drive Suite 123 Decatur, Georgia 30034 404/241-4095 Georgia Funeral Directors Association Georgia Automatic Merchandising Council Surveying and Mapping Society of Georgia Greater Atlanta Fabricare Association Georgia Cemetery Association Georgia Pest Control Association
544. James M. Griffith Box 4545 Atlanta, Georgia 30302 404/526-6907 Georgia Power Company

545. Clinch G. Norsworthy, III 200 Forrest Lake Drive, N.W. Atlanta, Georgia 30327 404/255-1969 Georgia Council on Moral and Civic Concerns, Inc.
546. John S. Sherrer 833 Campbell Hill Street Marietta, Georgia 30060 404/427-0202 Georgia Pharmaceutical Association
547. William (Bill) Renouf 2175 Parklake Drive Suite 450 Atlanta, Georgia 30341 404/493-8003 Associates Corporation of North America
548. Anita L. Brooks 6065 Roswell Road, N.E. Atlanta, Georgia 30328 404/252-6327 Georgia Federation of Teachers Atlanta Public Schools
549. Robert P. Constantine, Jr. 235 Peachtree Street, N.E. Suite 1600 Atlanta, Georgia 30303 404/688-3330 Health Insurance Association of America MAG Mutual Insurance Company Financial Life Insurance Company of Ga. American Society of Landscape Architects (A.S.L.A.) American Society of Interior Designers (A.S.I.D.) California Vision Service Plan--CVSP American International Group Georgia Alliance of Interior Design Professionals

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550. William M. Bates 161 Spring Street, N.W. Suite 810 Atlanta, Georgia 30303 404/588-1707 Bates Associates Morehouse School of Medicine Interstate Paper Corporation Tobacco Institute Dehart and Darr
551. VOID
552. Jack Acree 3700 B Market Street Clarkston, Georgia 30021 404/292-7243 Professional Association of Georgia Educators
553. James A. Cody 4301 Memorial Drive Decatur, Georgia 30032 404/292-1955 Georgia Sheriffs Association
554. Irene Munn 4301 Memorial Drive Suite K Decatur, Georgia 30032 404/292-1955 Georgia Sheriffs Association
555. Elizabeth Stewart 222 W. Oglethorpe Avenue Savannah, Georgia 31499 912/944-0444 Savannah Area Chamber of Commerce
556. Wm. D. Padgett 25 Park Place Atlanta, Georgia 30302 404/588-8681 Trust Company of Georgia
557. Patsy House Central Elementary School McRae, Georgia 31055 912/868-6029 Professional Association of Georgia Educators
558. E. Leila L'Abate 136 Marietta Street, N.W., #347 Atlanta, Georgia 30307 404/521-3731 Georgia Environmental Project, Inc.

559. Cornelis De Vente Concord Building 136 Marietta Street Suite 238 Atlanta, Georgia 30303 404/521-3731 Georgia Environmental Project, The
560. Monty Veazey Post Office Box 1572 Tifton, Georgia 31793 912/386-8660 Frito Lay Georgia Not For Profit Hospitals, Inc. 3M Company
561. Edward W. Lebaron, Jr. 35 Broad Street llth Floor Atlanta, Georgia 30335 404/572 6622 Memorial Hospital of Savannah
562. William Leonard Jones 882 S. Main Street Suite 100 Conyers, Georgia 30207 404/922-6600 Adoptees Search Network
563. John S. Hightower 251 Fla. Street Suite 412 Baton Rouge, Louisiana 70801 504/336-9256 Louisiana-Pacific Corporation
564. Ruenette Gilbert 1846 Beaverdale Road Dalton, Georgia 30720 404/259-5406 Georgia Congress of Parents and Teachers (Georgia PTA) Georgia School Board Association (GSBA) Citizen Whitfield County School Board
565. Dr. Malcolm Cummings Suite 218 337 South Milledge Avenue Athens, Georgia 30605 404/549-2190 Georgia Association of Christian Schools

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566. Wales F. Barksdale 981 Milstead Avenue Conyers, Georgia 30207 404/922-4000 A. R. Barksdale, Inc. Snapping Shoals Electric Membership Corporation City of Conyers
567. VOID
568. VOID
569. George Hugh Ross 4678 Jefferson Township Lane Marietta, Georgia 30066 404/992-6245 Merrell Dow Pharmaceuticals, Inc.
570. Charlotte Wilen 1252 West Peachtree Street, N.W. Suite 311 Atlanta, Georgia 30309 404/873-1993 Continuum Alliance for Healthy Mothers and Children, Inc.
571. Robert S. Kahn 850 South Tower CNN Center Atlanta, Georgia 30303 404/681-1988 Atlanta 88 Committee, Inc.
572. Landen Jones-Gailey 607 Third Avenue Decatur, Georgia 30030 404/325-7889 Georgia Coalition of Dog Clubs, Inc.
573. Linda S. North 3048 Mt. Olive Drive Decatur, Georgia 30033 404/325-7889 Georgia Coalition of Dog Clubs, Inc.
574. Edward R. Vickrey Post Office Box 130 Ringgold, Georgia 30736 404/935-2297 Catoosa Education Association
575. Donald S. Massey 1100 Circle 75 Parkway Suite 720 Atlanta, Georgia 30339 404/984-0918 Community Bankers Association of Georgia

576. John T. Anderson Post Office Box 923 Augusta, Georgia 30903 404/796-4209 Thermal Ceramics
577. Claudia B. Ward Post Office Box 869 Ringgold, Georgia 30736 404/935-2345 Ringgold Telephone Company
578. John Selmon Post Office Box 869 Ringgold, Georgia 30736 404/935-2345 Ringgold Telephone Company RTC Communications Systems
579. Teresa Blaine Leary 350 Spelman Lane, S.W. Atlanta, Georgia 30314 404/659-7877 Georgia League of Women Voters
580. Doris Collins Vanhoozer Post Office Box 525 Morrow, Georgia 30260 404/366-5972 Atlanta Alzheimers Chapter ADRA, The
581. Tracy Patricia Leary 350 Spelman Lane Post Office Box 1059 Atlanta, Georgia 30314 404/659-7877 Women's League of Voters
582. Joe D. Douglas, Jr. 13175 Hopewell Road Alpharetta, Georgia 30201 404/475-5004 Sanity, Inc.
583. Jesse M. Phillips 360 Pony Tail Road Alpharetta, Georgia 30201 404/475-1378 Sanity, Inc.

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319

584. Herb Reese 3277 Roswell Road, N.E. Suite 127 Atlanta, Georgia 30305 404/255-2576 Northside Atlanta Progress Buckhead Business Association Fulton County Economic Advisory Board Buckhead Investment Properties ARC Development Advisory Board Voters for Better Government
585. J. Robert Benton Post Office Box 895 Jonesboro, Georgia 30237 404/968-0485 Wine Institute
586. Keith Robinson 136 Marietta Street Atlanta, Georgia 30303 404/521-3731 Georgia Environmental Project
587. Anne Corwin 136 Marietta Street Atlanta, Georgia 30303 404/521-3731 Georgia Environmental Project
588. Gregory B. Paxton 1516 Peachtree Street, N.W. Atlanta, Georgia 30309 404/881-9980 Georgia Trust for Historic Preservation Georgians for Preservation Action
589. Joe Cullen Williford, Jr. 130 26th Street, N.W., #209 Atlanta, Georgia 30309-2013 404/874-0600 American Civil Liberties Union of Georgia Friends Atlanta, Inc. Metropolitan Atlanta Council of Gay & Lesbian Organizations
590. Nancy L. May 3000 Langford Road, #2400 Norcross, Georgia 30071 404/447-4611 Georgia Burglar and Fire Alarm Association, Inc. Fraternal Order of Police Allentest Products Georgia Public Safety Coalition

591. Polly Finlon Hale 4303 Memorial Drive, Suite B Decatur, Georgia 30032 404/292-0452 Private Rehabilitation Suppliers of Georgia
592. Debianne Villines 1001 Johnson Ferry Road Atlanta, Georgia 30063 404/257-2050 Georgia Nurses Association The Organization for Obstetric, Gynecological & Neonatal Nurses
593. Todd Mitchell Krohn 100 Edgewood Avenue, N.E. Room 128 Atlanta, Georgia 30303 404/527-7654 Metropolitan Atlanta Crime Commission
594. Greg Storm McLaughlin Post Office Box 21083 Emory University Atlanta, Georgia 30322 404/728-0039 Georgia Conservancy
595. Marsha Matson Silverman 4434 Cedar Glen Stone Mountain, Georgia 30083 404/299-1604 Support Initiative in Georgia Now (S.I.G.N.)
596. Guy E. Wood 165 Central Avenue, S.W. Atlanta, Georgia 30335 404/572-2622 Georgia Association of Assessing Officials
597. Milo Dakin 750 Washington Avenue Suite 206 Montgomery, Alabama 36104 205/265-2158 Alabama Sports Association, Inc.
598. Bettie J. Sleeth 5096 Galbraith Circle Stone Mountain, Georgia 30088 404/469-4290 Support Initiative in Georgia Now (S.I.G.N.)

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599. June Deen 2452 Spring Road Smyrna, Georgia 30080 404/434-8273 American Lung Association of Georgia
Serving as doctor of the day today was Dr. Donald James of Monroe, Georgia.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.
At 3:47 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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321

Senate Chamber, Atlanta, Georgia Tuesday, February 2, 1988 Fourteenth 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 English of the 21st reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1359. 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 description of the commissioner districts.
HB 1510. By Representatives Wilson of the 20th, Clark of the 20th, Atkins of the 21st, Hensley of the 20th, Thompson of the 20th and others:
A bill to amend an Act creating the Downtown Marietta Development Authority, so as to provide that the Authority shall undertake a program for the control of pigeons within the Downtown Marietta District.
HB 1504. By Representatives Bannister of the 62nd, Wall of the 61st, Goodwin of the 63rd, Pittman of the 60th, Jackson of the 9th and others:
A bill to increase the amount of the homestead exemption from county school district ad valorem taxation, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of the Gwinnett County school district actually occupied by the owner as a residence and homestead.
HB 1505. By Representatives Bannister of the 62nd, Wall of the 61st, Goodwin of the 63rd, Pittman of the 60th, Jackson of the 9th and others:
A bill to increase the amount of the homestead exemption from county ad valorem taxes other than county school district taxes, except taxes levied to re tire bonded indebtedness, which applies to the homestead of each resident of Gwinnett County actually occupied by the owner as a residence and homestead.
HB 1209. By Representatives Reaves of the 147th, Moore of the 139th, Balkcom of the 140th, Godbee of the 110th and Oliver of the 121st:
A bill to amend Chapter 50 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Veterinary Practice Act," so as to change the definition of a certain term; to change the provisions relating to applications for licenses.

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HB 1201. By Representatives Ramsey of the 3rd, Steinberg of the 46th, Buck of the 95th and Lee of the 72nd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to require annual training of peace officers.
HB 1202. By Representative Ramsey of the 3rd:
A bill to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, known as the "Peace Officer and Prosecutor Training Fund Act of 1983," so as to provide that the additional penalty imposed in certain criminal and traffic cases and upon violation of bond shall be applicable to the magistrate courts.
HB 1348. By Representatives Childers of the 15th, Richardson of the 52nd and McKinney of the 35th:
A bill to amend Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease patients, so as to provide for limitations upon the use of certain kidney dialyzers.
HB 1268. By Representatives Ware of the 77th, Workman of the 51st, Dunn of the 73rd, Lawson of the 9th, Jackson of the 9th and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that no notice refusing the re newal of certain coverages in an automobile or motorcycle policy issued for deliv ery in this state shall be mailed or delivered for certain enumerated reasons.
HB 1151. By Representative Porter of the 119th:
A bill to amend Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trusts, so as to change certain provisions relating to trustee powers which render a trust executory and termination of irrevocable executory trusts.
HB 1241. By Representatives Twiggs of the 4th, Hanner of the 131st, Coleman of the 118th and Ramsey of the 3rd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to provide for the appointment of an executive director of the Georgia Peace Officer Standards and Training Council.
HB 1216. By Representatives Benn of the 38th, Clark of the 13th, Greer of the 39th, Thomas of the 31st, Sinkfield of the 37th and others:
A bill to amend Code Section 49-5-60 of the Official Code of Georgia Annotated, relating to definitions regarding employee records checks for daycare centers, so as to change a definition.
HB 1330. By Representatives Thomas of the 69th and Groover of the 99th:
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 repeal certain provisions which pro vide that if two indictments are quashed future prosecutions are barred.
HB 1427. By Representatives Thomas of the 69th, Simpson of the 70th and Shepard of the 71st:
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 Carroll County of the Coweta Judicial Circuit.

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323

HB 1303. By Representative Robinson of the 96th:
A bill to amend Code Section 36-62-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in Chapter 62 of Title 36, known as the "Development Authorities Law," so as to change the definition of the term "pro ject"; to qualify a charitable corporation, association, or similar entity to finance the acquisition, construction, leasing, or financing of office buildings.
HB 1349. By Representatives Childers of the 15th, Pannell of the 122nd, Hooks of the 116th, Richardson of the 52nd, Parham of the 105th and others:
A bill to exercise the authority of the General Assembly under Chapter 2 of Title 43 of the Official Code of Georgia Annotated, "The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies," so as to amend Code Section 26-4-41 of the Official Code of Georgia Annotated, providing for the termination of the State Board of Pharmacy, so as to provide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto.
HB 1377. By Representative Childers of the 15th:
A bill to amend Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to occupational therapists, so as to change which persons must be li censed under that chapter; to continue the State Board of Occupational Therapy but provide for the later termination of that board and the repeal of the laws relating thereto.
HB 1298. By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 15-6-93 of the Official Code of Georgia Annotated, relating to hours of operation for superior court clerks' offices, so as to exempt from the application of this Code Section counties having a population of fewer than 10,000 persons according to the United States decennial census of 1980 or any future such census.
The House has agreed to the Senate substitute to the following bill of the House:
HB 1409. 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 that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Clayton County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1071. By Representative Johnson of the 72nd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, to change the provisions relating to the definition of an employee under the Employees' Retirement System of Georgia.
HB 1215. By Representative Richardson of the 52nd:
A bill to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to change certain provisions relating to requirements for practicing and teaching barbering; to change certain requirements for a license to operate a barbershop.

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HB 480. By Representatives Johnson of the 72nd, Watts of the 41st, Godbee of the 110th, Lord of the 107th, Thompson of the 20th and others:
A bill to amend Article 6 of Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and disability benefits under the Public School Employees Retirement System, so as to authorize postretirement benefit adjustments.
HB 482. By Representatives Johnson of the 72nd, Watts of the 41st, Godbee of the 110th, Dover of the llth, Thompson of the 20th and others:
A bill to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits under the Public School Employees Retirement System, so as to change the provisions relating to the amount of the retirement benefit.
HB 1335. By Representatives Lawson of the 9th and Thomas of the 69th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for a limitation on the liability of certain nonprofit associations conducting or sponsoring safety or sports programs and certain persons associated with such associations and programs.
HB 1495. By Representatives Chambless of the 133rd, Groover of the 99th, Thomas of the 69th, Robinson of the 96th, Pettit of the 19th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions so as to provide that certain persons shall not be liable for the acts of intoxicated persons who are of legal drinking age; to provide that certain persons may be liable for the acts of certain intoxicated per sons; to provide for certain legal proofs and assumptions.
HB 1189. By Representative Barnett of the 10th:
A bill to amend Code Section 49-3-2 of the Official Code of Georgia Annotated, relating to county boards of family and children services, so as to provide that nominees for appointment to a board shall certify their willingness to serve if appointed.
HB 1352. By Representatives Hooks of the 116th, Watson of the 114th, Ray of the 98th, Kilgore of the 42nd and Steinberg of the 46th:
A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, known as the "Public Accountancy Act of 1977," so as to authorize the State Board of Accountancy to appoint committees or persons to assist the board in the administration and enforcement of laws pertaining to accountants.
HB 1163. By Representative Pannell of the 122nd:
A bill to amend Article 2 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to costs, compensation, and liabilities of guardians and sure ties, so as to authorize certain additional commissions to guardians and trustees.
HB 1443. By Representatives Rainey of the 135th, Mangum of the 57th, Cummings of the 17th, Peters of the 2nd, Moore of the 139th and others:
A bill to amend Code Section 40-6-160 of the Official Code of Georgia Annotated, relating to speed limits for school buses, so as to provide for a speed limit when school children are being transported to or from an event or school activity and children are not being loaded or unloaded during such transportation.

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HB 1425. By Representatives Chambless of the 133rd, Waldrep of the 80th, Pannell of the 122nd and Robinson of the 96th:
A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to offenses concerning public officers and employees, so as to include members of any municipal governing authority in the procedure for indictment and appearance before a grand jury on charges relating to public office.
HB 1444. By Representatives Chambless of the 133rd, Thomas of the 69th, Groover of the 99th and Robinson of the 96th:
A bill to amend Code Section 14-2-371 of the Official Code of Georgia Annotated, relating to fees of the Secretary of State for filing documents and issuing certifi cates relating to business corporations, so as to change a fee; to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for a state-wide county computerized information network and participation by clerks of superior courts therein.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 581. By Representatives Oliver of the 121st and Colwell of the 4th:
A resolution authorizing the conveyance of certain state owned real property lo cated in the City of Reidsville, Tattnall County, Georgia, to the Tattnall County Board of Education and the acceptance of certain real property owned by the Tattnall County Board of Education located in the City of Reidsville, Tattnall County, Georgia, in consideration therefor.
The House has adopted the following resolution of the House:
HR 666. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A resolution commending the Morrow High School varsity football team and in viting Coach Bud Theodocion to appear before the House of Representatives.
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 320. By Senators Starr of the 44th and Crumbley of the 17th:
A resolution commending the Morrow High School varsity football team and Coach Bud Theodocion.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 578. By Senators Hudgins of the 15th and Land of the 16th:
A bill to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of motor vehicle liability insurance policies, so as to provide that each policy of motor vehicle liability insurance issued in this state shall provide that a person who suffers personal injury or property damage in a motor vehicle accident shall be authorized to file a claim with the insurer of the party at fault in the accident. Referred to Committee on Insurance.

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SB 579. By Senators Kidd of the 25th, McKenzie of the 14th, Hugging of the 53rd and others:
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 that all tangible property shall be appraised and assessed for ad valorem tax purposes solely on the basis of the value of the property under its existing use; to state legislative intent; to define terms; to provide for specific rules governing the valuation of certain property.
Referred to Committee on Banking and Finance.
SB 580. By Senator Barnes of the 33rd:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide standards and requirements for ditches, excavations, trenches, tunnels, and shoring; to provide a short title; to provide definitions; to prohibit certain activities or actions; to provide for rules and regulations.
Referred to Committee on Industry and Labor.
SB 581. By Senators Coverdell of the 40th, Shumake of the 39th and Engram of the 34th:
A bill to amend an Act creating the Board of Commissioners of Fulton County, as amended, so as to provide for the election of the chairman of the board of commissioners; to provide the procedures in connection therewith; to provide for other matters relative to the foregoing; to provide for effective dates.
Referred to Committee on Urban and County Affairs.
SB 582. By Senators Hudgins of the 15th and Land of the 16th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to change the composition of certain state Senate districts; to provide an effective date and for applicability.
Referred to Committee on Urban and County Affairs (General).
SR 335. By Senator Foster of the 50th:
A resolution relating to waste-to-energy recycling programs and facilities.
Referred to Committee on Consumer Affairs.
SR 336. By Senators Turner of the 8th, Kennedy of the 4th and Kidd of the 25th:
A resolution to commend the Board of Regents of the University System of Geor gia; to recommend the enhancement of two four-year colleges in south Georgia to the status of universities.
Referred to Committee on Higher Education.
SR 337. By Senators Kidd of the 25th and Kennedy of the 4th:
A resolution to commend the Board of Regents of the University System of Geor gia; to make certain recommendations relating to Georgia Southern College and Valdosta State College.
Referred to Committee on Higher Education.

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327

The following bills and resolution of the House were read the first time and referred to committees:
HB 480. By Representatives Johnson of the 72nd, Watts of the 41st, Godbee of the 110th and others:
A bill to amend Article 6 of Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and disability benefits under the Public School Employees Retirement System, so as to authorize postretirement benefit adjustments.
Referred to Committee on Retirement.
HB 482. By Representatives Johnson of the 72nd, Watts of the 41st, Godbee of the 110th and others:
A bill to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits under the Public School Employees Retirement System, so as to change the provisions relating to the amount of the retirement benefit.
Referred to Committee on Retirement.
HB 1071. By Representative Johnson of the 72nd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, to change the provisions relating to the definition of an employee under the Employees' Retirement System of Georgia.
Referred to Committee on Retirement.
HB 1151. By Representative Porter of the 119th:
A bill to amend Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trusts, so as to change certain provisions relating to trustee powers which render a trust executory and termination of irrevocable executory trusts.
Referred to Committee on Banking and Finance.
HB 1163. By Representative Pannell of the 122nd:
A bill to amend Article 2 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to costs, compensation, and liabilities of guardians and sure ties, so as to authorize certain additional commissions to guardians and trustees.
Referred to Committee on Judiciary.
HB 1189. By Representative Barnett of the 10th:
A bill to amend Code Section 49-3-2 of the Official Code of Georgia Annotated, relating to county boards of family and children services, so as to provide that nominees for appointment to a board shall certify their willingness to serve if appointed.
Referred to Committee on Human Resources.
HB 1201. By Representatives Ramsey of the 3rd, Steinberg of the 46th, Buck of the 95th and Lee of the 72nd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to require annual training of peace officers.
Referred to Committee on Public Safety.

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HB 1202. By Representative Ramsey of the 3rd:
A bill to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, known as the "Peace Officer and Prosecutor Training Fund Act of 1983," so as to provide that the additional penalty in certain criminal and traffic cases and upon violation of bond shall be applicable to the magistrate courts. Referred to Committee on Public Safety.
HB 1209. By Representatives Reaves of the 147th, Moore of the 139th, Balkcom of the 140th and others:
A bill to amend Chapter 50 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Veterinary Practice Act," so as to change the definition of a certain term; to change the provisions relating to applications for licenses. Referred to Committee on Agriculture.
HB 1215. By Representative Richardson of the 52nd:
A bill to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to change certain provisions relating to requirements for practicing and teaching barbering; to change certain requirements for a license to operate a barbershop. Referred to Committee on Governmental Operations.
HB 1216. By Representatives Benn of the 38th, Clark of the 13th, Greer of the 39th and others:
A bill to amend Code Section 49-5-60 of the Official Code of Georgia Annotated, relating to definitions regarding employee records checks for daycare centers, so as to change a definition. Referred to Committee on Human Resources.
HB 1241. By Representatives Twiggs of the 4th, Hanner of the 131st, Coleman of the 118th and Ramsey of the 3rd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to provide for the appointment of an executive director of the Georgia Peace Officer Standards and Training Council. Referred to Committee on Public Safety.
HB 1268. By Representatives Ware of the 77th, Workman of the 51st, Dunn of the 73rd and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that no notice refusing the re newal of certain coverages in an automobile or motorcycle policy issued for deliv ery in this state shall be mailed or delivered for certain enumerated reasons. Referred to Committee on Insurance.
HB 1298. By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 15-6-93 of the Official Code of Georgia Annotated, relating to hours of operation for superior court clerks' offices, so as to exempt from the application of this Code Section counties having a population of fewer than 10,000 persons according to the United States decennial census of 1980 or any future such census. Referred to Committee on Governmental Operations.

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329

HB 1303. By Representative Robinson of the 96th:
A bill to amend Code Section 36-62-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in Chapter 62 of Title 36, known as the "Development Authorities Law," so as to change the definition of the term "pro ject"; to qualify a charitable corporation, association, or similar entity to finance the acquisition, construction, leasing, or financing of office buildings. Referred to Committee on Judiciary.
HB 1330. By Representatives Thomas of the 69th and Groover of the 99th:
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 repeal certain provisions which pro vide that if two indictments are quashed future prosecutions are barred. Referred to Committee on Special Judiciary.
HB 1335. By Representatives Lawson of the 9th and Thomas of the 69th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for a limitation on the liability of certain nonprofit associations conducting or sponsoring safety or sports programs and certain persons associated with such associations and programs. Referred to Committee on Special Judiciary.
HB 1348. By Representatives Childers of the 15th, Richardson of the 52nd and McKinney of the 35th:
A bill to amend Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease patients, so as to provide for limitations upon the use of certain kidney dialyzers. Referred to Committee on Human Resources.
HB 1349. By Representatives Childers of the 15th, Pannell of the 122nd, Hooks of the 116th, Richardson of the 52nd and others:
A bill to exercise the authority of the General Assembly under Chapter 2 of Title 43 of the Official Code of Georgia Annotated, "The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies," so as to amend Code Section 26-4-41 of the Official Code of Georgia Annotated, providing for the termination of the State Board of Pharmacy, so as to provide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto. Referred to Committee on Governmental Operations.
HB 1352. By Representatives Hooks of the 116th, Watson of the 114th, Ray of the 98th, Kilgore of the 42nd and Steinberg of the 46th:
A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, known as the "Public Accountancy Act of 1977," so as to authorize the State Board of Accountancy to appoint committees or persons to assist the board in the administration and enforcement of laws pertaining to accountants. Referred to Committee on Governmental Operations.
HB 1377. By Representative Childers of the 15th:
A bill to amend Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to occupational therapists, so as to change which persons must be li censed under that chapter; to continue the State Board of Occupational Therapy

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but provide for the later termination of that board and the repeal of the laws relating thereto.
Referred to Committee on Governmental Operations.
HB 1425. By Representatives Chambless of the 133rd, Waldrep of the 80th, Pannell of the 122nd and Robinson of the 96th:
A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to offenses concerning public officers and employees, so as to include members of any municipal governing authority in the procedure for indictment and appearance before a grand jury on charges relating to public office. Referred to Committee on Special Judiciary.
HB 1427. By Representatives Thomas of the 69th, Simpson of the 70th and Shepard of the 71st:
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 Carroll County of the Coweta Judicial Circuit. Referred to Committee on Judiciary.
HB 1443. By Representatives Rainey of the 135th, Mangum of the 57th, Cummings of the 17th, Peters of the 2nd, Moore of the 139th and others:
A bill to amend Code Section 40-6-160 of the Official Code of Georgia Annotated, relating to speed limits for school buses, so as to provide for a speed limit when school children are being transported to or from an event or school activity and children are not being loaded or unloaded during such transportation. Referred to Committee on Public Safety.
HB 1444. By Representatives Chambless of the 133rd, Thomas of the 69th, Groover of the 99th and Robinson of the 96th:
A bill to amend Code Section 14-2-371 of the Official Code of Georgia Annotated, relating to fees of the Secretary of State for filing documents and issuing certifi cates relating to business corporations, so as to change a fee; to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for a state-wide county computerized information network and participation by clerks of superior courts therein. Referred to Committee on Judiciary.
HB 1495. By Representatives Chambless of the 133rd, Groover of the 99th, Thomas of the 69th, Robinson of the 96th, Pettit of the 19th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions so as to provide that certain persons shall not be liable for the acts of intoxicated persons who are of legal drinking age; to provide that certain persons may be liable for the acts of certain intoxicated per sons; to provide for certain legal proofs and assumptions.
Referred to Committee on Special Judiciary.
HB 1359. 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 description of the commissioner districts. Referred to Committee on Urban and County Affairs.

TUESDAY, FEBRUARY 2, 1988

331

HB 1504. By Representatives Bannister of the 62nd, Wall of the 61st, Goodwin of the 63rd, Pittman of the 60th, Jackson of the 9th and others: A bill to increase the amount of the homestead exemption from county school district ad valorem taxation, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of the Gwinnett County school district actually occupied by the owner as a residence and homestead.
Referred to Committee on Urban and County Affairs.
HB 1505. By Representatives Bannister of the 62nd, Wall of the 61st, Goodwin of the 63rd, Pittman of the 60th, Jackson of the 9th and others: A bill to increase the amount of the homestead exemption from county ad valorem taxes other than county school district taxes, except taxes levied to re tire bonded indebtedness, which applies to the homestead of each resident of Gwinnett County actually occupied by the owner as a residence and homestead.
Referred to Committee on Urban and County Affairs.
HB 1510. By Representatives Wilson of the 20th, Clark of the 20th, Atkins of the 21st, Hensley of the 20th and Thompson of the 20th: A bill to amend an Act creating the Downtown Marietta Development Authority, so as to provide that the Authority shall undertake a program for the control of pigeons within the Downtown Marietta District.
Referred to Committee on Urban and County Affairs.
HR 581. By Representatives Oliver of the 121st and Colwell of the 4th: A resolution authorizing the conveyance of certain state owned real property lo cated in the City of Reidsville, Tattnall County, Georgia, to the Tattnall County Board of Education and the acceptance of certain real property owned by the Tattnall County Board of Education located in the City of Reidsville, Tattnall County, Georgia, in consideration therefor.
Referred to Committee on Public Utilities.
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 570. Do pass.
Respectfully submitted,
Senator McGill of the 24th District, Chairman
Mr. President:
The Committee on Higher Education 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 424. Do pass.
Respectfully submitted,
Senator Fincher of the 54th District, Chairman

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JOURNAL OF THE SENATE

Mr. President:

The Committee on Industry and Labor 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 713. 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 bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 507. Do pass by substitute.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

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

SB 197. Do pass by substitute.

HB 312. Do pass by substitute.

SB 492. Do pass.

HB 1229. Do pass as amended.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

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

SB 565. Do pass. SB 566. Do pass.

HB 1236. Do pass. HB 1341. 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 432. By Senator Barnes of the 33rd:
A bill to amend Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to state courts of counties, so as to create The Council of State Court Judges of Georgia; to provide for the council's composition; to provide for officers and an executive committee; to provide for the organization and administration of the council; to provide for the responsibilities of the council.

SB 438. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Article 29 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to interlocal risk management agencies, so as to change cer-

TUESDAY, FEBRUARY 2, 1988

333

tain definitions and the use of certain terms; to revise the provisions relating to excess insurance; to provide that participation by a board of education in an interlocal risk management agency shall not constitute a waiver of sovereign immunity.

SB 494. By Senator Barnes of the 33rd:
A bill to amend Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries, so as to provide that succeeding grand juries shall be furnished with written responses by county officers to presentments and recommendations of the immediately preceding grand jury; to provide for related matters.

SB 516. By Senator Barnes of the 33rd:
A bill to amend Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to compensation of court bailiffs, so as to change the provisions relative to such compensation.

SB 544. By Senator Langford of the 35th:
A bill to amend Chapter 13 of Title 34 of the Official Code of Georgia Annotated, known as the "Carnival Ride Safety Act," so as to delete certain provisions relat ing to certificates of inspection; to change the provisions relating to issuance of a permit; to change the provisions relating to accident reports; to change the provi sions relating to liability insurance.

SB 569. By Senators Walker of the 43rd, Scott of the 2nd and Allgood of the 22nd:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide a new article relating to small minority business development corporations; to provide for definitions; to pro vide for the creation and purposes of small minority business development corporations.

SR 267. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A resolution proposing an amendment to the Constitution so as to provide for sovereign immunity and official immunity and to provide for the circumstances and procedures under which such immunity shall be raised and to provide the General Assembly with certain authority to enact laws relating to sovereign and official immunity; to provide for submission of this amendment for ratification or rejection.

SR 272. By Senators Mine of the 52nd and Howard of the 42nd:
A resolution requesting the Office of Regulatory Services of the Department of Human Resources to create a Task Force on Community Dialysis Centers.

HR 372. By Representative Dunn of the 73rd:
A resolution honoring the life of Honorable Herman Eugene Talmadge and creat ing the Herman Eugene Talmadge Monument Commission.

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

Albert Allgood Baldwin Barker Barnes

Bowen Brannon Bryant Burton Coleman

Coverdell Crumbley Dawkins Deal Dean

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JOURNAL OF THE SENATE

Echols Edge English Fincher
vGjoialslrjtngeerr Harris Harrison Hine Howard Huggins

Johnson Kennedy Kidd McGill
NMXTecwKb!e_in.l,,lzie Olmstead Peevv Perry Ragan of 10th Ragan of 32nd

Ray Scott of 2nd Scott of 36th Shumake
mTStaat,rer Taylor Timmons Turner Tysinger Walker

Those not answering were Senators:

Broun (excused) Engram Hudgins

Land Langford

Phillips Stumbaugh

Senator Engram of the 34th introduced the chaplain of the day, Reverend Tom Dews, a retired Presbyterian minister from Hampton, Georgia, who offered scripture reading and prayer.

Senator Turner of the 8th moved that the following resolution of the Senate be with drawn from the Senate Committee on Banking and Finance and committed to the Senate Committee on Urban and County Affairs (General):

SR 295. By Senators Turner of the 8th, Harris of the 27th, Tate of the 38th and others:
A resolution urging Congress to take action extending the date for issuing Mort gage Revenue Bonds.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SR 295 was with drawn from the Senate Committee on Banking and Finance and committed to the Senate Committee on Urban and County Affairs (General).

Senator Kidd of the 25th moved that the following bill of the House be withdrawn from the Senate Committee on Governmental Operations and committed to the Senate Commit tee on Consumer Affairs:

HB 1304. By Representatives Jackson of the 9th, Barnett of the 10th, Bostick of the 138th 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 change the defini tion of a "used car dealer;" to change the composition of the State Board of Registration of Used Car Dealers.

On the motion, the yeas were 31, nays 1; the motion prevailed, and HB 1304 was with drawn from the Senate Committee on Governmental Operations and committed to the Sen ate Committee on Consumer Affairs.

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

SR 338. By Senator Allgood of the 22nd:
A resolution commending the Georgia State University College of Law moot court team.

TUESDAY, FEBRUARY 2, 1988

335

SR 339. By Senator Foster of the 50th: A resolution recognizing and commending Mary Emily Deal.
SR 340. By Senators Bowen of the 13th, Timmons of the llth, Turner of the 8th and others: A resolution commending R. M. (Bob) Bullington.
SR 341. By Senators Kennedy of the 4th, Gillis of the 20th and Barnes of the 33rd: A resolution commending Dr. Raleigh Kirby Godsey.
HR 666. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others: A resolution commending the Morrow High School varsity football team and in viting Coach Bud Theodocion to appear before the House of Representatives.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Tuesday, February 2, 1988
FOURTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 565 Dawkins, 45th Rockdale County Changes provisions relating to terms of State Court; changes provisions relat ing to transaction of business; provides that prosecution for violations of or dinances may be upon citation as well as by accusation under certain circum stances.
SB 566 Dawkins, 45th Rockdale County Creates the Conyers-Rockdale County Charter Commission; provides for a short title; provides for definitions; provides for appointment of members of said commission; provides for organizational meetings and for election of a permanent chairman; provides for powers and duties of said commission.
HB 1236 Dean, 31st City of Dallas Paulding County Provides a new charter for city.
HB 1341 Kennedy, 4th Long County Recreates and establishes the Board of Commissioners of county.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English

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

Peevy Perry Phillips Bagan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Bowen Broun (excused) Engram

Howard Land

Langford Walker

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

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

SENATE CALENDAR
Tuesday, February 2, 1988
FOURTEENTH LEGISLATIVE DAY
SR 263 Area Planning and Development Commissions--University of Georgia conduct assessment (U&CA G--25th)
SR 300 Commission on Criminal Sanctions and Correctional Facilities--create (Corr--17th)
HB 1195 Certain State Officials--salary (Amendment) (Gov Op--25th) HB 1196 General Assembly Members--reimbursement for service on certain boards
(Amendment) (Gov Op--25th)
HB 1223 Legislative Counsel--aid in Secretary of State publication (Judy--49th) HR 282 Amendment to United States Constitution on Congressmen's Compensa
tion--ratify (Gov Op--20th)
SB 393 Mountain Protection Act--create (Substitute) (Nat R--50th) SB 475 Department of Community Affairs--continue (Substitute) (U&CA G--31st) SB 479 Residential, Family Farm Mortgage--certain definitions (Substitutes) (U&CA
G--8th) SR 264 Joint Study Committee on Area Planning and Development Commis
sions--create (Substitute) (U&CA G--25th)

TUESDAY, FEBRUARY 2, 1988

337

HB 636 Public Works Contracts--contractors give bid bonds to state, counties, municipal corporations, etc. (Substitute) (U&CA G--33rd)
SB 352 Quality Basic Education--board of education prescribe course in sex education, grades 1-12 (Substitute) (Ed--36th)
SB 402 Absentee Ballot Application--change of address notification (Gov Op--25th)
SB 404 Elector--change of address not required to be made under oath (Gov Op--25th) SB 405 Voter Registration--marriage license acceptable identification (Gov Op--25th)
SB 407 Filing Absentee Ballot on Behalf of Elector--not required to be 18 (Gov Op--25th)
SB 408 Holding Nonjudicial Municipal Office--residency requirement (Gov Op--25th)
SB 414 Absentee Registration Cards--application for absentee ballots (Gov Op--25th)
SB 463 County Officers--cost-of-living adjustments (Gov Op--25th)
SB 485 Revenue and Taxation--appointment of chief deputy tax commissioners (Gov Op--26th)
SB 499 Composite Board of Medical Examiners--composition (Gov Op--25th) SB 508 Voter Registration--school principal may register employees (Gov Op--25th)
SB 553 State Government Officers--provision on proposed salaries (Gov Op--25th)
SR 270 Commissioner of Education--in place of School Superintendent (Ed--50th)
SR 323 Government Officers Salaries--proposed by Officers Composition Commission (Gov Op--25th)

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

SR 263. By Senator Kidd of the 25th:
A resolution directing the Institute of Community and Area Development at the University of Georgia to conduct a thorough assessment of strengths and weak nesses of area planning and development commissions throughout the state.

Senator Kidd of the 25th moved that SR 263 be committed to the Senate Committee on Governmental Operations.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SR 263 was commit ted to the Senate Committee on Governmental Operations.

SR 300. By Senators Crumbley of the 17th, Barnes of the 33rd, Garner of the 30th and Starr of the 44th:
A resolution creating the Commission on Criminal Sanctions and Correctional Facilities.

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 Bryant Burton Coverdell

Crumbley Dawkins Deal Dean Echols

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Edge English Engram Flncher Foster GGialrlinser
Harris Harrison Hine
Hudgins Huggins

Johnson Kennedy Kidd Langford McGill MNecwKbeinllzie
Olmstead Peevy Perry
Phillips Ragan of 10th

Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr cSt. umb, augh,
Tate Taylor Timmons
Turner Tysinger

Those not voting were Senators:

Broun (excused) Coleman

Howard Land

Shumake Walker

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

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

Senator Howard of the 42nd introduced Honorable Albert Gore, a United States Sena tor and a Democratic candidate for the office of President of the United States, who briefly addressed the Senate.

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

HB 1195. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change the compensa tion of the Lieutenant Governor; to restate the current salary now received by the Speaker of the House.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following amendment:
Amend HB 1195 by striking all of lines 6 through 35 of page 4 and inserting in lieu thereof the following:
"The Speaker of the House of Representatives shall not receive the salary authorized for members of the General Assembly but shall receive the allowances authorized for mem bers of the General Assembly. Upon the taking of office by the members of the General Assembly on the convening day of the regular session of the General Assembly in 1989, the salary of the Speaker of the House shall be increased by a cost-of-living adjustment equal to the percentage of the cost-of-living increase, if any, granted to employees of the executive, judicial, and legislative branches of government in the appropriations Act for the fiscal year beginning July 1, 1988, and ending June 30, 1989. Thereafter the Speaker of the House shall receive cost-of-living adjustments as provided for in subsection (b) of this Code section.'"
By striking all of lines 39 through 48 of page 4 and all of lines 1 through 10 of page 5 and inserting in lieu thereof the following:
" '(b) As a cost-of-living adjustment, the annual salary of each state official whose salary is established by Code Sections 45-7-3, 45-7-4, 45-7-20, and 45-7-21, including the Speaker of the House of Representatives but excluding other members of the General Assembly, the

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339

President Pro Tempore of the Senate, and the Speaker Pro Tempore of the House of Repre sentatives, may be increased by the General Assembly, in the general appropriations Act. Unless otherwise provided in the general appropriations Act, the salary of each such official shall automatically be increased by a percentage equal to the percentage of the cost-of-living increase, if any, granted to employees of the executive, judicial, and legislative branches of government in the general appropriations Act. However, any increase for such officials shall not include within-grade step increases for which classified employees of the state merit system are eligible. Any increase granted pursuant to this subsection shall become effective at the same time that funds are made available for the increase for such employees.'"
Senator Coverdell of the 40th offered the following amendment:
Amend the amendment to HB 1195 offered by the Senate Committee on Governmental Operations by adding on page 2, line 12 after the word "employees.' " the sentence,
"The Office of Planning and Budget shall calculate the average percentage increase."
On the adoption of the amendment offered by Senator Coverdell of the 40th, the yeas were 33, nays 0, and the amendment was adopted.
On the adoption of the amendment offered by the Senate Committee on Governmental Operations, the yeas were 35, nays 0, and the amendment was adopted as amended.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Burton Coleman Coverdell Crumbley
Dawkins Deal Dean
Echols Edge

English Engram Foster Garner Gillis Harris Hine Howard Hudgins Huggins Johnson Kennedy Kidd Langford McGill Newbill

Voting in the negative was Senator Perry.

Those not voting were Senators:

Olmstead Peevy Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake
Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Broun (excused) Bryant Fincher

Harrison Land

McKenzie Phillips

On the passage of the bill, the yeas were 48, nays 1.

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

HB 1196. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th:
A bill to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers and employees in gen eral, so as to provide that members of the General Assembly may be reimbursed from funds of the executive and judicial branches of state government for service upon advisory and investigative boards, committees, commissions, and other sim ilar entities of the executive and judicial branches.
Senate Sponsor: Senator Kidd of the 25th.

Senators Dean of the 31st, Kidd of the 25th, Garner of the 30th and others offered the following amendment:
Amend HB 1196 by striking on line 9 of page 1 the following:
"to provide an effective date;" '
and inserting in lieu thereof the following:
"to change the compensation of the President Pro Tempore of the Senate and the Speaker Pro Tempore of the House of Representatives; to provide effective dates;".
By striking Sections 2 and 3 and inserting new Sections 2, 3, and 4 to read as follows:
"Section 2. Said article is further amended by striking paragraphs (24) and (25) of subsection (a) of Code Section 45-7-4, relating to compensation of certain state officials, and inserting in place thereof new paragraphs (24) and (25) to read as follows:
'(24) President Pro Tempore of the Senate ............................ 4,800.00
The President Pro Tempore of the Senate shall also receive the salary and allowances authorized as a member of the General Assembly.
(25) Speaker Pro Tempore of the House of Representatives ............. 4,800.00
The Speaker Pro Tempore of the House of Representatives shall also receive the salary and allowances authorized as a member of the General Assembly.'
Section 3. Section 2 of this Act shall become effective on the convening date of the 1989 regular session of the General Assembly, and the remaining provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed."

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Bowen

Brannon Bryant Burton

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341

Coleman Crumbley Dawkins Deal
E gush Engram Foster Garner Gillis Harris

Hine Huggins Johnson
Kennedy Kidd Langford
McGill Newbi11 Olmstead Peevy Phillips Ragan of 10th

Ragan of 32nd Ray Scott of 2nd
Scott of 36th Shumake Starr
Tate Taylor Timmons Turner Tysinger Walker

Voting in the negative were Senators Perry and Stumbaugh.

Those not voting were Senators:

Broun (excused) Coverdell Fincher

Harrison Howard Hudgins

Land McKenzie

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

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

HB 1223. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th and others:
A bill to amend Code Section 28-4-3 of the Official Code of Georgia Annotated, relating to the Office of Legislative Counsel, so as to authorize the legislative counsel to provide compilation, editorial, and indexing services in connection with the publication of the Acts and resolutions of the General Assembly of Georgia by the Secretary of State.
Senate Sponsor: Senator Deal of the 49th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal

Dean Echols Edge English Engram Fincher Foster Garner Gillis Harris Hine Howard Johnson Kennedy

Kidd Langford McGill Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake

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Starr Stumbaugh Tate

Taylor Timmons

Turner Tysinger

Those not voting were Senators:

Broun (excused) Harrison Hudgins

Huggins Land

McKenzie Walker

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

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

HR 282. By Representative Phillips of the 120th:
A resolution to ratify a proposed amendment to the Constitution of the United States of America relative to compensation for the services of members of the United States Congress.
Senate Sponsor: Senator Gillis of the 20th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Edge English

Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Langford McGill Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Broun (excused) Echols Engram

Land McKenzie

Scott of 2nd Walker

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

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343

The resolution, having received the requisite constitutional majority, was adopted.
SB 393. By Senator Foster of the 50th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Mountain Protection Act"; to provide a system of regulation of and permitting for land-disturbing ac tivities in certain mountain areas of the state; to define terms; to state legislative findings and legislative intent.
The Senate Committee on Natural Resources offered the following substitute to SB 393:
A BILL
To be entitled an Act to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Mountain Protection Act"; to provide a system of regulation of and permitting for land-disturbing activities in certain mountain areas of the state; to define terms; to state legislative findings and legisla tive intent; to direct local governments to prepare and adopt land use plans and ordinances for governing land-disturbing activities; to provide for review and certification of such plans and ordinances by the Environmental Protection Division of the Department of Natural Resources; to provide for rules and regulations of the Board of Natural Resources in areas where certified plans and ordinances are not adopted; to provide for specific and general standards governing the permitting of land-disturbing activities; to provide for application for and issuance of permits and conditions thereon; to provide for civil enforcement through administrative and judicial proceedings; to provide for civil penalties; to provide for grants; to provide for mapping of protected areas; to provide for assistance by area planning and development commissions; to provide for exceptions; to provide for related matters; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by adding at the end thereof a new Chapter 13 to read as follows:
"CHAPTER 13
12-13-1. This chapter shall be known and may be cited as the 'Mountain Protection Act.'
12-13-2. As used in this chapter, the term:
(1) 'Applicant' means any person who requests the permit required by this chapter.
(2) 'Board' means the Board of Natural Resources.
(3) 'Commercial structure' means any structure other than single-family and multifamily residences.
(4) 'Commission' means any area planning and development commission created pursu ant to the authority contained in Article 2 of Chapter 8 of Title 50 for any county or group of counties within which a protected mountain lies.
(5) 'Department' means the Department of Natural Resources.
(6) 'Director' means the director of the Environmental Protection Division of the De partment of Natural Resources.
(7) 'Division' means the Environmental Protection Division of the Department of Natu ral Resources.
(8) 'Governing authority' means the governing authority of a political subdivision or a committee of such governing authority.

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(9) 'Issuing authority* means the governing authority of any county or municipality which has received certification pursuant to Code Section 12-13-8; provided, however, in cases where a county or municipality has not received such certification, 'issuing authority' shall mean the director.
(10) 'Land-disturbing activity' means any grading, scraping, excavating, or filling of land; clearing of vegetation; and any construction, rebuilding, or alteration of a structure.
(11) 'Multifamily residence' means a structure that contains multiple dwelling units.
(12) 'Percentage slope' means the difference in elevation between two points on the earth divided by the horizontal distance between those two points.
(13) 'Permit' means a building permit or other written authorization to engage in landdisturbing activity on a protected mountain. The permit shall include the application and all supporting documents, the approval of the issuing authority, and any conditions at tached to the approval.
(14) 'Person' means any individual, partnership, corporation, trust, entity, or authority and shall include the State of Georgia, its political subdivisions, and all of its departments, boards, bureaus, commissions, or other agencies.
(15) 'Plan' means any comprehensive land use plan prepared pursuant to Code Section 12-13-5.
(16) 'Political subdivision' means a county or municipality in which a protected moun tain lies.
(17) 'Protected mountain' means any land area 2,200 feet or more above mean sea level that has a percentage slope of 25 percent or greater and shall include the crests, summits, and ridge tops which lie at elevations higher than any such area.
(18) 'Single-family residence' means a structure that is designed for the use of one family.
12-13-3. (a) The General Assembly finds that unregulated land-disturbing activity on the higher elevations of Georgia's mountains threatens the public health, safety, welfare, and economic progress of this state by:
(1) Endangering the quality and supply of surface water in the north Georgia region. The mountains constitute a vital watershed for replenishing the rivers and lakes which pro vide surface water to nearly one-half of all Georgians. Since this region receives up to 80 inches of precipitation annually and has very steep slopes and shallow soil, improper grad ing, clearing, private road construction, and other land-disturbing activity at such higher elevations may cause soil erosion, the movement of sediments into rivers and lakes, land slumping, and other problems destructive to land and water resources. Such damage to the watershed adversely affects the economy and environment of the north Georgia region;
(2) Infringing on the ground-water rights of residents living at lower elevations due to difficulty in providing proper sewage disposal at such higher elevations;
(3) Imperiling the lives and properties of residents throughout the north Georgia region due to difficulty in providing fire protection at such higher elevations. Many structures con tain fireplaces and wood stoves which may cause fires in the structures and in the surround ing forest, especially in times of drought. High winds and the lack of sufficient water supply and pressure at such higher elevations can impede fire-fighting efforts at such higher elevations;
(4) Damaging habitat for some species of wildlife; and
(5) Detracting from the mountains' scenic and natural beauty which is vital to the travel and tourism industry of the north Georgia region.
(b) The General Assembly further finds that land-disturbing activity on the higher ele vations of Georgia's mountains has a cumulative impact on the natural resources and envi-

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ronment of the north Georgia region. The General Assembly finds that this impact must be assessed and considered in a comprehensive land use plan in order to provide adequate protection to the water supply, soil, forests, wildlife habitat, and scenic and natural beauty of the north Georgia region.
(c) The General Assembly further finds that land-disturbing activity on the higher ele vations of Georgia's mountains affects all of the north Georgia region and the public interest of all Georgians. The General Assembly therefore concludes that the protected mountains as set forth in this chapter constitute vital areas within the meaning of Article III, Section VI, Paragraph II of the Constitution of the State of Georgia of 1983 and must be protected and preserved in order to prevent their use in a manner detrimental to the public interest. The General Assembly further concludes that it is in the public interest to regulate land-dis turbing activity at such higher elevations.
(d) The General Assembly intends to regulate in a manner consistent with the public interest land-disturbing activity on protected mountains. The General Assembly intends to establish minimum standards that a person must meet before engaging in land-disturbing activity on protected mountains and intends to require political subdivisions in which pro tected mountains lie to implement and enforce this chapter. The General Assembly intends to authorize the state to enforce this chapter if the appropriate political subdivisions fail or refuse to do so or if the public interest requires it.
12-13-4. On or after January 1, 1989, no person shall engage in any land-disturbing activity on a protected mountain without first obtaining a permit issued in accordance with the requirements of this chapter.
12-13-5. (a) On or before October 31, 1988, the governing authority of each county and municipality in which a protected mountain lies shall prepare and adopt a land use plan and ordinances for governing land-disturbing activity on protected mountains and for issuing the permits required by this chapter. Before such plans and ordinances shall be considered to be in effect, the governing authorities shall submit such plans and ordinances to the director for certification as provided in Code Section 12-13-8. Such plans and ordinances shall consider the cumulative effects and regional impact of land-disturbing activity on pro tected mountains and shall be designed to protect the public interest and to preserve the natural resources and environment of protected mountains. Such plans and ordinances shall be prepared with the assistance of the commission and shall at least provide for:
(1) Watershed protection, including but not limited to compliance with applicable fed eral, state, and local laws on soil erosion and sedimentation control;
(2) Sewage disposal that prevents ground-water contamination and otherwise protects the public health and safety;
(3) A water supply system sufficient for fire protection, drinking water, and other water needs;
(4) Attention to protecting and preserving wildlife habitat; and
(5) Reasonable preservation of the mountains' scenic and natural beauty.
(b) Nothing in this Code section shall prohibit the governing authorities from establish ing standards more restrictive than those required by this chapter or from applying those standards to land-disturbing activity in land areas outside the jurisdiction of this chapter. Such restrictive standards may be imposed by home rule referendum called by petition of the people as provided by law or by ordinance of the governing authority.
(c) The governing authorities shall have the authority to delegate in whole or in part their responsibilities as required by this chapter to any constitutional or statutory local planning and zoning commission.
(d) The governing authorities are authorized to assess applicants for the costs of imple menting and enforcing the requirements of this chapter.
(e) Land-disturbing activity in counties and municipalities without certified ordinances

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as provided in Code Section 12-13-8 shall be governed in accordance with Code Section 1213-7.
12-13-6. (a) The commission shall assist the governing authority in preparing a land use plan and appropriate ordinances to govern land-disturbing activity on protected mountains. Such plans and ordinances shall be consistent with the requirements of this chapter.
(b) In order to satisfy the requirements of this chapter, the commission is authorized to:
(1) Undertake studies necessary for preparing or revising the plan;
(2) Utilize the resources of the Institute of Community and Area Development at the University of Georgia in preparing and adopting the plan and ordinances;
(3) Provide technical assistance to any county or municipality in preparing and adopt ing the ordinances required by this chapter;
(4) Periodically review the actions of counties and municipalities which have been certi fied as issuing authorities pursuant to Code Section 12-13-8. The commission may request investigation by the division of any local program or land-disturbing activity that it believes violates this chapter; and
(5) Obtain from the division grants from funds appropriated specifically for aiding in the preparation of the plan and ordinances.
12-13-7. (a) The board by rules and regulations shall adopt the procedures governing land-disturbing activity in those counties and municipalities in which a protected mountain lies but which do not have in effect a plan and ordinances certified under Code Section 1213-8. Such rules and regulations shall be developed by the division and shall be consistent with the requirements of this chapter.
(b) The division is authorized to assess applicants for the costs of implementing and enforcing the requirements of this chapter in those counties and municipalities which do not have in effect a plan and ordinances certified under Code Section 12-13-8.
12-13-8. (a) The governing authorities shall submit all such plans and ordinances as required by Code Section 12-13-5 to the director for certification. If the director determines that a county or municipality has enacted plans and ordinances which meet or exceed the requirements of this chapter and which are enforceable by such county or municipality, the director shall certify such county or municipality as an issuing authority of the permit re quired by this chapter. The director shall refuse to certify such plans and ordinances only if they fail to provide for the following minimum standards:
(1) The proposed land-disturbing activity must meet all applicable requirements of Chapter 7 of this title, the 'Erosion and Sedimentation Act of 1975' and of any applicable local ordinances on soil erosion and sedimentation control;
(2) Where one or more septic tanks are to be used for individual sewage disposal, the proposed land-disturbing activity must meet all applicable requirements of the rules and regulations of the Department of Human Resources regarding septic tanks and any more stringent requirements imposed by the governing authority;
(3) Where one or more wells are to be used for individual water supply, the proposed land-disturbing activity must meet all applicable requirements of Part 3 of Article 3 of Chapter 5 of this title, the 'Water Well Standards Act of 1985,' the requirements of the rules and regulations of the Department of Human Resources regarding individual or nonpublic wells, and any more stringent requirements imposed by the governing authority;
(4) If sewage treatment is to be provided by any means other than one or more individ ual septic tanks, the sewage treatment must meet all applicable requirements of Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act';
(5) If a public water supply system is to be provided, the water supply system must meet all applicable requirements of Part 5 of Article 3 of Chapter 5 of this title, the 'Georgia Safe Drinking Water Act of 1977';

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(6) No single-family residences may be constructed at a density of more than one per acre, except that this density restriction shall not apply to:
(A) Any lot of less than one acre if:
(i) Such lot was as of July 1, 1988, owned and described as a discrete parcel of real property according to the instrument of title of the person or persons owning the lot on July 1, 1988; or such lot was as of July 1, 1988, shown as a discrete parcel of real property on a plat of survey properly recorded in the real property records of the clerk of superior court by the person or persons owning the lot on July 1, 1988; and
(ii) The person or persons owning such lot on July 1, 1988, did not as of July 1, 1988, have any present ownership interest or present beneficial interest in any other tract or par cel of land adjacent to such lot, which adjacent land taken together with such lot has a total area of more than one acre; or
(B) Any land or part of land which was contained in or subject to any master plan, planned unit development, special approved development plan, or any other development plan if such plan was filed with and approved by the local governing authority prior to January 1, 1988, pursuant to a duly enacted planning and zoning ordinance; provided, fur ther, that any such planning and zoning ordinance must have provided for rules and proce dures and governed lot sizes, density, types of buildings, and other limitations usually asso ciated with the implementation of local zoning ordinances;
(7) No multifamily residences may be constructed at a density of more than four dwell ing units per acre;
(8) Applications for a permit to construct a commercial structure shall, in addition to meeting all other requirements of this chapter, contain a detailed landscaping plan prepared and approved by a licensed landscape architect as defined in Chapter 23 of Title 43, relating to landscape architects. Such landscaping plan shall identify all trees which are to be re moved that exceed three inches in diameter as measured at a point on such tree six feet above the surface of the ground and shall contain a plan for replacement of any such trees that are removed. Such application shall also include a topographical survey of the project site and an assessment of the impact that the project will have on the environment of the protected mountain after it has been completed and is in operation. Nothing in this para graph shall be construed to require commercial structures to comply with the density provi sions of paragraphs (6) and (7) of this subsection;
(9) No structure may extend more than 40 feet, as measured from the highest point at which the foundation of such structure intersects the ground, above the uppermost point of the crest, summit, or ridge top of the protected mountain on which such structure is con structed; provided, however, that this height restriction shall not apply to water, radio, or television towers or any equipment for the transmission of electricity or to minor vertical projections of a parent building, including chimneys, flagpoles, flues, spires, steeples, bel fries, cupolas, antennas, poles, wires, or windmills;
(10) No person engaging in land-disturbing activity shall remove more than 40 percent of the existing trees which exceed three inches in diameter as measured at a point on such tree six feet above the surface of the ground unless such person has filed with the applica tion a plan of reforestation approved by a registered forester as defined in Part 2 of Article 1 of Chapter 6 of this title, relating to practice of professional forestry; and
(11) The county or municipality or its delegated planning and zoning commission has authority to:
(A) Issue cease and desist orders for any land-disturbing activity which is not being conducted in compliance with the requirements of this chapter or the permit and any condi tions attached to it;
(B) Require any person responsible for a land-disturbing activity to correct or restore to its original state the disturbed land if such land-disturbing activity violates the require ments of this chapter or local ordinances; and

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(C) Seek from the superior court of the county in which the land-disturbing activity occurs an injunction against conducting such land-disturbing activity in violation of the re quirements of this chapter or local ordinances or to seek civil penalties consistent with those authorized in Code Section 12-13-11.
(b) The division may periodically review the actions of counties and municipalities which have been certified as issuing authorities pursuant to subsection (a) of this Code sec tion. Such review may include, but shall not be limited to, an assessment of the administra tion and enforcement of a governing authority's ordinances. If such review indicates that the governing authority of any county or municipality certified pursuant to subsection (a) of this Code section has not administered or enforced its ordinances, the division shall notify in writing the governing authority of the county or municipality. The governing authority of any county or municipality so notified shall have 30 days within which to take the necessary corrective action to retain certification as an issuing authority. If the county or municipality fails to take the necessary corrective action within 30 days after notification by the division, the division may revoke the certification of the county or municipality as an issuing author ity; provided, however, that if the county or municipality has not taken all such necessary corrective action within 30 days after notification but has in the judgment of the director demonstrated reasonable progress, the director shall grant an extension of not less than 30 days and not more than 60 days within which time the governing authority may take the necessary corrective action.
12-13-9. (a) Applications for the permit required by this chapter shall be made to and the permit shall be issued by the governing authority of the county or municipality in which the land-disturbing activity is to occur; provided, however, if the county or municipality in which the land-disturbing activity is to occur is not certified pursuant to subsection (a) of Code Section 12-13-8, the application for such permit shall be made to and the permit shall be issued by the division.
(b) Each application shall be accompanied by such detailed information on the pro posed land-disturbing activity as the issuing authority shall reasonably request and by docu mentation that demonstrates the proposed land-disturbing activity will be carried out in a manner consistent with the requirements of this chapter. No permit shall be issued to any applicant unless the issuing authority determines that the proposed land-disturbing activity satisfies the requirements of this chapter, the plan, and any ordinances adopted pursuant thereto.
(c) The issuing authority shall issue or deny an application for a permit within 45 days of receipt of a completed application. The issuing authority shall state its reasons for deny ing any application for a permit and shall specify where the application is deficient.
(d) The applicant shall conduct all land-disturbing activity strictly in accordance with the approved permit and any conditions attached to it. Any substantial change or modifica tion of a land-disturbing activity for which a permit has been issued shall require a new permit which must be issued in accordance with the requirements of this chapter.
(e) The issuing authority may suspend, revoke, or modify the permit upon a finding that the holder has violated the terms and conditions therein or is not in compliance with the requirements of this chapter or of any rule, regulation, plan, or ordinance adopted pur suant to this chapter.
12-13-10. (a) In those counties and municipalities which are not certified pursuant to subsection (a) of Code Section 12-13-8, the director may:
(1) Issue an order directed to any violator or violators of any provision of this chapter, any rule or regulation adopted pursuant thereto, or any order of the director. The order shall specify the provisions of this chapter or the rules or regulations or order alleged to have been violated and may require that within a reasonable time action be taken to correct the violation. Any order issued by the director under this Code section shall be signed by the director. Any such order shall become final unless the person or persons named therein request, in writing, a hearing pursuant to Code Section 12-13-13; and

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(2) Make application to the superior court for an order enjoining any person from en gaging in any land-disturbing activity which constitutes or would constitute a violation of this chapter, the rules and regulations adopted pursuant thereto, the plan, or the order or any permit conditions. The director may also make application for an order requiring com pliance with this chapter, the rules and regulations adopted pursuant thereto, the plan, or the order or any permit conditions. The director shall apply to the superior court of the county where such person resides or, if such person is not a resident of this state, to the superior court of the county in which the violation has been or is about to be engaged in. Upon a showing by the director that such person has engaged in or is about to engage in any such violation, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing the lack of an adequate remedy at law.
(b) Notwithstanding any other provision of this chapter to the contrary, upon receipt of evidence that a land-disturbing activity occurring in a county or municipality which is not certified pursuant to subsection (a) of Code Section 12-13-8 is presenting an imminent and substantial danger to the environment or to the public health or safety, the director may bring an action as provided in paragraph (2) of subsection (a) of this Code section to re strain immediately any person causing or contributing to the danger caused by such landdisturbing activity or to take such other action as may be necessary.
(c) If it is not practicable to assure prompt protection of the environment or public health or safety solely by commencing such civil action as outlined in subsection (b) of this Code section, the director may issue such emergency orders as may be necessary to protect the environment or the public health or safety of those persons who are or may be affected by such land-disturbing activity. Notwithstanding any other provision of this chapter, such order shall be immediately effective for a period of not more than 48 hours, unless the direc tor brings an action under subsection (b) of this Code section before the expiration of such 48 hour period. Whenever the director brings such an action within such 48 hour period, such order shall be effective for such period of time as may be authorized by the court pending litigation or thereafter.
12-13-11. Any person who violates any provision of this chapter, the rules and regula tions adopted pursuant thereto, or any permit condition or limitation established pursuant to this chapter or who fails or refuses to comply with any final or emergency order of the director issued as provided in this chapter shall be liable for a civil penalty not to exceed $1,000.00 per acre. Each day during which the violation or failure or refusal to comply con tinues shall be a separate violation.
12-13-12. (a) In those counties and municipalities which are not certified pursuant to subsection (a) of Code Section 12-13-8, whenever the director has reason to believe that any person has violated any provision of this chapter, any rule or regulation adopted pursuant thereto, or any permit condition or has failed or refused to comply with any final order or emergency order of the director, he may, upon written request, cause a hearing to be con ducted before a hearing officer appointed by the board. Upon finding that such person has violated any provision of this chapter, any rule or regulation adopted pursuant thereto, or any permit condition or has failed or refused to comply with any final order or emergency order of the director, the hearing officer shall issue his decision imposing civil penalties as provided in this chapter. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with Code Section 12-13-13.
(b) In rendering a decision under this Code section imposing civil penalties, the hearing officer shall consider all factors which are relevant, including, but not limited to, the following:
(1) The amount of civil penalty necessary to ensure immediate and continued compli ance and the extent to which the violator may have profited by failing to comply or delaying compliance;
(2) The character and degree of impact of the violation or failure on the natural re sources and environment of the mountains;

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(3) The conduct of the person incurring the civil penalty in promptly taking all feasible steps and procedures necessary or appropriate to comply or to correct the violation or failure;
(4) Any prior violations or failures to comply by such person with statutes, rules, regu lations, orders, or permits administered, adopted, or issued by the director;
(5) The character and degree of injury to or interference with public health or safety which is caused or threatened to be caused by such violation or failure; and
(6) The character and degree of injury to or interference with reasonable use of prop erty which is caused by or threatened to be caused by such violation or failure.
12-13-13. All hearings on and review of contested matters, orders, or permits issued by or filed against the director and all hearings on and review of any other enforcement actions or orders initiated by the director under this chapter shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2. The hearing and review procedure provided in this Code section is to the exclusion of all other means of hearings or review.
12-13-14. (a) The division is authorized to award grants to the affected commissions and governing authorities to develop plans and ordinances to satisfy the requirements of this chapter.
(b) The director shall identify the protected mountains in each county by showing them on a map or drawing or describing them in a document, or any combination thereof. By January 1, 1989, the maps, drawings, or other documents identifying the protected moun tains shall be filed with each affected commission and with each governing authority that requests copies. By January 1, 1989, copies of the maps, drawings, or other documents iden tifying the protected mountains shall be on file in the director's office and shall be open for inspection.
12-13-15. This chapter shall not apply to:
(1) Such minor land-disturbing activities as ordinary maintenance and landscaping op erations, individual home gardens, yard and grounds upkeep, repairs, and additions or mi nor modifications to a single-family residence:
(2) Lands established in the cultivation and harvesting of products of the field and orchard; provided, however, that any person engaging in such land-disturbing activity shall adhere to a soil erosion and sedimentation control plan prepared by the supervisor of the soil and water conservation district as defined in Article 2 of Chapter 6 of Title 2, relating to soil and water conservation districts, in which the protected mountain lies. Such plan shall be approved by the division prior to the commencing of such land-disturbing activity;
(3) The harvesting of timber; provided, however, that any person engaging in such har vesting shall adhere to a forest management plan prepared and approved by a registered forester as defined in Part 2 of Article 1 of Chapter 6 of this title, relating to practice of professional forestry, or by the supervisor of the soil and water conservation district as de fined in Article 2 of Chapter 6 of Title 2, relating to soil and water conservation districts, in which the protected mountain lies. Such plan shall be filed with the issuing authority at least ten days prior to commencing such harvesting; and
(4) Any land-disturbing activity conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, provided that any such land-disturbing activity shall conform as far as may be feasible and practicable to the requirements of this chapter."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

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

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

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Land

McKenzie Taylor

Timmons

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

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

SB 475. By Senators Dean of the 31st, Kennedy of the 4th, Turner of the 8th 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, so as to revise the general provisions relative to the Department of Community Affairs; to provide for the continuation of the department; to provide definition of terms; to specify pur poses of the department; to provide for the Board of Community Affairs.

The Senate Committee on Urban and County Affairs offered the following substitute to SB 475:

A BILL
To be entitled an Act to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to revise the general provisions relative to the Department of Community Affairs; to provide for the continuation of the department; to provide definitions of terms; to specify purposes of the department; to provide for the Board of Community Affairs; to provide for the commissioner of the depart ment; to provide for the structure of the department; to provide duties and powers of the department, including planning and technical assistance, information gathering and distrib uting, serving as a liaison, making funds available to local governments and other eligible recipients, making contracts, and coordinating with other governmental agencies; to provide for advisory councils; to provide for agencies and authorities assigned to the department for administrative purposes; to provide for the transfer of personnel and contracts from the

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building administrative board; to provide for the Bureau of Community Affairs employees and for the continuation of certain contracts; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by striking in its entirety Article 1 which reads as follows:
"ARTICLE 1
50-8-1. There is established the Department of Community Affairs in response to the need of the state to fulfill more effectively its responsibilities to local governments and com munities. The department shall serve to promote and protect the institution of general pur pose local government in the state and shall serve as the Governor's representative to local communities on a routine basis on the request of, or on direction from, the Governor in matters affecting social, economic, human, or intergovernmental relations and, in this capac ity, shall provide mediation, consultation, and fact-finding services.
50-8-2. (a) The Governor, through the Department of Community Affairs, shall seek to harmonize the planning activities of local units of government, area planning and develop ment commissions, joint units of government, and state agencies so that the planning poli cies and objectives of all levels of government are consistent and so that conflicts of activity for the development of the state are minimized.
(b) It shall be the responsibility of the Governor, through the Department of Commu nity Affairs, to encourage coordinated planning activities among districts established pursu ant to any federal legislation that exists or may be established and to provide information and advice on these programs to existing districts and local units of government and other public bodies.
(c)(l) Effective February 15, 1984, there is created an Advisory Committee on Area Planning and Development. The committee shall advise the commissioner of community affairs and the Board of Community Affairs in matters relating to the financial and opera tional conditions, programs, services, intergovernmental relationships, and collective plan ning studies of area or multicounty planning and development commissions.
(2) The Governor shall appoint the members of the committee who shall serve for terms of office of two years and until their successors are appointed and qualified. The committee shall consist of one member of each area or multicounty planning and development commis sion in the state. If any member of the committee shall cease to be a member of an area or multicounty planning and development commission, he shall no longer be a member of the committee, and the Governor shall appoint a successor who shall serve for the remainder of the term and until his successor is appointed and qualified.
(3) Membership on the committee shall not preclude the member from holding other public office. Each member of the committee shall receive the same per diem allowance as is authorized for members of the General Assembly for each day a committee member is in attendance at a meeting of the committee and shall receive reimbursement for actual trans portation costs incurred while traveling by public carrier or the allowance authorized for state officials and employees for the use of a personal motor vehicle in connection with such attendance. The per diem and travel allowance or reimbursement authorized by this para graph shall be paid from funds appropriated or available to the area or multicounty plan ning and development commission which the member represents.
(4) The committee shall meet at least four but not more than six times per year; how ever, the commissioner of community affairs or the chairman of the committee may call additional special meetings.
(d) The Department of Community Affairs may, upon the request of the governing body of any political subdivision or planning commission, provide planning assistance to such political subdivision, planning commission, or groups of subdivisions or planning com-

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missions. The Department of Community Affairs is also empowered to contract with any such political subdivision, planning commission, or groups of subdivisions or planning com missions for such services rendered, and the receipts of any moneys shall be paid into the state treasury. The Department of Community Affairs is also empowered to contract with any other public or private agency or association and with consultants for the purpose of receiving technical aid or assistance.
(e) The Department of Community Affairs shall be empowered to assist in the conduct of long-range community development planning and research relevant to local governments, to identify their needs, and to provide the fullest possible technical assistance to the local governments in this state.
(f) The Department of Community Affairs may make application on behalf of local governments for receipt of state appropriated funds from the Governor's emergency fund as provided by Code Section 45-12-77. If such an application is approved, the department may be authorized, at the discretion of the Governor, to disburse such emergency funds to the local government.
50-8-3. The Department of Community Affairs shall be responsible directly or in coop eration with other agencies for planning with other agencies in the following activities:
(1) To identify potential human, social, and economic problems and opportunities in the various urban, suburban, and rural communities of the state and to assist communities in preparing for such opportunities and avoiding the consequences of such problems;
(2) To define, identify, and establish criteria for communities to participate with and avail themselves of the services of the department;
(3) To coordinate state-wide community affairs programs and responsibilities and to prepare a means for implementing needed and desirable community affairs programs;
(4) To provide, coordinate, or secure for local governments services relating to local financing, public facilities, law enforcement, personnel recruiting, public administration, and related activities;
(5) To supplement other agencies in providing information for communities and areas, which information would help avoid or minimize the problems associated with the changes brought about by altering economic, housing, and social conditions and by public works projects;
(6) To study consequences of government decisions which have an impact on local com munities and to advise local communities affected thereby as to methods of adjustment and to circumstances resulting therefrom, such as changing housing patterns, social and eco nomic conditions, and public works projects;
(7) To maintain liaison with and draw upon specialized private agencies and business, labor, and professional association resources in order to have available additional informa tion and expertise in specific areas of concern;
(8) To coordinate activities with the Department of Housing and Urban Development, or its counterpart by whatever name called, at all governmental levels;
(9) To provide technical assistance directly or through cooperative agreements with other state agencies, units of local government, and local public agencies, or others when appropriate; and
(10) To review, on a continuous basis, the programs and policies of area agencies to determine their consistency with long-range policies and programs of the state biennial de velopment program.
50-8-4. (a) There is created the Board of Community Affairs, which shall establish pol icy and direction concerning community affairs for the Department of Community Affairs for the development of the state's physical, economic, and human resources and to perform such other functions as may be provided by law.

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(b) (1) On and after July 1, 1984, the Board of Community Affairs shall consist of one member from each congressional district in the state and five additional members from the state at large. All members shall be appointed by the Governor. The initial terms of mem bers shall be as follows: two members representative of congressional districts and one atlarge member shall be appointed for a term ending July 1, 1985; two members representa tive of congressional districts and one at-large member shall be appointed for a term ending July 1, 1986; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1987; two members representative of congres sional districts and one at-large member shall be appointed for a term ending July 1, 1988; and two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1989. Thereafter, all members appointed to the board by the Governor shall be appointed for terms of five years and until their successors are appointed and qualified.
(2) The board shall at all times consist of five members who are elected officials of municipalities, five members who are elected officials of counties, and five members from the populace at large. In appointing members who are elected officials of municipalities, the Governor may consult with and seek recommendations from the Georgia Municipal Associa tion. In appointing members who are elected officials of counties, the Governor may consult with and seek recommendations from the Association County Commissioners of Georgia.
(c) The first members appointed under subsection (b) of this Code section shall be ap pointed for terms which begin July 1, 1984. The members of the Board of Community Af fairs serving on April 1, 1984, shall remain in office until July 1, 1984, and until their succes sors are appointed and qualified.
(d) The board at its initial meeting, which meeting shall be called by the Governor promptly after the appointment of its members, shall elect a chairman, vice-chairman, and secretary from among its members. These officers shall serve until the following April, at which time officers shall again be elected; and thereafter officers shall be elected at each April meeting. Five members shall constitute a quorum. Meetings may be called by the chairman or any five board members upon adequate notice.
(e) Board membership does not constitute public office to the extent that a member of the board is precluded from holding other public office. Each member of the board shall receive the same per diem expense allowance as that received by members of the General Assembly for each day a board member is in attendance at a meeting of the board, plus reimbursement for actual transportation incurred while traveling by public carrier or the mileage allowance authorized for certain state officials and employees for the use of a per sonal automobile in connection with such attendance. The above shall be paid in lieu of any other per diem, allowance, or remuneration.
(f) Board members may be reappointed by the Governor to additional terms, provided that the reappointment does not alter the composition of the board as provided for in sub section (b) of this Code section. Should the Governor decide not to reappoint any board member upon the expiration of such member's term, the following procedure shall apply:
(1) If a member was appointed from a congressional district, the Governor shall appoint from the congressional district; or
(2) If the member was appointed from the state at large, the Governor shall appoint from the state at large.
(g) When a vacancy occurs on the board, the Governor shall appoint a person to fill the vacancy within 60 days. The procedure for filling a vacancy shall be the same as prescribed in subsection (f) of this Code section. The following shall constitute a vacancy on the board:
(1) Inability to serve due to death, medical infirmity, or resignation; or
(2) Any change in local elective office-holding status that would cause the composition of the board to violate subsection (b) of this Code section.
50-8-5. There is created the office of commissioner of community affairs, who shall be

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executive officer and administrative head of the department. The commissioner shall be ap pointed by and serve at the pleasure of the board. The commissioner shall assist the board in the performance of its duties, powers, authority, and jurisdiction, as the board shall provide.
50-8-6. The Board of Community Affairs shall study state housing needs and resources and present to the Governor recommended courses of action by state government.
50-8-7. The Department of Community Affairs may apply for, receive, administer, and utilize any grants or other financial assistance under any federal, private, or public financial sources that may be made available for achieving the purposes of the department.
50-8-8. (a) It shall be the function and duty of the Department of Community Affairs to make comprehensive surveys and studies of the existing physical, social, and economic con ditions of the state. Such surveys and studies shall be made for the purpose of identifying problems with the coordinated and harmonious development of the state.
(b) The Department of Community Affairs shall seek to harmonize its planning activi ties with those of departments, agencies, and instrumentalities of the state, area planning and development commissions, and local governments to assist these agencies in planning matters for the purpose of securing the quality development of the state. Nothing contained in this Code section shall reduce the planning powers conferred upon area planning and development commissions, departments, agencies, or instrumentalities of the state or local governments by law.
(c) In particular, the Department of Community Affairs shall have the power and duty to perform the following:
(1) To increase the awareness of and response to developmental policies and problems, the department shall, every two years, prepare a growth and development profile of the state, using, where available, existing studies, information, and work developed by other state agencies. Such profile and accompanying maps and descriptive matter shall include a general description of existing and probable future patterns of growth and development, a general inventory of natural resources, an analysis of housing, population, and economic conditions, and a summary of policies regarding growth and development. Significant problems related to these categories shall be described in the profile. The profile shall be submitted biennially to the Governor and the General Assembly to assist them in develop ing policies for guiding the coordinated and harmonious development of the state;
(2) Assist the Governor or the General Assembly or any of its committees or any state department or state agency or instrumentality with studies, investigations, reports, and ad vice in matters concerning the resources and the well-coordinated development of the state;
(3) Cooperate with and render planning assistance to the federal government and its agencies within the state, and to counties, municipalities, or other local governments within the state, with a view to harmonizing their planning activities with plans for the develop ment of the state. The department shall, upon the request of any appropriate federal, mu nicipal, or county board or official, transmit available information which will facilitate the above aim;
(4) The department may, upon the request of the governing body of any county or municipality or other political subdivision, provide planning assistance, including surveys, land-use studies, urban renewal plans, technical services, and other planning work, to such county, municipality, or other political subdivision, and the department may agree with such governing body as to the amount of money, if any, to be paid to the department for such service;
(5) To collect information and data and to conduct research on local governments for use by the General Assembly, state agencies, local governments, and their associations and to establish a comprehensive base of local government information which shall draw upon existing information and data within state agencies and utilize information and data col lected directly from local governments; and

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(6) To establish no later than December 31, 1987, a strategic state-wide rural economic development plan in cooperation with area planning and development commissions, the University System, other state agencies and departments, and political subdivisions of the state. The plan shall include, without being limited to, identifying industries for which the rural areas of the state have a comparative advantage, exploring sources for venture capital for the rural areas of the state, and providing state financial assistance to support local initiatives for rural economic development. The plan shall be updated at the same time the growth and development profile of the state is submitted to the Governor and the General Assembly under paragraph (1) of this subsection.
(d) The powers granted by this Code section and Code Section 50-8-9 to the Depart ment of Community Affairs are advisory only and shall not be construed to infringe upon any power of the legislative, executive, or judicial branch of the state government.
50-8-9. The Department of Community Affairs shall have the power to promote public interest in and understanding of the problems of state development and of plans for their solution. To this end, the department may make, publish, and distribute maps, plans, infor mation, studies, reports, and recommendations relating to the development of the state to public officials and agencies, semipublic and private agencies and corporations, civic, educa tional, professional, and other organizations and citizens. It may confer and cooperate with the executive, legislative, or planning authorities of neighboring states and their municipali ties and counties for the purpose of bringing about a coordination between the development of such neighboring states and their municipalities and counties and the development of this state.
50-8-10. The Department of Community Affairs shall make available such funds as may be appropriated by the General Assembly for use by area or multicounty planning and de velopment commissions.
50-8-11. (a) State employees transferred from the State Building Administrative Board on March 31, 1980, shall continue to retain all rights, entitlements, and privileges as state employees and participate in the various state personnel programs as they were previously entitled or otherwise authorized.
(b) Any legal contracts entered into by the State Building Administrative Board which were in effect on March 31, 1980, are transferred and shall continue in effect under the Department of Community Affairs until their normally prescribed termination or expiration.
50-8-12. (a) State employees transferred from the Bureau of Community Affairs to the Department of Community Affairs on July 1, 1977, shall retain all rights, entitlements, and privileges as state employees and participate in the various state personnel programs as they were previously entitled or authorized.
(b) Any legal contracts entered into by the bureau which were in effect on July 1, 1977, are transferred and shall continue in effect under the Department of Community Affairs until their normally prescribed termination or expiration.",
and inserting in lieu thereof a new Article 1 to read as follows:
"ARTICLE 1
50-8-1. The Department of Community Affairs is created as a department of the execu tive branch of state government. The Department of Community Affairs, as it existed imme diately prior to February 15, 1988, shall continue to exist as a department of the executive branch of state government in accordance with this article. From and after February 15, 1988, the Department of Community Affairs shall have the duties, responsibilities, func tions, power, and authority set forth in this article and otherwise provided by law.
50-8-2. (a) As used in this article, the term:
(1) 'Area planning commission' means any area planning and development commission

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or any metropolitan area planning and development commission created in accordance with this chapter.
(2) 'Board' means the Board of Community Affairs.
(3) 'Commissioner' means the commissioner of community affairs.
(4) 'Constitution' means the Constitution of the State of Georgia.
(5) 'Contract' means any contract, agreement, or other legally binding arrangement.
(6) 'County' means any county of this state.
(7) 'Department' means the Department of Community Affairs.
(8) 'Eligible recipient' means any local government, school district, or other government entity which may be eligible to receive funds from the department pursuant to terms for eligibility established by the department or those established by the government or other source which makes the funds available to the department.
(9) 'Government' means any governmental unit on the federal, state, or local level and any department, agency, or authority of any such governmental unit and shall include all local governments, school districts, state agencies, and state authorities.
(10) 'Local government' means any county, municipality, or other political subdivision of the state; any area planning commission; any public agency or public authority, except any state agency or state authority, created under the Constitution or by Act of the General Assembly; and shall include public agencies and public authorities which are created or acti vated pursuant to the Constitution or Act of the General Assembly or by action of the governing body of any county, municipality, or other political subdivision of the state, sepa rately or in any combination, and shall include any group of counties or municipalities which forms a group to carry out jointly any of their lawful purposes but shall not include school districts.
(11) 'Local government affairs' means all matters involving or affecting local govern ments in which the state is or may become empowered or authorized to perform any duties, responsibilities, or functions or to exercise any power or authority.
(12) 'Local government services' means the activities performed or authorized to be per formed by the department including, but not limited to, its performance of duties, responsi bilities, and functions in local government affairs and its exercise of power and authority in local government affairs.
(13) 'Municipality' means any municipal corporation of the state and any consolidated city-county government of the state.
(14) 'Necessary' means necessary, desirable, or appropriate, as determined by the com missioner, unless the context clearly indicates a different meaning.
(15) 'Rural area' means any nonurban area in the state as defined in rules and regula tions of the department.
(16) 'School district" means any school district, independent school system, or other local school system in the state.
(17) 'State' means the State of Georgia.
(b) A reference to the terms of any contract or writing or to the terms under which any funds are made available shall include all terms, conditions, covenants, representations, war ranties, and other provisions.
50-8-3. (a) The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The purpose of this article is to provide for the department to serve this essential public interest of the state in developing, promoting, sus taining, and assisting local governments.

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(b) The department shall serve as the principal department in the executive branch of state government for local government affairs. The department shall perform the state's role in local government affairs by carrying out the state's duties, responsibilities, and functions in local government affairs and by exercising its power and authority in local government affairs. Without limiting the generality of the purposes served by the department, the de partment shall:
(1) Develop, promote, sustain, and assist local governments;
(2) Provide a liaison between local governments and other governments, including the state government and the federal government;
(3) Act as the state's principal department for local government affairs and local gov ernment services generally and for programs, functions, and studies in local government affairs and local government services and act as the coordinator on the state government level for such programs, studies, and functions provided by the department and for those provided by others;
(4) Develop, promote, sustain, and assist local governments in the performance of their duties and responsibilities under law to their citizens, including among such duties and re sponsibilities of local governments the provision of planning services; the provision of infra structure and other public works and improvements; the development, promotion, and re tention of trade, commerce, industry, and employment opportunities; the provision of transportation systems; and the promotion of housing supply; and
(5) Serve as the representative of the Governor to local governments and in local gov ernment affairs on a regular basis and on special assignments as authorized by the Governor.
50-8-4. (a) The Board of Community Affairs, as it existed immediately prior to Febru ary 15, 1988, shall continue to exist in accordance with this article. The board shall establish policy and direction for the department and shall perform such other functions as may be provided or authorized by law.
(b) Membership on the board shall be determined as follows:
(1) Members of the board serving immediately prior to February 15, 1988, shall con tinue to serve the respective terms for which they were appointed and until their respective successors are appointed and qualified. Thereafter the Governor shall appoint all members for terms of five years and until their successors are appointed and qualified;
(2) The board shall be composed of one member from each United States congressional district in the state and five additional members from the state at large. The membership shall include, at all times, five members who are elected officials of municipalities, five mem bers who are elected officials of counties, and five members from the state at large who need not be elected officials. In appointing members who are elected officials of municipalities, the Governor may consult with and seek recommendations from the Georgia Municipal As sociation. In appointing members who are elected officials of counties, the Governor may consult with and seek recommendations from the Association County Commissioners of Georgia;
(3) The term of a member shall expire when it ends or shall terminate earlier immedi ately upon:
(A) Resignation by a member;
(B) Death of a member or inability to serve as a member due to medical infirmity or other incapacity; or
(C) Any change in local elective office of a member which would cause the composition of the board not to comply with the requirements of paragraph (2) of this subsection;
(4) The Governor shall appoint a new member within 60 days after the resignation or termination of a member's term. The Governor may reappoint members of the board to

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consecutive terms unless such reappointment would cause the composition of the board not to comply with the requirements of paragraph (2) of this subsection. If, upon expiration or termination of a member's term, the Governor does not reappoint the board member whose term is expiring or terminating, the following procedure shall apply:
(A) If the former member was appointed from a congressional district, the Governor shall appoint a new member from the same congressional district;
(B) If the former member was appointed from the state at large, the Governor shall appoint a new member from the state at large; and
(C) If the former member was appointed as an elected official of a municipality or an elected official of a county, the Governor shall appoint a new member who is either an elected official of a municipality or a county, as the case may be; and
(5) Membership on the board does not constitute public office to the extent that a member of the board is precluded from holding other public office.
(c) Officers of the board shall be elected and shall serve as follows:
(1) The officers of the board serving immediately prior to February 15, 1988, shall con tinue to serve the respective terms for which they were elected and until their respective successors are elected and qualified;
(2) Thereafter the members of the board shall elect a chairman, a vice chairman, and a secretary from among the members of the board;
(3) The board shall elect officers at each May meeting or, if there is no May meeting, at the next monthly meeting; and
(4) Officers shall serve for a term beginning with their election and qualification and ending with the election and qualification of their respective successors.
(d) The board shall hold meetings as often as it determines to do so. The board may establish a regular meeting schedule and a procedure for calling special meetings. Unless the board establishes another procedure, the chairman or any five members of the board may call special meetings upon adequate written, personal, telephone, or facsimile notice to members of the board. Five members of the board shall constitute a quorum for conducting business, and a majority of those present at any meeting shall be required to approve any action taken by the board. A member must be present at a meeting to count for purposes of determining whether a quorum exists and to vote or otherwise act on matters which come before the meeting. No member may vote or otherwise act through a proxy, designee, or delegate. The board may establish such additional rules and procedures as it deems appro priate for conducting its business from time to time. These rules and procedures may be established in bylaws or in such other form as the board deems appropriate.
(e) Each member of the board shall receive the same per diem expense allowance as that received by members of the General Assembly for each day a board member is in at tendance at a meeting of the board, plus reimbursement for actual transportation expenses incurred while traveling by public carrier or the mileage allowance authorized for state offi cials and employees for the use of a personal automobile in connection with such attend ance. This per diem and reimbursement for transportation expenses shall be paid in lieu of any other per diem, allowance, remuneration, or compensation.
50-8-5. (a) The office of the commissioner of community affairs, as it existed immedi ately prior to February 15, 1988, shall continue to exist in accordance with this article. The commissioner shall be the department head, whose duties shall include serving as the de partment's chief executive officer and administrative head. The commissioner serving imme diately prior to February 15, 1988, shall continue to serve as commissioner at the pleasure of the board. Thereafter the commissioner shall be appointed by the board and shall serve at the pleasure of the board. The board shall establish the compensation for the commissioner.
(b) The commissioner shall have and may exercise the following power and authority:

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(1) The power and authority to take or cause to be taken any or all action necessary to perform any local government services or otherwise necessary to perform any duties, respon sibilities, or functions which the department is authorized by law to perform or to exercise any power or authority which the department is authorized by law to exercise;
(2) The power and authority to make, promulgate, enforce, or otherwise require compli ance with any and all rules, regulations, procedures, or directives necessary to perform any local government services or otherwise necessary to perform any duties, responsibilities, or functions which the department is authorized by law to perform or to exercise any power or authority which the department is authorized by law to exercise; and
(3) The power and authority to assist the board in the performance of its duties, re sponsibilities, and functions and the exercise of its power and authority.
50-8-6. The department shall be divided into such divisions, sections, or offices as may be necessary from time to time. All divisions, sections, or offices in existence immediately prior to February 15, 1988, shall continue to exist in accordance with this article. Thereaf ter, divisions, sections, and offices shall be abolished, reorganized, or established from time to time by the commissioner and as otherwise specified by law. The commissioner shall appoint such directors, deputies, and assistants as may be necessary to manage such divi sions, sections, and offices. Such positions shall be in the unclassified service of the State Merit System of Personnel Administration.
50-8-7. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall undertake and carry out such planning and technical assistance activities as the board or the commissioner may deem necessary for performing local government services and as may be specified by law. Such planning and technical assistance activities may include, but shall not be limited to, the following:
(1) The department may provide technical assistance to local governments. This assis tance may be directed to any and all activities of local government including, but not lim ited to, community and economic development and governmental administration, finance, management, and operations;
(2) The department may provide planning assistance to local governments. This assis tance may include long-range planning relevant to one or more local governments to identi fying the needs of such local governments. This assistance may also include planning with respect to downtown development and the redevelopment and revitalization of downtown areas and central business districts;
(3) The department may assist local governments in planning for the consequences or other results of decisions or actions by any government which have an impact on local gov ernments or on any of their citizens;
(4) The department may provide planning assistance to any local government or any state agency or state authority in connection with housing and dwelling places for citizens of the state. This assistance may include planning with respect to the availability of singlefamily, multi-family, and other types of housing units, the anticipated changes in such avail ability, the potential occupants for such housing, and the anticipated changes in such poten tial occupants. This assistance may also include planning with respect to homeless persons and the shelter needs of homeless persons; and
(5) The department's planning and technical assistance activities may include planning, technical assistance, analysis, recommendations for policies or action; and related activities and services with respect to any lawful purpose or activity of a local government.
(b) The department shall undertake and carry out such gathering of information, such distribution of information, and such studies and recommendations as the board or the com missioner may deem necessary for performing local government services and as may be specified by law. Such gathering and distribution of information and studies may include, but shall not be limited to, the following:

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(1) The department shall establish the Georgia data bank to serve as a comprehensive source of information available to local governments and state government. The Georgia data bank shall collect, analyze, and disseminate information with respect to local govern ments and with respect to state government. The Georgia data bank shall use information obtained from other governments and information developed by the department. To main tain the Georgia data bank, the department shall make comprehensive studies, investiga tions, and surveys of the physical, social, economic, governmental, demographic, and other conditions of the state and of local governments and of such other aspects of the state as may be necessary to serve the purposes of the department;
(2) The department shall, every two years, prepare a growth and development profile of the state. The profile and the maps and descriptions which accompany the profile shall include a general description of the existing and probable future patterns of growth and development and shall describe significant problems related to these patterns. For this pur pose, the department shall use information from the Georgia Data Bank and, where availa ble, information developed by other state agencies. In addition, the department may de velop its own information. This profile shall be submitted biennially to the Governor and to the General Assembly for their information and use in developing policies for the state;
(3) The department shall maintain a strategic rural economic development plan in co operation with the area planning commissions, the university system of the state, other state agencies and departments, and local governments. The plan shall include, without being limited to, identifying industries for which the rural areas of the state have a comparative advantage, exploring resources for venture capital for the rural areas of the state, and pro viding state financial assistance to support local initiatives for rural economic development in rural areas. This rural economic development plan shall be revised and updated at the same time as the growth and development profile of the state prepared for submission to the Governor and to the General Assembly is updated and shall be submitted to the Governor and to the General Assembly at the same time;
(4) The department may assist the Governor, the General Assembly, any committees of the General Assembly, any state department, any state agency, any state authority, or any local government with studies, surveys, investigations, maps, reports, plans, recommenda tions, advice, and information prepared, developed, or obtained by the department;
(5) The department may undertake studies, investigations, and surveys to identify po tential physical, social, economic, governmental, demographic, or other problems and oppor tunities in the urban, suburban, and rural areas of the state and to assist local governments in preparing to avoid the consequences of such problems or to take advantage of such op portunities; and
(6) The department may write, draft, prepare, or publish any studies, surveys, investi gations, maps, reports, plans, recommendations, advice, and information with respect to lo cal government affairs. The department may distribute or otherwise disseminate any such studies, surveys, investigations, maps, reports, plans, recommendations, advice, and infor mation to any government, any state authority or state agency, or any private entity.
50-8-8. (a) The department shall make grants to eligible recipients, which grants are specified by amount, recipient, and purpose in an appropriation to the department. The department shall also grant to any school district the proceeds of any general obligation debt for educational facilities for which the department is named user agency and the school district is named recipient in an appropriation authorizing the debt. The department may make grants to eligible recipients from appropriations made to the department generally for grant purposes, without appropriations language specifying amounts, recipients, and pur poses. The department shall disburse such grants on the basis of criteria which include con sideration of matters such as legislative intent; local, regional, or state-wide impact or bene fit; public exigencies or emergencies; enhancement of community and economic development opportunities; improvement or expansion of government operations or services; community health, safety, and economic well-being; and any other similar criteria that may from time to time be established by the department. No grant by the department to any eligible recip-

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ient shall adversely affect any grant or service to the recipient by any other unit or instru mentality of state government. Without limiting the foregoing, the Department of Educa tion, Department of Transportation, and the director of the Fiscal Division of the Department of Administrative Services shall not diminish or fail to award any funds or service to any recipient under any state or federal program in whole or in part on account of a grant by the department. Grants by the department are and shall be deemed to be of a special nature and in addition to all such other grants or awards. The following provisions shall apply to making such funds available to eligible recipients:
(1) The department may make available funds by grant to an eligible recipient, by di rect payments on behalf of an eligible recipient, or by any other lawful means;
(2) The department may accept, use, and disburse gifts and grants made to it on terms consistent with its legal powers, from any public or private source;
(3) The department shall specify the terms under which it makes any funds available to an eligible recipient. The terms shall be those established or otherwise required by the gov ernment or other source which makes the funds available to the department. If such govern ment or other source does not establish or otherwise require any such terms, the department may establish the terms;
(4) The department shall set forth in writing the terms under which the department makes funds available to an eligible recipient. The terms may be set forth in a contract. The department may execute any such contract on behalf of the state, and any eligible recipient which is a local government, school district, state agency, or state authority is authorized to execute any such contract. Any such writing or contract may incorporate other terms or laws by reference to such terms or laws;
(5) The department shall manage and administer all funds made available pursuant to this Code section; and
(6) The department may make funds available for any purpose for which the eligible recipient may lawfully use such funds. Unless precluded by general law, these purposes may include, but shall not be limited to, assisting in or furthering any of the purposes, duties, responsibilities, functions, power, or authority of local governments or the department. These purposes may also include, but shall not be limited to, establishing, developing, con structing, improving, maintaining, restoring, or protecting local government projects or pur poses of any nature, such as:
(A) Construction projects;
(B) Capital outlay projects;
(C) Infrastructure projects;
(D) Planning services;
(E) Technical assistance;
(F) Marketing and promotional projects to encourage tourism and to develop, promote, and retain trade, commerce, industry, and employment opportunities, agriculture, and agribusiness;
(G) Purchase or lease of equipment;
(H) Operating expenses;
(I) Housing projects;
(J) Any project for the purposes of acquiring, constructing, equipping, maintaining, and operating regional commerce and trade center facilities suitable for housing conventions and trade shows as well as cultural, political, musical, educational, athletic, and other events, in order to provide for the establishment, development, and maintenance of commerce and trade;

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(K) Any project or purpose described in or permitted under any appropriations to the department;
(L) Any project or purpose described in or permitted under any grant made to, or to be made by or through, the department;
(M) Any project or purpose provided for in the federal Housing and Community Devel opment Act of 1974, as amended, or any successor to the Housing and Community Develop ment Act of 1974;
(N) Any project or purpose provided for in the federal Public Works and Economic Development Act of 1965, as amended, or any successor to the Public Works and Economic Development Act of 1965;
(0) Any project or purpose authorized by federal or state law; or
(P) Any other project or purpose consistent with the duties, responsibilities, functions, power, and authority of the department.
(b) The department may apply for, receive, administer, and use any grant, other finan cial assistance, or other funds made available to the department from any government or other source for furthering the purposes of the department. The department's actions in this respect may be taken for itself or on behalf of local governments or other eligible recipi ents. The department's power and authority under this subsection includes, but shall not be limited to, the following:
(1) The department may apply on behalf of local governments or other eligible recipi ents for receipt of state appropriated funds from the Governor's emergency fund as pro vided by Code Section 45-12-77. If such an application is approved, or if state appropriated funds from the Governor's emergency fund as provided by Code Section 45-12-77 are other wise made available to the department, the department may be authorized by the Governor to disburse such emergency funds to the local government or other eligible recipient.
(2) The department may accept on behalf of local governments or other eligible recipi ents funds provided to the department by an executive order of the Governor and may disburse such funds to such local governments or other eligible recipients. The eligible recip ient and the terms under which such funds are made available for use by the eligible recipi ent shall be specified in the executive order and shall be made a part of any writing or contract between the department and the eligible recipient.
(c) The department is authorized and shall have all powers necessary to participate in federal programs and to comply with laws relating thereto.
(d) The governing authority of any county, municipality, or combination thereof may expend public funds received from the department to perform any public service or public function as authorized under the terms specified by the department or, in the absence of any such terms, as otherwise authorized by the Constitution or by law or to perform any other service or function as authorized by the Constitution.
(e) The department shall make available to any state agency or authority assigned to the department for administrative purposes all funds made available to the department for the use of any such state authority or agency. The department may make available funds to such state agencies or authorities for any lawful purposes of any such state agencies or authorities.
(f) The power and authority of the department under this Code section to make avail able to local governments or any other eligible recipient any funds shall be limited by the Constitution and laws of the state, and as specified in this Code section, but shall not other wise be limited.
(g) Pursuant to Article VII, Section III, Paragraph III of the Constitution and as other wise may be authorized, all grants and other disbursements of funds made by the depart ment or from the emergency fund through the department prior to February 15, 1988, are approved, ratified, and confirmed.

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50-8-9. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall have the power to enter into contracts with local governments, school districts, state agen cies, state authorities, and other public and private entities or individuals for any purpose necessary or incidental to carrying out or performing the duties, responsibilities, or func tions of the department or exercising the power and authority of the department. No such contract shall constitute a donation or gratuity or the forgiveness of any debt or obligation owing to the public. No such contract shall constitute or be intended to constitute security for bonds or other obligations issued by any public agency, public corporation, or authority. No such contract shall constitute a pledge or loan of the credit of the state to any individ ual, company, corporation, or association, and the state, through the department, shall not become a joint owner or stockholder in or with any individual, company, association, or corporation.
(b) The power and authority of the department under this Code section to enter into contracts shall be limited to entering into contracts permitted under the Constitution and laws of the state and as specified in this Code section but shall not otherwise be limited.
50-8-10. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall undertake and carry out such activities as may be necessary to coordinate policies, programs, and actions of governments in local government affairs and as may be specified by law. Such activities may include, but shall not be limited to, the following:
(1) The department may take such action as the commissioner may deem necessary, to the extent feasible and practicable as determined by the commissioner, to make the pro grams and policies of all levels of government consistent and to minimize duplicated or inconsistent programs and policies within the state government and among local governments;
(2) The department may review, on a continuous basis, the programs and policies of all governments acting within the state to determine their consistency with long-range pro grams and policies of the state, including the state's biennial growth and development pro file; and
(3) The department may consult with, meet with, confer with, and cooperate with the executive or legislative authorities of other states, with representatives of municipalities and counties of other states, with other representatives of governments, with representatives of private entities, and with others for the purpose of furthering the coordination of programs and policies affecting local government affairs within this state.
(b) The department shall serve as the state's clearing-house and research center on intergovernmental relations, including relationships among federal, state, and local levels of government, and to this end, the department shall:
(1) Monitor, review, analyze, and communicate with and to others with respect to ac tions and developments in the United States Congress, in the federal agencies, and in other states which affect local governments or which may affect relations between the state and any local governments; and
(2) Coordinate its activities with the office of the Governor, other state agencies and authorities, and the state's members of the United States Congress.
(c) The department may provide, supervise, or coordinate leadership and community development programs for local governments and other programs with respect to local gov ernment affairs. The department may develop pilot programs or projects designed to ad dress the problems and needs of local governments.
50-8-11. (a) The department shall have the duty, responsibility, power, and authority to take all action necessary to further the purposes of the department, without regard for whether any such duty, responsibility, power, or authority is specifically mentioned in this

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article or otherwise specifically granted by law. Without limiting the general nature of this Code section:
(1) The department shall have all duties, responsibilities, power, and authority granted or specified under or pursuant to any other laws of the state and any executive orders issued by the Governor prior to February 15, 1988. To the extent permitted by law, the Governor may, by executive order issued after February 15, 1988, authorize the department to take specific action in furtherance of the purposes of the department; and in that event, the department shall take such action;
(2) The department shall promote and encourage assistance from private entities and individuals in carrying out and performing local government services;
(3) The department shall assist local governments in developing, promoting, and retain ing trade, industry, commerce, and employment opportunities;
(4) The department may define, identify, and establish criteria or requirements for local governments or others to participate with or to use any local government services; and
(5) The department may receive, use, and spend money received from the state for any of the purposes of the department.
(b) Revenues for all fees and charges imposed or otherwise charged by the department for local government services shall be paid into the general fund of the state treasury, except that charges intended to reimburse expenses incurred by the department shall be used to reimburse the department for such expenses.
50-8-12. (a) The Advisory Committee on Area Planning and Development, as it existed immediately prior to February 15, 1988, shall continue to exist in accordance with the provi sions of this article. The committee shall advise the commissioner and the board in matters relating to the financial and operational conditions, programs, services, intergovernmental relationships, and collective planning studies of area planning commissions. The members of the committee serving immediately prior to February 15, 1988, shall continue to serve the respective terms for which they were appointed and until their respective successors are appointed and qualified. Thereafter, the Governor shall appoint the members of the com mittee who shall serve for terms of office of two years and until their successors are ap pointed and qualified. The committee shall consist of one member from each area planning commission in the state. If any member of the committee shall cease to be a member of an area planning commission in the state, such member shall no longer be a member of the committee, and the Governor shall appoint a successor who shall serve for the remainder of the term and until such member's successor is appointed and qualified. Membership on the committee shall not preclude the member from holding other public office. Each member of the committee shall receive the same per diem allowance as is authorized for members of the General Assembly for each day a committee member is in attendance at a meeting of the committee and shall receive reimbursement for actual transportation costs incurred while traveling by public carrier or the allowance authorized for state officials and employ ees for the use of a personal motor vehicle in connection with such attendance. The per diem and travel allowance or reimbursement authorized by this subsection shall be paid from funds appropriated and available to the area planning commission which the member represents. The committee shall meet at least four but not more than six times per year. The commissioner or the chairman of the committee may call additional special meetings.
(b) The commissioner may create advisory councils in accordance with Code Section 504-4. The commissioner may name or otherwise designate such advisory councils as the com missioner deems necessary.
50-8-13. (a) Authorities or agencies may be assigned to the department for administra tive purposes in accordance with Code Section 50-4-3. The following authorities are assigned to the department in accordance with such Code section:
(1) The Georgia Environmental Facilities Authority; and
(2) The Georgia Residential Finance Authority.

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(b) The department may induce, by payment of state funds or other consideration, any agency or authority assigned to the department for administrative purposes to perform any local government services and to perform its own statutory function.
50-8-14. The administration of programs, grants, and other activities covered by this chapter shall not be covered by, subject to, or required to comply with or satisfy any provi sion of Chapter 13 of this title, known as the 'Georgia Administrative Procedure Act.'
50-8-15. (a) State employees transferred from the State Building Administrative Board on March 31, 1980, shall continue to retain all rights, entitlements, and privileges as state employees and participate in the various state personnel programs as they were previously entitled or otherwise authorized.
(b) Any legal contracts entered into by the State Building Administrative Board which were in effect on March 31, 1980, are transferred and shall continue in effect under the Department of Community Affairs until their normally prescribed termination or expiration.
50-8-16. (a) State employees transferred from the Bureau of Community Affairs to the Department of Community Affairs on July 1, 1977, shall retain all rights, entitlements, and privileges as state employees and shall participate in the various state personnel programs as they were previously entitled or authorized to participate.
(b) Any legal contracts entered into by the bureau which were in effect on July 1, 1977, are transferred and shall continue in effect under the Department of Community Affairs under their normally prescribed termination or expiration."
Section 2. This Act shall become effective on February 15, 1988.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 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
Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harr ! s
gHoarwnaSrTd Huggins Johnson Kennedy
Kidd Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd ^ay Scott of 2nd
0S,cott o,f 36th fumake btarr , btumbaugh
Tate Taylor Turner Tysinger Walker

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367

Those not voting were Senators:

Broun (excused) Hine

Hudgins Land

McKenzie Timmons

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Dean of the 31st moved that SB 475 be immediately transmitted to the House.
On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 475 was immedi ately transmitted to the House.

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

SB 479. By Senators Turner of the 8th, Harris of the 27th, Newbill of the 56th and others:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to residential and family farm mortgages, so as to amend the definition of "eligible persons and families"; to revise the income recertification process required for multifamily rental units financed by the authority; to clarify powers of the authority relating to the issuance of mortgage credit certificates.
The Senate Committee on Urban and County Affairs offered the following substitute to SB 479:
A BILL
To be entitled an Act to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to residential and family farm mortgages, so as to amend the definition of "eligible persons and families"; to revise the income recertification process re quired for multifamily rental units financed by the authority; to clarify powers of the au thority relating to the issuance of mortgage credit certificates; to delete allocation language relating to the state ceiling under the Mortgage Subsidy Bond Tax Act of 1980; to provide an exemption from the Georgia Insurance code for co-insurance by the authority held mort gages and to clarify said power; to transfer and modify the functions of the State Office of Housing; 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 8 of the Official Code of Georgia Annotated, relating to residential and family farm mortgages, is amended by striking paragraph (7) of Code Section 8-3-172, relating to definitions, and inserting in its place a new paragraph (7) to read as follows:
"(7) 'Eligible persons and families' means:
(A) Persons and families in this state who do not have sufficient income to afford to pay the amounts at which private enterprise, without federally aided mortgages or state-aided mortgages, is providing a substantial supply of decent, safe, and sanitary housing and who satisfy income limitations established by the authority in administrative guidelines and pro cedures established pursuant to the criteria set forth in subsection (c) of Code Section 8-3176;
(B) Persons and families in this state who because of their age or physical disability or the age or physical disability of the head of their household, as determined by the adminis trative guidelines and procedures of the authority established pursuant to the criteria set forth in subsection (c) of Code Section 8-3-176, are in need of residential housing in a spe-

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cial location or of a special design, or are in need of sanitary, decent, and safe residential housing; or
(C) Notwithstanding any other provision of this article, in connection with bonds ex empt from federal income taxation issued for the purpose of financing multifamily residen tial rental property, those individuals qualified to live in such properties under the Internal Revenue Code governing such tax exempt financing shall be deemed to be eligible persons and families, regardless of income; provided, however, that the authority, in its discretion, may impose additional income qualifications beyond those imposed by the Internal Revenue Code on all or a portion of the residents of property so financed."
Section 2. Said article is further amended by striking paragraph (19) of subsection (a) of Code Section 8-3-176 in its entirety and inserting in lieu thereof the following:
"(19) To procure or to otherwise provide insurance against any loss in connection with its property and other assets, to provide mortgage insurance in part on mortgages purchased by the authority. If the authority provides such insurance on mortgages purchased by the authority, such a program of insurance shall not be subject to the reserve, reporting, regis tration, disclosure, and record-keeping requirements imposed on insurers by the Georgia Insurance Code or any other requirements imposed by the Georgia Insurance Code;".
Section 3. Said article is further amended by striking paragraph (25) of subsection (a) of Code Section 8-3-176 in its entirety and inserting in lieu thereof a new paragraph (25) to read as follows:
"(25) To issue mortgage credit certificates to those persons and families who have re ceived financing from any lender, any financial institution or any individual or institution serving as lender, regardless of lender's geographic location, for the purpose of acquiring, rehabilitating, or improving single-family residential housing in Georgia. The authority shall have the power and the authority to take all steps, make all conditions, and do all things necessary in order to issue the certificates and implement and enforce the mortgage credit certificate program within the parameters and following the procedures specified by federal law and federal regulations governing the mortgage credit certificate program, notwithstand ing any contrary provision in this article; provided, however, that the Urban Residential Finance Authority shall be permitted to issue mortgage credit certificates but only if the Urban Residential Finance Authority adopts purchase price and income limits consistent with those adopted by the Georgia Residential Finance Authority for the mortgage credit certificate program. The authority shall be the sole and exclusive issuer of mortgage credit certificates in and for the state, notwithstanding any contrary provision of law. The issuance of such certificates, credit, or other advantage shall not constitute a bond, note, or other obligation of the authority;".
Section 4. Said article is further amended by striking subsection (h) of Code Section 83-176, relating to allocation of the state ceiling for single-family residential housing bonds as imposed by and defined in the Mortgage Subsidy Bond Tax Act of 1980, in its entirety.
Section 5. Said article is further amended by striking subsection (d) of Code Section 83-177, relating to the issuance of loans by the authority for residential housing purposes, and inserting in its place a new subsection (d) to read as follows:
"(d) For the purposes of carrying out this Code section, the authority shall establish administrative guidelines and procedures for determining the eligibility of occupants and rental or carrying charges, including guidelines and procedures with respect to periodic re view of occupant incomes for those occupants of income restricted units and periodic adjust ment of rental or carrying charges on income restricted units, in accordance with the criteria set forth in subsection (c) of Code Section 8-3-176."
Section 6. Said article is further amended by adding a Part 3 which shall create and establish the State Office of Housing in the Georgia Residential Finance Authority by ad ding after Code Section 8-3-198 the following:

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"Part 3
8-3-199. The General Assembly finds and declares that housing is an issue of paramount concern to this state which affects the health, welfare, and safety of the citizens of this state and the economic viability and planned growth of its communities. The General Assembly further finds and declares that the provision of and planning for housing and housing re lated matters are issues that are intrinsically intertwined with the ability to provide for the financing of housing activities. For this reason, the General Assembly designates the Georgia Residential Finance Authority as the State Office of Housing and assigns it the following powers and duties:
(1) To be responsible for the planning, development, and implementation of a coordi nated state housing program;
(2) To provide technical and financial assistance on housing and housing related mat ters throughout the state;
(3) To perform such housing related duties as may be assigned it by the Governor or the General Assembly;
(4) To apply for and receive and to administer federal funds under any federal housing program for which the state is an eligible applicant and, in the administration of such funds, to enter into such contracts as it deems necessary and to expend such state funds as the General Assembly may appropriate for such purposes;
(5) To coordinate activities and work in conjunction with the Farmers Home Adminis tration, which activities may include, but not be limited to, processing loan applicants and loans, community outreach activities, and financial assistance in the form of interest or down payment subsidies or write-downs; and
(6) To coordinate housing related activities and work in conjunction with private, fed eral, or quasi-governmental entities which entities shall include, but not be limited to, the Federal Housing Administration, the Veterans Administration, the Federal National Mort gage Association, the Federal Home Loan Mortgage Corporation, and the Government Na tional Mortgage Association.
8-3-199.1. The General Assembly affirms the state's commitment to providing decent, safe, and affordable housing to all segments of the population of this state. The State Office of Housing is authorized and directed to develop a state housing goal and shall prepare a state housing goal report for presentation to the General Assembly, commencing with the 1989 session. The report shall identify housing needs and housing accomplishments and out line plans for achieving the state housing goal. The state and its agencies, institutions, au thorities, commissions, bureaus, and entities which are political subdivisions of the state, cities and counties, local housing authorities, and the urban residential finance authority are authorized and directed to provide such information and perform such duties and functions as may be required to assist the State Office of Housing to prepare its reports and perform its functions."
Section 7. Article 3 of Chapter 8 of Title 50, relating to the placement of the State Office of Housing Section in the Department of Community Affairs, is deleted and repealed in its entirety.
Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. All laws and parts of laws in conflict with this Act are repealed.
Senator Turner of the 8th offered the following substitute to SB 479:
A BILL
To be entitled an Act to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to residential and family farm mortgages, so as to amend the

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definition of "eligible persons and families"; to revise the income recertification process re quired for multifamily rental units financed by the authority; to clarify powers of the au thority relating to the issuance of mortgage credit certificates; to delete allocation language relating to the state ceiling under the Mortgage Subsidy Bond Tax Act of 1980; to provide an exemption from the Georgia Insurance code for co-insurance by the authority on author ity held mortgages and to clarify said power; to transfer and modify the functions of the State Office of Housing; 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 8 of the Official Code of Georgia Annotated, relating to residential and family farm mortgages, is amended by striking paragraph (7) of Code Section 8-3-172, relating to definitions, and inserting in its place a new paragraph (7) to read as follows:
"(7) 'Eligible persons and families' means:
(A) Persons and families in this state who do not have sufficient income to afford to pay the amounts at which private enterprise, without federally aided mortgages or state-aided mortgages, is providing a substantial supply of decent, safe, and sanitary housing and who satisfy income limitations established by the authority in administrative guidelines and pro cedures established pursuant to the criteria set forth in subsection (c) of Code Section 8-3176;
(B) Persons and families in this state who because of their age or physical disability or the age or physical disability of the head of their household, as determined by the adminis trative guidelines and procedures of the authority established pursuant to the criteria set forth in subsection (c) of Code Section 8-3-176, are in need of residential housing in a spe cial location or of a special design, or are in need of sanitary, decent, and safe residential housing; or
(C) Notwithstanding any other provision of this article, in connection with bonds ex empt from federal income taxation issued for the purpose of financing multifamily residen tial rental property, those individuals qualified to live in such properties under the Internal Revenue Code governing such tax exempt financing shall be deemed to be eligible persons and families, regardless of income; provided, however, that the authority, in its discretion, may impose additional income qualifications beyond those imposed by the Internal Revenue Code on all or a portion of the residents of property so financed."
Section 2. Said article is further amended by striking paragraph (19) of subsection (a) of Code Section 8-3-176 in its entirety and inserting in lieu thereof the following:
"(19) To procure or to otherwise provide insurance against any loss in connection with its property and other assets, to provide mortgage insurance in part on mortgages purchased by the authority. If the authority provides such insurance on mortgages purchased by the authority, such a program of insurance shall not be subject to the reserve, reporting, regis tration, disclosure, and record-keeping requirements imposed on insurers by the Georgia Insurance Code or any other requirements imposed by the Georgia Insurance Code;".
Section 3. Said article is further amended by striking paragraph (25) of subsection (a) of Code Section 8-3-176 in its entirety and inserting in lieu thereof a new paragraph (25) to read as follows:
"(25) To issue mortgage credit certificates to those persons and families who have re ceived financing from any lender, any financial institution or any individual or institution serving as lender, regardless of lender's geographic location, for the purpose of acquiring, rehabilitating, or improving single-family residential housing in Georgia. The authority shall have the power and the authority to take all steps, make all conditions, and do all things necessary in order to issue the certificates and implement and enforce the mortgage credit certificate program within the parameters and following the procedures specified by federal law and federal regulations governing the mortgage credit certificate program, notwithstand-

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ing any contrary provision in this article. The authority shall be the sole and exclusive issuer of mortgage credit certificates in and for the state, notwithstanding any contrary provision of law; provided, however, that the Urban Residential Finance Authority shall be permitted to issue mortgage credit certificates but only if the Urban Residential Finance Authority adopts purchase price and income limits consistent with those adopted by the Georgia Resi dential Finance Authority for the mortgage credit certificate program. The issuance of such certificates, credit, or other advantage shall not constitute a bond, note, or other obligation of the authority;".
Section 4. Said article is further amended by striking subsection (h) of Code Section 83-176, relating to allocation of the state ceiling for single-family residential housing bonds as imposed by and defined in the Mortgage Subsidy Bond Tax Act of 1980, in its entirety.
Section 5. Said article is further amended by striking subsection (d) of Code Section 83-177, relating to the issuance of loans by the authority for residential housing purposes, and inserting in its place a new subsection (d) to read as follows:
"(d) For the purposes of carrying out this Code section, the authority shall establish administrative guidelines and procedures for determining the eligibility of occupants and rental or carrying charges, including guidelines and procedures with respect to periodic re view of occupant incomes for those occupants of income restricted units and periodic adjust ment of rental or carrying charges on income restricted units, in accordance with the criteria set forth in subsection (c) of Code Section 8-3-176."
Section 6. Said article is further amended by adding a Part 3 which shall create and establish the State Office of Housing in the Georgia Residential Finance Authority by ad ding after Code Section 8-3-198 the following:
"Part 3
8-3-199. The General Assembly finds and declares that housing is an issue of paramount concern to this state which affects the health, welfare, and safety of the citizens of this state and the economic viability and planned growth of its communities. The General Assembly further finds and declares that the provision of and planning for housing and housing re lated matters are issues that are intrinsically intertwined with the ability to provide for the financing of housing activities. For this reason, the General Assembly designates the Georgia Residential Finance Authority as the State Office of Housing and assigns it the following powers and duties:
(1) To be responsible for the planning, development, and implementation of a coordi nated state housing program;
(2) To provide technical and financial assistance on housing and housing related mat ters throughout the state;
(3) To perform such housing related duties as may be assigned it by the Governor or the General Assembly;
(4) To apply for and receive and to administer federal funds under any federal housing program for which the state is an eligible applicant and, in the administration of such funds, to enter into such contracts as it deems necessary and to expend such state funds as the General Assembly may appropriate for such purposes;
(5) To coordinate activities and work in conjunction with the Farmers Home Adminis tration, which activities may include, but not be limited to, processing loan applicants and loans, community outreach activities, and financial assistance in the form of interest or down payment subsidies or write-downs; and
(6) To coordinate housing related activities and work in conjunction with private, fed eral, or quasi-governmental entities which entities shall include, but not be limited to, the Federal Housing Administration, the Veterans Administration, the Federal National Mort gage Association, the Federal Home Loan Mortgage Corporation, and the Government Na tional Mortgage Association.
8-3-199.1. The General Assembly affirms the state's commitment to providing decent, safe, and affordable housing to all segments of the population of this state. The State Office

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of Housing is authorized and directed to develop a state housing goal and shall prepare a state housing goal report for presentation to the General Assembly, commencing with the 1989 session. The report shall identify housing needs and housing accomplishments and out line plans for achieving the state housing goal. The state and its agencies, institutions, au thorities, commissions, bureaus, and entities which are political subdivisions of the state, cities and counties, local housing authorities, and the urban residential finance authority are authorized and directed to provide such information and perform such duties and functions as may be required to assist the State Office of Housing to prepare its reports and perform its functions."
Section 7. Article 3 of Chapter 8 of Title 50, relating to the placement of the State Office of Housing Section in the Department of Community Affairs, is deleted and repealed in its entirety.
Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute to SB 479 offered by the Senate Committee on Urban and County Affairs, the yeas were 5, nays 31, and the substitute was lost.
On the adoption of the substitute to SB 479 offered by Senator Turner of the 8th, the yeas were 39, nays 0, and the substitute was adopted.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of the substitute and bill would be sus pended until the next meeting day of the Senate, Wednesday, February 3.
SR 264. By Senator Kidd of the 25th:
A resolution creating the Joint Study Committee on Area Planning and Develop ment Commissions.
The Senate Committee on Urban and County Affairs offered the following substitute to SR 264:
A RESOLUTION
Creating the Joint Study Committee on Area Planning and Development Commissions; and for other purposes.
WHEREAS, Georgia's 18 area planning and development commissions are each respon sible to their own board which is made up of local leaders from member counties and cities and others that they may choose; and
WHEREAS, local autonomy is important for individualizing the work of each area; however, the APDC's vary considerably in quality and competence; and
WHEREAS, an evaluation should be made to determine what constitutes a quality APDC, how to enhance accountability of APDC's, and how best to coordinate the diverse contracts in the various APDC's; and
WHEREAS, consideration should be given to the creation of a Georgia Planning and Development Authority which could establish uniform personnel standards, coordinate state contracts with the individual APDC's, and administer revolving loan funds and industrial development financing; and
WHEREAS, the General Assembly should direct a governmental entity to make a thor ough assessment of individual APDC's strengths and weaknesses and, based on such assess ment, the General Assembly could make recommendations relative to improving services provided in APDC's throughout the state.

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373

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Area Planning and Develop ment Commissions to be composed of ten members, five of whom shall be members of the Senate appointed by the President of the Senate and five of whom shall be members of the House appointed by the Speaker of the House of Representatives. The President of the Senate shall designate a member of the committee from the Senate as cochairman and the Speaker of the House of Representatives shall designate a member of the committee from the House as cochairman. The cochairmen shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the con ditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative com mittees but shall receive the same for not more than ten days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 1988. The committee shall stand abol ished on December 31, 1988.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon
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 of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake
Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Voting in the negative was Senator Johnson.

Those not voting were Senators:

Broun (excused) Bryant

Harrison Kennedy (presiding)

Land

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On the adoption of the resolution, the yeas were 50, nays 1.
The resolution, having received the requisite constitutional majority, was adopted by substitute.
HB 636. By Representatives Jamieson of the llth, Alford of the 57th, Moore of the 139th and others:
A bill to amend Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions applicable to contracts for public works, so as to require contractors to give bid bonds to the state, counties, municipal corporations, or any other public board or body thereof on certain bids for con tracts for the doing of any public work.
Senate Sponsor: Senator Barnes of the 33rd,
The Senate Committee on Urban and County Affairs offered the following substitute to HB 636:
A BILL
To be entitled an Act to amend Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions applicable to contracts for public works, so as to provide that the state, counties, municipal corporations, or any public boards or bodies thereof shall be authorized to require contractors to give bid bonds or other security on certain bids for contracts for the doing of any public work; to provide for the amount of bid bonds or other security; to provide certain exceptions; to amend Article 4 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds for public contrac tors, so as to redesignate certain Code provisions; to provide for actions on breached bid bonds; to provide procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions applicable to contracts for public works, is amended by strik ing Code Section 13-10-1, relating to bonds required on contracts with the state, counties, municipal corporations, or other public bodies for public works, and inserting in its place a new Code Section 13-10-1 to read as follows:
"13-10-1. (a) (1) If the state, a county, a municipal corporation, or any public board or body thereof requires a bid bond for any particular public work, no bid for a contract with the state, county, municipal corporation, or any public board or body thereof for the doing of such public work shall be valid for any purpose, unless the contractor shall give a bid bond with good and sufficient surety or sureties approved by the governing authority for the faithful acceptance of the contract payable to, in favor of, and for the protection of the state, county, municipal corporation, or public board or body thereof for which the contract is to be awarded. The bid bond shall be in the amount of not less than 5 percent of the total amount payable by the terms of the contract. No bid shall be read aloud or considered if a proper bid bond or other security authorized in paragraph (2) of this subsection has not been submitted. The provisions of this subsection shall not apply to any bid for a contract which is required by law to be accompanied by a proposal guaranty and shall not apply to bids for contracts with any public agency or body which receives funding from the United States Department of Transportation and which is primarily engaged in the business of public transportation.
(2) In lieu of the bid bond provided for in paragraph (1) of this subsection, the state, a county, a municipal corporation, or any public board or body may accept a cashier's check, certified check, or cash in the amount of not less than 5 percent of the total amount payable by the terms of the contract payable to and for the protection of the state, county, munici pal corporation or public board or body thereof for which the contract is to be awarded.

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375

(b) No contract with this state, a county, a municipal corporation, or any public board or body thereof, for the doing of any public work shall be valid for any purpose, unless the contractor shall give:
(1) A performance bond with good and sufficient surety or sureties payable to, in favor of, and for the protection of the state, county, municipal corporation, or public board or body thereof for which the work is to be done. The performance bond shall be in the amount of at least the total amount payable by the terms of the contract. This bond shall not be required when a bond is required under Code Section 36-10-4;
(2) A payment bond with good and sufficient surety or sureties, payable to the state, county, municipal corporation, or public board or body thereof for which the work is to be done, and for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the contract. The payment bond shall be in the amount of at least the total amount payable by the terms of the contract.
(c) This Code section shall not apply where the total contract price does not exceed $20,000.00; provided, however, that the state, any department or agency thereof, a county, a municipal corporation, or any public board or body thereof may in its discretion require performance and payment bonds or bid bonds or other security for any public works contract."
Section 2. Article 4 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds for public contractors is amended by striking Code Section 36-82-102, re lating to approval and filing of bonds, and inserting in its place a new Code Section 36-82102 to read as follows:
"36-82-102. The bonds required under Code Section 36-82-101 shall be approved and filed with the treasurer or the person performing the duties usually performed by a trea surer of the obligee named therein unless the contract is for the erection, improvement, or repair of buildings for a state institution, in which case it shall be approved and filed with the board or officer having the financial management of such institution. If the surety named in the bonds is other than a surety company authorized by law to do business in this state, such bonds shall not be approved and filed unless such surety makes and files an affidavit with such bonds, stating under oath that he is the fee simple owner of real estate equal in value to the amount of the bonds over and above any and all liens, encumbrances, and exemption rights allowed by law. If the payment bond required in paragraph (2) of subsection (b) of Code Section 13-10-1, together with affidavit when necessary, is not taken in the manner and form required in this Code section, the corporation or body for which work is done under the contract shall be liable to all subcontractors and to all persons fur nishing labor, skill, tools, machinery, or materials to the contractor or subcontractor there under for any loss resulting to them from such failure. No agreement, modification, or change in the contract, change in the work covered by the contract, or extension of time for the completion of the contract shall release the sureties of such payment bond."
Section 3. Said article is further amended by striking subsection (a) of Code Section 3682-104, relating to action on breached bonds, and inserting in its place a new subsection (a) to read as follows:
"(a) The obligee in any bid bond required to be given in accordance with subsection (a) of Code Section 13-10-1 or the obligee in any performance bond required to be given in accordance with paragraph (1) of subsection (b) of Code Section 13-10-1 shall be entitled to maintain an action thereon at any time upon any breach of such bond."
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.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Fincher Foster Garner Gillis Harris Hine Howard Huggins Johnson Kidd McGill Olmstead Peevy Perry

Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Bryant Engram Harrison

Hudgins Kennedy (presiding) Land

Langford McKenzie Newbill

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

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

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

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

SB 352. By Senator Scott of the 36th:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses under the "Quality Basic Education Act," so as to provide that the State Board of Education shall prescribe a course of study in sex education for all grades and grade levels other than kindergarten in the public school system and shall establish standards for its administration.

The Senate Committee on Education offered the following substitute to SB 352:

A BILL
To be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum under the "Quality Basic Education Act," so as to provide that each local board of education shall prescribe a course of study in sex education and AIDS prevention instruction; to authorize such local boards to supplement and develop the exact approach of content areas of such

TUESDAY, FEBRUARY 2, 1988

377

minimum course of study; to provide for certain standards; to provide that the State Board of Education shall prescribe a minimum course of study in sex education and AIDS preven tion instruction and shall establish standards for its administration; to provide for certain topics of instruction; to provide for minimum periods of instruction; to provide for a manual for such course of study; to provide for implementation of such minimum course of study or its equivalent; to provide for noncompliance; to provide that a parent or guardian may elect that a child not receive such course of study; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum under the "Quality Basic Educa tion Act," is amended by adding at the end thereof a new Code section, to be designated Code Section 20-2-143, to read as follows:
"20-2-143. (a) Each local board of education shall prescribe a course of study in sex education and AIDS prevention instruction for such grades and grade levels in the public school system as shall be determined by the State Board of Education. Such course of study shall implement either the minimum course of study provided for in subsection (b) of this Code section or its equivalent, as approved by the State Board of Education. Each local board of education shall be authorized to supplement and develop the exact approach of content areas of such minimum course of study with such specific curriculum standards as it may deem appropriate. Such standards shall include instruction relating to the handling of peer pressure, promotion of high self-esteem, local community values, and abstinence from sexual activity as an effective method of prevention of pregnancy, sexually transmitted dis eases, and acquired immune deficiency syndrome.
(b) The State Board of Education shall prescribe a minimum course of study in sex education and AIDS prevention instruction which may be included as a part of a course of study in comprehensive health education for such grades and grade levels in the public school system as shall be determined by the state board and shall establish standards for its administration. The course may include instruction concerning human biology, conception, pregnancy, birth, sexually transmitted diseases, and acquired immune deficiency syndrome. A manual setting out the details of such course of study shall be prepared by or approved by the State School Superintendent in cooperation with the Department of Human Resources, the State Board of Education, and such expert advisers as they may choose.
(c) The minimum course of study to be prescribed by the State Board of Education pursuant to subsection (b) of this Code section shall be ready for implementation not later than July 1, 1988. Each local board shall implement either such minimum course of study or its equivalent not later than July 1, 1989. Any local board of education which fails to comply with this subsection shall not be eligible to receive any state funding under this article until such minimum course of study or its equivalent has been implemented.
(d) Any parent or legal guardian of a child to whom the course of study set forth in this Code section is to be taught shall have the right to elect, in writing, that such child not receive such course of study."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Burton Coleman Crumbley Dawkins Deal Dean Echols Edge English Engram Fincher

Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Langford McGill Olmstead Peevy

Perry Phillips Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate
Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Albert Brannon

Coverdell Newbill

Ragan of 32nd

Those not voting were Senators:

Broun (excused) Bryant

Kennedy (presiding) Land

McKenzie

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

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

SB 402. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-240 of the Official Code of Georgia Annotated, relating to procedure upon change of an elector's residence, so as to provide that the board of registrars may accept a properly submitted application for an absen tee ballot as a change of address notification.

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

On the passage 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 Burton Coleman Coverdell Crumbley

Dawkins Deal Dean Echols Edge English Engram Fincher Foster Garner

Gillis Harris Hine Howard Hudgins Huggins Johnson Kidd Langford McGill

TUESDAY, FEBRUARY 2, 1988

379

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd

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

Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Broun (excused) Bryant

Harrison Kennedy (presiding) Land

McKenzie Newbill

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

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

SB 404. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-240 of the Official Code of Georgia Annotated, relating to the procedure upon change of an elector's residence, so as to remove the requirement that a change of address be made under oath; to amend Article 6 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters in municipal elections, so as to change the procedure relat ing to change of residence of an elector by removing the requirement that a change of address be made under oath.

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

On the passage 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 BnCCoou,vlreteomrndaenll Crumbley
Dawkins Deal Dean
Echols Edge English

Engram Fincher Foster Garner
Gillis Harris THHHJoma. rweriasrodn Hudgins
Huggins Johnson Kidd
Langford McGill Olmstead

Peevy Perry Phillips Ragan of i0th
Ragan of 32nd jj Sc0^ccao.tt.tt o,fff, 230,,,n6,,dtj,h Shumake
tarr Stumbaugh Tate
Taylor Timmons Turner

Those not voting were Senators:

Barker Broun (excused) Bryant

Kennedy (presiding) Land McKenzie

Newbill Tysinger Walker

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

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JOURNAL OF THE SENATE

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

SB 405. By Senator Kidd of the 25th:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters for elections generally, so as to pro vide that a certified copy of a marriage license shall be acceptable identification for voter registration; to amend Code Section 21-3-125 of the Official Code of Georgia Annotated, relating to qualification and registration of voters for munici pal elections, so as to provide that a certified copy of a marriage license shall be acceptable identification for voter registration.

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

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

English Engram Fincher Foster Garner Harris Harrison Hine Howard Huggins Kidd Langford McGill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger

Those not voting were Senators:

Barker Brannon Broun (excused) Bryant Gillis

Hudgins Johnson Kennedy (presiding) Land McKenzie

Newbill Scott of 2nd Taylor Walker

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

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

SB 407. By Senator Kidd of the 25th:
A bill to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting in elections generally, so as to delete the requirement that a person making application for an absentee ballot on behalf of an elector residing temporarily out of the county or a physically disabled elector residing within the county be 18 years of age or older.

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

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381

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

Engram Fincher Foster Garner Gillis Harris Harrison Huggins
Johnson Kidd Langford McGill Newbill Peevy Perry

Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Broun (excused) Bryant Coverdell

Hine Howard Hudgins Kennedy (presiding)

Land McKenzie Olmstead

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

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

SB 408. By Senator Kidd of the 25th:
A bill to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible to hold civil office, so as to provide that municipali ties may by charter provide for lesser residency requirements to hold nonjudicial municipal offices.

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

On the passage 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 Bryant Burton Coleman Coverdell Crumbley Dawkins Deal

Dean Edge English Engram Fincher Foster Garner Gillis Harris Harrison Howard Huggins Johnson

Kidd McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th

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JOURNAL OF THE SENATE

Shumake Starr Stumbaugh

Taylor Timmons

Turner Tysinger

Those not voting were Senators:

Barker Broun (excused) Echols Hine

Hudgins Kennedy (presiding) Land

Langford Tate Walker

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

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

SB 414. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," so as to extend the time within which certain absentee registration cards shall be considered as applications for absen tee ballots from 90 to 180 days prior to a primary or election.

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

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

English Engram Foster Garner Gillis Harris Hine Howard Hudgins Huggins Johnson Kidd Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Barker Broun (excused) Fincher

Harrison Kennedy (presiding) Land

Ragan of 10th Walker

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

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383

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

SB 463. By Senator Kidd of the 25th:
A bill to amend the Official Code of Georgia Annotated, so as to provide periodic cost-of-living adjustments to the minimum annual salaries received by the consti tutional county officers in this state; to provide that such periodic cost-of-living adjustments to the minimum annual salaries of the constitutional county officers shall be based on cost-of-living adjustments received by employees in the classi fied service of the state merit system.

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

On 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 Burton Coleman Coverdell Crumbley Dean Echols Edge English Engram Fincher

Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Langford McGill McKenzie

Newbill Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Ray Shumake Stumbaugh Tate Taylor Timmons
Turner Tysinger

Those voting in the negative were Senators:

Allgood Bryant

Dawkins Deal

Peevy Starr

Those not voting were Senators:

Barker Broun (excused) Kennedy (presiding)

Land Scott of 2nd

Scott of 36th Walker

On the passage of the bill, the yeas were 43, nays 6.

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

SB 485. By Senators Olmstead of the 26th and Kidd of the 25th:
A bill 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 proce dures relating to the filling of vacancies in the offices of tax receiver, collector, or commissioner.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English

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

Newbill Olmstead Peevy Perry Phillips Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Barker Broun (excused) Kennedy (presiding)

Land Ragan of 10th

Scott of 2nd Walker

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

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

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 12:26 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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385

Senate Chamber, Atlanta, Georgia Wednesday, February 3, 1988 Fifteenth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1526. By Representative Cummings of the 17th: A bill to repeal an Act entitled "an Act to incorporate the town of Van Wert, in the county of Polk, and for other purposes therein mentioned."
HB 1532. By Representatives Hamilton of the 124th, Triplett of the 128th, Johnson of the 123rd, Pannell of the 122nd, Mueller of the 126th and others: A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County and providing for a board of commissioners as the governing authority of said county, so as to change the provisions relative to the agenda for meetings of the board of commissioners.
HB 1533. By Representatives Hamilton of the 124th, Triplett of the 128th, Pannell of the 122nd, Mueller of the 126th, Johnson of the 123rd and others: A bill to provide for the determination of the millage rate by the governing au thorities of Chatham County, the City of Savannah, and the independent school system of Chatham County and the City of Savannah; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commis sioner of Chatham County.
HB 1214. By Representative Richardson of the 52nd: A bill to amend Code Section 43-10-12 of the Official Code of Georgia Annotated, relating to cosmetology schools, teachers, and instructors, so as to change certain provisions relating to requirements for teachers and instructors.
HB 1305. By Representatives Jackson of the 9th and Murphy of the 18th: A bill to amend Article 6 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the administration and enforcement of vehicle registration laws, so as to authorize state and county law enforcement officers and revenue agents and officers to go upon private property to seize certain license plates and renewal decals.

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The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 577. By Representative Pettit of the 19th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Bartow County, Georgia.
HR 627. By Representative Pettit of the 19th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Bartow County, Georgia.
The House has passed by the requisite constitutional majority the following bill of the Senate:
SB 535. By Senator Echols of the 6th:
A bill to provide that future school superintendents of the Pierce County School District shall be appointed by the board of education rather than elected; to pro vide for all related matters; to provide for a referendum; to provide effective dates.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 583. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Department of Corrections over certain misde meanor offenders and designation of place of confinement for persons convicted of misdemeanors or felonies, so as to change the provisions relating to the trans fer of an inmate to the custody of the Department of Corrections. Referred to Committee on Corrections.
SB 584. By Senator Dawkins of the 45th:
A bill to amend Code Section 51-1-11 of the Official Code of Georgia Annotated, relating to privity and to certain product liability actions, so as to provide for a definition regarding certain uses of a product; to provide for conditions when certain property may not be merchantable and reasonably suited to the use in tended; to provide for certain duties. Referred to Committee on Industry and Labor.
SB 585. By Senator Peevy of the 48th:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to provide that any person who gives a false name, address, date of birth, or social security number to a law enforcement officer in the lawful discharge of his official duties with the intent of misleading the officer as to his identity is guilty of a misdemeanor. Referred to Committee on Special Judiciary.
SB 586. By Senator Peevy of the 48th:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Anno tated, relating to exemptions from certain provisions of law relating to carrying

WEDNESDAY, FEBRUARY 3, 1988

387

or possessing firearms, so as to provide that such provisions shall not apply to or affect off-duty peace officers. Referred to Committee on Special Judiciary.
SB 587. By Senator Peevy of the 48th:
A bill to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of roadways, overtaking, and passing, so as to provide that it shall be unlawful for any vehicle to be driven a distance of 300 feet or more in the designated turning-only lane on any roadway. Referred to Committee on Special Judiciary.
SB 588. By Senators Foster of the 50th, Barnes of the 33rd, Deal of the 49th and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to change the provisions relating to the comprehensive evaluation of public schools and school systems; to change the provisions relating to the Quality Basic Education Pro gram task force; to provide for other matters relative to the foregoing. Referred to Committee on Education.
SB 589. By Senator Perry of the 7th:
A bill to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, so as to authorize certain corporate surety insur ers to guarantee certain consumer warranty agreements; to provide for related matters. Referred to Committee on Insurance.
SB 590. By Senators Peevy of the 48th and Phillips of the 9th: A bill to provide for the collection of additional fees in cases before the Magis trate Court of Gwinnett County as law library fees; to provide for the amount of such fees; to provide for practices and procedures relating to the collection and remittance of such fees; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SB 591. By Senators Deal of the 49th, Peevy of the 48th and Johnson of the 47th:
A bill to amend Code Section 44-14-364 of the Official Code of Georgia Anno tated, relating to release of a lien upon filing of bond, so as to provide that the filing of a bond shall not deprive the bondholder of any defenses that would have been available had no bond been filed. Referred to Committee on Judiciary.
SB 592. By Senators Deal of the 49th, Barnes of the 33rd, Peevy of the 48th and others:
A bill to amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weight limitations for vehicles and loads, so as to ensure that Geor gia's legal definition of "tandem axle" shall continue to agree with the federal definition; to permit Georgians to be competitive with other states; to provide for an effective date. Referred to Committee on Transportation.
SB 593. By Senators Burton of the 5th, Ragan of the 10th, Kidd of the 25th and others: A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to create the Advisory Commission on Programs for the Hearing Impaired; to provide for membership and terms; to provide qualifi cations; to provide for compensation and expenses; to provide duties and respon-

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sibilities; to provide for recommendations and reports; to provide a termination date. Referred to Committee on Governmental Operations.
SB 594. By Senators Turner of the 8th, Gillis of the 20th, Ray of the 19th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definitions of "alliga tor product," "fur dealer," and "fur dealer's agent"; to change the season for hunting alligators; to change the provisions relating to taxidermists; to change the provisions relating to the hunting of alligators. Referred to Committee on Natural Resources.
SB 595. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to authorize compensatory salary ad justments to those former educators of a local board of education who trans ferred employment to Central State Hospital; to authorize transfer of sick leave accumulated in the former employment with a local board of education. Referred to Committee on Governmental Operations.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 1214. By Representative Richardson of the 52nd:
A bill to amend Code Section 43-10-12 of the Official Code of Georgia Annotated, relating to cosmetology schools, teachers, and instructors, so as to change certain provisions relating to requirements for teachers and instructors. Referred to Committee on Governmental Operations.
HB 1305. By Representatives Jackson of the 9th and Murphy of the 18th:
A bill to amend Article 6 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the administration and enforcement of vehicle registration laws, so as to authorize state and county law enforcement officers and revenue agents and officers to go upon private property to seize certain license plates and renewal decals. Referred to Committee on Judiciary.
HB 1526. By Representative Cummings of the 17th:
A bill to repeal an Act entitled "an act to incorporate the town of Van Wert, in the county of Polk, and for other purposes therein mentioned." Referred to Committee on Urban and County Affairs.
HB 1532. By Representatives Hamilton of the 124th, Triplett of the 128th, Johnson of the 123rd, Pannell of the 122nd, Mueller of the 126th and others:
A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County and providing for a board of commissioners as the governing authority of said county, so as to change the provisions relative to the agenda for meetings of the board of commissioners. Referred to Committee on Urban and County Affairs.

WEDNESDAY, FEBRUARY 3, 1988

389

HB 1533. By Representatives Hamilton of the 124th, Triplett of the 128th, Pannell of the 122nd, Mueller of the 126th, Johnson of the 123rd and others: A bill to provide for the determination of the millage rate by the governing au thorities of Chatham County, the City of Savannah, and the independent school system of Chatham County and the City of Savannah; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commis sioner of Chatham County.
Referred to Committee on Urban and County Affairs.
HR 577. By Representative Prichard of the 8th: A resolution authorizing the conveyance of certain state owned real property lo cated in Bartow County, Georgia.
Referred to Committee on Public Utilities.
HR 627. By Representative Pettit of the 19th: A resolution authorizing the conveyance of certain state owned real property lo cated in Bartow County, Georgia.
Referred to Committee on Public Utilities.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Children and Youth has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 576. Do pass. HB 1226. Do pass.
Respectfully submitted, Senator Barker of the 18th District, Chairman
Mr. President:
The Committee on Consumer Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1304. Do pass. Respectfully submitted, Senator Langford of the 35th District, Chairman
Mr. President:
The Committee on Corrections has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 500. Do pass by substitute. SB 546. Do pass. SB 563. Do pass.
Respectfully submitted, Senator Garner of the 30th District, Chairman

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JOURNAL OF THE SENATE

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 564. Do pass. HB 369. Do pass. HB 1102. Do pass by substitute.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 527. Do pass.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Insurance 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 316. Do pass.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 615. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

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

SB 545. Do pass. SB 559. Do pass. SB 561. Do pass. SB 562. Do pass.

HB 1212. HB 1241. HB 1285. HB 1334.

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

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391

Respectfully submitted, Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 480. Do pass. SB 484. Do pass. SB 536. Do pass.
Respectfully submitted,
Senator Scott of the 2nd District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1286. Do pass. HB 1466. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

Mr. President:

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

SB 542. Do pass. SB 582. Do pass. SR 295. Do pass.

HB 1192. HB 1193. HB 1260.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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

SB 424. By Senator Kidd of the 25th:
A bill to amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions with respect to tuition equalization grants at private col leges and universities, so as to change the definition of the term "full-time stu dent"; to provide an effective date.

SB 492. By Senator Hine of the 52nd:
A bill to amend Chapter 3 of Title 5 of the Official Code of Georgia Annotated, relating to appeals to the superior court, so as to provide for trial by the court without a jury in appeals from inferior courts with the consent of both parties.

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JOURNAL OF THE SENATE

SB 570. By Senators McGill of the 24th, Kennedy of the 4th, English of the 21st and others:
A bill to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, so as to change the provisions relating to treatment of agricultural facilities, farms, and agricultural operations as nuisances; to provide a declaration of policy.

HB 1229. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th and others:
A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated.

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

Albert Allgood Barker Bowen Brannon
BU/ytaonnt
Crumbley Dawkins Dean Echols Edge English Engram

Fincher Foster Garner Gillis Harris
HHianrerison
u ems Huggms Kennedy Kidd Land McGill McKenzie

Newbill Olmstead Peevy Perry Ragan of 10th
RRaaygan of 32nd S<-, co,tt. 5 2~ nd, Shumake Starr Stumbaugh Taylor Turner Tysinger

Those not answering were Senators:

Baldwin

Barnes

^

Broun (excused)

Coverdell

Deal

Howard Johnson
Langford Phillips

Scott of 36th Tate
Timmons Walker

Senator Barker of the 18th introduced the chaplain of the day, Reverend Bobby Smith, pastor of Union Grove Baptist Church, Warner Robins, Georgia, who offered scripture read ing and prayer.

The following resolutions of the Senate were read and adopted:

SR 342. By Senators Garner of the 30th and Engram of the 34th: A resolution commending Jean Carolyn Williams.

SR 343. By Senators Johnson of the 47th, Kennedy of the 4th, Gillis of the 20th and others:
A resolution expressing tribute to Honorable M. Parks Brown.

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:

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393

SENATE LOCAL CONSENT CALENDAR
Wednesday, February 3, 1988 FIFTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 1286 English, 21st City of Millen Jenkins County
Provides for new charter for city.

HB 1466 Gillis, 20th City of Alston Montgomery County
Extends corporate limits of city.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Gillis Harris Hine Huggins Johnson Kennedy Kidd Land Langford McGill

McKenzie Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Taylor Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Coverdell Garner Harrison

Howard Hudgins Newbill Scott of 2nd

Stumbaugh Tate Timmons

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

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

Senator Harris of the 27th introduced Honorable Lee Robinson, Mayor of the City of Macon and a former Senator from the 27th District, who briefly addressed the Senate and introduced other guests in connection with the Annual Cherry Blossom Festival in Macon.

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JOURNAL OF THE SENATE

SENATE CALENDAR
Wednesday, February 3, 1988
FIFTEENTH LEGISLATIVE DAY
SB 479 Residential, Family Farm Mortgage--certain definitions (Substitute) (U&CA G--8th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended.) SB 499 Composite Board of Medical Examiners--composition (Amendment) (Gov
Op--25th)
SB 508 Voter Registration--school principal may register employees (Gov Op--25th) SB 553 State Government Officers--provision on proposed salaries (Gov Op--25th)
SR 270 Commissioner of Education--in place of School Superintendent (Ed--50th) SR 323 Government Officers Salaries--proposed by Officers Composition Commission
(Gov Op--25th)
SB 197 Magistrates--change provisions on minimum salaries (Substitute) (Judy--49th)
SB 432 Council of State Court Judges--create (Substitute) (S Judy--33rd) SB 438 Interlocal Risk Management Agency--relating to (S Judy--48th) SB 494 Grand Juries--written response by county officers to presentments
(S Judy--33rd)
SB 516 Court Bailiffs--compensation (Amendment) (S Judy--33rd) SB 544 Carnival Ride Safety Act--certificates of inspection (C Aff--35th) SB 569 Small Minority Business Development Corporation--creation and purpose
(C Aff--43rd)
SR 267 Sovereign and Official Immunity--circumstances (S Judy--33rd) SR 272 Task Force on Community Dialysis Centers--requesting (Substitute) (Amend
ment) (Hum R--52nd)
HB 312 Crime Information Center Records--dissemination to private persons, busi nesses, others (Substitute) (Judy--47th)
HB 507 Blanket Accident, Sickness Insurance--preferred provider arrangements (Substi tute) (Ins--49th)
HB 713 Property Liens--Superfund Amendments, Reauthorization Act of 1986 (Substi tute) (I&L--52nd)
HR 372 Herman Eugene Talmadge Monument Commission--create (S Judy--17th)
The following general bill of the Senate, having been read the third time on February 2 and final action suspended until today, pursuant to Senate Rule 143, was put upon its passage:
SB 479. By Senators Turner of the 8th, Harris of the 27th, Newbill of the 56th and others:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to residential and family farm mortgages, so as to amend the definition of "eligible persons and families"; to revise the income recertification process required for multifamily rental units financed by the authority; to clarify powers of the authority relating to the issuance of mortgage credit certificates.
The substitute to SB 479 offered by Senator Turner of the 8th on February 2, as it appears in the Journal of February 2, was automatically reconsidered and put upon its adoption.

WEDNESDAY, FEBRUARY 3, 1988

395

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Howard Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Coleman

Harrison Hine

Tate Timmons

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

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

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

SB 499. By Senator Kidd of the 25th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, orthotists, etc., so as to change the composi tion of the Composite State Board of Medical Examiners; to provide for the com pensation, allowances, and expenses of the Physician's Assistants Advisory Committee.

Senator Kidd of the 25th offered the following amendment to SB 499: By deleting on page 4, line 5 the following: "disease,".

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

Senator Olmstead of the 26th offered the following amendment: Amend SB 499 by striking line 19 on page 2 and inserting in lieu thereof the following:

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JOURNAL OF THE SENATE

"certified physician assistant, who shall vote only on matters before the board that di rectly affect physician's assistants." and
by striking on line 28 of page 2 the following:
"or physician assistant".

On the adoption of the amendment, the yeas were 31, nays 5, 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 Bryant Burton Coverdell Crumbley Dean Echols Edge English Engram Fincher

Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Tysinger Walker

Those voting in the negative were Senators:

Dawkins

Deal

Peevy

Those not voting were Senators:

Barker Broun (excused)

Coleman Tate

Turner

On the passage of the bill, the yeas were 48, nays 3.

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

Senator Harrison of the 37th introduced the doctor of the day, Dr. Thomas Gorsche, of Marietta, Georgia.

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

SB 508. By Senator Kidd of the 25th:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters for elections generally, so as to pro vide that each principal or assistant principal of every public or private high

WEDNESDAY, FEBRUARY 3, 1988

397

school and the director of each area vocational school may register to vote per sons employed by the school system.
Senator Kidd of the 25th offered the following amendment to SB 508:
Amend SB 508 by adding in the title on line 6 of page 1, between the word "the" and the word "school", the following:
"private high school or by the".
By adding in Section 1 on line 22 of page 2, between the word "the" and the word "school", the following:
"private high school or by the".
By adding in Section 6 on line 22 of page 7, between the word "the" and the word "school", the following:
"private high school or by the".
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
Senator Hine of the 52nd offered the following amendment:
Amend SB 508 by adding in the title at the end of line 16 of page 1 the following:
"procedure for registering to vote by mail; to provide a".
By adding in the title at the end of line 4 of page 2 the following:
"provide a procedure for registering to vote by mail; to".
By adding between lines 30 and 31 on page 6 the following:
"Section 4A. Said article is further amended by adding between Code Section 21-2-230 and 21-2-231 a new Code Section 21-2-230.1 to read as follows:
'21-2-230.1. (a) Notwithstanding any other provision of this article, a resident of this state may apply to the board of registrars of the county of such applicant's residence for a registration card to be mailed to such applicant. The application shall be in writing and shall contain the name and residence address of the applicant and such other information as the board of registrars may require. The board of registrars, upon receipt of such applica tion, shall enter thereon the date it is received and, upon finding such applicant to be unre gistered, shall immediately mail to him a blank registration card accompanied by a properly addressed envelope. Upon the return of such registration card, properly completed and exe cuted by the applicant, and upon the applicant possessing the qualifications of an elector, the board of registrars shall place the name of such elector upon the electors list and such registration shall have the same effect as a registration consummated under other provisions of this article. The date a registration card is mailed or delivered to an applicant and the date it is returned shall be entered on the application therefor.
(b) The registration cards for use by applicants for registration pursuant to this Code section shall be in the same form as the form of the registration card provided for in subsec tion (a) of Code Section 21-2-217, except that the affidavit and questions propounded to the applicant portions shall be eliminated and in lieu thereof the following form of affidavit shall be used:
I do swear (or affirm) that I am a citizen of the United States, the State of Georgia, and this county; that I am at least 18 years of age, or will be on the -------------------- day of ___________, 19_; that I possess the qualifications of an elector required by the laws of this state; that I am not registered to vote in any other county, or I am registered in ___________ County of the State of ___________ and request cancellation of my registration; that I am not registered to vote under any other name; that I have never been convicted in any court of competent jurisdiction of any felony involving moral turpi-

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tude, punishable by the laws of the State of Georgia, with imprisonment in the penitentiary or, if so convicted, that I was pardoned on ____________, or my sentence was com pleted on ----------------------; and that the information contained elsewhere on this card is true.
I declare that the above is a true statement to the best of my knowledge and belief, and I understand that if I make any material false statement in the above statement I shall be guilty of a misdemeanor and may be punished by a fine of not more than $1,000.00 or by imprisonment for not more than 12 months.
Date ___________, 19_.
(Sign here)--------------------------------------'"

By adding between lines 20 and 21 on page 11 the following:
"Section 9A. Said article is further amended by adding between Code Section 21-3-131 and 21-3-132 a new Code Section 21-3-131.1 to read as follows:
'21-3-131.1. Notwithstanding any other provision of this article, a resident of a munici pality may apply to the board of registrars of the municipality for a registration card to be mailed to such applicant. The application shall be in writing and shall contain the name and residence address of the applicant and such other information as the board of registrars may require. The board of registrars, upon receipt of such application, shall enter thereon the date it is received and, upon finding such applicant to be unregistered, shall immediately mail to him a blank registration card accompanied by a properly addressed envelope. Upon the return of such registration card, properly completed and executed by the applicant, and upon the applicant possessing the qualifications of an elector, the board of registrars shall place the name of such elector upon the electors list and such registration shall have the same effect as a registration consummated under other provisions of this article. The date a registration card is mailed or delivered to an applicant and the date it is returned shall be entered on the application therefor.' "

On the adoption of the amendment, the yeas were 9, nays 31, and the amendment was lost.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon ^u,rton Coleman Coverdell CDreuaml bley
Dean
Edge English
Engram
Fincher Foster

Garner Gillis Harris Harrison Hine Howard Hudgins Huggms Johnson KKeidndnedy
Land
Langford McGill
McKenzie
Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Rav Scott of 2nd gcott of 36th Shumake ,, S;tuamrrb, augh,
Tate
Tay1(>r Timmons
Turner
Tysinger Walker

WEDNESDAY, FEBRUARY 3, 1988

399

Voting in the negative was Senator Dawkins.

Those not voting were Senators:

Bowen Broun (excused)

Bryant Echols

Newbill

On the passage of the bill, the yeas were 50, nays 1.

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

SB 553. By Senator Kidd of the 25th:
A bill to amend Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers and employees, so as to provide a method whereby the salaries of major officers of state government shall be pro posed by a State Officers Compensation Commission and by other boards, bodies, and officers, with the salaries so proposed becoming effective unless disapproved by a joint resolution of the General Assembly, approved by the Governor.

Senator Kidd of the 25th moved that SB 553 be postponed until Tuesday, February 9.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 553 was post poned until Tuesday, February 9.

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 1560. By Representative Waldrep of the 80th:
A bill to amend an Act creating a board of commissioners for Monroe County, so as to change the terms of the members of the board of commissioners; to provide for staggered terms.

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

HB 1560. By Representative Waldrep of the 80th:
A bill to amend an Act creating a board of commissioners for Monroe County, so as to change the terms of the members of the board of commissioners; to provide for staggered terms.
Referred to Committee on Urban and County Affairs.

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

SR 270. By Senators Foster of the 50th, Barnes of the 33rd, McKenzie of the 14th and others:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the office of commis sioner of education in place of the office of State School Superintendent and for the ap-

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JOURNAL OF THE SENATE

pointment of said commissioner of education by the State Board of Education and for other matters relative to the foregoing; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article II, Section III, Paragraph I of the Constitution is amended by striking subparagraphs (a) and (b) in their entirety and substituting in lieu thereof new subparagraphs (a) and (b) to read as follows:
"(a) As used in this Paragraph, the term 'public official' means the Governor, the Lieu tenant Governor, the Secretary of State, the Attorney General, the Commissioner of Insur ance, the Commissioner of Agriculture, the Commissioner of Labor, and any member of the General Assembly.
(b) Upon indictment for a felony by a grand jury of this state or by the United States, which felony indictment relates to the performance or activities of the office of any public official, the Attorney General or district attorney shall transmit a certified copy of the in dictment to the Governor or, if the indicted public official is the Governor, to the Lieuten ant Governor who shall, subject to subparagraph (d) of this Paragraph, appoint a review commission. If the indicted public official is the Governor, the commission shall be com posed of the Attorney General, the Secretary of State, the Commissioner of Insurance, the Commissioner of Agriculture, and the Commissioner of Labor. If the indicted public official is the Attorney General, the commission shall be composed of three other public officials who are not members of the General Assembly. If the indicted public official is not the Governor, the Attorney General, or a member of the General Assembly, the commission shall be composed of the Attorney General and two other public officials who are not mem bers of the General Assembly. If the indicted public official is a member of the General Assembly, the commission shall be composed of the Attorney General and one member of the Senate and one member of the House of Representatives. If the Attorney General brings the indictment against the public official, the Attorney General shall not serve on the com mission. In place of the Attorney General, the Governor shall appoint a retired Supreme Court Justice or a retired Court of Appeals Judge, The commission shall provide for a speedy hearing, including notice of the nature and cause of the hearing, process for ob taining witnesses, and the assistance of counsel. Unless a longer period of time is granted by the appointing authority, the commission shall make a written report within 14 days. If the commission determines that the indictment relates to and adversely affects the administra tion of the office of the indicted public official and that the rights and interests of the public are adversely affected thereby, the Governor or, if the Governor is the indicted public offi cial, the Lieutenant Governor shall suspend the public official immediately and without fur ther action pending the final disposition of the case or until the expiration of the officer's term of office, whichever occurs first. During the term of office to which such officer was elected and in which the indictment occurred, if a nolle prosequi is entered, if the public official is acquitted, or if after conviction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the officer shall be immediately rein stated to the office from which the officer was suspended. While a public official is sus pended under this Paragraph and until initial conviction by the trial court, the officer shall continue to receive the compensation from the office. After initial conviction by the trial court, the officer shall not be entitled to receive the compensation from the office. If the officer is reinstated to office, the officer shall be entitled to receive any compensation with held under the provisions of this Paragraph."
Section 2. Article V, Section II, Paragraph VIII of the Constitution is amended by strik ing subparagraph (b) in its entirety and inserting in lieu thereof a new subparagraph (b) to read as follows:
"(b) In case of the death or withdrawal of a person who received a majority of votes cast in an election for the office of Secretary of State, Attorney General, Commissioner of Insur ance, Commissioner of Agriculture, or Commissioner of Labor, the Governor elected at the same election, upon becoming Governor, shall have the power to fill such office by ap-

WEDNESDAY, FEBRUARY 3, 1988

401

pointing, subject to the confirmation of the Senate, an individual to serve until the next general election and until a successor for the balance of the unexpired term shall have been elected and qualified."
Section 3. Article V, Section III, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. Other executive officers, how elected. The Secretary of State, Attorney General, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor shall be elected in the manner prescribed for the election of members of the General Assembly and the electors shall be the same. Such executive officers shall be elected at the same time and hold their offices for the same term as the Governor."
Section 4. Article V, Section HI, Paragraph II of the Constitution is amended by strik ing subparagraph (a) in its entirety and substituting in lieu thereof a new subparagraph (a) to read as follows:
"(a) No person shall be eligible to the office of the Secretary of State, Attorney General, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor unless such person shall have been a citizen of the United States for ten years and a legal resident of the state for four years immediately preceding election or appointment and shall have attained the age of 25 years by the date of assuming office. All of said officers shall take such oath and give bond and security, as prescribed by law, for the faithful discharge of their duties."
Section 5. Article V, Section IV, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. 'Elected constitutional executive officer,' how defined. As used in this section, the term 'elected constitutional executive officer' means the Governor, the Lieuten ant Governor, the Secretary of State, the Attorney General, the Commissioner of Insurance, the Commissioner of Agriculture, and the Commissioner of Labor."
Section 6. Article VIII, Section III, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety which reads as follows:
"Paragraph I. State School Superintendent. There shall be a State School Superinten dent, who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Education shall be eligible for election as State School Superintendent during the time for which such member shall have been appointed.",
and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. Commissioner of education. There shall be a commissioner of education, who shall be the executive officer of the State Board of Education. The person serving as State School Superintendent on January 1, 1989, shall continue to serve as State School Superintendent for the remainder of the term to which the person was elected. Thereafter, the commissioner of education shall be appointed by the State Board of Education to serve for such term of office, not exceeding four years, as said State Board of Education shall determine. The commissioner of education shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Education shall be eligible for appointment as commissioner of education during the term of office for which the member was appointed as a member of the State Board of Education."
Section 7. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide for the office of commis sioner of education in place of the office of State School Superintendent and to authorize the State Board of Education to appoint said commissioner of education?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Bowen Burton Coverdell CDrauwmkbinlesy
Deal Dean Echols Edge

Engram Foster Harrison Hine Howard Land LMacnKgefonrzdie
Newbill Olmstead Peevy Phillips

Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake ot cSut. umbL aughv.
Tate Taylor Tysinger Walker

Those voting in the negative were Senators:

Albert Allgood Brannon Bryant English Fincher

Garner Gillis Hudgins Huggins Johnson Kennedy

Kidd McGill Perry Ragan of 10th Timmons Turner

Those not voting were Senators:

Broun (excused)

Coleman

Harris

On the adoption of the resolution, the yeas were 35, nays 18.

The resolution, having failed to receive the requisite two-thirds 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 SR 270.

WEDNESDAY, FEBRUARY 3, 1988

403

SR 323. By Senator Kidd of the 25th:

A RESOLUTION
Proposing an amendment to the Constitution so as to direct the General Assembly to provide a method whereby the salaries of major officers of state government shall be pro posed by a State Officers Compensation Commission and by other boards, bodies, and of ficers, with the salaries so proposed becoming effective unless disapproved by a joint resolu tion of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III of the Constitution is amended by adding at the end thereof a new Section XI to read as follows:
"SECTION XI.
COMPENSATION OF OFFICERS
Paragraph I. Method of determination of compensation. The General Assembly shall provide by law a method whereby the salaries of major officers of state government shall be proposed by a State Officers Compensation Commission and by other boards, bodies, and officers, with the salaries so proposed becoming effective unless disapproved by a joint reso lution of the General Assembly, approved by the Governor.
Paragraph II. State Officers Compensation Commission. The General Assembly shall provide by law for the appointment of a State Officers Compensation Commission. The General Assembly shall designate by law the major officers of state government whose sala ries shall be proposed by the commission and the major officers of state government whose salaries shall be proposed by other boards, bodies, and officers for inclusion without change in the reports of the State Officers Compensation Commission. Three members of the com mission shall be appointed by the Governor, two members shall be appointed by the Lieu tenant Governor, two members shall be appointed by the Speaker of the House of Repre sentatives, and two members shall be appointed by the Chief Justice of the Supreme Court.
Paragraph III. Authority of the General Assembly not diminished. The General Assem bly may at any time, by joint resolution approved by the Governor, provide for any officer whose salary is determined under this section a different salary from that determined under this section."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to direct the General Assembly to provide a method whereby the salaries of major officers of state government shall be proposed by a State Officers Compensation Commission and by other boards, bodies, and officers, with the salaries so proposed becoming effective unless disapproved by a joint resolution of the General Assembly?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Senator Kidd of the 25th moved that SR 323 be postponed until Tuesday, February 9.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SR 323 was post poned until Tuesday, February 9.

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The following general bill of the Senate, having been read the third time on February 17, 1987, and postponed until February 18, 1987, and committed to the Senate Committee on Judiciary on February 19, 1987, and favorably reported by the committee, was put upon its passage:

SB 197. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change pro visions relating to the minimum salaries of magistrates.

The Senate Committee on Judiciary offered the following substitute to SB 197:

A BILL
To be entitled an Act to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change provisions relating to the minimum salaries of magistrates; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, is amended by striking subsections (a) and (b) and inserting in their place new subsections to read as follows:
"(a) Unless otherwise provided by local law, the chief magistrate of each county other than those counties where the probate judge serves as chief magistrate shall receive a mini mum annual salary of the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999 ................................................. $ 7,900.00

6,000 -- 11,999 ................................................. 12,000 -- 19,999 ................................................. 20,000 -- 29,999 ................................................. 30,000 -- 39,999 .................................................

11,700.00 13,420.00 15,000.00 17,820.00

40,000 -- 49,999 ................................................. 19,440.00

50,000 -- 99,999 ................................................. 20,640.00

100,000 -- 199,999 ................................................. 200,000 -- 299,999 .................................................

26,950.00 35,400.00

300,000 or more .................................................... 39,800.00

The minimum salary for each affected chief magistrate shall be fixed from the above table according to the population of the county in which the chief magistrate serves as deter mined by the United States decennial census of 1980 or any future such census. The county governing authority may supplement the minimum annual salary of the chief magistrate in such amount as it may fix from time to time; but no chief magistrate's compensation or supplement shall be decreased during any term of office.
(b) Unless otherwise provided by local law, each magistrate other than the chief magis trate shall receive a minimum monthly salary of $250.00 per month. The salary of each magistrate other than the chief magistrate may be supplemented by the county governing authority in such amount as it may fix from time to time; but no such magistrate's compen sation or supplement shall be decreased during any term of office."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, FEBRUARY 3, 1988

405

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
, CDrauwmkbinles y Deal Dean
Echols Edge English Fincher

Foster Gillis Harris Harrison Howard Huggins .hnsn KKeidndnedy Land
Langford
McGill Newbill
Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd j^ay Scott of 2nd Scott of 36th S,,,humak, e ^tarr
btumbaugh
Tate Timmons
Turner Walker

Voting in the negative were Senators Burton and Tysinger.

Those not voting were Senators:

Brannon Broun (excused) Coleman Coverdell

Engram Garner Hine

Hudgins McKenzie Taylor

On the passage of the bill, the yeas were 44, nays 2.

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

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

SB 432. By Senator Barnes of the 33rd:
A bill to amend Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to state courts of counties, so as to create The Council of State Court Judges of Georgia; to provide for the council's composition; to provide for officers and an executive committee; to provide for the organization and administration of the council; to provide for the responsibilities of the council.

The Senate Committee on Special Judiciary offered the following substitute to SB 432:

A BILL
To be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to create The Council of State Court Judges of Georgia and the Council of Magistrate Court Judges; to provide for the composition of both councils; to provide for officers and executive committees of both councils; to provide for the organiza-

406

JOURNAL OF THE SENATE

tion and administration of both councils; to provide for the responsibilities of both councils; to provide for the payment of administrative expenses; to provide that the Administrative Office of the Courts shall provide technical services and assistance to The Council of State Court Judges of Georgia; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding a new Code section at the end of Article 2 of Chapter 7, relating to judges and solicitors, to be designated Code Section 15-7-26, to read as follows:
"15-7-26. (a) There is created a state court judges' council to be known as 'The Council of State Court Judges of Georgia.' The council shall be composed of the judges, senior judges, and judges emeriti of the state courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws. The officers of said council shall consist of a president, a president-elect, a secretary, and a treasurer. The executive commit tee of said council shall consist of the officers, the immediate past president, and two addi tional members elected by the council.
(b) It shall be the purpose of The Council of State Court Judges of Georgia to effectu ate the constitutional and statutory responsibilities conferred upon it by law and to further the improvement of the state courts, the quality and expertise of the judges thereof, and the administration of justice.
(c) Expenses of the administration of the council shall be paid from state funds appro priated for that purpose, from federal funds available to the council for that purpose, or from other appropriate sources.
(d) The Administrative Office of the Courts shall provide technical services to the coun cil and shall assist the council in complying with all its legal requirements."
Section 2. Said title is further amended by adding a new Code section at the end of Article 1 of Chapter 10, relating to general provisions concerning magistrate courts, to be designated Code Section 15-10-7, to read as follows:
"15-10-7. (a) There is created a council of magistrate court judges to be known as the 'Council of Magistrate Court Judges.' The council shall be composed of the chief magis trates and magistrates of the magistrate courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws. The officers of said council shall consist of a president, a first vice president, a second vice president, a secretary, a treasurer, and such other officers as the council shall deem necessary. The council shall have an execu tive committee composed of two representatives from each judicial administrative district.
(b) It shall be the purpose of the council to effectuate the constitutional and statutory responsibilities conferred upon it by law, to further the improvement of the magistrate courts and the administration of justice, to assist the chief magistrates and magistrates throughout the state in the execution of their duties, and to promote and assist in the train ing of chief magistrates and magistrates.
(c) Expenses of the administration of the council shall be paid from state funds appro priated for that purpose, from federal funds available to the council for that purpose, or from other appropriate sources."
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.

WEDNESDAY, FEBRUARY 3, 1988

407

On the passage of the 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 rannon oBPLouy,lre?tomnnan Crumbley
Dawkins Deaj Dean Echols Edge English

Fincher Foster Gillis Harris Hine
Howard Hudgins JH,,Touh, g&ng5sionns Kennedy
Kidd Land McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 32nd Ray
Scott of 2nd Scott of 36th SS_htaurmr ake
Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Coverdell Engram

Garner Harrison

Langford Ragan of 10th

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

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

Senator Deal of the 49th introduced members of the 4-H Clubs in Georgia who were being commended.

Senator Foster of the 50th introduced Mary Emily Deal who was commended by SR 339, adopted previously.

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 438. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Article 29 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to interlocal risk management agencies, so as to change cer tain definitions and the use of certain terms; to revise the provisions relating to excess insurance; to provide that participation by a board of education in an in terlocal risk management agency shall not constitute a waiver of sovereign immunity.

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

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

Those voting in the affirmative were Senators:

Albert

Allgood

Baldwin

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JOURNAL OF THE SENATE

Barnes Bowen Brannon Bryant Burton Coleman Crumbley Dawkins Dean Echols Edge English
Fincher Foster Garner

Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Langford Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Barker Broun (excused) Coverdell Deal

Engrain Land McGill

McKenzie 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.

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

SB 494. By Senator Barnes of the 33rd:
A bill to amend Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries, so as to provide that succeeding grand juries shall be furnished with written responses by county officers to presentments and recommendations of the immediately preceding grand jury; to provide for related matters.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Crumbley Dean Echols Edge

English Fincher Foster Garner Gillis Harris Harrison Hine Howard Kidd Land Langford McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor

WEDNESDAY, FEBRUARY 3, 1988

409

Turner

Tysinger

Walker

Those not voting were Senators:

Broun (excused) Coverdell Dawkins Deal

Engram Hudgins Huggins Johnson

Kennedy (presiding) McGill Timmons

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

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

SB 516. By Senator Barnes of the 33rd:
A bill to amend Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to compensation of court bailiffs, so as to change the provisions relative to such compensation.

The Senate Committee on Special Judiciary offered the following amendment: Amend SB 516 by striking from line 15 of page 1 the following: "$60.00", and inserting in lieu thereof the following: "$70.00".

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

Senators Edge of the 28th and Barnes of the 33rd offered the following substitute to SB 516:

A BILL
To be entitled an Act to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to change the provisions relating to compensation of court bailiffs and expense allowances for jurors; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, is amended by striking Code Section 15-12-7, relating to compensation of court bailiffs and expense allowances for jurors, and inserting in its place a new Code Section 15-12-7 to read as follows:
"15-12-7. The first grand jury impaneled at the fall term of the superior courts of the several counties shall fix:
(1) The compensation of court bailiffs in the superior courts of such counties for the next succeeding year, such compensation not to be less than $5.00 nor to exceed $70.00 per diem. The same compensation shall be allowed to bailiffs of the several state courts and special courts as is allowed bailiffs in the superior court of the county in which the state or special court is located; and
(2) An expense allowance for jurors in the superior courts of such counties for the next succeeding year, such expense allowance not to be less than $5.00 nor to exceed $50.00 per diem. The same expense allowance shall be allowed to jurors of the several state courts and special courts as is allowed jurors in the superior court of the county in which the state or special court is located. The expense allowance of tales jurors shall be the same as that of a

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regularly drawn trial juror. The expense allowance so authorized by the grand jury shall be authorized also for grand jurors."
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.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding announced that, pursuant to Senate Rule 143, consideration of the substitute and bill would be sus pended until the next meeting day of the Senate, Thursday, February 4.

SB 569. By Senators Walker of the 43rd, Scott of the 2nd and Allgood of the 22nd:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide a new article relating to small minority business development corporations; to provide for definitions; to pro vide for the creation and purposes of small minority business development corporations.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
BCoulretomnan
Coverdell Crumbley Dawkins Dean Echols Edge English

Fincher Foster Garner Gillis Harris
Mine
HHguuogdwggaiinnss
Johnson Kidd Land Langford McGill Newbill Olmstead

Peevy Perry Ragan of 10th Ragan of 32nd p^ay
Scott of 2nd
SS,,,hcoutmt aok,fe36th
^tarr L Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Brannon Broun (excused) Deal

Engram Harrison Kennedy (presiding)

McKenzie Phillips Timmons

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

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

SR 267. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:

A RESOLUTION Proposing an amendment to the Constitution so as to provide for sovereign immunity

WEDNESDAY, FEBRUARY 3, 1988

411

and official immunity and to provide for the circumstances and procedures under which such immunity shall be raised and to provide the General Assembly with certain authority to enact laws relating to sovereign and official immunity; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article I, Section II of the Constitution is amended by striking Paragraph IX which reads as follows:
"Paragraph IX. Sovereign immunity of the state from suit, (a) Sovereign immunity ex tends to the state and all of its departments and agencies. However, the defense of sovereign immunity is waived as to any action ex contractu for the breach of any written contract now existing or hereafter entered into by the state or its departments and agencies. Also the defense of sovereign immunity is waived as to those actions for the recovery of damages for any claim against the state or any of its departments and agencies for which liability insur ance protection for such claims has been provided but only to the extent of any liability insurance provided. Moreover, the sovereign immunity of the state or any of its departments and agencies may hereafter be waived further by Act of the General Assembly which specifi cally provides that sovereign immunity is hereby waived and the extent of the waiver. No waiver of sovereign immunity shall be construed as a waiver of any immunity provided to the state or its departments and agencies by the United States Constitution. The provisions of this paragraph shall not have the effect of permitting the state or any of its departments or agencies to interpose the defense of sovereign immunity as to any action against the state or any of its departments or agencies filed prior to January 1, 1983, if such defense could not have been interposed on December 31, 1982.
(b) The General Assembly may provide by law for the processing and disposition of claims against the state which do not exceed such maximum amount as provided therein.",
and inserting in lieu thereof a new Paragraph IX to read as follows:
"Paragraph IX. Sovereign and official immunity from suit, (a) Sovereign immunity ex tends to the state and all of its departments, agencies, boards, commissions, and authorities.
(b) The defense of sovereign immunity is waived as to any action ex contractu for the recovery of actual damages for the breach of any written contract now existing or hereafter entered into by the state or any of its departments, agencies, boards, commissions, or authorities.
(c) The General Assembly may provide for the purchase of liability insurance coverage for any or all state departments, agencies, boards, commissions, or authorities. The defense of sovereign immunity will be waived by the existence of such liability insurance coverage, but only as to the particular department, agency, board, commission, or authority named as an insured in the applicable liability insurance policy, and only for claims which are in cluded within the coverage of the applicable liability insurance policy, and only to the ex tent that any damages awarded will be paid by the insurer pursuant to the applicable liabil ity insurance policy.
(d) Regardless of insurance, the defense of sovereign immunity will not be waived as to any claims for punitive, vindictive, or exemplary damages.
(e) Official immunity extends to state officers and employees, so that they shall not be subject to liability arising from the performance of their discretionary functions, unless they are found to have acted with willfulness, fraud, malice, or corruption.
(f) The General Assembly may provide for the purchase of liability insurance protection for state officers and employees to protect them from personal liability arising from the performance of the duties of their office or employment, to the extent that they are not otherwise immune from liability. The providing of such insurance will not waive the defense of sovereign immunity or the defense of official immunity.
(g) The sovereign immunity of the state or of any of its departments, agencies, boards,

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commissions, or authorities may hereafter be waived further by Act of the General Assembly which specifically and explicitly states both that sovereign immunity is thereby waived and the extent of such waiver.
(h) The General Assembly may otherwise provide by law for the processing and disposi tion of claims against the state which do not exceed such maximum amount as provided in such law. Sovereign immunity will be waived only to the extent expressly provided in such legislation.
(i) Any waiver of sovereign immunity or official immunity authorized or provided for under this Paragraph shall apply only to actions brought in the courts of Georgia. No such waiver of sovereign immunity shall constitute, nor shall it be construed as, a waiver of any immunity provided to the state by the Constitution of the United States."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide for sovereign immunity and official immunity and to provide for the circumstances and procedures under which such immunity shall be raised and to provide the General As sembly with certain authority to enact laws relating to sovereign and official immunity?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coverdell Crumbley Dawkins Dean Echols Edge Fincher

Foster Garner Gillis Harris Hine Howard Hudgins Huggins Johnson Kidd Land Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

WEDNESDAY, FEBRUARY 3, 1988

413

Those not voting were Senators:

Broun (excused) Coleman Deal

English Engram Harrison

Kennedy (presiding) Scott of 2nd

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

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

SR 272. By Senators Mine of the 52nd and Howard of the 42nd:
A resolution requesting the Office of Regulatory Services of the Department of Human Resources to create a Task Force on Community Dialysis Centers.

The Senate Committee on Human Resources offered the following substitute to SR 272:

A RESOLUTION
Requesting the Office of Regulatory Services of the Department of Human Resources to create a task force on kidney dialysis centers; and for other purposes.
WHEREAS, one of the most serious problems facing the public health and welfare of this state is the death of hundreds of persons each year from chronic renal disease; and
WHEREAS, chronic dialysis services are one of the most widely available and most frequently used treatments for this life-threatening condition; and
WHEREAS, a significant number of chronic renal disease sufferers rely on kidney dial ysis centers for such treatments; and
WHEREAS, dialysis treatment is a medical science which experiences rapid changes and advancements and is the subject of ongoing debates among the scientific and medical communities about proper treatment and the ethics thereof; and
WHEREAS, ensuring the safety and efficacy of such kidney dialysis centers is essential to protecting the health and welfare of the many persons in this state who depend on such services; and
WHEREAS, the regulatory process may be more aptly suited to addressing the fre quent problems in dialysis services than the statutory process.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body do request that the Office of Regulatory Services of the Department of Human Resources create a task force on kidney dialysis centers to be composed of citizens of this state with at least one member of such task force to be from each congressional district, at least two members of the task force to be members of the Senate who are appointed to the task force by the President of the Senate, and at least two members of the task force to be members of the House of Representatives who are ap pointed to the task force by the Speaker of the House of Representatives. The task force shall elect a chairman from among its members and the task force shall meet at the call of the chairman.
BE IT FURTHER RESOLVED that the task force shall undertake a study of the con ditions, needs, issues, and problems mentioned above or related thereto and recommend rules, regulations, any action, or legislation which the task force deems necessary or appro priate. The task force may conduct such meetings at such places within the state and at such times as it may deem necessary or convenient to enable it to exercise fully and effec tively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the task force shall receive the allowances authorized for legisla tive members of interim legislative committees and shall meet no more than ten days. The task force shall make a report of its findings and recommendations, with suggestions for

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proposed regulation, if any, to the Office of Regulatory Services and the General Assembly on or before December 1, 1988. The committee shall stand abolished on December 1, 1988.
Senator Hine of the 52nd offered the following amendment:
Amend the substitute to SR 272 offered by the Senate Committee on Human Resources by striking lines 15, 16, and 17 of page 2 and inserting in their place the following:
"Speaker of the House of Representatives. The President of the Senate shall appoint one of the Senate members of the task force to call the first meeting of that task force. At the first meeting, the task force shall elect a chairman and vice chairman from among its members, and thereafter the task force shall meet at the call of the chairman."
By striking lines 27 through 29 of page 2 and inserting in their place the following:
"purposes of this resolution. Legislative members and citizens members, if any, shall receive the expenses and allowances authorized by law for members of interim legislative committees for their services on the task force. Members of the task force who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the task force, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the task force. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their re spective departments. All other funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or otherwise available to the legislative branch of government. The task force shall not meet for".

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

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

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

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

English Fincher Foster Garner Gillis Harris Harrison Hine Howard Huggins Johnson Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

WEDNESDAY, FEBRUARY 3, 1988

415

Those not voting were Senators:

Broun (excused) Engram

Hudgins Kennedy (presiding)

Ragan of 10th

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

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

The following general bill of the House, having been read the third time on February 23, 1987, and postponed until February 24, 1987, and committed to the Senate Committee
on Judiciary on January 11, 1988, and favorably reported by the committee, was put upon its passage:

HB 312. By Representative Ramsey of the 3rd:
A bill to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide for the dissemination of criminal history records maintained by the center to private persons and businesses, public agencies, political subdivisions, authori ties, and instrumentalities, including state or federal licensing regulatory agencies or their designated representatives.
Senate Sponsor: Senator Johnson of the 47th.

The Senate Committee on Judiciary offered the following substitute to HB 312:

A BILL
To be entitled an Act to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide for the dissemination of criminal history records maintained by the center to private persons and businesses, public agencies, political subdivisions, authorities, and instrumentalities, in cluding state or federal licensing regulatory agencies or their designated representatives; to exclude from such disseminations the records of arrests, charges, and sentences relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where first offenders have been exonerated and discharged without adjudications of guilt, unless such dissemina tions are specifically authorized by law; to authorize the requirement of fees for the dissemi nation of such records; to authorize local criminal justice agencies to disseminate such records under the same conditions under which the center may make such disseminations; to require certain disclosures in the event employment decisions are based upon such records; to provide for immunities; to provide for penalties; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by striking in its entirety Code Section 35-3-34, relating to the dissemination of records by the center, which reads as follows:
"35-3-34. (a) The center shall be authorized to:
(1) Make records of adjudications of guilt available to private persons and businesses as follows:
(A) Make available to employers or their designated representatives, for the purpose of making employment and job assignment decisions, records of employees or prospective em ployees whose duties involve or may involve:
(i) Working in or near private dwellings without immediate supervision;

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(ii) Custody or control over or access to cash or valuable items;
(iii) Knowledge of or access to secret processes, trade secrets, or other confidential busi ness information; or
(iv) Ensuring the security or safety of other employees, customers, or property of the employer;
(B) Make available to appropriate personnel or representatives designated by the owner or manager of any business or commercial establishment records of persons apprehended for or suspected of a specific criminal act or acts of which the establishment or an employee of the establishment in the course of his employment is a victim;
(2) Charge fees for disseminating records pursuant to this Code section which will raise an amount of revenue which approximates, as nearly as practicable, the direct and indirect costs to the state of providing such disseminations.
(b) Information disseminated pursuant to subparagraph (a)(l)(A) of this Code section shall be available only to persons involved in the hiring, background investigation, or job assignment of the person whose record is disseminated. Information disseminated pursuant to subparagraph (a)(l)(B) of this Code section shall be available only to persons involved in deciding whether or not to prefer charges against the person whose record is disseminated or persons engaged in the investigation of such specific criminal act or acts. Any dissemination of any information obtained pursuant to this Code section to any person not specifically authorized to receive it or any use of any information obtained pursuant to this Code sec tion for any purpose other than the purpose for which it was obtained shall constitute a violation of Code Section 35-3-38.
(c) In the event that a decision is made adverse to a person whose record was obtained pursuant to this Code section, the person will be informed by the business or person making the adverse decision of all information pertinent to this decision. This shall include informa tion that a record was obtained from the center, the specific contents of the record, and the effect that the record had upon the decision.
(d) Neither the center, its employees, nor any other agency or employee of the state shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information pursuant to this Code section.
(e) The center shall disseminate records pursuant to subparagraph (a)(l)(A) of this Code section only upon positive identification by fingerprint comparison. The center shall disseminate records pursuant to subparagraph (a)(l)(B) of this Code section on fingerprint identification; and when fingerprints are unavailable or time prohibits the use of finger prints for identification, identification may be made through the use of the name, date of birth, sex, and race of the person, with appropriate qualifications.
(f) Local criminal justice agencies may disseminate records of adjudication of guilt, without fingerprint comparison or prior contact with the center, to the same individuals and for the same purposes as described in subparagraph (a)(l)(A) and (a)(l)(B) of this Code section and may charge fees as needed to reimburse such agency for any costs of providing the disseminations.
(g) The council is empowered to adopt rules, regulations, and forms to implement this Code section and provide for security and privacy of information disseminated pursuant hereto, giving first priority to the criminal justice requirements of this article. Such rules may include requirements for users, audits of users, and such other procedures as may be necessary to prevent unauthorized use of criminal history record information and to ensure compliance with federal regulations.
(h) The council may adopt rules authorizing any local law enforcement agency to act as an agent for the center in receiving requests for information and disseminating information pursuant to such requests.",

WEDNESDAY, FEBRUARY 3, 1988

417

and inserting in lieu thereof a new Code Section 35-3-34 to read as follows:
"35-3-34. (a) The center shall be authorized to:
(1) Make criminal history records maintained by the center available to private persons and businesses under the following conditions:
(A) Private individuals and businesses requesting criminal history records shall, at the time of the request, provide the fingerprints of the person whose records are requested or provide a signed and notarized consent of the person whose records are requested on a form prescribed by the center which shall include such person's full name, address, social security number, and date of birth; and
(B) The center may not provide records of arrests, charges, and sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications of guilt, except as specifically authorized by law; and
(2) Charge fees for disseminating records pursuant to this Code section which will raise an amount of revenue which approximates, as nearly as practicable, the direct and indirect costs to the state for providing such disseminations.
(b) In the event that an employment decision is made adverse to a person whose record was obtained pursuant to this Code section, the person will be informed by the business or person making the adverse employment decision of all information pertinent to that deci sion. This disclosure shall include information that a record was obtained from the center, the specific contents of the record, and the effect the record had upon the decision. Failure to provide all such information to the person subject to the adverse decision shall be a misdemeanor.
(c) Neither the center, its employees, nor any agency or employee of the state shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with the dissemination pursuant to this Code section and shall be immune from suit based upon any such claims.
(d) Local criminal justice agencies may disseminate criminal history records, without fingerprint comparison or prior contact with the center, to private individuals and busi nesses under the same conditions as set forth in paragraph (1) of subsection (a) of this Code section and may charge fees as needed to reimburse such agencies for their direct and indi rect costs related to the providing of such disseminations.
(e) The council is empowered to adopt rules, regulations, and forms necessary to imple ment this Code section."
Section 2. Said article is further amended by striking in its entirety Code Section 35-335, relating to the dissemination of records by center and local criminal justice agencies to state agencies or political subdivisions thereof and to federal agencies, which reads as follows:
"35-3-35. (a) The center shall be authorized to:
(1) Make records of adjudications of guilt available to any other agency of this state or political subdivision of this state or to any federal agency as follows:
(A) Make available to public agencies, political subdivisions, authorities and instrumen talities, state or federal, or their designated representatives, for the purpose of making em ployment and job assignment decisions, records of employees or prospective employees whose duties involve or may involve:
(i) Working in or near private dwellings or public buildings and facilities without imme diate supervision;
(ii) Custody or control over or access to cash or valuable items;

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(iii) Knowledge of or access to secret processes or confidential governmental informa tion; or
(iv) Ensuring the security or safety of other employees, the general public, or property of the state or federal political subdivisions, authorities, and instrumentalities;
(B) Make available to appropriate counsel or representatives designated by the state, a political subdivision, authority, or instrumentality thereof, or to any federal agency records of persons apprehended for or suspected of a specific criminal act or acts of which such state, political subdivision, authority or instrumentality thereof, or federal agency or an em ployee thereof or member of the general public at such institution or agency in the course of his employment or by reason of his presence at the institution or agency is a victim;
(2) Charge fees for disseminating records pursuant to this Code section, which fees will raise an amount of revenue which approximates, as nearly as practicable, the direct and indirect costs to the state of providing such disseminations.
(b) Any dissemination of any information obtained pursuant to this Code section to any person not specifically authorized to receive it or any use of any information obtained pur suant to this Code section for any purpose other than the purpose for which it was obtained shall constitute a violation of Code Section 35-3-38.
(c) Information disseminated pursuant to subparagraph (a)(l)(A) of this Code section shall be available only to persons involved in the hiring, background investigation, or job assignment of the person whose record is disseminated.
(d) In the event that a decision is made adverse to a person whose record was obtained pursuant to this Code section, the person will be informed by the state agency, political subdivision, federal agency, or person making the adverse decision of all information perti nent to this decision. This shall include information that a record was obtained from the center, the specific contents of the record, and the effect that the record had upon the decision.
(e) Information disseminated pursuant to subparagraph (a)(l)(B) of this Code section shall be available only to persons involved in deciding whether or not to prefer charges against the person whose record is disseminated or persons engaged in the investigation of such specific criminal act or acts.
(f) Neither the center, its employees, nor any other agency or employee of the state shall be responsible for the accuracy of information or have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information pursuant to this Code section.
(g) The center shall disseminate records pursuant to subparagraph (a)(l)(A) of this Code section only upon positive identification by fingerprint comparison. The center shall disseminate records pursuant to subparagraph (a)(l)(B) of this Code section on fingerprint identification; and when fingerprints are unavailable or time prohibits the use of finger prints for identification, identification may be made through the use of the name, date of birth, sex, and race of the person, with appropriate qualifications.
(h) Local criminal justice agencies may disseminate records of adjudication of guilt, without fingerprint comparison or prior contact with the center, to the same individuals and for the same purposes as described in subparagraphs (a)(l)(A) and (a)(l)(B) of this Code section and may charge fees as needed to reimburse such agency for any costs of providing the disseminations.
(i) The council is empowered to adopt rules, regulations, and forms to implement this Code section and provide for security and privacy of information disseminated pursuant hereto, giving first priority to the criminal justice requirements of this article. Such rules may include requirements for users, audits of users, and such other procedures as may be necessary to prevent unauthorized use of criminal history record information and to ensure compliance with federal regulations.

WEDNESDAY, FEBRUARY 3, 1988

419

(j) The council may adopt rules authorizing any local law enforcement agency to act as an agent for the center in receiving requests for information and disseminating information pursuant to such requests.",
and inserting in lieu thereof a new Code Section 35-3-35 to read as follows:
"35-3-35. (a) The center shall be authorized to:
(1) Make criminal history records maintained by the center available to public agencies, political subdivisions, authorities, and instrumentalities, including state or federal licensing and regulatory agencies or their designated representatives, under the following conditions:
(A) Public agencies or political subdivisions shall, at the time of the request, provide the fingerprints of the person whose records are requested or provide a signed and notarized consent of the person whose records are requested on a form prescribed by the center which shall include such person's full name, address, social security number, and date of birth; and
(B) The center may not provide records of arrests, charges, or sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications of guilt, except as specifically authorized by law; and
(2) Charge fees for disseminating records pursuant to this Code section which will raise an amount of revenue which approximates, as nearly as practicable, the direct and indirect costs to the state for providing such disseminations.
(b) In the event an employment or licensing decision is made adverse to a person whose record was obtained pursuant to this Code section, the person will be informed by the pub lic agency, political subdivision, authority or instrumentality, or licensing or regulatory agency making the adverse employment decision of all information pertinent to that deci sion. This disclosure shall include information that a record was obtained from the center, the specific contents of the record, and the effect the record had upon the decision. Failure to provide all such information to the person subject to the adverse decision shall be a misdemeanor.
(c) Neither the center, its employees, nor any agency or employee of the state shall be responsible for the accuracy of information disseminated nor have any liability for defama tion, invasion of privacy, negligence, nor any other claim in connection with any dissemina tion pursuant to this Code section and shall be immune from suit based upon such claims.
(d) Local criminal justice agencies may disseminate criminal history records to public agencies, political subdivisions, authorities, and instrumentalities, including state or federal licensing and regulatory agencies under the same conditions as set forth in paragraph (1) of subsection (a) of this Code section and may charge fees as necessary to reimburse such agencies for their direct and indirect costs associated with providing such disseminations.
(e) The council is empowered to adopt rules, regulations, and forms necessary to imple ment this Code section."
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 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:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Land McKenzie

Newbill Perry Phillips Ragan of 10th Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Voting in the negative were Senators Langford and Peevy.

Those not voting were Senators:

Broun (excused) Bryant Engram

Kennedy (presiding) McGill Olmstead

Ragan of 32nd Scott of 2nd

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 general bill of the House, having been read the third time on January 11, 1988, and committed to the Senate Committee on Insurance, and favorably reported by the committee, was put upon its passage:

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.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Insurance offered the following substitute to HB 507:

A BILL
To be entitled an Act 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; to provide for a short title; to provide for legislative intent; to define certain terms; to provide standards for preferred provider ar rangements; to require certain provisions regarding emergency care, benefit levels, and dif ferences in benefit levels to be included in policies or subscriber certificates; to authorize health care insurers to place reasonable limits on the number or classes of preferred provid ers which satisfy the standards of such insurer under a health benefit plan subject to the approval of the Commissioner of Insurance; to provide for the opportunity of health care providers to participate in preferred provider arrangements; to prohibit discrimination against providers; to require health care insurers to comply with certain provisions of law

WEDNESDAY, FEBRUARY 3, 1988

421

and rules and regulations; to provide for the promulgation of rules and regulations by the Commissioner of Insurance; to provide for other matters relative to the foregoing; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, is amended by designating Code Sections 33-30-1 through 33-30-11 as Article 1 and by adding a new Article 2 to read as follows:
"ARTICLE 2
33-30-20. This article shall be known and may be cited as the 'Preferred Provider Ar rangements Act.'
33-30-21. It is the intent of the General Assembly to encourage health care cost contain ment while preserving quality of care by allowing health care insurers to enter into preferred provider arrangements and by establishing minimum standards for preferred provider ar rangements and the health benefit plans associated with those arrangements.
33-30-22. As used in this article, the term:
(1) 'Emergency care' means covered services included in a preferred provider arrange ment provided to a person after the sudden onset of a medical condition manifested by symptoms of such severity that the failure to provide immediately such services could rea sonably be expected to result in:
(A) Placing the patient's health in jeopardy;
(B) Impairment to bodily functions; or
(C) Dysfunction of any bodily organ or part.
(2) 'Health benefit plan' means the health insurance policy or subscriber agreement between the covered person or the policyholder and the health care insurer which defines the covered services and benefit levels available.
(3) 'Health care insurer' means an insurer, a fraternal benefit society, a health care plan, a nonprofit medical service corporation, nonprofit hospital service corporation, or a health maintenance organization authorized to sell accident and sickness insurance policies, subscriber certificates, or other contracts of insurance by whatever name called under this title.
(4) 'Health care provider' means any person duly licensed or legally authorized to pro vide health care services.
(5) 'Health care services' means services rendered or products sold by a health care provider within the scope of the provider's license or legal authorization. The term includes, but is not limited to, hospital, medical, surgical, dental, vision, chiropractic, psychological, and pharmaceutical services or products.
(6) 'Preferred provider' means a health care provider or group of providers who have contracted to provide specified covered services.
(7) 'Preferred provider arrangement' means a contract between or on behalf of the health care insurer and a preferred provider which complies with all the requirements of this article.
33-30-23. (a) Notwithstanding any provisions of law to the contrary, any health care insurer may enter into preferred provider arrangements as provided in this article. Such arrangements shall:
(1) Establish the amount and manner of payment to the preferred provider;
(2) Include fair, reasonable, and equitable mechanisms for the assignment and payment of benefits to nonpreferred providers; and

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(3) (A) Include mechanisms which are designed to minimize the cost of the health bene fit plan such as the review or control of utilization of health care services.
(B) Include procedures for determining whether health care services rendered are medi cally necessary.
(b) Such arrangements shall not:
(1) Unfairly deny health benefits for medically necessary covered services;
(2) Have differences in benefit levels payable to preferred providers compared to other providers which unfairly deny benefits for covered services;
(3) Have differences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers which differ by more than 20 percentage points;
(4) Have a coinsurance percentage applicable to benefit levels for services provided by nonpreferred providers which exceeds 30 percent of the benefit levels under the policy for such services; and
(5) Have an adverse effect on the availability or the quality of services.
(c) Notwithstanding the provisions of paragraphs (3) and (4) of subsection (b) of this Code section, health benefit plans providing incentives for covered persons to use pharma ceutical or dental services of preferred providers shall contain a provision which clearly identifies that the payment or reimbursement for a noncontracting provider of covered pharmaceutical or dental services shall be the same as the payment or reimbursement for a preferred provider of covered pharmaceutical or dental services; provided, however, the health benefit plan shall not be required to make payment or reimbursement in an amount which is greater than the actual fee charged by the provider for the dental or pharmaceuti cal services rendered.
(d) If an entity enters into a contract providing covered services with a health care provider, but is not engaged in activities which would require it to be licensed as a health care insurer, such entity shall file with the Commissioner information describing its activi ties and a description of the contract or agreement it has entered into with the health care providers. Employers who enter into contracts with health care providers for the exclusive benefit of their employees and dependents are exempt from this requirement.
33-30-24. Health care insurers may issue health benefit plans which provide for incen tives for covered persons to use the health care services of preferred providers. Such policies or subscriber certificates shall contain at least the following provisions:
(1) A provision that if a covered person receives emergency care for services specified in the preferred provider arrangement and cannot reasonably reach a preferred provider, that emergency care rendered during the course of the emergency will be paid for in accordance with the terms of the health benefit plan, at benefit levels at least equal to those applicable to treatment by preferred providers for emergency care in an amount based on the usual, customary, and reasonable charges in the area where the treatment is provided; and
(2) A provision which clearly identifies the differences in benefit levels for health care services of preferred providers and benefit levels for health care services of nonpreferred providers.
33-30-25. Subject to the approval of the Commissioner under such procedures as he may develop, health care insurers may place reasonable limits on the number or classes of preferred providers which satisfy the standards set forth by the health care insurer, pro vided that there be no discrimination against providers on the basis of religion, race, color, national origin, age, sex, or marital or corporate status, and provided, further, that all health care providers within any defined service area who are licensed and qualified to render the services covered by the preferred provider arrangement and who satisfy the standards set forth by the health care insurer shall be given the opportunity to apply and to become a preferred provider.

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33-30-26. Health care insurers as defined in this article shall be subject to and shall be required to comply with all other applicable provisions of this title and rules and regulations promulgated pursuant to this title.
33-30-27. The Commissioner shall promulgate all rules and regulations necessary or ap propriate to the administration and enforcement of this article."
Section 2. This Act shall apply to any health benefit plan issued, delivered, issued for delivery, or renewed on or after January 1, 1989.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Allgood of the 22nd moved that HB 507 be committed to the Senate Commit tee on Insurance.

On the motion, Senator Kidd of the 25th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Bowen Brannon Coleman Dawkins Deal Dean Echols English

Foster Garner Harris Hine Howard Johnson Langford McGill McKenzie Peevy

Perry Ragan of 10th Ray Scott of 2nd Scott of 36th Starr Tate Timmons Turner Walker

Those voting in the negative were Senators:

Baldwin Burton Coverdell Crumbley Edge

Fincher Hudgins Huggins Kidd Land

Phillips Ragan of 32nd Shumake Taylor Tysinger

Those not voting were Senators:

Barnes Broun (excused) Bryant Engram

Gillis Harrison Kennedy (presiding)

Newbill Olmstead Stumbaugh

On the motion, the yeas were 31, nays 15; the motion prevailed, and HB 507 was com mitted to the Senate Committee on Insurance.

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 12:13 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Thursday, February 4, 1988 Sixteenth Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Land of the 16th reported that the Journal of yesterday's proceedings had been read and found correct.
Senator Barnes of the 33rd moved that the Senate reconsider its action of February 3 in defeating the following resolution of the Senate:
SR 270. By Senators Foster of the 50th, Barnes of the 33rd, McKenzie of the 14th and others: A resolution proposing an amendment to the Constitution so as to provide for the office of commissioner of education in place of the office of State School Su perintendent and for the appointment of said commissioner of education by the State Board of Education and for other matters relative to the foregoing; to pro vide for the submission of this amendment for ratification or rejection.
On the motion, the yeas were 30, nays 0; the motion prevailed, and SR 270 was recon sidered and placed at the foot of the Senate Calendar for today.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1184. By Representative Selman of the 32nd: A bill to amend an Act establishing a charter for the City of Fairburn, so as to change the corporate limits of such municipality.
HB 1474. By Representative Hooks of the 116th: A bill to create the Sumter County Public School System by merging and consol idating the county school system of Sumter County and the independent school system of the City of Americus; to create the board of education for the Sumter County Public School System.
HB 1551. By Representative Royal of the 144th: A bill to amend an Act creating the State Court of Mitchell County, so as to change the provisions relating to the compensation of the Judge and Solicitor of said court.
HB 1555. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to provide for the compensation of the members and chairman of the Board of Education of Rockdale County.

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HB 1511. By Representatives Lane of the 27th, Selman of the 32nd, Davis of the 29th, Adams of the 36th, Greer of the 39th and others:
A bill to provide an exemption for the full value of the homestead from all ad valorem taxes levied for Fulton County government purposes for each resident of Fulton County who is 70 years of age or over or disabled if the resident's gross income together with the gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act.
HB 1556. By Representatives Selman of the 32nd, Couch of the 40th and Lane of the 27th:
A bill to amend Code Section 33-16-14 of the Official Code of Georgia Annotated, relating to the maximum amount of insurance that a farmers' mutual fire insur ance company may retain on a subject of insurance exposed to loss from the same fire, so as to increase the maximum limits of risk and for other purposes.
HB 1470. By Representative Jackson of the 9th:
A bill to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions and motor vehicles and traffic, so as to provide a definition for all-terrain vehicles; to exclude mopeds and all-terrain vehicles for the defini tion of motorcycles.
HB 1468. By Representative Jackson of the 9th:
A bill to amend Article 11 of Chapter 6 Title 40 of the Official Code of Georgia Annotated, relating to rules of the road, so as to make it unlawful to operate allterrain vehicles on any public road.
HB 1217. By Representatives Childers of the 15th, Richardson of the 52nd, Selman of the 32nd, McKelvey of the 15th and Smith of the 16th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to authorize the Division of Rehabilitation Services of the Department of Human Resources to establish a personal attendant care pro gram for disabled adults; to provide a short title.
HB 1496. By Representatives Kilgore of the 42nd, Harris of the 84th, Watson of the 114th and Watts of the 41st:
A bill to amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to operators of billiard rooms, so as to provide that the county governing authority, rather than the tax collector or tax commissioner, shall have the power to license the operation of billiard rooms in counties.
HB 1396. By Representative Alien of the 127th:
A bill to amend Code Section 5-5-40 of the Official Code of Georgia Annotated, relating to motions for a new trial, so as to provide that where the grounds of the motion require consideration of the transcript of evidence or proceedings, the court shall, except in cases where the death penalty is imposed, grant an exten sion of time of at least 90 days for the preparation and filing of the transcript.
HB 1391. By Representatives Oliver of the 53rd, Porter of the 119th and Lawson of the 9th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to change the amount of unpaid judgments below which postjudgment interrogatories may be profounded; to provide for a fee for hearing an application for the issuance of a bad check citation.

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HB 1239. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Childers of the 15th: A bill to amend Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals by the Board of Medical Assis tance, so as to authorize the commissioner of medical assistance to remand, re verse, or modify the final administrative recommendations of his appointees in hearings for recipients; to unify and clarify the appeals procedures for applicants for and recipients of medical assistance.
HB 1371. By Representatives Smyre of the 92nd, Smith of the 152nd, Childers of the 15th, Benefield of the 72nd, Lawson of the 9th and others: A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to create the Commission of Children and Youth.
HB 1231. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Pettit of the 19th, Robinson of the 96th and others: A bill to amend Article 1 of Chapter 2 of Title 9 of the Official Code of Georgia Annotated, relating to civil actions in general, so as to provide that a court of record may, under the doctrine of forum non conveniens, decline to exercise ju risdiction over a civil action brought by a person who is not a resident of this state upon a cause of action originating outside of this state.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 549. By Representatives Triplett of the 128th, Murphy of the 18th, Floyd of the 154th and Dixon of the 151st: A resolution designating the Kenneth McCarthy Bridge.
HR 578. By Representatives Colwell of the 4th, McCoy of the 1st, Foster of the 6th and Snow of the 1st: A resolution authorizing the conveyance of certain state owned property located in Hamilton County, Tennessee, to Hamilton County, Tennessee, and the City of Chattanooga, Tennessee (a portion of which is subject to a lease with the Norfolk Southern Railway Company).
HR 591. By Representatives Colwell of the 4th, Jackson of the 9th, Johnson of the 72nd and Foster of the 6th: A resolution authorizing the leasing of certain state owned property located in the City of Atlanta, Fulton County, Georgia.
HR 620. By Representatives Colwell of the 4th, Murphy of the 18th, Jackson of the 9th, Wood of the 9th, McCoy of the 1st and others: A resolution designating the Forest Hays, Jr., Correctional Institution.
The House has agreed to the Senate amendment to the following bill of the House:
HB 1206. By Representatives Hamilton of the 124th, Triplett of the 128th, Pannell of the 122nd, Kingston of the 125th and Johnson of the 123rd: A bill to provide for a homestead exemption of $30,000.00 from all City of Savan nah ad valorem taxes for each resident of said city who is 65 years of age or over or who is totally disabled if such resident's net income does not exceed $10,000.00.

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The House has passed by the requisite constitutional majority the following bills of the House:
HB 1459. By Representatives Bostick of the 138th, Branch of the 137th, Sizemore of the 136th, Hudson of the 117th and Carter of the 146th:
A bill to authorize the governing authorities of the counties comprising the Tifton Judicial Circuit to provide for supplemental compensation for the judges of the superior court in the Tifton Judicial Circuit.
HB 1326. By Representatives Lee of the 72nd and Patten of the 149th:
A bill to amend Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to qualifying fees for party and public offices, so as to change the provi sions relating to the distribution of qualifying fees paid to county and state polit ical parties.
HB 228. By Representative Hamilton of the 124th:
A bill to amend Code Section 35-3-80 of the Official Code of Georgia Annotated, relating to definitions relative to the Missing Children Information Center, so as to change the age used in defining a missing child.
HB 1435. By Representative McDonald of the 12th:
A bill to amend Code Section 53-8-2 of the Official Code of Georgia Annotated, relating to the standard for investments by executors and trustees, so as to change certain provisions relating to the definition of a prudent person; to change the factors that the fiduciary may consider in making investment deci sions; to provide that individual investments shall be considered as a part of an overall investment strategy.
HB 1454, By Representative Randall of the 101st:
A bill to amend Code Section 43-3-38 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Accountancy, so as to continue that board but provide for the later termination of the board and the repeal of the laws relating thereto.
HB 1401. By Representatives Jamieson of the llth, Reaves of the 147th, Porter of the 119th, Barnett of the 10th, Parham of the 105th and others:
A bill to amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional powers and duties of the State Soil and Water Conserva tion Committee, so as to authorize the committee to enter into certain contracts and agreements and to receive certain grants.
HB 1402. By Representatives Jamieson of the llth, Reaves of the 147th, Porter of the 119th, Barnett of the 10th, Parham of the 105th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, Title 12 of the Official Code of Georgia Annotated, relating to conser vation and natural resources, and Title 45 of the Official Code of Georgia Anno tated, relating to public officers and employees, so as to change the name of the State Soil and Water Conservation Committee to the State Soil and Water Con servation Commission.
HB 1357. By Representative Barnett of the 10th:
A bill to amend Code Section 36-1-21 of the Official Code of Georgia Annotated, relating to civil service systems for county employees, so as to change the provi sions describing the relationship of such law to certain constitutional amend-

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ments and laws adopted pursuant to the authority of such constitutional amendments.
HB 1503. By Representatives Alford of the 57th, Waddle of the 113th, Heard of the 43rd, Jamieson of the llth, Hensley of the 20th and others: A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to continue the State Board of Registration for Professional Engineers and Land Surveyors and pro vide for its later termination.
HB 1273. By Representatives Rainey of the 135th, Moody of the 153rd, Twiggs of the 4th, Watts of the 41st, Holcomb of the 72nd and others: A bill to amend Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to provide for the regulation of dangerous dogs.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 579. By Representatives Jamieson of the llth and Dover of the llth: A resolution authorizing the lease of a certain tract of state owned property.
HR 653. By Representatives Foster of the 6th, Griffin of the 6th and Ramsey of the 3rd: A resolution authorizing the release of certain restrictions and limitations on use of real property contained in the October 3, 1985, quitclaim deed from the State of Georgia to the City of Dalton, Georgia.
HR 661. By Representatives Rainey of the 135th, Mangum of the 57th, Murphy of the 18th, Walker of the 115th, Groover of the 99th and others: A resolution urging the United States Congress to take certain action with re spect to federal excise taxation of motor fuel.
HR 585. By Representative Langford of the 7th: A resolution authorizing the conveyance of certain state owned real property lo cated in Gordon County, Georgia, to Mr. Clifford W. Smith.
The House has adopted the following resolution of the House:
HR 738. By Representatives Johnson of the 123rd, Kilgore of the 42nd, Reaves of the 147th, Long of the 142nd, Couch of the 40th and others: A resolution relative to the "Good Eating in Georgia" menu.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 596. By Senators Newbill of the 56th, Engram of the 34th, Shumake of the 39th and Coverdell of the 40th: A bill to amend Code Section 36-67-6 of the Official Code of Georgia Annotated, relating to zoning proposal record and analysis review at hearing or meeting, so as to provide for a two-thirds' vote under certain conditions by the governing authority of a county or municipality in order to approve a zoning proposal.
Referred to Committee on Urban and County Affairs (General).

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429

SB 597. By Senators Barnes of the 33rd and Ray of the 19th:
A bill to amend Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste management, so as to expand the defini tion of "project"; to provide for certain powers and authorities of the Depart ment of Natural Resources relative to the Georgia Hazardous Waste Manage ment Authority; to limit certain liability of the members and officers and employees of the authority. Referred to Committee on Natural Resources.
SB 598. By Senator Peevy of the 48th:
A bill to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, so as to require preliminary notice of lien prior to filing a claim of certain liens. Referred to Committee on Industry and Labor.
SB 599. By Senator Peevy of the 48th:
A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft offenses, so as to change certain provisions relating to the crime of theft by conversion to include conversion of leased personal prop erty; to repeal certain provisions relating to the offense of conversion of leased personal property. Referred to Committee on Special Judiciary.
SB 600. By Senator Timmons of the llth:
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 provide that all rebates on merchandise offered for sale in this state shall be redeemable at the point of purchase; to provide for definitions; to provide for all related matters. Referred to Committee on Consumer Affairs.
SB 601. By Senator Baldwin of the 29th:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, so as to provide that group conversion policies and major medical policies may contain a provision relating to insurance with other insurers. Referred to Committee on Insurance.
SB 602. By Senators Burton of the 5th, Tysinger of the 41st, Howard of the 42nd and others:
A bill to amend Code Section 15-12-11 of the Official Code of Georgia Annotated, relating to appointment of jury clerks and other personnel in counties having populations in excess of a certain amount, so as to change the population level at which such Code section applies; to provide for related matters; to provide an effective date. Referred to Committee on Judiciary.
SB 603. By Senator Bowen of the 13th:
A bill to amend an Act creating the board of commissioners of Irwin County, as amended, so as to create a five-member board of commissioners for Irwin County; to provide for the election of members; to provide for qualifications; to provide for terms of office; to provide for commissioner districts. Referred to Committee on Urban and County Affairs.

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SB 604. By Senator Harrison of the 37th:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, and Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group accident and sick ness insurance, so as to require coverage for human heart transplants and related expenses to be offered as part of or as an optional endorsement to individual or group benefit plans, policies, or contracts of accident and sickness insurance.
Referred to Committee on Insurance.
SB 605. By Senator Edge of the 28th:
A bill to amend Code Section 52-7-8 of the Official Code of Georgia Annotated, relating to classification of vessels and required equipment, so as to require that flotation devices be worn at all times by occupants of certain vessels; to provide for all related matters.
Referred to Committee on Public Safety.
SB 606. By Senator Edge of the 28th:
A bill to amend Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to estates, so as to provide for a uniform statutory rule against perpetu ities; to provide for a short title; to provide when a nonvested property interest or power of appointment is created; to provide for reformation of a disposition which violates the uniform statutory rule against perpetuities.
Referred to Committee on Special Judiciary.
SR 347. By Senators Barnes of the 33rd and Garner of the 30th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for additional penalties or fees in any case in any court in this state in which a person is charged with an offense against the criminal or traffic laws of this state or any ordinance of a political subdivision of this state; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Corrections.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 228. By Representative Hamilton of the 124th:
A bill to amend Code Section 35-3-80 of the Official Code of Georgia Annotated, relating to definitions relative to the Missing Children Information Center, so as to change the age used in defining a missing child.
Referred to Committee on Children and Youth.
HB 1217. By Representatives Childers of the 15th, Richardson of the 52nd, Selman of the 32nd and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to authorize the Division of Rehabilitation Services of the Department of Human Resources to establish a personal attendant care pro gram for disabled adults; to provide a short title.
Referred to Committee on Human Resources.

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HB 1231. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th and others:
A bill to amend Article 1 of Chapter 2 of Title 9 of the Official Code of Georgia Annotated, relating to civil actions in general, so as to provide that a court of record may, under the doctrine of forum non conveniens, decline to exercise ju risdiction over a civil action brought by a person who is not a resident of this state upon a cause of action originating outside of this state. Referred to Committee on Judiciary.
HB 1239. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Childers of the 15th:
A bill to amend Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals by the Board of Medical Assis tance, so as to authorize the commissioner of medical assistance to remand, re verse, or modify the final administrative recommendations of his appointees in hearings for recipients; to unify and clarify the appeals procedures for applicants for and recipients of medical assistance. Referred to Committee on Human Resources.
HB 1273. By Representatives Rainey of the 135th, Moody of the 153rd, Twiggs of the 4th and others:
A bill to amend Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to provide for the regulation of dangerous dogs. Referred to Committee on Public Safety.
HB 1326. By Representatives Lee of the 72nd and Patten of the 149th:
A bill to amend Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to qualifying fees for party and public offices, so as to change the provi sions relating to the distribution of qualifying fees paid to county and state polit ical parties. Referred to Committee on Governmental Operations.
HB 1357. By Representative Barnett of the 10th:
A bill to amend Code Section 36-1-21 of the Official Code of Georgia Annotated, relating to civil service systems for county employees, so as to change the provi sions describing the relationship of such law to certain constitutional amend ments and laws adopted pursuant to the authority of such constitutional amendments. Referred to Committee on Urban and County Affairs (General).
HB 1371. By Representatives Smyre of the 92nd, Smith of the 152nd, Childers of the 15th and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to create the Commission of Children and Youth. Referred to Committee on Children and Youth.
HB 1391. By Representatives Oliver of the 53rd, Porter of the 119th and Lawson of the 9th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to change the amount of unpaid judgments

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below which postjudgment interrogatories may be profounded; to provide for a fee for hearing an application for the issuance of a bad check citation. Referred to Committee on Special Judiciary.
HB 1396. By Representative Alien of the 127th:
A bill to amend Code Section 5-5-40 of the Official Code of Georgia Annotated, relating to motions for a new trial, so as to provide that where the grounds of the motion require consideration of the transcript of evidence or proceedings, the court shall, except in cases where the death penalty is imposed, grant an exten sion of time of at least 90 days for the preparation and filing of the transcript. Referred to Committee on Judiciary.
HB 1401. By Representatives Jamieson of the llth, Reaves of the 147th, Porter of the 119th and others:
A bill to amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional powers and duties of the State Soil and Water Conserva tion Committee, so as to authorize the committee to enter into certain contracts and agreements and to receive certain grants. Referred to Committee on Natural Resources.
HB 1402. By Representatives Jamieson of the llth, Reaves of the 147th, Porter of the 119th, Barnett of the 10th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, Title 12 of the Official Code of Georgia Annotated, relating to conser vation and natural resources, and Title 45 of the Official Code of Georgia Anno tated, relating to public officers and employees, so as to change the name of the State Soil and Water Conservation Committee to the State Soil and Water Con servation Commission. Referred to Committee on Natural Resources.
HB 1435. By Representative McDonald of the 12th:
A bill to amend Code Section 53-8-2 of the Official Code of Georgia Annotated, relating to the standard for investments by executors and trustees, so as to change certain provisions relating to the definition of a prudent person; to change the factors that the fiduciary may consider in making investment deci sions; to provide that individual investments shall be considered as a part of an overall investment strategy. Referred to Committee on Banking and Finance.
HB 1454. By Representative Randall of the 101st:
A bill to amend Code Section 43-3-38 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Accountancy, so as to continue that board but provide for the later termination of the board and the repeal of the laws relating thereto. Referred to Committee on Governmental Operations.
HB 1459. By Representatives Bostick of the 138th, Branch of the 137th, Sizemore of the 136th, Hudson of the 117th and Carter of the 146th:
A bill to authorize the governing authorities of the counties comprising the Tifton Judicial Circuit to provide for supplemental compensation for the judges of the superior court in the Tifton Judicial Circuit. Referred to Committee on Judiciary.

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433

HB 1468. By Representative Jackson of the 9th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to rules of the road, so as to make it unlawful to operate allterrain vehicles on any public road. Referred to Committee on Transportation.
HB 1470. By Representative Jackson of the 9th:
A bill to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions and motor vehicles and traffic, so as to provide a definition for all-terrain vehicles; to exclude mopeds and all-terrain vehicles for the defini tion of motorcycles. Referred to Committee on Transportation.
HB 1496. By Representatives Kilgore of the 42nd, Harris of the 84th, Watson of the 114th and Watts of the 41st:
A bill to amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to operators of billiard rooms, so as to provide that the county governing authority, rather than the tax collector or tax commissioner, shall have the power to license the operation of billiard rooms in counties. Referred to Committee on Urban and County Affairs (General).
HB 1503. By Representatives Alford of the 57th, Waddle of the 113th, Heard of the 43rd and others:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to continue the State Board of Registration for Professional Engineers and Land Surveyors and pro vide for its later termination. Referred to Committee on Governmental Operations.
HB 1511. By Representatives Lane of the 27th, Selman of the 32nd, Davis of the 29th, Adams of the 36th, Greer of the 39th and others:
A bill to provide an exemption for the full value of the homestead from all ad valorem taxes levied for Fulton County government purposes for each resident of Fulton County who is 70 years of age or over or disabled if the resident's gross income together with the gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act. Referred to Committee on Urban and County Affairs.
HR 549. By Representatives Triplett of the 128th, Murphy of the 18th, Floyd of the 154th and Dixon of the 151st:
A resolution designating the Kenneth McCarthy Bridge. Referred to Committee on Transportation.
HR 578. By Representatives Colwell of the 4th, McCoy of the 1st, Foster of the 6th and Snow of the 1st:
A resolution authorizing the conveyance of certain state owned property located in Hamilton County, Tennessee, to Hamilton County, Tennessee, and the City of Chattanooga, Tennessee (a portion of which is subject to a lease with the Norfolk Southern Railway Company). Referred to Committee on Public Utilities.

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HR 579. By Representatives Jamieson of the llth and Dover of the llth: A resolution authorizing the lease of a certain tract of state owned property.
Referred to Committee on Public Utilities.
HR 585. By Representative Langford of the 7th: A resolution authorizing the conveyance of certain state owned real property lo cated in Gordon County, Georgia, to Mr. Clifford W. Smith.
Referred to Committee on Public Utilities.
HR 591. By Representatives Colwell of the 4th, Jackson of the 9th, Johnson of the 72nd and Poster of the 6th: A resolution authorizing the leasing of certain state owned property located in the City of Atlanta, Fulton County, Georgia.
Referred to Committee on Public Utilities.
HR 620. By Representatives Colwell of the 4th, Murphy of the 18th, Jackson of the 9th, Wood of the 9th, McCoy of the 1st and others: A resolution designating the Forest Hays, Jr., Correctional Institution.
Referred to Committee on Corrections.
HR 653. By Representatives Foster of the 6th, Griffin of the 6th and Ramsey of the 3rd: A resolution authorizing the release of certain restrictions and limitations on use of real property contained in the October 3, 1985, quitclaim deed from the State of Georgia to the City of Dalton, Georgia.
Referred to Committee on Public Utilities.
HR 661. By Representatives Rainey of the 135th, Mangum of the 57th, Murphy of the 18th, Walker of the 115th, Groover of the 99th and others: A resolution urging the United States Congress to take certain action with re spect to federal excise taxation of motor fuel.
Referred to Committee on Banking and Finance.
HB 1184. By Representative Selman of the 32nd: A bill to amend an Act establishing a charter for the City of Fairburn, so as to change the corporate limits of such municipality.
Referred to Committee on Urban and County Affairs.
HB 1474. By Representatives Thomas of the 69th, Cummings of the 17th and Murphy of the 18th: A bill to create the Sumter County Public School System by merging and consol idating the county school system of Sumter County and the independent school system of the City of Americus; to create the board of education for the Sumter County Public School System.
Referred to Committee on Urban and County Affairs.
HB 1551. By Representative Royal of the 144th: A bill to amend an Act creating the State Court of Mitchell County, so as to change the provisions relating to the compensation of the Judge and Solicitor of said court.
Referred to Committee on Urban and County Affairs.

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HB 1555. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to provide for the compensation of the members and chairman of the Board of Education of Rockdale County.
Referred to Committee on Urban and County Affairs.

HB 1556. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to increase the amount of the homestead exemption from Rockdale County ad valorem taxes and Rockdale County School District ad valorem taxes, except taxes levied to pay interest on and to retire bonded indebtedness, which applies to the homestead of each resident of Rockdale County actually occupied by the owner as a residence and homestead.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 743. Do pass by substitute.
Respectfully submitted,
Senator Langford of the 35th District, Chairman

Mr. President:

The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 458. Do pass.
Respectfully submitted,
Senator Bryant of the 3rd District, Chairman

Mr. President:

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

SB 473. Do pass. SB 490. Do pass. SB 491. Do pass.

SB 547. Do pass. HB 311. Do pass as amended.

Respectfully submitted, Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:

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SB 540. Do pass as amended. Respectfully submitted, Senator Stumbaugh of the 55th District, Chairman

Mr. President:

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

SB 556. Do pass. SB 557. Do pass. SR 301. Do pass.

HB 1203. Do pass. HB 1337. Do pass.

Respectfully submitted, Senator Deal of the 49th District, Chairman

Mr. President:

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

SB 453. Do pass by substitute.

HB 7. Do pass by substitute.

SB 503. Do pass.

HB 775. Do pass by substitute.

SB 518. Do pass.

HB 912. Do pass.

SB 550. Do pass.

HB 1139. Do pass.

SR 296. Do pass.

HB 1244. Do pass.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

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

SB 249. Do pass by substitute.

HB 357. Do pass.

SB 370. Do pass.

HB 358. Do pass.

HB 106. Do pass.

HB 458. Do pass.

HB 305. Do pass.

HB 718. Do pass.

HB 356. Do pass.

Respectfully submitted, Senator Timmons of the llth District, Chairman

Mr. President:

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

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437

HB 1560. 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 480. By Senators Tysinger of the 41st and Scott of the 2nd:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, so as to provide that certain state authorities may not sell real property without the prior approval of the General Assembly; to provide for a definition; to provide for other matters relative to the foregoing.

SB 484. By Senator Scott of the 2nd:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number "911" system, so as to provide that it shall be unlawful for any provider of any cellular radio telecommunications services to assess or charge any fee for an emergency tele phone call placed on a "911" emergency telephone system; to provide for applicability.

SB 500. By Senator Peevy of the 48th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions regarding penal institutions, so as to prohibit con struction of any jail, penal institution, or other correctional facility within a onemile radius of any public school in this state under certain circumstances; to pro vide an effective date.

SB 527. By Senators Hudgins of the 15th and Land of the 16th:
A bill to amend Code Section 31-3-4 of the Official Code of Georgia Annotated, relating to powers of county boards of health, so as to delete certain provisions restricting the power of boards of health of consolidated city-county governments with respect to the establishment and collection of fees for environmental health services.

SB 536. By Senators Deal of the 49th and Kennedy of the 4th:
A bill to amend Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to electric membership corporations and foreign electric co operatives, so as to permit officers and directors to rely upon a wider variety of professional and other opinions, reports, or statements in discharging their duties.

SB 542. By Senator Langford of the 35th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States de cennial census of 1960 or any future such census so as to change the jurisdiction of said court; to provide for all related matters; to provide for an effective date.

SB 545. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' li censes, so as to change the provisions relating to requirements for courts to send

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licenses and reports of convictions to the Department of Public Safety; to change the provisions relating to the payment of fees and the retention of fees.
SB 546. By Senators Dean of the 31st and Garner of the 30th:
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 provide for grants to municipal corporations and counties for jails and correctional institutions; to provide for confirmation and ratification of prior grants; to provide for coopera tive agreements between the department and municipal corporations and counties.
SB 559. By Senator Allgood of the 22nd:
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 automobile insurance poli cies that provide comprehensive coverage shall provide complete coverage for re pair or replacement of a certain damaged safety equipment without regard to any deductible or minimum amount; to provide for definitions.
SB 561. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to authorize a district attorney to petition the court for authority to deposit seized currency in an interest-bearing account in a financial institution; to provide for the payment of accrued interest on seized currency deposited in a financial institution.
SB 562. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to certain records to be kept by the Department of Public Safety, so as to provide that in response to a subpoena or upon the request of an appropriate governmental or judicial official, the Department of Public Safety shall provide a duly authenticated copy of any record or other document.
SB 563. By Senator Crumbley of the 17th:
A bill to amend Code Section 17-10-30 of the Official Code of Georgia Annotated, relating to the procedure for the imposition of the death penalty generally, so as to provide that the offense of murder committed against a person under the age of 17 years shall be considered an aggravating circumstance for which the death penalty may be imposed.
SB 564. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to change the definition of a certain term; to change the provisions relating to contributions made to candi date or campaign committee or for recall of a public officer; to change the provi sions relating to the campaign committee treasurer.
SB 576. By Senators Hudgins of the 15th, Barker of the 18th, Stumbaugh of the 55th and Howard of the 42nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to create the "Child Health Services Act".

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SB 582. By Senators Hudgins of the 15th and Land of the 16th: A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to change the composition of certain state Senate districts; to provide an effective date and for applicability.
SR 295. By Senators Turner of the 8th, Harris of the 27th, Tate of the 38th and others: A resolution urging Congress to take action extending the date for issuing Mort gage Revenue Bonds.
SR 316. By Senators Stumbaugh of the 55th, McKenzie of the 14th, Crumbley of the 17th and others: A resolution creating the Joint Study Committee on Automobile Insurance.
HB 369. By Representatives Langford of the 7th, Groover of the 99th, Bishop of the 94th and Randall of the 101st: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to laws applicable to the General Assembly, so as to recognize certain constitutional principles; to provide for findings and to make declarations in con nection with such principles; to establish rights relative to the practice of law by lawyers holding certain public offices.
HB 615. By Representatives Groover of the 99th, Chambless of the 133rd, Robinson of the 96th and Thomas of the 69th: A bill to amend Chapter 3 of Title 15 of the Official Code of Georgia Annotated, relating to the Court of Appeals, so as to authorize the Court of Appeals to estab lish by rule a preappeal settlement conference procedure.
HB 1102. By Representatives Barnett of the 59th, Bannister of the 62nd, Goodwin of the 63rd 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 then 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 1192. By Representative Wall of the 61st: A bill to amend Code Section 36-9-3 of the Official Code of Georgia Annotated, relating to the procedure for the sale or disposition of county real property gener ally, so as to exempt the transfer of recreational set-aside property to certain homeowners' associations.
HB 1193. By Representatives Lane of the 27th, Selman of the 32nd, Adams of the 36th and others: A bill to amend Code Section 50-8-84 of the Official Code of Georgia Annotated, relating to the composition of metropolitan area planning and development com missions for metropolitan areas of this state having a population of more than 1,000,000 according to the United States decennial census of 1970 or any future such census, so as to provide for an additional member of such an area planning and development commission.
HB 1212. By Representative Buck of the 95th: 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-

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thorize the State Personnel Board to contract with the Peace Officers' Annuity and Benefit Fund of Georgia and the Georgia Firemen's Pension Fund for the inclusion in the health insurance plan of employees of such funds and their spouses and dependent children.

HB 1226. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th and others:
A bill to amend Code Section 16-12-100 of the Official Code of Georgia Anno tated, relating to sexual exploitation of children and sexually explicit conduct, so as to change the provisions relating to penalties.

HB 1241. By Representatives Twiggs of the 4th, Hanner of the 131st, Coleman of the 118th and Ramsey of the 3rd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to provide for the appointment of an executive director of the Georgia Peace Officer Standards and Training Council.

HB 1260. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Royal of the 144th:
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 create the Office of Rural Development within the Department of Community Affairs.

HB 1285. By Representatives Barnett of the 10th, Twiggs of the 4th, Mobley of the 64th, Alford of the 57th and Jackson of the 83rd:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize public safety officers and employees of local political subdivisions to provide mutual aid during local emergencies and at other times under certain circumstances; to provide a short title.

HB 1304. By Representatives Jackson of the 9th, Barnett of the 10th, Bostick of the 138th 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 change the defini tion of a "used car dealer;" to change the composition of the State Board of Registration of Used Car Dealers.

HB 1334. By Representatives Jackson of the 9th and Johnson of the 72nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to authorize the department to correct records which contain improper, false, fraudulent, or invalid information.

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

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton

Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Foster Garner Gillis Harris Hine Huggins Johnson Kennedy Kidd

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441

Land McGill McKenzie -NVTewibi.-l11l Olmstead Peevy
Perry

Phillips Ragan of 10th Ragan of 32nd iR~, ay Scott of 2nd Shumake
Starr

Stumbaugh Taylor Timmons
! 111111HJHH
Turner Tysinger Walker

Those not answering were Senators:

Broun (excused) Engram Fincher

Harrison Howard Hudgins

Langford Scott of 36th Tate

Senator Burton of the 5th introduced the chaplain of the day, Reverend Ferrell Drummond, pastor of Briarcliff United Methodist Church, who offered scripture reading and prayer.

Senators Johnson of the 47th and Kennedy of the 4th introduced the family of Honora ble M. Parks Brown, the late Senator from the 47th District, to whom tribute was paid by SR 343, adopted previously.

Senator Allgood of the 22nd introduced the Georgia State University Law School moot court team who were commended by SR 338, adopted previously.

Senator Fincher of the 54th introduced Academic Scholars and Chancellor Propst of the University System, who were commended by SR 345.

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

SR 344. By Senator Bowen of the 13th: A resolution commending the Worth County High School "Rams" football team.

SR 345. By Senator Fincher of the 54th:
A resolution commending the University System of Georgia Outstanding Schol ars on Academic Recognition Day.

SR 346. By Senator Engram of the 34th: A resolution commending Rebecca Trued.

SR 348. By Senators Bowen of the 13th, Timmons of the llth, Turner of the 8th and McKenzie of the 14th:
A resolution commending Trooper First Class D. E. Scarbrough.

SR 349. By Senator Edge of the 28th:
A resolution recognizing and commending the students, faculty, and staff of Newnan High School.

SR 351. By Senators Kennedy of the 4th, Allgood of the 22nd and Coverdell of the 40th: A resolution commending the Georgia Amateur Athletics Foundation.

SR 352. By Senator Ragan of the 32nd:
A resolution commending the Georgia Parent Teachers Association and its Presi dent, Georgianne B. Bearden.

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HR 738. By Representatives Johnson of the 123rd, Kilgore of the 42nd, Reaves of the 147th and others:
A resolution relative to the "Good Eating in Georgia" menu.

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

SENATE LOCAL CONSENT CALENDAR
Thursday, February 4, 1988 SIXTEENTH LEGISLATIVE DAY (The name listed with the bill is the Senator whose district is affected by the legislation.)

HB 1560 Harris, 27th Monroe County
Changes the terms of the members of the Board of Commissioners; provides for staggered terms.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Hine Howard Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Barnes Broun (excused)

Harrison Hudgins Scott of 36th

Shumake Taylor

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

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

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SENATE CALENDAR
Thursday, February 4, 1988 SIXTEENTH LEGISLATIVE DAY
SB 516 Court Bailiffs--compensation (Substitute) (S Judy--33rd) (Pursuant to Senate Rule 143, final passage of the bill was suspended.)
HB 713 Property Liens--Superfund Amendments, Reauthorization Act of 1986 (Substi tute) (I&L--52nd)
HR 372 Herman Eugene Talmadge Monument Commission--create (S Judy--17th) SB 544 Carnival Ride Safety Act--certificates of inspection (Substitute) (C Aff--35th) SB 424 Private College Grants--"full-time student" (H Ed--25th) SB 492 Appeals to Superior Court--trial by court without jury (Judy--52nd) SB 570 Agricultural Operations--provisions on treatment as nuisance (Ag--24th) HB 1229 Official Code of Georgia Annotated--correct certain errors (Amendment)
(Judy--49th) SR 270 Commissioner of Education--in place of School Superintendent (Ed--50th)

The following general bill of the Senate, having been read the third time on February 3, and final action suspended until today, pursuant to Senate Rule 143, was put upon its passage:

SB 516. By Senator Barnes of the 33rd:
A bill to amend Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to compensation of court bailiffs, so as to change the provisions relative to such compensation.

The substitute to SB 516 offered by Senators Edge of the 28th and Barnes of the 33rd, as it appears in the Journal of February 3, was automatically reconsidered and put upon its adoption.

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

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

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

English Engram Foster Harris Hine Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Starr Stumbaugh Tate

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Taylor Timmons

Turner

Walker

Voting in the negative were Senators Burton and Tysinger.

Those not voting were Senators:

Barker Barnes Brannon Broun (excused)

Fincher Garner Gillis Harrison

Howard Hudgins Scott of 36th

On the passage of the bill, the yeas were 43, nays 2.

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

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 713. By Representative Moultrie of the 93rd:
A bill to amend Part 10 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous liens, so as to provide for the filing of liens created pursuant to Section 107 (f) (3) of Title I of the federal Superfund Amendments and Reauthorization Act of 1986, P.L. 99-499, 100 STAT. 1613, 1630.
Senate Sponsor: Senator Hine of the 52nd.

The Senate Committee on Industry and Labor offered the following substitute to HB 713:

A BILL
To be entitled an Act to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to provide for the discharge of certain mechanics' or materialmen's liens; to provide for procedures; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, is amended by striking subsection (a) of Code Section 44-14-364, relating to the release of certain liens upon the filing of a bond, and inserting in its place a new subsection (a) to read as follows:
"(a) (1) Except as otherwise provided in paragraph (2) of this subsection, when any person entitled under this part to claim a line against any real estate located in this state files his lien in the office of the clerk of the superior court of the county in which the real estate is located, the owner of the real estate or the contractor employed to improve the property may, before or after foreclosure proceedings are instituted, discharge the lien by filing a bond in the office of that clerk. The bond shall be conditioned to pay to the holder of the lien the sum that may be found to be due the holder upon the trial of any action that may be filed by the lienholder to recover the amount of his claim within 12 months from the time the claim becomes due. The bond shall be in double the amount claimed under that lien and shall be either a bond with good security approved by the clerk of the court or a cash bond, except in cases involving a lien against residential property, in which event the bond shall be in the amount claimed under the lien. Upon the filing of the bond provided for in this Code section, the real estate shall be discharged from the lien. With respect to property bonds, the clerk shall not accept any real property bond unless the real property is

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scheduled in an affidavit attached thereto setting forth a description of the property and indicating the record owner thereof, including any liens and encumbrances and amounts thereof, the market value, and the value of the sureties' interest therein, which affidavit shall be executed by the owner or owners of the interest; the bond and affidavit shall be recorded in the same manner and at the same cost as other deeds of real property. So long as the bond exists, it shall constitute a lien against the property described in the attached affidavit.
(2) When any person entitled under this part to claim a lien against any real estate located in this state files his lien in the office of the clerk of the superior court of the county in which the real estate is located, the owner of the real estate may discharge such lien by paying the amount of such lien, in cash or cash equivalents, including, but not limited to certificates of deposit or treasury certificates which are payable to the clerk, to such clerk. Such payment shall be held by such clerk under the condition that it be paid over to the holder of the lien upon judgment in favor of such lienholder in any action that may be filed by such lienholder to recover the amount of his claim within 12 months from the time the claim becomes due or if such case is otherwise disposed of in favor of the lienholder. If such judgment is rendered in favor of the owner of the real estate or if the case is otherwise disposed of in favor of such owner, such amount shall be returned to such owner. Upon the payment of such amount to such clerk as provided for in this paragraph, the real estate shall be discharged from the lien.
Section 2. 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.
Senators Hine of the 52nd, Deal of the 49th and Peevy of the 48th offered the following substitute to HB 713:
A BILL
To be entitled an Act to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to provide for then discharge of certain mechanics' or materialmen's liens; to provide for procedures; to provide that the filing of a bond shall not deprive the bondholder of any defenses that would have been available had no bond been filed; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, is amended by striking Code Section 4414-364, relating to the release of certain liens upon the filing of a bond, and inserting in its place a new Code Section 44-14-364 to read as follows:
"44-14-364. (a) (1) Except as otherwise provided in paragraph (2) of this subsection, when any person entitled under this part to claim a lien against any real estate located in this state files his lien in the office of the clerk of the superior court of the county in which the real estate is located, the owner of the real estate or the contractor employed to improve the property may, before or after foreclosure proceedings are instituted, discharge the lien by filing a bond in the office of that clerk. The bond shall be conditioned to pay to the holder of the lien the sum that may be found to be due the holder upon the trial of any action that may be filed by the lienholder to recover the amount of his claim within 12 months from the time the claim becomes due. The bond shall be in double the amount claimed under that lien and shall be either a bond with good security approved by the clerk of the court or a cash bond, except in cases involving a lien against residential property, in which event the bond shall be in the amount claimed under the lien. Upon the filing of the bond provided for in this Code section, the real estate shall be discharged from the lien. With respect to property bonds, the clerk shall not accept any real property bond unless the

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real property is scheduled in an affidavit attached thereto setting forth a description of the property and indicating the record owner thereof, including any liens and encumbrances and amounts thereof, the market value, and the value of the sureties' interest therein, which affidavit shall be executed by the owner or owners of the interest; the bond and affidavit shall be recorded in the same manner and at the same cost as other deeds of real property. So long as the bond exists, it shall constitute a lien against the property described in the attached affidavit.
(2) When any person entitled under this part to claim a lien against any real estate located in this state files his lien in the office of the clerk of the superior court of the county in which the real estate is located, the owner of the real estate may discharge such lien by paying the amount of such lien, in cash or cash equivalents, including, but not limited to certificates of deposit or treasury certificates which are payable to the clerk, to such clerk. Such payment shall be held by such clerk under the condition that it be paid over to the holder of the lien upon judgment in favor of such lienholder in any action that may be filed by such lienholder to recover the amount of his claim within 12 months from the time the claim becomes due or if such case is otherwise disposed of in favor of the lienholder. If such judgment is rendered in favor of the owner of the real estate or if the case is otherwise disposed of in favor of such owner, such amount shall be returned to such owner. Upon the payment of such amount to such clerk as provided for in this paragraph, the real estate shall be discharged from the lien.
(b) The clerk of the superior court shall have the right to rely upon the amount speci fied in the claim of lien in determining the sufficiency of any bond to discharge under this Code section. The failure to specify both the amount claimed due under the lien and the date said claim was due shall result in such lien not constituting notice for any purposes.
(c) The filing of a bond as provided in this Code section shall not deprive the bond holder of any defense against the lien that would have been available if such a bond had not been filed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute to HB 713 offered by the Senate Committee on In dustry and Labor, the yeas were 0, nays 39, and the substitute was lost.
On the adoption of the substitute to HB 713 offered by Senators Hine of the 52nd, Deal of the 49th and Peevy of the 48th, the yeas were 36, nays 0, and the substitute was adopted.
The President announced that, pursuant to Senate Rule 143, consideration of the sub stitute and bill would be suspended until the next meeting day of the Senate, Friday, Febru ary 5.
HR 372. By Representative Dunn of the 73rd:
A resolution honoring the life of Honorable Herman Eugene Talmadge and creat ing the Herman Eugene Talmadge Monument Commission.
Senate Sponsor: Senator Crumbley of the 17th.
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:

THURSDAY, FEBRUARY 4, 1988

447

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Bowen Bryant
rCCoruvmemrbdfleeUlnyl Dawkins D ea l Echols Edge Engram Fincher

Foster Garner Gillis
Harris Hine Howard
HuHuud^gmi nss Johnson Kennedy Ki<id Langford McGill McKenzie

Olmstead Peevy Perry
Ragan of 10th Ragan of 32nd Ray
SSohcouutmt aiokfe36th Starr Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Barnes Brannon Broun (excused) Burton Dean

English Harrison Land Newbill

Phillips Scott of 2nd Stumbaugh Timmons

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

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

SB 544. By Senator Langford of the 35th:
A bill to amend Chapter 13 of Title 34 of the Official Code of Georgia Annotated, known as the "Carnival Ride Safety Act," so as to delete certain provisions relat ing to certificates of inspection; to change the provisions relating to issuance of a permit; to change the provisions relating to accident reports; to change the provi sions relating to liability insurance.

Senator Langford of the 35th offered the following substitute to SB 544:

A BILL
To be entitled an Act to amend Chapter 13 of Title 34 of the Official Code of Georgia Annotated, known as the "Carnival Ride Safety Act," so as to delete certain provisions re lating to certificates of inspection; to change the provisions relating to issuance of a permit; to change the provisions relating to accident reports; to change the provisions relating to liability insurance; to change certain provisions relating to qualifications of insurers and sureties under this Act; to exempt moonwalks and live rides from the provisions of said Act; to provide for the temporary cessation of carnival rides; to provide procedures; to provide for certain civil actions; to delete certain provisions relating to civil penalties; to prohibit certain activities by owners or operators of carnival rides; to provide penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 13 of Title 34 of the Official Code of Georgia Annotated, known as the "Carnival Ride Safety Act," is amended by striking in its entirety Code Section 34-13-7, relating to the requirements of a permit and certificate of inspection prior to operating a carnival ride, and inserting in lieu thereof a new Code Section 34-13-7 to read as follows:
"34-13-7. No carnival ride shall be operated in any calendar year, except for purposes of testing and inspection, until a permit for its operation has been issued by the department.

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The owner of a carnival ride shall apply for a permit to the department on a form furnished by the department, providing such information as the department may require.
Section 2. Said chapter is further amended by striking in its entirety Code Section 3413-10, relating to issuance of a permit, which reads as follows:
"34-13-10. The department shall issue a permit to operate a carnival ride to the owner thereof, which permit shall be valid for a period of 12 months following the date of inspec tion by a licensed inspector, upon completion by the owner of the application for a permit, presentation of a certificate of inspection or waiver thereof by the department, and payment of the permit fee.",
and inserting in lieu thereof a new Code Section 34-13-10 to read as follows:
"34-13-10. The department shall issue a permit to operate a carnival ride to the owner thereof upon successful completion of a safety inspection by a licensed inspector, upon com pletion by the owner of the application for a permit, and presentation of a certificate of inspection or waiver thereof by the department. The permit shall be valid for the calendar year in which issued."
Section 3. Said chapter is further amended by striking in its entirety Code Section 3413-13, relating to accident reports, and inserting in lieu thereof a new Code Section 34-13-13 to read as follows:
"34-13-13. The owner of the carnival ride shall report to the department any accident incurred during the operation of any carnival ride resulting in a fatality or an injury requir ing medical attention from a licensed medical facility. The report shall be in writing, shall describe the nature of the occurrence and injury, and shall be mailed no later than the close of the next business day following the accident. Accidents resulting in a fatality shall also be reported immediately to the department in person or by phone in accordance with regula tions adopted by the advisory board."
Section 4. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 34-13-14, relating to liability insurance, bond, or other security required, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Regulations under this chapter shall permit appropriate deductibles or self-insured retention amounts to such policies of insurance. The policy or bond shall be procured from one or more insurers or sureties acceptable to the department."
Section 5. Said chapter is further amended by striking in its entirety Code Section 3413-16, relating to exempted rides, and inserting in lieu thereof a new Code Section 34-13-16 to read as follows:
"34-13-16. This chapter shall not apply to any single-passenger coin operated carnival ride on a stationary foundation or to playground equipment such as swings, seesaws, slides, jungle gyms, rider propelled merry-go-rounds, moonwalks, and live rides."
Section 6. Said chapter is further amended by striking in its entirety Code Section 3413-18, relating to civil penalties, which reads as follows:
"34-13-18. Any owner of a carnival ride which is operated, except for purposes of testing or inspection, without having obtained a permit from the department or any person who violates any order, standard, or regulation adopted pursuant to this chapter may be subject to a civil fine of up to $1,000.00. An owner of a carnival ride shall not be subject to a civil fine for operation prior to obtaining the required permit if he exercised reasonable diligence to prevent such operation.",
and inserting in lieu thereof a new Code Section 34-13-18 to read as follows:
"34-13-18. (a) The Commissioner or his authorized representative may issue a written order for the temporary cessation of operation of a carnival ride if it has been determined after inspection to be hazardous or unsafe. Operations shall not resume until such condi tions are corrected to the satisfaction of the Commissioner or his authorized representative.

THURSDAY, FEBRUARY 4, 1988

449

(b) In the event that an owner or operator knowingly allows the operations of a carnival ride after the issuing of a temporary cessation, the Commissioner or his authorized repre sentative may initiate in the superior court any action for an injunction or writ of manda mus upon the petition of the district attorney or Attorney General. An injunction, without bond, may be granted by the superior court to the Commissioner for the purpose of enforc ing this chapter.
(c) Any person violating the provisions of this chapter shall be guilty of a misdemeanor. Each day of violation shall constitute a separate offense."
Section 7. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute to SB 544 offered by Senator Langford of the 35th, 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 bill would be suspended until the next meeting day of the Senate, Friday, Febru ary 5.

SB 424. By Senator Kidd of the 25th:
A bill to amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions with respect to tuition equalization grants at private col leges and universities, so as to change the definition of the term "full-time stu dent"; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Hine Howard Hudgins Huggins Kennedy Kidd Langford McGill Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Turner Tysinger

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Broun (excused) Bryant Harrison

Johnson Land McKenzie

Timmons Walker

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

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

SB 492. By Senator Hine of the 52nd:
A bill to amend Chapter 3 Title 5 of the Official Code of Georgia Annotated, relating to appeals to the superior court, so as to provide for trial by the court without a jury in appeals from inferior courts with the consent of both parties.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Burton Coleman Coverdell Crumbley Dawkins Deal Dean Edge English

Engram Fincher Foster Garner Gillis Harris Hine Howard Huggins Johnson Kidd Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Broun (excused) Bryant Echols Harrison

Hudgins Kennedy (presiding) Land

Shumake Timmons Walker

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

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

SB 570. By Senators McGill of the 24th, Kennedy of the 4th, English of the 21st and others:
A bill to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, so as to change the provisions relating to treatment of agricultural facilities, farms, and agricultural operations as nuisances; to provide a declaration or policy.

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

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

THURSDAY, FEBRUARY 4, 1988

451

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Brannon Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Engram Foster Garner Gillis Harris Hine Howard Huggins Johnson Kidd Land Langford McGill McKenzie Newbill

Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Barker Barnes Broun (excused) Bryant

Fincher Harrison Hudgins Kennedy (presiding)

Peevy Timmons Walker

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

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

HB 1229. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th and others:
A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Judiciary offered the following amendment:
Amend HB 1229 by redesignating paragraph (2) on line 10 of page 9 as paragraph (3).
By adding between lines 9 and 10 of page 9 the following:
"(2) By striking 'made or on behalf of residents' and inserting in lieu thereof 'made by or on behalf of residents' in subsection (d) of Code Section 31-7-12, relating to the definition of the term 'Personal care home' and licensure and registration of such facility."
By striking line 25 of page 18 and inserting in lieu thereof the following:
"(6) By striking 'net operating loss' and inserting in lieu thereof 'net operating losses' in the first sentence of paragraph (3) of subsection (b) and by striking 'involving' and inserting in lieu".

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.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon
CCoo,vleemrdaenll
Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner
Gfflis Harris
Mine HHuugd7ggimrndss
Johnson Kidd Land Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan of loth
Ragan of 32nd pjay
Scott of 2nd SSQh,coutmt aok,fe36th
Starr btumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Barker Broun (excused)

Harrison Kennedy (presiding)

McKenzie Timmons

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

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

Senator Garner of the 30th introduced the Central of Carrollton High School football team and coaches who were commended by SR 330, adopted previously.

Senator Fincher of the 54th introduced a doctor of the day, Dr. Bates Bailey, of Dalton, Georgia; also serving as a doctor of the day was Dr. Michael Lipsitt of Norcross, Georgia.

The following general resolution of the Senate, having been read the third time on Feb ruary 3 and lost and reconsidered previously today, was put upon its adoption:

SR 270. By Senators Foster of the 50th, Barnes of the 33rd, McKenzie of the 14th and others:
A resolution proposing an amendment to the Constitution so as to provide for the office of commissioner of education in place of the Office of State School Superintendent and for the appointment of said commissioner of education by the State Board of Education and for other matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection.

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

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

THURSDAY, FEBRUARY 4, 1988

453

Those voting in the affirmative were Senators:

Baldwin Barnes Bowen Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Engram Foster Harris Hine Howard Hudgins Huggins Johnson Kidd Langford McKenzie Newbill Olmstead Peevy

Phillips Ragan of 10th Ragan of 32nd
Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Tysinger Walker

Those voting in the negative were Senators:

Albert Allgood Brannon Garner

Gillis Kennedy McGill

Perry Shumake Turner

Those not voting were Senators:

Barker Broun (excused)

Fincher Harrison

Land

On the adoption of the resolution, the yeas were 41, nays 10.

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

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 11:25 o'clock A.M., the President announced the Senate adjourned until 9:00 A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Friday, February 5, 1988
Seventeenth Legislative Day
The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator Scott of the 2nd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1569. 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 1573. By Representatives Twiggs of the 4th and Colwell of the 4th: A bill to provide that the tax commissioner of Rabun County shall not retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Rabun County to reimburse the county for the cost of collecting school taxes.
HB 1574. By Representatives Twiggs of the 4th and Colwell of the 4th: A bill to amend an Act placing the Coroner of Rabun County on a monthly sal ary, so as to change the compensation of the coroner.
HB 1471. By Representative Jackson of the 9th: A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to provide for the disposition of mo tor vehicles and parts which cannot be identified.
HB 1469. By Representative Jackson of the 9th: A bill to amend Code Section 40-14-4 of the Official Code of Georgia Annotated, relating to compliance with federal rules and speed detection devices, so as to change the requirement for technicians who test speed detection devices.
HB 1347. By Representatives Bishop of the 94th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th, Redding of the 50th and others: 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 so as to change the locations and type of functions at which alcoholic beverages may be sold at Stone Mountain.

FRIDAY, FEBRUARY 5, 1988

455

HB 157. By Representative Ramsey of the 3rd:
A bill to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions with respect to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer"; to provide that certain employees of the Public Service Commission shall be entitled to member ship in the Peace Officers' Annuity and Benefit Fund.
HB 1442. By Representatives Rainey of the 135th, Hooks of the 116th, Walker of the 115th, Bostick of the 138th, Carter of the 146th and others:
A bill to amend Code Section 36-43-3 of the Official Code of Georgia Annotated, relating to definitions regarding city business improvement districts, so as to change the definition of a municipality.
HB 1238. By Representatives Lane of the 27th, Johnson of the 72nd, Couch of the 40th, Powell of the 145th, Watts of the 41st and others:
A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to airports of counties, municipalities, and other political subdivisions, so as to provide that real property owned by counties, municipali ties, and other political subdivisions and public authorities for airport purposes may not be sold or leased to persons who are not citizens of the United States.
HB 1351. By Representative Lane of the 27th:
A bill to amend Code Section 47-5-70 of the Official Code of Georgia Annotated, relating to the vesting of benefits and the creation of debts of the state under the Joint Municipal Employees Benefit System, so as to delete the provision relative to legislative revision and the vesting of rights in connection therewith.
HB 719. By Representative Parrish of the 109th:
A bill to amend Code Section 47-16-60 of the Official Code of Georgia Annotated, relating to payments to the Sheriffs' Retirement Fund of Georgia from fines and forfeited bonds in criminal cases, so as to increase the allocation from each such fine collected and bonds forfeited.
HB 842. By Representative Groover of the 99th:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the "Act Creating the Superior Court Judges Retirement System", so as to change the number of years of creditable service necessary for the vesting of the right to receive benefits; to change the provisions relating to appointment as senior judge, early retirement benefits, and spouses benefits as necessary to be consistent with the change in vesting requirements.
HB 1266. By Representatives Reaves of the 147th, Balkcom of the 140th, Oliver of the 121st, Sherrod of the 143rd, Royal of the 144th and others:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to provide for the detention and condemnation of tobacco treated with certain pesticides or containing certain residues of pesticides or other substances.

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The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 626. By Representative Lane of the 27th: A resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize the issuance of temporary loans on behalf of special service districts.
HR 631. By Representatives Wood of the 9th, Galer of the 97th, Bailey of the 72nd, Floyd of the 154th, Morton of the 47th and others: A resolution authorizing the Georgia Veterans of Foreign Wars to place a bust of the late James H. "Sloppy" Floyd in the foyer of the James H. "Sloppy" Floyd Veterans Memorial Building.
HR 696. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th, Groover of the 99th, Hanner of the 131st and others: A resolution naming the "George T. Bagby State Park".
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1228. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Pettit of the 19th, Robinson of the 96th and others: A bill to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to provide that institutions of the university system may deduct from salaries or wages of their employees contributions or dues to certain charitable associations.
HB 1200. By Representative Beck of the 148th: A bill to amend Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, so as to provide that a county and a municipality may contract for the tax commissioner or tax collector of the county in which the municipality is located to assess and collect taxes for such munici pality in the same manner as county taxes.
HB 1437. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th: A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that certifications of corpo rate officers shall be filed with insurers; to grant the State Board of Workers' Compensation certain powers to enforce subpoenas.
HB 1399. By Representatives Steinberg of the 46th, Buck of the 95th, Chambless of the 133rd, Ramsey of the 3rd and Oliver of the 53rd: A bill to amend Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to filing of a petition seeking relief from family violence, so as to change the provisions relating to allegations in verified petitions.
HB 1400. By Representatives Steinberg of the 46th, Buck of the 95th, Chambless of the 133rd, Ramsey of the 3rd, Groover of the 99th and others: A bill to amend Code Section 19-13-6 of the Official Code of Georgia Annotated, relating to penalties for violation of domestic violence orders, so as to change the provisions relating to actions which constitute violations for which penalties may be imposed.

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457

HB 1488. By Representatives Byrd of the 153rd, Reaves of the 147th, Hamilton of the 124th, Smith of the 152nd, Greene of the 130th 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, so as to provide for a program of community education and development grants; to provide a short title; to pro vide for definitions; to authorize the Department of Community Affairs to make grants to boards of education for certain programs and activities.
HB 1025. By Representatives Cummings of the 17th, Murphy of the 18th, Moody of the 153rd, Clark of the 13th, Johnson of the 72nd and others:
A bill to amend Code Section 47-4-100 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the Public School Employees Retirement System, so as to provide that a member who has 40 or more years of creditable service may elect to retire in the same manner and with the same ben efits as a member who has reached his normal retirement date.
HB 1559. By Representatives Byrd of the 153rd, Watson of the 114th, Waldrep of the 80th, Kilgore of the 42nd, Hamilton of the 124th and others:
A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to the practice of architecture, so as to continue the State Board of Architects.
HB 1392. By Representatives Oliver of the 53rd, Porter of the 119th and Lawson of the 9th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the issuance of bad checks, so as to change the form of notice.
HB 1545. By Representatives Pannell of the 122nd, Robinson of the 96th, Oliver of the 53rd and Groover of the 99th:
A bill to amend Code Section 9-7-22 of the Official Code of Georgia Annotated, relating to fees of an auditor, so as to provide that the fees of an auditor shall be assessed as court costs; to amend Code Section 22-2-106 of the Official Code of Georgia Annotated, relating to compensation of a special master, so as to provide that such compensation shall be assessed as court costs.
HB 1405. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to change and revise extensively the provisions relating to actions by the admin istrator of the "Fair Business Practices Act of 1975".
HB 1263. By Representatives Colbert of the 23rd, Jackson of the 9th, Davis of the 45th, Walker of the 115th, Coleman of the 118th and others:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road for traffic offenses, so as to provide that the driver of a motor vehicle who leaves the scene of an accident resulting in per sonal injury to or the death of a person shall be guilty of a felony.
HB 565. By Representative Johnson of the 72nd:
A bill to amend Article 6 of Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and other benefits under the District Attor neys' Retirement System, so as to change the number of years of creditable ser-

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vice necessary for vesting; to change the number of years of creditable service necessary for disability retirement.
HB 1046. By Representative Johnson of the 72nd:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commis sions, etc., being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Georgia Environmental Facilities Authority shall become members of the said retirement system.
HB 1321. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-3-1 of the Official Code of Georgia Annotated, relating to definitions of terms relative to the Teachers Retirement System of Georgia, so as to change the definition of the term teacher; to correct certain references.
HB 1512. By Representative Lane of the 27th:
A bill to amend Code Section 47-5-2 of the Official Code of Georgia Annotated, relating to definitions relating to the Joint Municipal Employees Benefit System, so as to authorize the Municipal Gas Authority of Georgia to contract with the board of trustees of the Joint Municipal Employees Benefit System to offer re tirement and employee benefits to employees of the authority; to change the defi nition of the term "employer".
HB 1451. By Representatives Johnson of the 72nd, Lee of the 72nd, Bailey of the 72nd, Isakson of the 21st and Holcomb of the 72nd:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of real estate brokers and salespersons, so as to provide the amount to be maintained as a minimum balance in the real estate education, research, and recovery fund; to provide the maximum amount of any claim against such fund.
HB 382. By Representatives Lane of the lllth, Long of the 142nd, Dobbs of the 74th, Coleman of the 118th, Greene of the 130th and others:
A bill to amend Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishing creditable service under the Teachers Retirement Sys tem of Georgia for membership service for which contributions have been with drawn, so as to provide additional authority for the reestablishment of such cred itable service.
HB 1446. By Representatives Milam of the 81st, Ware of the 77th, Bostick of the 138th, Ramsey of the 3rd, Milford of the 13th and others:
A bill to amend Part 1 of Article 2 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to noncommercial fish ing, so as to prohibit the use of sport trotlines within one-half mile below any lock or dam on any fresh waters of this state.
HB 1518. By Representative Groover of the 99th:
A bill to amend Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant disease, pest control, and pesticides, so as to limit the liability of farmers in pesticide contamination cases.

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459

HB 1467. By Representative Jackson of the 9th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to require judges to notify the Department of Public Safety of certain convictions within ten days; to change provisions relating to the suspension of a driver's license for the failure to respond to a citation; to add to the list of offenses for which a probationary licensee may have the license revoked.
HB 1365. By Representatives Colwell of the 4th, Jackson of the 9th, Johnson of the 72nd and Foster of the 6th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, so as to provide that certain state authorities may not sell real property without the prior approval of the General Assembly.
HB 1531. By Representatives Lawson of the 9th, Wood of the 9th and Jackson of the 9th:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to grand juries, so as to repeal the provisions relating to investigation and presentment of a list of per sons who hinder, obstruct, or interfere with a sheriff, constable, or other officer to the grand jury of the county and the penalty for failure of an officer to make such report.
HB 1530. By Representatives Lawson of the 9th, Wood of the 9th and Jackson of the 9th:
A bill to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for sheriffs' services and the disposition of such fees, so as to change certain fees for the services of sheriffs in civil cases.
HB 443. By Representative Hamilton of the 124th:
A bill to amend Code Section 46-2-10 of the Official Code of Georgia Annotated, relating to payment of a special fee by corporations and utilities subject to juris diction of the Public Service Commission, so as to require all public service cor porations and utilities subject to the jurisdiction of the Public Service Commis sion to pay special fees in an amount sufficient to cover the operating cost of the commission.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 607. By Senator McGill of the 24th:
A bill to make provisions for the Magistrate Court of Lincoln County; to provide for the appointment of the chief magistrate; to provide for a statement of intent.
Referred to Committee on Urban and County Affairs.
SB 608. By Senators Engram of the 34th, Garner of the 30th and Edge of the 28th:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped per sons, so as to provide that the resurfacing, restriping, or repainting of a parking facility shall be classified as a renovation; to provide for standards for certain handicapped parking spaces.
Referred to Committee on Consumer Affairs.

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SB 609. By Senators Scott of the 2nd, Allgood of the 22nd, Tysinger of the 41st and others:
A bill to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commis sion, so as to establish the office of executive director; to provide for appointment and terms of office; to provide for removal; to provide for vacancies. Referred to Committee on Public Utilities.
SB 610. By Senator Howard of the 42nd:
A bill to amend Code Section 44-14-232 of the Official Code of Georgia Anno tated, relating to summons and time for an answer in cases involving a petition for a writ of possession, so as to change the form of the summons. Referred to Committee on Judiciary.
SB 611. By Senator Baldwin of the 29th:
A bill to amend Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, so as to change the amount of tax that a municipality may levy and collect to provide funds for municipal development authorities. Referred to Committee on Urban and County Affairs (General).
SB 612. By Senators Brannon of the 51st, Harrison of the 37th, Kidd of the 25th and Huggins of the 53rd:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions concerning child custody proceedings, so as to change the age at which a child shall have the right to select the parent with whom he or she desires to live. Referred to Committee on Children and Youth.
SR 350. By Senator Hine of the 52nd:
A resolution proposing an amendment to the Constitution so as to authorize the creation of an Indigent Care Trust Fund and authorize contributions thereto and appropriations therefrom to expand Medicaid coverage; to provide for the sub mission of this amendment for ratification or rejection. Referred to Committee on Human Resources.
SR 353. By Senators Gillis of the 20th, Kennedy of the 4th, Dean of the 31st and others: A resolution creating the Senate State Offices and Facilities Study Committee.
Referred to Committee on Rules.
SR 355. By Senator Garner of the 30th:
A resolution relative to the State Bar of Georgia and the applicability of the "Georgia Administrative Procedure Act". Referred to Committee on Governmental Operations.
SR 356. By Senators Ragan of the 32nd, Harrison of the 37th, Newbill of the 56th and Barnes of the 33rd:
A resolution designating the Arthur T. Bacon Bridge. Referred to Committee on Transportation.

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The following bills and resolutions of the House were read the first time and referred to committees:
HB 157. By Representative Ramsey of the 3rd:
A bill to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions with respect to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer"; to provide that certain employees of the Public Service Commission shall be entitled to member ship in the Peace Officers' Annuity and Benefit Fund. Referred to Committee on Retirement.
HB 382. By Representatives Lane of the lllth, Dobbs of the 74th, Coleman of the 118th and others:
A bill to amend Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishing creditable service under the Teachers Retirement Sys tem of Georgia for membership service for which contributions have been with drawn, so as to provide additional authority for the reestablishment of such cred itable service.
Referred to Committee on Retirement.
HB 443. By Representative Hamilton of the 124th:
A bill to amend Code Section 46-2-10 of the Official Code of Georgia Annotated, relating to payment of a special fee by corporations and utilities subject to juris diction of the Public Service Commission, so as to require all public service cor porations and utilities subject to the jurisdiction of the Public Service Commis sion to pay special fees in an amount sufficient to cover the operating cost of the commission.
Referred to Committee on Public Utilities.
HB 565. By Representative Johnson of the 72nd:
A bill to amend Article 6 of Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and other benefits under the District Attor neys' Retirement System, so as to change the number of years of creditable ser vice necessary for vesting; to change the number of years of creditable service necessary for disability retirement. Referred to Committee on Retirement.
HB 719. By Representative Parrish of the 109th:
A bill to amend Code Section 47-16-60 of the Official Code of Georgia Annotated, relating to payments to the Sheriffs' Retirement Fund of Georgia from fines and forfeited bonds in criminal cases, so as to increase the allocation from each such fine collected and bonds forfeited. Referred to Committee on Retirement.
HB 842. By Representative Groover of the 99th:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the "Act Creating the Superior Court Judges Retirement System", so as to change the number of years of creditable service necessary for the vesting of the right to receive benefits; to change the provisions relating to appointment as senior judge, early retirement benefits, and spouses benefits as necessary to be consistent with the change in vesting requirements. Referred to Committee on Retirement.

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HB 1025. By Representatives Cummings of the 17th, Murphy of the 18th, Clark of the 13th and others:
A bill to amend Code Section 47-4-100 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the Public School Employees Retirement System, so as to provide that a member who has 40 or more years of creditable service may elect to retire in the same manner and with the same ben efits as a member who has reached his normal retirement date.
Referred to Committee on Retirement.
HB 1046. By Representative Johnson of the 72nd:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commis sions, etc., being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Georgia Environmental Facilities Authority shall become members of the said retirement system.
Referred to Committee on Retirement.
HB 1200. By Representative Beck of the 148th:
A bill to amend Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, so as to provide that a county and a municipality may contract for the tax commissioner or tax collector of the county in which the municipality is located to assess and collect taxes for such munici pality in the same manner as county taxes.
Referred to Committee on Urban and County Affairs (General).
HB 1228. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th and others:
A bill to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to provide that institutions of the university system may deduct from salaries or wages of their employees contributions or dues to certain charitable associations.
Referred to Committee on Higher Education.
HB 1238. By Representatives Lane of the 27th, Johnson of the 72nd, Couch of the 40th and others:
A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to airports of counties, municipalities, and other political subdivisions, so as to provide that real property owned by counties, municipali ties, and other political subdivisions and public authorities for airport purposes may not be sold or leased to persons who are not citizens of the United States.
Referred to Committee on Urban and County Affairs (General).
HB 1263. By Representatives Colbert of the 23rd, Jackson of the 9th, Davis of the 45th and others:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road for traffic offenses, so as to provide that the driver of a motor vehicle who leaves the scene of an accident resulting in per sonal injury to or the death of a person shall be guilty of a felony.
Referred to Committee on Special Judiciary.

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HB 1266. By Representatives Reaves of the 147th, Balkcom of the 140th, Oliver of the 121st and others:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to provide for the detention and condemnation of tobacco treated with certain pesticides or containing certain residues of pesticides or other substances. Referred to Committee on Agriculture.
HB 1321. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-3-1 of the Official Code of Georgia Annotated, relating to definitions of terms relative to the Teachers Retirement System of Georgia, so as to change the definition of the term teacher; to correct certain references. Referred to Committee on Retirement.
HB 1347. By Representatives Bishop of the 94th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others:
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, so as to change the locations and type of functions at which alcoholic beverages may be sold at Stone Mountain. Referred to Committee on Consumer Affairs.
HB 1351. By Representative Lane of the 27th:
A bill to amend Code Section 47-5-70 of the Official Code of Georgia Annotated, relating to the vesting of benefits and the creation of debts of the state under the Joint Municipal Employees Benefit System, so as to delete the provision relative to legislative revision and the vesting of rights in connection therewith. Referred to Committee on Retirement.
HB 1365. By Representatives Colwell of the 4th, Jackson of the 9th, Johnson of the 72nd and Foster of the 6th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, so as to provide that certain state authorities may not sell real property without the prior approval of the General Assembly. Referred to Committee on Public Utilities.
HB 1392. By Representatives Oliver of the 53rd, Porter of the 119th and Lawson of the 9th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the issuance of bad checks, so as to change the form of notice. Referred to Committee on Special Judiciary.
HB 1399. By Representatives Steinberg of the 46th, Buck of the 95th, Chambless of the 133rd, Ramsey of the 3rd and Oliver of the 53rd:
A bill to amend Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to filing of a petition seeking relief from family violence, so as to change the provisions relating to allegations in verified petitions. Referred to Committee on Children and Youth.

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HB 1400. By Representatives Steinberg of the 46th, Buck of the 95th, Chambless of the 133rd, Ramsey of the 3rd, Groover of the 99th and others:
A bill to amend Code Section 19-13-6 of the Official Code of Georgia Annotated, relating to penalties for violation of domestic violence orders, so as to change the provisions relating to actions which constitute violations for which penalties may be imposed. Referred to Committee on Children and Youth.
HB 1405. By Representatives Smyre of the 92nd, Benefleld of the 72nd and Lawson of the 9th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to change and revise extensively the provisions relating to actions by the admin istrator of the "Fair Business Practices Act of 1975". Referred to Committee on Industry and Labor.
HB 1437. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that certifications of corpo rate officers shall be filed with insurers; to grant the State Board of Workers' Compensation certain powers to enforce subpoenas. Referred to Committee on Industry and Labor.
HB 1442. By Representatives Rainey of the 135th, Hooks of the 116th, Walker of the 115th, Bostick of the 138th, Carter of the 146th and others:
A bill to amend Code Section 36-43-3 of the Official Code of Georgia Annotated, relating to definitions regarding city business improvement districts, so as to change the definition of a municipality. Referred to Committee on Urban and County Affairs (General).
HB 1446. By Representatives Milam of the 81st, Ware of the 77th, Bostick of the 138th, Ramsey of the 3rd, Milford of the 13th and others:
A bill to amend Part 1 of Article 2 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to noncommercial fish ing, so as to prohibit the use of sport trotlines within one-half mile below any lock or dam on any fresh waters of this state. Referred to Committee on Natural Resources.
HB 1451. By Representatives Johnson of the 72nd, Lee of the 72nd, Bailey of the 72nd, Isakson of the 21st and Holcomb of the 72nd:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of real estate brokers and salespersons, so as to provide the amount to be maintained as a minimum balance in the real estate education, research, and recovery fund; to provide the maximum amount of any claim against such fund. Referred to Committee on Industry and Labor.
HB 1467. By Representative Jackson of the 9th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to require judges to notify the Department of Public Safety of certain convictions within ten days; to change provisions relating to the suspension of a driver's license for the failure to respond to a citation; to

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add to the list of offenses for which a probationary licensee may have the license revoked. Referred to Committee on Judiciary.
HB 1469. By Representative Jackson of the 9th:
A bill to amend Code Section 40-14-4 of the Official Code of Georgia Annotated, relating to compliance with federal rules and speed detection devices, so as to change the requirement for technicians who test speed detection devices. Referred to Committee on Public Safety.
HB 1471. By Representative Jackson of the 9th:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to provide for the disposition of mo tor vehicles and parts which cannot be identified. Referred to Committee on Public Safety.
HB 1488. By Representatives Byrd of the 153rd, Reaves of the 147th, Hamilton of the 124th 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, so as to provide for a program of community education and development grants; to provide a short title; to pro vide for definitions; to authorize the Department of Community Affairs to make grants to boards of education for certain programs and activities. Referred to Committee on Urban and County Affairs (General).
HB 1512. By Representative Lane of the 27th:
A bill to amend Code Section 47-5-2 of the Official Code of Georgia Annotated, relating to definitions relating to the Joint Municipal Employees Benefit System, so as to authorize the Municipal Gas Authority of Georgia to contract with the board of trustees of the Joint Municipal Employees Benefit System to offer re tirement and employee benefits to employees of the authority; to change the defi nition of the term "employer". Referred to Committee on Retirement.
HB 1518. By Representative Groover of the 99th:
A bill to amend Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant disease, pest control, and pesticides, so as to limit the liability of farmers in pesticide contamination cases. Referred to Committee on Agriculture.
HB 1530. By Representatives Lawson of the 9th, Wood of the 9th and Jackson of the 9th:
A bill to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for sheriffs' services and the disposition of such fees, so as to change certain fees for the services of sheriffs in civil cases. Referred to Committee on Judiciary.
HB 1531. By Representatives Lawson of the 9th, Wood of the 9th and Jackson of the 9th:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to grand juries, so as to repeal the provisions relating to investigation and presentment of a list of per sons who hinder, obstruct, or interfere with a sheriff, constable, or other officer to

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the grand jury of the county and the penalty for failure of an officer to make such report. Referred to Committee on Judiciary.
HB 1545. By Representatives Pannell of the 122nd, Robinson of the 96th, Oliver of the 53rd and Groover of the 99th:
A bill to amend Code Section 9-7-22 of the Official Code of Georgia Annotated, relating to fees of an auditor, so as to provide that the fees of an auditor shall be assessed as court costs; to amend Code Section 22-2-106 of the Official Code of Georgia Annotated, relating to compensation of a special master, so as to provide that such compensation shall be assessed as court costs. Referred to Committee on Judiciary.
HB 1559. By Representatives Byrd of the 153rd, Watson of the 114th, Waldrep of the 80th, Kilgore of the 42nd, Hamilton of the 124th and others:
A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to the practice of architecture, so as to continue the State Board of Architects. Referred to Committee on Governmental Operations.
HR 626. By Representative Lane of the 27th:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize the issuance of temporary loans on behalf of special service districts. Referred to Committee on Governmental Operations.
HR 631. By Representatives Wood of the 9th, Galer of the 97th, Bailey of the 72nd, Floyd of the 154th, Morton of the 47th and others:
A resolution authorizing the Georgia Veterans of Foreign Wars to place a bust of the late James H. "Sloppy" Floyd in the foyer of the James H. "Sloppy" Floyd Veterans Memorial Building. Referred to Committee on Defense and Veterans Affairs.
HR 696. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th, Groover of the 99th, Hanner of the 131st and others:
A resolution naming the "George T. Bagby State Park". Referred to Committee on Natural Resources.
HB 1569. 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 1573. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to provide that the tax commissioner of Rabun County shall not retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Rabun County to reimburse the county for the cost of collecting school taxes. Referred to Committee on Urban and County Affairs.

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HB 1574. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act placing the Coroner of Rabun County on a monthly sal ary, so as to change the compensation of the coroner. Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Appropriations has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 548. Do pass as amended. SR 274. Do pass. HB 1267. Do pass by substitute.
Respectfully submitted,
Senator Starr of the 44th District, Chairman

Mr. President:

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

SB 400. Do pass by substitute. SB 533. Do pass.

SR 333. Do pass. HB 1345. Do pass.

Respectfully submitted,

Senator Hudgins of the 15th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 406. Do pass by substitute. HB 1298. Do pass by substitute.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

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

SB 403. Do pass by substitute.

SB 595. Do pass by substitute.

SB 593. Do pass.

SR 329. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

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Mr. President:

The Committee on Human Resources has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1239. Do pass.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 397. Do pass.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Education has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 528. Do pass as amended. HB 1276. Do pass as amended.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

Mr. President:

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

SB 452. Do pass by substitute. SB 552. Do pass.

SB 560. Do pass by substitute. SR 322. Do pass.

Respectfully submitted,

Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 590. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

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469

Mr. President:
The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 51. Do pass by substitute. SB 531. Do pass by substitute. SB 577. Do pass as amended.
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 249. By Senator Timmons of the llth:
A bill to amend Article 6 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to eligibility for retirement under the Teachers Retirement System of Georgia, so as to authorize retirement for members who will attain 30 years of service during the first part of an ensuring school year; to provide for other matters relative thereto; to provide an effective date.
SB 370. By Senators Scott of the 2nd, Coleman of the 1st, Allgood of the 22nd and others:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the pro visions relating to the definition of a teacher; to authorize certain public school employees to become members of the retirement system; to provide for certain creditable service in connection therewith.
SB 453. By Senators Newbill of the 56th, Deal of the 49th, Foster of the 50th and others:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to restrict the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining municipality or county under certain circumstances.
SB 458. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to provide, free of charge, special license plates for for mer members of the Georgia National Guard with 20 or more years' service in the National Guard; to provide procedures; to provide for form of license plate.
SB 473. By Senators Garner of the 30th and Crumbley of the 17th:
A bill to amend Code Section 34-9-2 of the Official Code of Georgia Annotated, relating to the applicability of the workers' compensation laws to employers and employees generally, so as to extend coverage of the workers' compensation laws to employees of the Department of Corrections who are engaged in farm and livestock operations; to provide an effective date.

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SB 490. By Senator Dawkins of the 45th:
A bill to amend Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions with respect to collection of debts through setoff of refunds from income taxes, so as to change the definition of the term "claimant agency".
SB 491. By Senator Dawkins of the 45th:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to change certain penalty provi sions relating to the "Employment Security Law"; to make it unlawful for any person to establish a fictitious employing unit for the purpose of receiving unem ployment compensation benefits; to provide a penalty.
SB 503. By Senator Bryant of the 3rd:
A bill to amend Part 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to submerged cultural resources, so as to provide that the Board of Natural Resources may provide by rule that certain submerged cultural resources are of no economic or cultural value and may be exempt from provi sions of this part.
SB 518. By Senators Gillis of the 20th, Ray of the 19th and Kennedy of the 4th:
A bill to amend Code Section 12-8-122 of the Official Code of Georgia Annotated, relating to the Southeast Interstate Low-Level Radioactive Waste Management Compact, so as to set forth the conditions upon which a party state may with draw from the compact without the unanimous approval of the other party states and the consent of Congress.
SB 540. By Senators Stumbaugh of the 55th, Crumbley of the 17th, Allgood of the 22nd and others:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to pro vide that the Commissioner of Insurance shall provide by regulation guidelines for determining the value of a motor vehicle under certain circumstances; to pro vide for the content of such regulations; to provide an effective date.
SB 547. By Senator Dawkins of the 45th:
A bill to amend Code Section 34-9-354 of the Official Code of Georgia Annotated, relating to the creation and appointment of the Board of Trustees of the Subse quent Injury Trust Fund, so as to provide that the executive director, rather than the secretary-treasurer, of the State Board of Workers' Compensation shall be an ex officio member of such board of trustees.
SB 550. By Senators Gillis of the 20th, English of the 21st and Ray of the 19th:
A bill to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to de fine the practice of professional forestry; to provide for the appointment of the State Board of Registration for Foresters; to revise the qualifications, time for meetings, powers, and records of said board.
SB 556. By Senator Howard of the 42nd:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the issuance of bad checks, so as to specify the parties who may prose cute an action under this Code section; to provide an effective date.

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SB 557. By Senator Howard of the 42nd: A bill to amend Code Section 16-5-71 of the Official Code of Georgia Annotated, relating to tattooing, so as to change the age of those persons whom it is unlawful to tattoo.
SR 296. By Senator Coverdell of the 40th: A resolution relative to preserving the apartment house home of Margaret Mitchell where the world famous novel "Gone With the Wind" was written.
SR 301. By Senator Allgood of the 22nd: A resolution designating the Georgia State University College of Law Library in cooperation with the Special Collections Department of the Georgia State Uni versity library, as the official depository for personal legislative records and pa pers of members of the General Assembly.
HB 106. By Representatives Reaves of the 147th and Bostick of the 138th: A bill to amend Code Section 47-6-70 of the Official Code of Georgia Annotated, relating to creditable service under the Georgia Legislative Retirement System, so as to authorize creditable service for certain prior service as a member of the General Assembly.
HB 305. By Representative Reaves of the 147th: A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commis sions, etc., being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Georgia Agricultural Exposition Authority shall become members of said retirement system.
HB 356. By Representatives Connell of the 87th, Johnson of the 72nd and Buck of the 95th: A bill to amend Article 6 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, disability benefits, and death benefits under the Georgia Firemen's Pension Fund, so as to increase the maximum benefits payable to persons eligible or who become eligible to receive benefits under such pension fund.
HB 357. By Representative Johnson of the 72nd: A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and other benefits under the Teachers Retire ment System of Georgia, so as to provide for a postretiremen! benefit adjust ment; to provide for a definition and for other matters relative thereto.
HB 358. By Representative Johnson of the 72nd: A bill to amend Code Section 47-2-29 of the Official Code of Georgia Annotated, relating to postretirement benefit adjustments under the Employees' Retirement System of Georgia, so as to provide for a one-time cost-of-living increase in bene fits for certain beneficiaries under said retirement system.
HB 458. By Representatives Buck of the 95th, Murphy of the 18th, Padgett of the 86th and others: A bill to amend Article 6 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, disability, and survivors benefits, under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to retirement, disability, and survivors benefits.

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HB 718. By Representative Parrish of the 109th:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to change the provi sions relating to requirements for continued active membership in the fund; to provide for an increase in retirement benefits.

HB 775. By Representative Ramsey of the 3rd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to require persons to report the spill or release of certain quantities of oil or hazardous material.

HB 912. By Representatives Smith of the 156th, Langford of the 7th, Dover of the llth and others:
A bill to amend Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to seafood and taking seafood under the "Game and Fish Code", so as to change the provisions relating to bonds and recovery on bonds for certain commercial fishing violations; to provide that certain unlawful commer cial shrimping shall be a misdemeanor of a high and aggravated nature and to provide certain minimum punishment therefor.

HB 1139. By Representatives Harris of the 84th, Jackson of the 83rd, Dover of the llth and others:
A bill to amend Code Section 27-4-34 of the Official Code of Georgia Annotated, relating to fishing with a bow and arrow, so as to authorize nongame fish to be taken by bow and arrow at night by the use of a light.

HB 1203. By Representative Ramsey of the 3rd:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to make it unlawful for any person knowingly to manufacture, distribute, or possess with intent to distribute an imitation controlled substance.

HB 1244. By Representatives Cox of the 141st, Bargeron of the 108th, Greene of the 130th and Lord of the 107th:
A bill to amend Part 2 of Article 5 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fishing license reciprocity with other states, so as to provide for reciprocity with adjoining states for honorary fishing licenses is sued to blind persons.

HB 1337. By Representatives Jackson of the 9th, Pinkston of the 100th and Buford of the 103rd:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators, so as to provide that a person who has been de clared to be a habitual violator and who has had his driver's license revoked and who is convicted of operating a motor vehicle before he has been issued a driver's license or before the expiration of five years shall be guilty of a felony.

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

Albert Allgood Baldwin Barker Barnes

Bowen Brannon Bryant Burton Coleman

Coverdell Crumbley Dawkins Deal Dean

FRIDAY, FEBRUARY 5, 1988

473

Echols Edge English Engram Fincher Foster Gillis Harris Harrison Hine Howard Hudgins

Huggins Johnson Kennedy Kidd Land McGill McKenzie Newbill Olmstead Peevy Perry Phillips

Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not answering were Senators:

Broun (excused) Garner

Langford Ragan of 10th

Walker

Senator Johnson of the 47th introduced the chaplain of the day, Reverend Doug Beacham, pastor of Franklin Springs Pentecostal Holiness Church, Franklin Springs, Geor gia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 354. By Senator Burton of the 5th:
A resolution to commend the Georgia Veterans Day Parade Association of Atlanta.

SR 357. By Senator Kennedy of the 4th: A resolution commending Coach Jack Stallings.

SR 358. By Senator Kennedy of the 4th: A resolution commending Major General (Ret.) Thurman E. Anderson.

SR 359. By Senator Foster of the 50th:
A resolution commending President Noah Langdale, Jr., of Georgia State University.

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

SENATE LOCAL CONSENT CALENDAR
Friday, February 5, 1988
SEVENTEENTH LEGISLATIVE DAY (The names listed with the bill are the Senators whose districts are affected by the legislation.)

SB 590 Peevy, 48th Phillips, 9th Gwinnett County
Provides the amount of additional fees collected before the Magistrate Court of county; provides for practices and procedures relating to the collection and remittance of such fees.

474

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd McGill Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Barnes Broun (excused) Coleman

Garner Land Langford

McKenzie Ray Walker

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

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

SENATE CALENDAR
Friday, February 5, 1988
SEVENTEENTH LEGISLATIVE DAY
HB 713 Property Liens--Superfund Amendments, Reauthorization Act of 1986 (Substi tute) (I&L--52nd) (Pursuant to Senate Rule 143, final passage of the bill was suspended.)
SB 544 Carnival Ride Safety Act--certificates of inspection (Substitute) (C Aff--35th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.)
SB 480 Public Property--approval for certain authorities to sell (Pub U--41st) SB 484 Cellular Radio Telecommunications Service--no "911" fee (Pub U--2nd) SB 500 Jail Construction--prohibit within one mile of school (Substitute) (Corr--48th) SB 527 Local Boards of Health--fees for environmental health services (Hum R--15th) SB 536 Electric Membership Corporation Officers, Directors--other opinions, discharg
ing duties (Pub U--49th) SB 542 Traffic Court Jurisdiction--cities over 300,000 (U&CA G--35th) SB 545 Drivers' Licenses--provisions on court reporting convictions to Department of
Public Safety (Pub S--33rd)

FRIDAY, FEBRUARY 5, 1988

475

SB 546 Jails--provide for grants (Corr--31st) SB 559 Comprehensive Insurance Coverage--include safety equipment (Pub S--22nd) SB 561 Controlled Substances--deposit of seized currency (Pub S--13th)
SB 562 Public Safety Department Records--in response to subpoena (Pub S--13th) SB 563 Murder of Those Under 17 Years of Age--circumstances for death penalty
(Corr--17th)
SB 564 Campaign Contributions or Public Officer Recall--provisions (Gov Op--25th) SB 576 Insurance--create "Child Health Services Act" (C&Y--15th)
SB 582 Certain Senate Districts--change (U&CA G--15th)
SR 295 Mortgage Revenue Bonds--urge extend date for issuing (U&CA G--8th) SR 316 Joint Study Committee on Auto Insurance--create (Ins--55th) HB 7 Game and Fish--definition of "game fish" (Substitute) (Nat R--7th) HB 311 Hotels Constructed Prior to 1976--smoke detector in each room (Amendment)
(I&L--29th) HB 369 Lawyers in General Assembly--may practice law (Gov Op--51st) HB 615 Court of Appeals--establish pre-appeal settlement conference procedure (Substi
tute) (Judy--47th)
HB 743 Motor Common and Contract Carrier--definition (Substitute) (C Aff--2nd) HB 1102 Board of Elections, Certain County--repeal Act providing (Substitute) (Gov
Op--9th)
HB 1192 County Recreational Property--transfer to homeowners' association (U&CA G--9th)
HB 1193 Metropolitan Planning and Development Commission--additional member (U&CA G--5th)
HB 1212 State Health Insurance--contract with Firemen's Pension Fund (Pub S--27th) HB 1226 Sexual Exploitation of Children--change penalty provisions (C&Y--18th) HB 1241 Peace Officer Standards and Training Council--appointment of executive direc
tor (Pub S--llth)
HB 1260 Office of Rural Development--create within Community Affairs Department (U&CA G--14th)
HB 1285 Local Government Public Safety Officers--aid during emergency (Pub S--27th) HB 1304 Used Car Dealers' Registration Act--redefine "used car dealer" (C Aff--35th) HB 1334 Drivers' License Records--correct certain information (Pub S--10th)
The following general bill of the House, having been read the third time on March 5, 1987, and action suspended on February 4, 1988, until today, pursuant to Senate Rule 143, was put upon its passage:
HB 713. By Representative Moultrie of the 93rd: A bill to amend Part 10 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous liens, so as to provide for the filing of liens created pursuant to Section 107(f)(3) of Title I of the federal Superfund Amendments and Reauthorization Act of 1986, P.L. 99-499, 100 STAT. 1613, 1630.
Senate Sponsor: Senator Hine of the 52nd.

476

JOURNAL OF THE SENATE

The substitute to HB 713 offered by Senators Hine of the 52nd, Deal of the 49th and Peevy of the 48th on February 4, as it appears in the Journal of February 4, was automati cally reconsidered and put upon its adoption.

Senators Deal of the 49th, Hine of the 52nd and Peevy of the 48th offered the following amendment:
Amend the substitute to HB 713 offered by Senators Hine of the 52nd, Deal of the 49th and Peevy of the 48th by striking from lines 5 through 7 of page 1 the following:
"to provide that the filing of a bond shall not deprive the bondholder of any defenses that would have been available had no bond been filed;",
by striking on line 11 of page 3 the following: "such",

and inserting in lieu thereof the following:
"in an action against the owner's bond,",
by inserting after the period on line 25 of page 3 a quotation mark and by striking lines 26 through 29 of page 3 in their entirety.

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

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Brannon Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land McGill

Newbill Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Barker Barnes Broun (excused) Coleman

Garner Langford McKenzie Peevy

Ray 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.

FRIDAY, FEBRUARY 5, 1988

477

Senators Foster of the 50th and Scott of the 36th introduced Dr. Alonzo A. Crim, Su perintendent of Atlanta Public Schools, having been commended by SR 325, adopted previ ously, who briefly addressed the Senate.

The following general bill of the Senate, having been read the third time on February 4 and final action suspended until today, pursuant to Senate Rule 143, was put upon its passage:

SB 544. By Senator Langford of the 35th:
A bill to amend Chapter 13 of Title 34 of the Official Code of Georgia Annotated, known as the "Carnival Ride Safety Act," so as to delete certain provisions relat ing to certificates of inspection; to change the provisions relating to issuance of a permit; to change the provisions relating to accident reports; to change the provi sions relating to liability insurance.

The substitute to SB 544 offered by Senator Langford of the 35th on February 4, as it appears in the Journal of February 4, was automatically reconsidered and put upon its adoption.

Senator Langford of the 35th moved that SB 544 be committed to the Senate Commit tee on Consumer Affairs.

On the motion, the yeas were 29, nays 2; the motion prevailed, and SB 544 was commit ted to the Senate Committee on Consumer Affairs.

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

SB 484. By Senator Scott of the 2nd:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number "911" system, so as to provide that it shall be unlawful for any provider of any cellular radio telecommunications services to assess or charge any fee for an emergency tele phone call placed on a "911" emergency telephone system; to provide for applicability.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coverdell Crumbley

Dawkins Deal Dean Echols Edge English Engram Fincher Foster Gillis Harrison

Howard Hudgins Muggins Johnson Kennedy Kidd Land Langford McGill McKenzie Newbill

478

JOURNAL OF THE SENATE

Peevy Perry Phillips Ragan of 10th Ragan of 32nd

Ray Scott of 2nd Scott of 36th Shumake Starr

Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Broun (excused) Coleman Garner

Harris Hine Olmstead

Timmons Walker

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

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

Senator Ragan of the 10th introduced Ms. Renee Tootle who was commended by SR 292, adopted previously, and she briefly addressed the Senate.

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

SB 500. By Senator Peevy of the 48th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions regarding penal institutions, so as to prohibit con struction of any jail, penal institution, or other correctional facility within a onemile radius of any public school in this state under certain circumstances; to pro vide an effective date.

The Senate Committee on Corrections offered the following substitute to SB 500:

A BILL
To be entitled an Act to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions regarding penal institutions, so as to prohibit con struction of any county jail within a one-mile radius of any public school in this state under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions regarding penal institutions, is amended by adding at the end thereof a new Code section, to be designated Code Section 42-1-7, to read as follows:
"42-1-7. On and after July 1, 1988, no county jail shall be constructed within a one-mile radius of any public school in this state if a showing is made by the affected local board of education to the local governing authority that the county jail would pose a greater danger to the health, safety, and welfare of the students attending such public school if it were constructed inside such one-mile radius than it would if it were constructed outside such one-mile radius."
Section 2. This Act shall become effective on July 1, 1988.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

FRIDAY, FEBRUARY 5, 1988

479

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 Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Gillis Harris Harrison Hine Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Broun (excused) Coleman

Garner Howard

Walker

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

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

SB 527. By Senators Hudgins of the 15th and Land of the 16th:
A bill to amend Code Section 31-3-4 of the Official Code of Georgia Annotated, relating to powers of county boards of health, so as to delete certain provisions restricting the power of boards of health of consolidated city-county governments with respect to the establishment and collection of fees for environmental health services.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coverdell Crumbley

Dawkins Deal Dean Echols Edge English Engram Fincher Foster Gillis

Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land

480

JOURNAL OF THE SENATE

Langford McGill McKenzie Newbill Olmstead Peevy
Perry

Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake
Starr

Stumbaugh Tate Tavlor ,,,. Timmons Turner
Tysinger

Those not voting were Senators:

Albert Broun (excused)

Coleman Garner

Ragan of 10th Walker

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

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

SB 536. By Senators Deal of the 49th and Kennedy of the 4th:
A bill to amend Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to electric membership corporations and foreign electric co operatives, so as to permit officers and directors to rely upon a wider variety of professional and other opinions, reports, or statements in discharging their duties.

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

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

Those voting in the affirmative were Senators:

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

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

Newbill Olmstead Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Broun (excused) Garner

McKenzie Ragan of 10th

Timmons Walker

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

FRIDAY, FEBRUARY 5, 1988

481

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

SB 542. By Senator Langford of the 35th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States de cennial census of 1960 or any future such census so as to change the jurisdiction of said court; to provide for all related matters; to provide for an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols English

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

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Broun (excused) Edge

Garner Langford

Timmons Walker

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

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

Senator Langford of the 35th moved that SB 542 be immediately transmitted to the House.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 542 was immedi ately transmitted to the House.

SB 545. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' li censes, so as to change the provisions relating to requirements for courts to send licenses and reports of convictions to the Department of Public Safety; to change the provisions relating to the payment of fees and the retention of fees.

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

482

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 Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Barker Broun (excused)

Garner Timmons

Walker

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

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

SB 546. By Senators Dean of the 31st and Garner of the 30th:
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 provide for grants to municipal corporations and counties for jails and correctional institutions; to provide for confirmation and ratification of prior grants; to provide for coopera tive agreements between the department and municipal corporations and counties.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell

Crumbley Dawkins Deal Dean Echols Edge English Engram Fincher Foster Gillis

Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land McGill

FRIDAY, FEBRUARY 5, 1988

483

Newbill Olmstead
J,J Phillips Ragan of 10th

Ragan of 32nd Ray
Scott of 2nd Scott of 36th Shumake

Starr Stumbaugh
Tate Taylor Turner

Those not voting were Senators:

Broun (excused) Garner Langford

McKenzie Timmons

Tysinger Walker

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

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

Senator Dean of the 31st moved that SB 546 be immediately transmitted to the House.

On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 546 was immedi ately transmitted to the House.

SB 559. By Senator Allgood of the 22nd:
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 automobile insurance poli cies that provide comprehensive coverage shall provide complete coverage for re pair or replacement of a certain damaged safety equipment without regard to any deductible or minimum amount; to provide for definitions.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Bwen Brannon
rvant PCCoo,vleemrdaenll Crumbley Deal Dean Echols Edge English

Engram Fincher Foster Gillis
Harris Harrison Hine
Howard HHuugdgg6mi. nss Johnson Kennedy Kidd Land Langford McGill

Olmstead Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray
Scott of 2nd SS0hc1outm.t1aokfe36th Starr Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Broun (excused)

Dawkins

Garner

484

JOURNAL OF THE SENATE

McKenzie Newbill

Timmons

Walker

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

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

SB 561. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to authorize a district attorney to petition the court for authority to deposit seized currency in an interest-bearing account in a financial institution; to provide for the payment of accrued interest on seized currency deposited in a financial institution.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Langford

McGill Olmstead Peevy Perry Phillips Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger

Voting in the negative was Senator Land.

Those not voting were Senators:

Broun (excused) Garner McKenzie

Newbill Ragan of 32nd

Timmons Walker

On the passage of the bill, the yeas were 48, nays 1.

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

SB 562. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to certain records to be kept by the Department of Public Safety, so as to provide that in response to a subpoena or upon the request of an appropriate governmental or judicial official, the Department of Public Safety shall provide a duly authenticated copy of any record or other document.

FRIDAY, FEBRUARY 5, 1988

485

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bwen Brannon BCoulretomnan
Coverdell Crumbley
Dawkins Deal
Dean
Echols Edge

Engram Fincher Foster Gillis Harris garrison Mine HHouwdgairnds
Huggins Johnson
Kennedy Kidd
Land
Langford McGill

Newbill Olmstead Peevy Perry R of loth R of 32nd R "Joaytitt o,f 2,, nd,
Scott of 36th Shumake
Starr Stumbaugh
Taylor
Turner Tysinger

Those not voting were Senators:

Broun (excused) Bryant English

Garner McKenzie Phillips

Tate Timmons Walker

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

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

SB 563. By Senator Crumbley of the 17th:
A bill to amend Code Section 17-10-30 of the Official Code of Georgia Annotated, relating to the procedure for the imposition of the death penalty generally, so as to provide that the offense of murder committed against a person under the age of 17 years shall be considered an aggravating circumstance for which the death penalty may be imposed.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Brannon Bryant Burton Coleman Coverdell

Crumbley Dawkins Deal Dean Echols Edge English Engram Fincher

Foster Gillis Harris Harrison Hine Hudgins Huggins Johnson Kennedy

486

JOURNAL OF THE SENATE

Kidd
Land XNMTecwGibi_li-lliil Olmstead
Perry

Phillips
Ragan of 10th nRRaaygan of 32nd Scott of 2nd
Starr

Stumbaugh Taylor ,,l,i.mmons
Turner Tysinger

Those voting in the negative were Senators:

Allgood Langford

Scott of 36th

Tate

Shumake

Those not voting were Senators:

Bowen Broun (excused) Garner

Howard McKenzie

Peevy Walker

On the passage of the bill, the yeas were 44, nays 5.

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

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

Mr. President:

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

HB 1609. By Representatives Stephens of the 68th, Clark of the 13th, Thurmond of the 67th and Milford of the 13th:
A bill to create the Classic Center Authority for Clarke County, Georgia, so as to provide for the public purpose of the authority.

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

HR 750. By Representative Murphy of the 18th: A resolution commending the Georgia Amateur Athletics Foundation.

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

HB 1609. By Representatives Stephens of the 68th, Clark of the 13th, Thurmond of the 67th and Milford of the 13th:
A bill to create the Classic Center Authority for Clarke County, Georgia, so as to provide for the public purpose of the authority.
Referred to Committee on Urban and County Affairs.

FRIDAY, FEBRUARY 5, 1988

487

The following resolution of the House was read and adopted:

HR 750. By Representative Murphy of the 18th: A resolution commending the Georgia Amateur Athletics Foundation.

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

SB 564. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to change the definition of a certain term; to change the provisions relating to contributions made to candi date or campaign committee or for recall of a public officer; to change the provi sions relating to the campaign committee treasurer.

Senator Kidd of the 25th moved that SB 564 be committed to the Senate Committee on Governmental Operations.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 564 was commit ted to the Senate Committee on Governmental Operations.

SB 576. By Senators Hudgins of the 15th, Barker of the 18th, Stumbaugh of the 55th and Howard of the 42nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to create the "Child Health Services Act".

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes BBrawnennon
Coverdell j}eaj Dean Echols Edge English Fincher

Foster Gillis Harris
Harrison Hine JHTooh,wnsaordn Kennedy Kidd Land Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips
Ragan of 10th Ragan of 32nd SR,,caoy.t.t of.. ,,2nd, Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Broun (excused) Coleman
Crumbley Dawkins

Engram Garner Hudgins

Huggins Timmons Walker

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JOURNAL OF THE SENATE

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

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

SB 582. By Senators Hudgins of the 15th and Land of the 16th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to change the composition of certain state Senate districts; to provide an effective date and for applicability.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Crumbley Deal Dean Echols Edge English Engram

Fincher Foster Gillis Harris Harrison Hine Hudgins Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Broun (excused) Coleman Coverdell

Dawkins Garner Howard

McGill Walker

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

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

The following resolution of the Senate, having been read the first time on January 26 and referred to the Senate Committee on Banking and Finance, withdrawn from the Senate Committee on Banking and Finance and committed to the Senate Committee on Urban and County Affairs on February 2, and favorably reported by the committee, was read the third time and put upon its adoption:

SR 295. By Senators Turner of the 8th, Harris of the 27th, Tate of the 38th and others:
A resolution urging Congress to take action extending the date for issuing Mort gage Revenue Bonds.

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

FRIDAY, FEBRUARY 5, 1988

489

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 Bryant Burton Crumbley Deal Dean Echols Edge English Engram Fincher

Foster Gillis Harris Harrison Hine Hudgins Muggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Bowen Brannon Broun (excused) Coleman

Coverdell Dawkins Garner Howard

McGill Ray Walker

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

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

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

SR 316. By Senators Stumbaugh of the 55th, McKenzie of the 14th, Crumbley of the 17th and others:
A resolution creating the Joint Study Committee on Automobile Insurance.

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 Bryant Burton Coverdell Crumbley Dawkins

Deal Dean Echols Edge Engram Fincher Foster Gillis Harris Harrison Hine Howard

Hudgins Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Peevy Perry

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JOURNAL OF THE SENATE

Phillips Ragan of 10th Ragan of 32nd Scott of 2nd

Scott of 36th Starr Stumbaugh Tate

Taylor Timmons Turner Tysinger

Those not voting were Senators:

Broun (excused) Coleman English

Garner McGill Ray

Shumake Walker

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

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

Senator Ragan of the 32nd introduced the doctor of the day, Dr. Angel Cobiella, of Austell, Georgia.

The following general bill of the House, having been read the third time on January 11, 1988, and committed to the Senate Committee on Natural Resources, and favorably re ported by the committee, was put upon its passage:

HB 7. By Representatives Hudson of the 117th, Branch of the 137th, Royal of the 144th, Sherrod of the 143rd, Smith of the 16th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definition of "game fish"; to change the provisions relating to food fish dealers; to change the provi sions relating to sale of fish by commercial fish hatcheries; to change the provi sions relating to the licensing of wholesale and retail fish dealers.
Senate Sponsor: Senator Perry of the 7th:

The Senate Committee on Natural Resources offered the following substitute to HB 7:

A BILL
To be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definition of "game fish"; to change the provisions relating to catch-out ponds and licenses; to change the provi sions relating to food fish dealers; to change the provisions relating to sale of fish by com mercial fish hatcheries; to change the provisions relating to the licensing of wholesale and retail fish dealers; to provide for a definition; to exempt certain fish and the production, hatching, raising, harvesting, and sale of certain fish and activities and persons, partner ships, firms, corporations, associations, and legal entities connected therewith from the game and fish laws of this state; to provide for exceptions; to declare that certain activities con nected with certain fish are declared to be an agricultural pursuit; 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. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking paragraph (36) of Code Section 27-1-2, relating to definitions of terms used in the game and fish laws, and inserting in lieu thereof a new paragraph (36) to read as follows:
"(36) 'Game fish' means the following fish:
(A) Bass:
(i) Largemouth bass;

FRIDAY, FEBRUARY 5, 1988

491

(ii) Smallmouth bass; (iii) White bass; (iv) Striped bass; (v) Spotted bass; (vi) Redeye (Coosa) bass; (vii) Striped-white bass hybrid; (viii) Shoal bass (Flint River smallmouth); and (ix) Suwannee bass. (B) Trout: (i) Rainbow trout; (ii) Brown trout; and (iii) Brook trout. (C) Crappie: (i) White crappie; and (ii) Black crappie. (D) Shad: (i) American shad; and (ii) Hickory shad. (E) Sunfish or bream: (i) Flier; (ii) Spotted sunfish (stumpknockers), rock bass (goggleye); (iii) Redbreast sunfish; (iv) Redear sunfish; (v) Bluegill (bream); and (vi) Warmouth. (F) Perch: (i) Walleye; and (ii) Sauger. (G) Pickerel: (i) Muskellunge; (ii) Chain pickerel; (iii) Grass pickerel; and (iv) Redfin pickerel. (H) Catfish, except as provided in Code Section 27-4-78: (i) Channel catfish; and (ii) Flathead catfish." Section 2. Said title is further amended by striking Code Section 27-4-31, relating to catch-out pond licenses, and inserting in lieu thereof a new Code Section 27-4-31 to read as follows: "27-4-31. (a) The owner or operator of a catch-out pond operated as one contiguous

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JOURNAL OF THE SENATE

unit and under single ownership, including ownership by a partnership, firm, association, or corporation, may purchase a catch-out pond license as provided in Code Section 27-2-23. Such license shall not be transferable to another owner or operator or to any other site. Persons, both residents and nonresidents, may fish in a properly licensed catch-out pond without obtaining a fishing license or trout stamp and without complying with the creel limits, possession limits, size limits, and seasons set forth in this title. It shall be unlawful for the owner or operator of a catch-out pond not properly licensed to represent to any person that such person may fish in the pond as if the pond were a licensed catch-out pond.
(b) No catch-out pond license shall be required for any privately owned pond, raceway, fish hatchery, or other privately owned impoundment of water which is used for the com mercial production of farm fish as provided in Code Section 27-4-78. Persons, both residents and nonresidents, may fish for farm fish in any such pond, raceway, fish hatchery, or other privately owned impoundment of water without obtaining a fishing license and without complying with any other provisions of this title."
Section 3. Said title is further amended by striking subsection (c) of Code Section 27-474.1, relating to food fish dealers, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) A licensed commercial fish hatchery shall not be required to obtain the license required 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 re quired to obtain a license under this Code section. Any person shipping fish into this state under the authority of subsection (5) of Code Section 27-4-74 who sells such for consump tion as food within this state shall be required to obtain a license under this Code section. Persons selling fish from fish ponds under the authority of subsection (c) of Code Section 27-4-74 and persons selling fish as authorized by Code Section 27-4-78 shall not be required to obtain a license under this Code section."
Section 4. Said title is further amended by striking Code Section 27-4-75, relating to sale of fish by commercial fish hatcheries, and inserting in lieu thereof a new Code Section 27-4-75 to read as follows:
"27-4-75. (a) It shall be unlawful to sell any fish from a commercial fish hatchery as defined in Code Section 27-1-2 unless the hatchery is licensed under Code Section 27-2-23 or except as provided in Code Section 27-4-78.
(b) Except as provided in Code Section 27-4-74 or 27-4-78, it shall be unlawful for any one other than a commercial fish hatchery licensed under Code Section 27-2-23 to sell for consumption or resale any species of game fish other than American shad, hickory shad, flathead catfish, or channel catfish. It shall also be unlawful for any person to have in his possession any such game fish obtained from a commercial fish hatchery unless the fish are accompanied by a bona fide bill of sale or lading detailing the number and pounds of each species of fish contained therein.
(c) It shall also be unlawful to sell fish from a commercial fish hatchery which the de partment has determined to have diseases or parasites which would be harmful to native fish populations."
Section 5. Said title is further amended by striking subsection (a) of Code Section 27-476, relating to licensing of wholesale and retail fish dealers, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as provided in Code Section 27-4-78, it shall be unlawful to engage in the business of a wholesale or retail fish dealer, as defined in Code Section 27-1-2, without first obtaining an annual license from the department as provided in Code Section 27-2-23. Not withstanding any other provision to the contrary, neither a licensed commercial fish hatch ery nor persons engaged in the sale of channel catfish shall be required to obtain a license as a wholesale fish dealer or a retail fish dealer."

FRIDAY, FEBRUARY 5, 1988

493

Section 6. Said title is further amended by adding, following Code Section 27-4-77, a new Code Section 27-4-78 to read as follows:
"27-4-78. (a) As used in this Code section, the term 'farm fish* means rainbow trout and catfish, including channel catfish and flathead catfish.
(b) Notwithstanding any other provision of this title to the contrary, farm fish which are commercially produced and sold only as food and which are produced, hatched, and raised in a privately owned pond, raceway, fish hatchery, or other privately owned impound ment of water are declared to be a domestic farm product, shall not be included within the definition of 'game fish' as used in this title, and are exempt from all provisions of this title.
(c) Any person, partnership, firm, corporation, association, or other legal entity engaged in commercially producing, hatching, raising, harvesting, and selling farm fish as food for human consumption is declared to be engaged in an agricultural pursuit and shall be ex empt from all provisions of this title, including all requirements for obtaining any licenses, regulations relative to harvesting of fish, and record-keeping requirements, but only to the extent such activities relate soley to farm fish. Any activity or action of any such person, partnership, firm, corporation, association, or other legal entity which relates to any fish other than a farm fish shall not be exempt from the provisions of this title. The exemptions provided in this Code section shall apply to any pond, raceway, fish hatchery, or other im poundment of water in which the owner allows any person to fish solely for farm fish as a recreational pursuit as provided in Code Section 27-4-31.
(d) The Department of Natural Resources is authorized to inspect and regulate any operation that is in the business of growing and selling farm fish, as defined in subsection (a) of this Code section, for food processing or restocking other waters."
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Perry of the 7th offered the following amendment:

Amend the substitute to HB 7 offered by the Senate Committee on Natural Resources by striking line 32 of page 3 through line 4 of page 4 and inserting in lieu thereof the following:
"in Code Section 27-4-78.' "
By striking from line 5 of page 6 the following:
"rainbow trout and".

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

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen

Brannon Bryant Coleman Crumbley Dean Echols

Edge English Fincher Gillis Harris Hine

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JOURNAL OF THE SENATE

Howard Hudgins
iKKeihdnndnSed?y Land Langford

Newbill Olmstead
PRhfariyl!l?ips Scott of 2nd Scott of 36th

Shumake Starr
S,,T.tauvml,obraugh Timmons Turner

Those voting in the negative were Senators:

Burton Coverdell Dawkins Deal

Engram Foster Harrison Peevy

Ragan of 32nd Tate Tysinger

Those not voting were Senators:

Broun (excused) Garner
Huggins

McGill McKenzie

Ragan of 10th Walker

On the passage of the bill, the yeas were 38, nays 11.

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

Senator Starr of the 44th introduced the Morrow High School varsity football team, having been commended by SR 320, adopted previously, and Coach Bud Theodocion, who briefly addressed the Senate.

Lieutenant Governor Miller introduced the Coca Cola Chorus who will be going to the Olympics in Calgary, Canada.

The following general bill of the House, having been read the third time on January 11, 1988, and committed to the Senate Committee on Industry and Labor, and favorably re ported by the committee, was put upon its passage:

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.
Senate Sponsor: Senator Baldwin of the 29th.

The Senate Committee on Industry and Labor offered the following amendment to HB 311:
Amend HB 311 by striking on line 20 of page 2 the following: "1988",

and inserting in lieu thereof the following: "1989".

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

FRIDAY, FEBRUARY 5, 1988

495

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

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

Those voting in the affirmative were Senators:

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

Engram Fincher Foster Gillis Harris Mine Hudgins Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olms tead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Broun (excused) Coleman Dean

Garner Harrison Howard

Langford McGill Walker

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

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

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

HB 369. By Representatives Langford of the 7th, Groover of the 99th, Bishop of the 94th and Randall of the 101st:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to laws applicable to the General Assembly, so as to recognize certain constitutional principles; to provide for findings and to make declarations in con nection with such principles; to establish rights relative to the practice of law by lawyers holding certain public offices.
Senate Sponsor: Senator Brannon of the 51st.

Senator Brannon of the 51st moved that HB 369 be committed to the Senate Commit tee on Governmental Operations.

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 369 was com mitted to the Senate Committee on Governmental Operations.

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JOURNAL OF THE SENATE

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

HB 615. By Representatives Groover of the 99th, Chambless of the 133rd, Robinson of the 96th and Thomas of the 69th:
A bill to amend Chapter 3 of Title 15 of the Official Code of Georgia Annotated, relating to the Court of Appeals, so as to authorize the Court of Appeals to estab lish by rule a preappeal settlement conference procedure.
Senate Sponsors: Senators Johnson of the 47th and Deal of the 49th.

The Senate Committee on Judiciary offered the following substitute to HB 615:

A BILL
To be entitled an Act to amend Chapter 3 of Title 15 of the Official Code of Georgia Annotated, relating to the Court of Appeals, so as to authorize the Court of Appeals to establish by rule a preappeal settlement conference procedure; to provide for settlement conference judges; to provide for travel, per diem, and pay allowances; to provide for review of proposed rules or amendments; 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 15 of the Official Code of Georgia Annotated, relating to the Court of Appeals, is amended by adding a new Code section at the end thereof, to be designated Code Section 15-3-13, to read as follows:
"15-3-13. (a) The Court of Appeals of Georgia is authorized to establish by rule of court a voluntary preappeal settlement conference procedure. In furtherance of such a procedure, the court is authorized to provide by rule for the extension of time for the filing of the record, enumerations of error, briefs, or other matters for which time of filing is otherwise prescribed by statute.
(b) The Court of Appeals shall utilize Senior Appellate Court Justices and Judges and senior superior court judges as settlement conference judges.
(c) Settlement conference judges shall be entitled to receive the same travel, per diem, and pay allowances now or hereafter authorized to be paid to senior judges of the superior courts when called.
(d) Any rules or amendments thereto adopted pursuant to this Code section shall be submitted to the State Bar of Georgia, the Judiciary Committee of the House of Represent atives, and the Judiciary Committee of the Senate at least 30 days before such rules or amendments shall become effective. The Court of Appeals shall receive and consider such comments as shall be made by such organization or committees."
Section 2. This Act shall become effective February 1, 1989.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Bowen

FRIDAY, FEBRUARY 5, 1988

497

Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Echols Edge English Engram Fincher Foster

Gillis Harris Hine Howard Huggins Johnson Kidd Land Newbill Olmstead Peevy Perry Phillips

Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Brannon Broun (excused) Dean Garner

Harrison Hudgins Kennedy (presiding) Langford

McGill McKenzie Walker

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

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

HB 1102. By Representatives Barnett of the 59th, Bannister of the 62nd, Goodwin of the 63rd 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).
Senate Sponsor: Senator Phillips of the 9th.

The Senate Committee on Governmental Operations offered the following substitute to HB 1102:

A BILL
To be entitled an Act 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 according 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), approved April 13, 1973 (Ga. L. 1973, p. 2658), as amended by an Act approved April 12, 1982 (Ga. L. 1982, p. 4305), and by an Act approved April 14, 1982 (Ga. L. 1982, p. 5040); to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for 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 according 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 cen sus), approved April 13, 1973 (Ga. L. 1973, p. 2658), as amended by an Act approved April 12, 1982 (Ga. L. 1982, p. 4305), and by an Act approved April 14, 1982 (Ga. L. 1982, p. 5040), is repealed in its entirety.

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JOURNAL OF THE SENATE

Section 2. This Act shall become effective on January 1, 1989. Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

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

Echols Edge Engram Fincher Foster Gillis Harris Hine Howard Hudgins Huggins Johnson Kidd Land Langford

Newbill Olmstead Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Broun (excused) English Garner Harrison

Kennedy (presiding) McGill McKenzie Ragan of 10th

Shumake Starr Walker

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

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

HB 1192. By Representative Wall of the 61st:
A bill to amend Code Section 36-9-3 of the Official Code of Georgia Annotated, relating to the procedure for the sale or disposition of county real property gener ally, so as to exempt the transfer of recreational set-aside property to certain homeowners' associations.
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:

Allgood Baldwin

Barker Barnes

Bowen Bryant

FRIDAY, FEBRUARY 5, 1988

499

Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge Engram Fincher Foster Gillis Harris

Mine Howard Hudgins Huggins Johnson Kidd Land Langford Newbill Olmstead Peevy Perry Phillips

Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Albert Brannon Broun (excused) English

Garner Harrison Kennedy (presiding)

McGill McKenzie Walker

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

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

HB 1193. By Representatives Lane of the 27th, Selman of the 32nd, Adams of the 36th and others:
A bill to amend Code Section 50-8-84 of the Official Code of Georgia Annotated, relating to the composition of metropolitan area planning and development com missions for metropolitan areas of this state having a population of more than 1,000,000 according to the United States decennial census of 1970 or any future such census, so as to provide for an additional member of such an area planning and development commission.
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:

Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Gillis Harris Howard Hudgins Huggins Johnson Kidd

Langford Newbill Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh

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JOURNAL OF THE SENATE

Tate Taylor

Timmons Turner

Tysinger

Those not voting were Senators:

Albert Broun (excused) Coleman Garner

Harrison Hine Kennedy (presiding) Land

McGill McKenzie Olmstead Walker

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

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

HB 1212. By Representative Buck of the 95th:
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 Peace Officers' Annuity and Benefit Fund of Georgia and the Georgia Firemen's Pension Fund for the inclusion in the health insurance plan of employees of such funds and their spouses and dependent children.
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:

Allgood Baldwin Barker Barnes Bowen Brannon Bryant
Burton Coverdell Crumbley Dawkins Deal Dean
Echols Edge English

Engram Fincher Foster Gillis Harris Hine Howard Hudgins Huggins Johnson Kidd Langford Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Albert Broun (excused) Coleman Garner

Harrison Kennedy (presiding) Land

McGill McKenzie Walker

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

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

FRIDAY, FEBRUARY 5, 1988

501

HB 1226. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th and others:
A bill to amend Code Section 16-12-100 of the Official Code of Georgia Anno tated, relating to sexual exploitation of children and sexually explicit conduct, so as to change the provisions relating to penalties.
Senate Sponsor: Senator Barker of the 18th.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Fincher Foster Gillis Harris Hine Howard Hudgins Huggins Johnson Kidd Land Langford Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate
Taylor Timmons Turner Tysinger

Those not voting were Senators:

Albert Broun (excused) Engram

Garner Harrison Kennedy (presiding)

McGill McKenzie Walker

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

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

HB 1241. By Representatives Twiggs of the 4th, Manner of the 131st, Coleman of the 118th and Ramsey of the 3rd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to provide for the appointment of an executive director of the Georgia Peace Officer Standards and Training Council.
Senate Sponsor: Senator Timmons of the llth.

Senator Timmons of the llth offered the following amendment:
Amend HB 1241 by striking in Section 1 on line 23 of page 1 the word "who" and inserting in lieu thereof the following:
", subject to the approval of the Governor, which executive director".

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JOURNAL OF THE SENATE

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

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brvant ^u,rton CCoovleemrdaenll
Crumbley Dawkins
Deal Dean Echols Edge English

Engram Foster Gillis Harris Hine Howard 5ud*ms JHouhgngsmons
Kidd Land
Langford McKenzie Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th SQh, umak, e
tarr L Stumbaugh
Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Albert Brannon Broun (excused)

Fincher Garner Harrison

Kennedy (presiding) McGill Walker

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

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

HB 1260. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Royal of the 144th:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Development of Community Affairs, so as to create the Office of Rural Development within the Department of Community Affairs.
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:

Allgood Baldwin Barker Barnes Bowen Bryant

Burton Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster

FRIDAY, FEBRUARY 5, 1988

503

Gillis Harris Hine
oward
Johnon Kidd Land Langford

McKenzie Newbill Olmstead Peevy
Phillips Ragan of 10th Ragan of 32nd Ray

Scott of 2nd Scott of 36th Shumake Starr
Stumbaugh
Tate Taylor Turner Tysinger

Those not voting were Senators:

Albert Brannon Broun (excused) Coleman

Garner Harrison Kennedy (presiding)

McGill Timmons Walker

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

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

HB 1285. By Representatives Barnett of the 10th, Twiggs of the 4th, Mobley of the 64th, Alford of the 57th and Jackson of the 83rd:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize public safety officers and employees of local political subdivisions to provide mutual aid during local emergencies and at other times under certain circumstances; to provide a short title.
Senate Sponsor: Senator Harris of the 27th.

Senator Stumbaugh of the 55th offered the following amendment: Amend HB 1285 by adding on line 25, page 2, between the words "police" and "of the words "or public safety director", and by adding on line 26, page 2, between the words "police" and "of the words "or public safety director", and by adding on line 1, page 3, between the words "chief and "of the words "or public safety director".

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

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen

Bryant Burton Coverdell Crumbley Dawkins

Deal Dean Echols Edge English

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JOURNAL OF THE SENATE

Engram Fincher Foster Gillis Harris Hine Hudgins Huggins Johnson Kidd

Land Langford McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd

Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger

Voting in the negative was Senator Starr.

Those not voting were Senators:

Albert Brannon Broun (excused) Coleman

Garner Harrison Howard

Kennedy (presiding) McGill Walker

On the passage of the bill, the yeas were 45, nays 1.

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

HB 1304. By Representatives Jackson of the 9th, Barnett of the 10th, Bostick of the 138th 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 change the defini tion of a "used car dealer;" to change the composition of the State Board of Registration of Used Car Dealers.
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:

Allgood Baldwin Barker Barnes Bowen Brvant BC,,Cr,oou,vlreteomrnd,aenl,,l CDrauwmkbinlesy
Deal Dean Echols Edge English

Engram Fincher Foster Gillis Harris Harrison HuHHTTiounwdjegai.rndjs HJouhgngsionns
Kidd Land Langford McKenzie Newbill

Perry Phillips Ragan of 10th Ragan of 32nd fjav Scott of 2nd QSS,,,hcouttmtt aok,rfe
Stumb, augh, Tate Taylor Timmons Turner Tysinger

FRIDAY, FEBRUARY 5, 1988

505

Voting in the negative was Senator Peevy.

Those not voting were Senators:

Albert Brannon Broun (excused)

Garner Kennedy (presiding) McGill

Olmstead Walker

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

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

HB 1334. By Representatives Jackson of the 9th and Johnson of the 72nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to authorize the department to correct records which contain improper, false, fraudulent, or invalid information.
Senate Sponsor: Senator Ragan of the 10th.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Edge English

Engram Fincher Foster Gillis Harris Harrison Hine Hudgins Muggins Johnson Kidd Land Langford McKenzie Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Albert Brannon Broun (excused) Echols

Garner Howard Kennedy (presiding) McGill

Newbill Starr Walker

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

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

Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. on Monday, February 8, and the motion prevailed.

At 12:10 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 10:00 o'clock A.M. on Monday, February 8.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, February 8, 1988 Twentieth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of the proceedings of Friday, Feb ruary 5, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1595. By Representative Moultrie of the 93rd: A bill to amend an Act creating the board of commissioners of Harris County, so as to change the compensation and expenses of the chairman and the other mem bers of the board.
HB 1602. By Representatives Dover of the llth and Jamieson of the llth: A bill to provide that the judge of the Probate Court of Habersham County shall serve as chief magistrate of the Magistrate Court of Habersham County; to pro vide for the term, filling of vacancies, and compensation for the office of chief magistrate.
HB 1625. By Representatives Thompson of the 20th, Wilson of the 20th, Hensley of the 20th, Aiken of the 21st, Clark of the 20th and others: A bill to create the Cobb County Commission on Children and Youth; to provide for the manner of appointment of members; to provide for terms, duties, and powers; to authorize the commission to receive and expend funds.
HB 1558. By Representatives McDonald of the 12th, Stancil of the 66th and Pettit of the 19th: 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 farm wineries shall be authorized to sell wine dur ing certain hours on Sunday.
HB 1366. By Representatives Porter of the 119th, Robinson of the 96th, Thomas of the 69th and Chambless of the 133rd: A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to regulate the sale and purchase of commodities and commodity contracts and options.
HB 1301. By Representative Porter of the 119th: A bill to amend Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to the production of documents and things and entry upon land for in-

MONDAY, FEBRUARY 8, 1988

507

spection and other purposes, so as to exclude from production or inspection those documents which are confidential under certain mental health laws.
HB 1247. By Representatives Carter of the 146th and Bostick of the 138th:
A bill to amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments by insurers, so as to provide that insurers may make and invest in loans guaranteed as to principal and interest by the United Student Aid Funds, Inc., to the extent of such guaranty.
HB 1234. By Representatives Watson of the 114th and Pettit of the 19th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission generally, so as to authorize the commission, in its discre tion, to deregulate or not provide a tariff on certain services of telecommunica tions companies.
HB 1440. By Representatives Rainey of the 135th, Moody of the 153rd, Watts of the 41st, Greene of the 130th, Hanner of the 131st and others:
A bill to amend Code Section 27-3-44 of the Official Code of Georgia Annotated, related to killing of deer which have no antlers visible, so as to provide that it shall not be unlawful to hunt "antlerless or either-sex" deer on certain days in certain counties.
HB 1441. By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd, Watts of the 41st, Green of the 130th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to increase the daily and season maximum bag limits for deer to five deer.
HB 1465. By Representatives Holcomb of the 72nd, Lee of the 72nd, Bailey of the 72nd and Johnson of the 72nd:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation and appointment of county boards of equalization, so as to provide that the authority for certain counties to request the appointment of additional alternate members of boards of equalization shall apply to any county.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 702. By Representative Langford of the 7th:
A resolution authorizing the leasing of certain state owned property located in Gordon County.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 417. By Senators Broun of the 46th and Kidd of the 25th:
A bill to amend Code Section 35-2-33 of the Official Code of Georgia Annotated, relating to duties and responsibilities of the Uniform Division of the Department of Public Safety, so as to provide that the commissioner of public safety may, and upon the request of the Governor shall, authorize and direct the Uniform Division to provide certain transportation, escort, and security services in con nection with certain athletic events in the state.

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JOURNAL OF THE SENATE

The House has passed by the requisite constitutional majority the following bill of the House:
HB 34. By Representatives Phillips of the 120th and Patten of the 149th:
A bill to amend Part 3 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Forest Fire Protection Act", so as to require a permit for the burning of any woods, lands, marshes, or other flamma ble or combustible materials or vegetation; to provide procedures and require ments for obtaining such permit.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 613. By Senators Foster of the 50th and Land of the 16th:
A bill to amend Subpart 1 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certificated professional person nel, so as to prohibit certain conduct regarding tests administered to students and provide for investigations, penalties, and sanctions relating thereto; to pro vide for statutory construction; to provide for rules and regulations.
Referred to Committee on Education.
SB 614. By Senator Timmons of the llth:
A bill to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized in criminal cases, so as to change the provisions relating to the disposition of weapons used in the commis sion of crimes; to provide for procedures.
Referred to Committee on Public Safety.
SB 615. By Senator Kidd of the 25th:
A bill to amend Code Section 21-3-98 of the Official Code of Georgia Annotated, relating to qualification of candidates for party nomination in a municipal pri mary, so as to provide that a candidate's agent may qualify on behalf of the candidate to seek election in certain primaries.
Referred to Committee on Governmental Operations.
SB 616. By Senators Harrison of the 37th, Ragan of the 32nd, Barnes of the 33rd and Newbill of the 56th:
A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit; to provide for an additional supplement for the chief judge; to provide an effective date.
Referred to Committee on Judiciary.
SB 617. By Senators Gillis of the 20th, Ray of the 19th and English of the 21st:
A bill to amend Code Section 16-10-6 of the Official Code of Georgia Annotated, relating to prohibitions against the sale of real or personal property to political subdivisions by local officers or employees, so as to provide that sales of personal property of less than $500.00 per calendar quarter shall not be prohibited.
Referred to Committee on Governmental Operations.

MONDAY, FEBRUARY 8, 1988

509

SB 618. By Senators Olmstead of the 26th, Kidd of the 25th, Harris of the 27th and others:
A bill to amend Part I of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, so as to provide that the policy of the state is that all bills owed by the state and its institutions and agencies will be paid in a timely manner; to define certain terms; to provide for certain prompt payment methods. Referred to Committee on Governmental Operations.
SB 619. By Senators Allgood of the 22nd and Kennedy of the 4th:
A bill to amend Code Section 33-3-23 of the Official Code of Georgia Annotated, relating to restrictions as to the transaction of insurance by lending institutions and bank holding companies, so as to provide that an insurer or its affiliate which acquires an ownership interest in a lending institution shall not be prohibited from continuing to conduct any authorized insurance activities. Referred to Committee on Banking and Finance.
SB 620. By Senator Allgood of the 22nd:
A bill to amend Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances, so as to provide that all deeds conveying an interest in real property which has been used as a commercial landfill shall in clude notice of the landfill operations, the dates the landfill was in operation, a legal description of the location of the landfill, and a description of the type of materials deposited in the landfill. Referred to Committee on Judiciary.
SB 621. By Senators Allgood of the 22nd, Kennedy of the 4th, Bryant of the 3rd and others:
A bill to amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to parental notification of abortion on an unemancipated mi nor, so as to provide that a minor seeking an abortion shall furnish a notarized statement signed by a parent or guardian attesting that such parent or guardian has been notified that an abortion is to be performed on such minor. Referred to Committee on Special Judiciary.
SB 622. By Senator Baldwin of the 29th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions form ad valorem taxation, so as to change and clarify the type of inventory which may be subject to the freeport exemption; to provide for applicability. Referred to Committee on Industry and Labor.
SR 360. By Senator Starr of the 44th:
A resolution creating the Joint Study Committee on Aging. Referred to Committee on Human Resources.
SR 361. By Senators Scott of the 2nd and Coleman of the 1st:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by general law authorize the imposition of temporary local sales and use taxes for the purpose of financing capital improvements for local school systems; to provide for the submission of this amendment for ratifi cation or rejection. Referred to Committee on Banking and Finance.

510

JOURNAL OF THE SENATE

The following bills and resolution of the House were read the first time and referred to committees:
HB 34. By Representatives Phillips of the 120th and Patten of the 149th:
A bill to amend Part 3 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Forest Fire Protection Act", so as to require a permit for the burning of any woods, lands, marshes, or other flamma ble or combustible materials or vegetation; to provide procedures and require ments for obtaining such permit.
Referred to Committee on Natural Resources.
HB 1234. By Representatives Watson of the 114th and Pettit of the 19th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission generally, so as to authorize the commission, in its discre tion, to deregulate or not provide a tariff on certain services of telecommunica tions companies.
Referred to Committee on Public Utilities.
HB 1247. By Representatives Carter of the 146th and Bostick of the 138th:
A bill to amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments by insurers, so as to provide that insurers may make and invest in loans guaranteed as to principal and interest by the United Student Aid Funds, Inc., to the extent of such guaranty.
Referred to Committee on Insurance.
HB 1301. By Representative Porter of the 119th:
A bill to amend Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to the production of documents and things and entry upon land for in spection and other purposes, so as to exclude from production or inspection those documents which are confidential under certain mental health laws.
Referred to Committee on Governmental Operations.
HB 1366. By Representatives Porter of the 119th, Robinson of the 96th, Thomas of the 69th and Chambless of the 133rd:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to regulate the sale and purchase of commodities and commodity contracts and options.
Referred to Committee on Industry and Labor.
HB 1440. By Representatives Rainey of the 135th, Moody of the 153rd, Watts of the 41st, Greene of the 130th, Hanner of the 131st and others:
A bill to amend Code Section 27-3-44 of the Official Code of Georgia Annotated, relating to killing deer which have no antlers visible, so as to provide that it shall not be unlawful to hunt "antlerless or either-sex" deer on certain days in certain counties.
Referred to Committee on Natural Resources.

MONDAY, FEBRUARY 8, 1988

511

HB 1441. By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd, Watts of the 41st, Greene of the 130th and others: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to increase the daily and season maximum bag limits for deer to five deer.
Referred to Committee on Natural Resources.
HB 1465. By Representatives Holcomb of the 72nd, Lee of the 72nd, Bailey of the 72nd and Johnson of the 72nd: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation and appointment of county boards of equalization, so as to provide that the authority for certain counties to request the appointment of additional alternate members of boards of equalization shall apply to any county.
Referred to Committee on Urban and County Affairs (General).
HB 1558. By Representatives McDonald of the 12th, Stancil of the 66th and Pettit of the 19th: 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 farm wineries shall be authorized to sell wine dur ing certain hours on Sunday.
Referred to Committee on Consumer Affairs.
HR 702. By Representative Langford of the 7th: A resolution authorizing the leasing of certain state owned property located in Gordon County.
Referred to Committee on Public Utilities.
HB 1595. By Representative Moultrie of the 93rd: A bill to amend an Act creating the board of commissioners of Harris County, so as to change the compensation and expenses of the chairman and the other mem bers of the board.
Referred to Committee on Urban and County Affairs.
HB 1602. By Representatives Dover of the llth and Jamieson of the llth: A bill to provide that the judge of the Probate Court of Habersham County shall serve as chief magistrate of the Magistrate Court of Habersham County; to pro vide for the term, filling of vacancies, and compensation for the office of chief magistrate.
Referred to Committee on Urban and County Affairs.
HB 1625. By Representatives Thompson of the 20th, Wilson of the 20th, Hensley of the 20th and others: A bill to create the Cobb County Commission on Children and Youth; to provide for the manner of appointment of members; to provide for terms, duties, and powers; to authorize the commission to receive and expend funds.
Referred to Committee on Urban and County Affairs.
The following report of a standing committee was read by the Secretary:
Mr. President:
The Committee on Urban and County Affairs has had under consideration the following

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JOURNAL OF THE SENATE

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

SB 603. Do pass.

HB 1474. Do pass.

HB 733. Do pass.

HB 1378. Do pass by substitute.

HB 1323. Do pass as amended.

HB 1379. 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 51. By Senator Phillips of the 9th:
A bill to amend Article 1 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to processioning of property boundaries, so as to provide for the appointment of a nine-member board of processioners for each county; to provide for the appointment of temporary processioners; to provide for the pow ers, duties, practices, and procedures in connection with the processioning of property boundaries.

SB 397. By Senator Hine of the 52nd:
A bill to amend Code Section 26-4-37 of the Official Code of Georgia Annotated, relating to powers and duties of the State Board of Pharmacy, so as to change that board's authority regarding certain rules relating to the advertising of drug prices.

SB 400. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating the the Georgia Council for the Arts, so as to provide for the establishment of an arts development fund to be administered by the Georgia Council for the Arts; to provide for authorized deductions from state income tax refunds by the Department of Revenue for transfer to said fund.

SB 403. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-8 of the Official Code of Georgia Annotated, relating to procedure for adverse action against permanent status employees gen erally under the merit system, so as to provide that in any adverse action against a permanent status employee of the Department of Human Resources or Depart ment of Corrections, such permanent status employee shall not be subject to dis missal from employment under certain conditions.

SB 406. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide that employees in the classified service who are assigned to duty on night shifts are eligible for a supplement of $120.00 per month in addition to their normal salary to be paid in accordance with the department or agency plan required to be filed with and approved by the commissioner of personnel administration.

SB 452. By Senators Langford of the 35th, Walker of the 43rd, Tate of the 38th and Scott of the 36th:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and prac tices, so as to regulate the sale of pistols and revolvers; to make it unlawful for a

MONDAY, FEBRUARY 8, 1988

513

dealer to sell a pistol or revolver to any person except pursuant to certain condi tions and procedures; to define a certain term.
SB 528. By Senators Bowen of the 13th, Timmons of the llth, English of the 21st and others:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to change the qualifica tions of persons serving on county and independent boards of education after a certain date.
SB 531. By Senator Peevy of the 48th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipalities, so as to provide for the regulation of solid waste collection or disposal services when a county or municipality enters into or expands such services where such services are provided by certain private companies.
SB 533. By Senator Coverdell of the 40th:
A bill to amend Part 2 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, known as the "Tax Deferral for the Elderly Act," so as to provide for an alternative tax deferral for the elderly in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.
SB 548. By Senator Dawkins of the 45th:
A bill to amend Code Section 17-12-36 of the Official Code of Georgia Annotated, relating to the distribution of certain state appropriated funds under the "Geor gia Indigent Defense Act," so as to change the manner and method of distribut ing such funds; to provide for allocation of such funds.
SB 552. By Senators Land of the 16th, Crumbley of the 17th, Stumbaugh of the 55th and others:
A bill to amend Code Section 16-5-1 of the Official Code of Georgia Annotated, relating to the crime of murder, so as to change the punishment provisions relat ing to the crime of murder; to provide that a person convicted of murder may be punished by life imprisonment without parole under certain conditions.
SB 560. By Senator Peevy of the 48th:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide for the offense of using intimidation, physical force, or threats with respect to certain witnesses or infor mants; to provide for the elements of and acts constituting such offense; to pro vide for criminal penalties; to provide for all matters relative to the foregoing.
SB 577. By Senators Johnson of the 47th, Ragan of the 10th, Kennedy of the 4th and others:
A bill to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, relating to downtown development authorities, so as to change the definition of "project" to include certain hospitals, skilled nursing homes, and intermediate care homes; to change certain powers of such authorities.
SB 593. By Senators Burton of the 5th, Ragan of the 10th, Kidd of the 25th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to create the Advisory Commission on Programs for

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JOURNAL OF THE SENATE

the Hearing Impaired; to provide for membership and terms; to provide qualifi cations; to provide for compensation and expenses; to provide duties and respon sibilities; to provide for recommendations and reports; to provide a termination date.
SB 595. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to authorize compensatory salary ad justments to those former educators of a local board of education who trans ferred employment to Central State Hospital; to authorize transfer of sick leave accumulated in the former employment with a local board of education.
SR 274. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for compensating innocent victims of crime; to authorize the General Assembly to allocate certain funds, to appropriate funds, to provide for a continuing fund, or to provide for any combination thereof for the purpose of compensating innocent victims of crime and for the administration of any laws enacted for such purpose; to provide for the submis sion of this amendment for ratification or rejection.
SR 322. By Senators Land of the 16th, Crumbley of the 17th, Stumbaugh of the 55th and others:
A resolution proposing an amendment to the Constitution so as to prohibit the State Board of Pardons and Paroles from granting a parole to any person con victed of the offense of murder and punished by life imprisonment without pa role; to provide for the submission of this amendment for ratification or rejection.
SR 329. By Senators Foster of the 50th, Coverdell of the 40th, Deal of the 49th and Harrison of the 37th:
A resolution creating the Governmental Organization Study Committee.
SR 333. By Senators Hudgins of the 15th, Johnson of the 47th, Dawkins of the 45th and others:
A resolution creating the Senate Fraudulent Check Study Committee.
HB 1239. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Childers of the 15th:
A bill to amend Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals by the Board of Medical Assis tance, so as to authorize the commissioner of medical assistance to remand, re verse, or modify the final administrative recommendations of his appointees in hearings for recipients; to unify and clarify the appeals procedures for applicants for and recipients of medical assistance.
HB 1267. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd and others:
A bill to amend an Act providing for appropriations for the State Fiscal Year 1987-1988 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1987-1988.
HB 1276. By Representatives Dover of the llth and Murphy of the 18th:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations

MONDAY, FEBRUARY 8, 1988

515

under the "Quality Basic Education Act," so as to authorize local boards of edu cation to vary the length of school years under certain circumstances.

HB 1298. By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 15-6-93 of the Official Code of Georgia Annotated, relating to hours of operation for superior court clerks' offices, so as to exempt from the application of this Code section counties having a population of fewer than 10,000 persons according to the United States decennial census of 1980 or any future such census.

HB 1345. By Representative Pinkston of the 100th:
A bill to amend Code Section 7-1-483 of the Official Code of Georgia Annotated, relating to meeting of boards of directors, quorum, committees, and acting with out meeting, so as to authorize the department to reduce the frequency of re quired meetings of the board of directors.

Senator Kennedy of the 4th moved that Senator McGill of the 24th be excused from all roll calls in the Senate today and each day thereafter until he is dismissed from the hospital and returns to the Senate.

On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator McGill of the 24th was excused from all roll calls in the Senate today and will be excused each day until he is dismissed from the hospital and returns to the Senate.

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

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

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Johnson Kennedy Kidd Land McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not answering were Senators:

Broun (excused) Howard

Langford McGill (excused)

Timmons

Senator Dawkins of the 45th introduced the chaplain of the day, Reverend Carl Smith, pastor of Smyrna Presbyterian Church, Conyers, Georgia, who offered scripture reading and
prayer.

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The following resolution of the Senate was read and adopted:

SR 362. By Senator Kennedy of the 4th: A resolution commending Dr. Marvin C. Goldstein.

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

SENATE LOCAL CONSENT CALENDAR
Monday, February 8, 1988
TWENTIETH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 603 Bowen, 13th Irwin County
Creates a five-member Board of Commissioners for county; provides for qual ifications; provides for terms of office; provides commissioner districts.

HB 733 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th Newbill, 56th Fulton County
Burton, 5th Tysinger, 41st Howard, 42nd Walker, 43rd Stumbaugh, 55th DeKalb County
Starr, 44th Crumbley, 17th Clayton County
Peevy, 48th Phillips, 9th Gwinnett County
Requires the Board of Directors of Authority of "MARTA" to meet with the local governing bodies which appoint members of the Board.

*HB 1323

Coleman, 1st Scott, 2nd Bryant, 3rd City of Savannah Chatham County
Creates Chatham-Savannah Youth Futures Authority. (Amendment)

MONDAY, FEBRUARY 8, 1988

517

HB 1474 McKenzie, 14th Sumter County
Creates the Sumter County Public School System by merging and consolidat ing the county and independent school system of City of Americus; creates the Board of Education for the Sumter County School System.

*HB 1378

Broun, 46th Oconee County
Changes, powers, duties, and authority of chairman of Board of Commission ers; provides for duties of the vice-chairman; changes provisions relating to removal or suspension of the chairman or members of the Board. (Substitute)

HB 1379 Broun, 46th Oconee County
Changes compensation of chairman and other members of the Board of Com missioners.

The amendment to the following bill was put upon its adoption:

*HB 1323:

The Senate Committee on Urban and County Affairs offered the following amendment:

Amend HB 1323 by inserting in line 25 on page 3 between the semicolon following the word "Savannah" and the word "and" the following:
"the governing body of any other municipality located within Chatham County;". By striking from lines 22 and 23 on page 6 the following: "seven members of the authority or a majority of those present.", and inserting in lieu thereof the following: "a majority of a quorum." By striking from lines 5 and 6 on page 7 the following: "paragraphs (1) through (3) of".

On the adoption of the amendment, the yeas were 48, nays 0, and the amendment was adopted.

The substitute to the following bill was put upon its adoption:

*HB 1378:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 1378:

A BILL
To be entitled an Act to amend an Act creating the board of commissioners of Oconee County, approved August 18, 1917 (Ga. L. 1917, p. 384), as amended, so as to change the powers, duties, and authority of the chairman; to provide for duties of the vice chairman; to change the provisions relating to removal or suspension of the chairman or members of the board of commissioners; to change the provisions relating to vacancies on the board of com missioners; to prescribe an oath and bond for the chairman and members of the board of commissioners; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the board of commissioners of Oconee County, approved August 18, 1917 (Ga. L. 1917, p. 384), as amended, is amended by striking Section 5 and inserting in its place a new Section 5 to read as follows:
"Section 5. Any vacancy occurring in the office of chairman or member on the board of commissioners existing on or after the effective date of this Act having an unexpired term exceeding 180 days shall be filled for the unexpired term by a special election under the rules and procedure set forth in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' Any vacancy occurring in the office of chairman or member on the board of commis sioners having an unexpired term of 180 days or less shall be filled for the unexpired term by a person appointed by a majority of the members of the board of commissioners. Any person so appointed to fill a vacancy on such board must be eligible to be elected to such vacant position."
Section 2. Said Act is further amended by striking Section 6 and inserting in its place a new Section 6 to read as follows:
"Section 6. Before entering the duties of the office of chairman or commissioner, the chairman and each member of the board of commissioners shall take the oath required of all civil officers of this state and shall be bonded in the amount of $10,000.00 by a good and solvent bonding company authorized to do business in this state. Such bond shall be ap proved by the Judge of the Probate Court of Oconee County and shall be filed in the office of the probate court and shall be payable to the Governor of this state and his successor in office for the use of Oconee County. Such bond shall be conditioned upon the faithful per formance of the duties of the office of chairman or commissioner. The cost of said bond shall be paid from the general funds of Oconee County."
Section 3. Said Act is further amended by striking Section 9 and inserting in its place a new Section 9 to read as follows:
"Section 9. (a) The chairman of the board of commissioners shall have the following duties and responsibilities:
(1) To act as presiding officer at all meetings of the board, including the duty of pre serving order and decorum at such meetings;
(2) To state every question coming before the board and to announce the decision of the board on all subjects and to decide all questions of order, subject, however, to an appeal to the board, in which event a majority vote of the board shall govern and conclusively determine such question;
(3) To exercise the right to vote to break a tie vote;
(4) To sign all ordinances, resolutions, and contracts in behalf of the county;
(5) To execute all evidences of indebtedness incurred by the county;
(6) To act as ceremonial head of the county government; and
(7) To exercise other administrative duties that may be delegated to the chairman by the board of commissioners.
(b) The office of the chairman of the board of commissioners shall be part time.
(c) In the event of vacancy in the office of chairman or the illness, incapacity, absence, or failure to act, the duties of the chairman may be exercised by the vice chairman. In the event of a vacancy, illness, absence, incapacity, or failure to act by the chairman for a period exceeding 30 days, the vice chairman, on approval of the board of commissioners, shall be compensated in the same amount as that provided for the office of chairman."
Section 4. Said Act is further amended by striking Section 10 and inserting in its place a new Section 10 to read as follows:

MONDAY, FEBRUARY 8, 1988

519

"Section 10. The removal or suspension of the chairman or a member of the board of commissioners of Oconee County shall be governed by general law."
Section 5. Section 3 of this Act shall become effective on January 1, 1989. The remain ing provisions of this Act shall become effective upon their approval by the Governor or upon their becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 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:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Harrison Mine Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Barker Broun (excused) Coleman

Hudgins Langford McGill (excused)

Ragan of 10th Timmons

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 1323 and HB 1378, having received the requisite constitutional majority, were passed.

HB 1323, having received the requisite constitutional majority, was passed as amended.

HB 1378, having received the requisite constitutional majority, was passed by substitute.

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The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:
STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons, numbered 600 through 642, who have registered in the Docket of Legislative Appearance as of February 5, 1988, 3:00 p.m., in accordance with Georgia Law 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 5th day of February, in the year of our Lord One Thousand Nine Hundred and Eighty-Eight and of the Independence of the United States of America the Two Hundred and Twelfth.
Isl Max Cleland Secretary of State
(SEAL)

600. Charles H. Schroder Suite 870 South Tower One CNN Center Atlanta, Georgia 30303 404/681-7657 Democratic Party Georgia, Inc.
601. J. David Porter 511 Susan Creek Drive Stone Mountain, Georgia 30083 404/394-4414 Young Democrats of America College Young Democrats of America Young Democrats of Georgia
602. Laura Jean Meadows Post Office Box 7068 Macon, Georgia 31298 912/474-8411 Georgia Farm Bureau Federation
603. Frank L. Moiger 1627 Peachtree Road Suite 306 Atlanta, Georgia 30309 404/872-7540 National Kidney Foundation of Georgia, Inc. American Association of Kidney Patients, Inc.
604. Kimberly Ellis P.O. Box 522 Americus, Georgia 31709 912/924-7998 Citizen

605. Claude D. Jones 38 Old Ivy Road Atlanta, Georgia 30342 404/233-1900 Citizen
606. Sheila J. O'Farrell 136 Marietta Street Suite 347 Atlanta, Georgia 30303 404/521-3731 Georgia Environmental Project Citizen
607. Carol Williams 136 Marietta Street Suite 347 Atlanta, Georgia 30303 404/521-3731 Georgia Environmental Project Citizen
608. James D. Engstrom 100 Edgewood Avenue, N.E. Post Office Box 2692 Atlanta, Georgia 30371 404/527-7363 United Way of Metro Atlanta United Ways of Georgia
609. Margaret S. York P.O. Box 2692 Atlanta, Georgia 30371 404/527-7200 United Way of Metro Atlanta

MONDAY, FEBRUARY 8, 1988

521

610. Thomas J. Harrold, Jr. 1409 Peachtree Street, N.E. Atlanta, Georgia 30309 404/885-1500 Motion Picture Association of America, Inc. Bank of Nova Scotia, The
611. Thomas A. Player 75 Poplar Street Haas Howell Building Atlanta, Georgia 30303-2122 404/681-2600 Aetna Insurance Company Georgia State Association of Life Underwriters
612. VOID
613. Dr. R.L. Thomas 715 N. Clarkesville Street Cornelia, Georgia 30531 404/778-4013 Georgia Chiropractic Association, Inc.
614. William Warren Alcorn 1847 Peeler Road Suite A&C Dunwoody, Georgia 30338 404/393-8625 Georgia Utility Contractors Association Conditioned Air Association of Georgia Georgia Drillers Association
615. D. Gordon Draves 4145 Rue D'Artagnan Stone Mountain, Georgia 30083 404/297-7601 Georgians Against Smoking Pollution
616. Richard M. Grayson 1700 Trust Company of Ga. Bldg. Atlanta, Georgia 30303 404/586-8365 Citizen
617. Joe T. Taylor 100 Galleria Parkway Suite 1200 Atlanta, Georgia 30339 404/955-8445 Citizen

618. Tony Center Suite 300 Bldg. 4 750 Hammond Drive Atlanta, Georgia 30328 404/252-8080 Citizen
619. Herman R. Daniell 1 Depot Street Marietta, Georgia 30060-1909 404/421-3100 Georgia Association of Assessing Officials
620. Allison Coles 1021 Ragley Hall Road Atlanta, Georgia 30319 404/252-1725 Georgia Psychological Association
621. Joseph Carlisi 4649 Buford Highway Chamblee, Georgia 30341 404/454-7737 Association of Georgia DriverImprovement Clinics Buford Highway D.U.I. School South Fulton Driver Improvement Clinic Citizen
622. Dale E. Brown Two Concourse Parkway Suite 800 Atlanta, Georgia 30328 404/395-1605 International Association for Financial Planning
623. VOID
624. Norma E. Fox 100 Edgewood Avenue, N.E. Post Office Box 2692 Atlanta, Georgia 30371 404/527-7361 United Way of Metropolitan Atlanta United Ways of Georgia
625. Dallas F. Whaley 3580 Yarmouth Hill Lawrenceville, Georgia 30244 404/923-9518 Towing and Recovery Association of Georgia Georgia Professional Towing and Recovery Association

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626. C. Powers Dorsett P.O. Box 71 West Point, Georgia 31833 404/645-4100 West Point Pepperell, Inc.
627. Randolph C. Coley 2500 Trust Company Tower Atlanta, Georgia 30303 404/572-4600 Georgia Pacific Corporation
628. Gloria W. Leonard 2753 Connally Drive, S.W. Atlanta, Georgia 30311 404/688-1256 Communication Workers of America
629. Annette S. Johnson 3891 Northstrand Drive Decatur, Georgia 30035 404/284-6882 Communication Workers of America
630. Walter James Cleveland, Jr. 5064 Singleton Road Norcross, Georgia 30319 404/923-5580 Communication Workers of America
631. John S. Kerwick 374 Maynard Terrace, S.E. Atlanta, Georgia 30316 404/377-9292 Communication Workers of America
632. W.R. Hornsby 750 Glass Street, N.W. Atlanta, Georgia 30318 404/873-6904 Georgia Professional Bail Agents
633. Cheri Marie Villines 2218 McCurdy Road Stone Mountain, Georgia 30083 404/938-3436 C.A.T.C.H. DeKalb County Sexual Abuse Task Force
634. John P. Granfield 5173 Northland Drive, N.E. Atlanta, Georgia 30342 404/255-7939 Citizen

635. Marty Benton 2615 Sandy Plains Road Suite 101 Marietta, Georgia 30066 404/977-4673 Liberty Federation
636. William A. Vainisi Allstate Ins. Co. Allstate Plaza North, E5 Northbrook, Illinois 60062 312/291-7110 Allstate Insurance Company
637. Timothy Paul Hogg 1580 Agape Way Decatur, Georgia 30035 404/284-5683 Georgia District Assemblies of God
638. Harold Glenn Anthony 4290 Valley Trail, N.W. Atlanta, Georgia 30339 404/435-4823 Georgia on Premise Lounge Association Georgia Federation of Hospitals, Inc. Great Southern Paper Company
639. Jeanine Perkins 230 Peachtree Street Suite 1900 Atlanta, Georgia 30303 404/688-2600 American Council of Life Insurers American Insurance Association
640. Rusty Kidd Post Office Box 77102 Atlanta, Georgia 30357 404/876-0353 Georgia Academy of Family Physicians Georgia Chapter-American Academy of Pediatrics Kidd & Associates Middle Georgia Management Services Inc. American Medical International Hemophilia of Georgia, Inc. Georgia Business Travel Corp.

MONDAY, FEBRUARY 8, 1988

523

641. J.R. Cullens Box 326 Cartersville, Georgia 30120 404/382-2613 First American National Bank Chateau Elan Viking Distillery
Glenmore Distilleries Company State Bar of Georgia G. Heilman Brewing Company Etowah Vineyards Mr. Agency of Georgia Bianchi Vineyards Barton Brands, Ltd. Habersham Vineyards International Barrier Corp.

642. Catherine M. Butler 100 Peachtree Street Suite 2900 Atlanta, Georgia 30303 404/522-4800 Preferred Health Plan, Inc.

SENATE RULES CALENDAR
Monday, February 8, 1988
TWENTIETH LEGISLATIVE DAY
SB 249 Teachers Retirement--retaining retirement first part of ensuing school year (Substitute) (Ret--llth)
SB 370 Teachers Retirement--change provisions on definition of teacher (Ret--2nd) SB 453 Certain Solid Waste Disposal Sites--issuance of permits (Substitute)
(Nat R--56th) SB 458 Certain National Guard Members--special license plates free of charge
(D&VA--33rd) SB 473 Certain Corrections Department Employees--workers' compensation coverage
(I&L--30th)
SB 490 Debt Collection Through Tax Refund--"claimant agency" (I&L--45th) SB 491 Employment Security Law--change certain penalty provisions (I&L--45th) SB 503 Submerged Cultural Resources--cultural value (Nat R--3rd) SB 518 Low-Level Radioactive Waste Management Compact--withdrawal
(Nat R--20th) SB 540 Accident Reparations Act--determining motor vehicle value (Amendment)
(Ins--55th)
SB 547 Subsequent Injury Trust Fund Board of Trust--ex officio member (I&L--45th) SB 550 Professional Forestry--define practice (Nat R--20th) SB 556 Bad Checks--parties who may prosecute (Judy--42nd) SB 557 Tattooing--age at which unlawful (Judy--42nd)
SR 296 Margaret Mitchell--preservation of apartment home (Nat R--40th) SR 301 Legislators' Personal Records--official depository (Judy--22nd) HB 743 Motor Common and Contract Carrier--definition (Substitute) (C Aff--2nd) HB 106 Legislative Retirement System--credit for certain prior General Assembly ser
vice (Ret--53rd)
HB 305 Employees' Retirement--Agricultural Exposition Authority become members (Ret--24th)
HB 356 Firemen's Pension Fund--increase maximum benefit (Ret--40th) HB 357 Teachers Retirement--postretirement benefit adjustment (Ret--4th)

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HB 358 Employees' Retirement--one-time cost-of-living increase certain beneficiaries (Ret--19th)
HB 458 Peace Officers Annuity and Benefit Fund--benefits (Ret--19th)
HB 718 Sheriffs' Retirement Fund--requirements for continued active membership (Ret--llth)
Respectfully submitted,
/s/ 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 249. By Senator Timmons of the llth:
A bill to amend Article 6 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to eligibility for retirement under the Teachers Retirement System of Georgia, so as to authorize retirement for members who will attain 30 years of service during the first part of an ensuing school year; to provide for other matters relative thereto; to provide an effective date.

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

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1987

SUBJECT: Actuarial Investigation--Senate Bill 249S (Substitute) (LC 7 6754S) Teacher's Retirement System

This bill would allow members of the Teachers Retirement System who would attain 30 years of creditable service by the thirty-first day of December of a school year to retire on the first day of September nearest to the opening day of that school year. Eligible members must apply for early retirement to the board of trustees and their employer prior to May 1 of the preceding school year. The member must also pay the employer and employee contri butions to the fund which would have been paid if the member had continued active em ployment until the month immediately following the date which the member attained 30 years of creditable service. The payment would be based on the member's compensation immediately prior to the opening date of the effective school year of retirement. The contri butions would have to be paid in full prior to the date of retirement. If passed, this Bill would become effective on July 1, 1988.

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

MONDAY, FEBRUARY 8, 1988

525

(1) The amount of unfunded actuarial accrued liability which will result from the bill.
(2) The amount of annual normal cost which will result from the bill.
(3) The employer contribution rate currently in effect.
(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).
(5) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$ neglible $ 330,000
13.28% 13.29%
$330,000

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
hi G. W. Hogan State Auditor

Buck Consultants 200 Galleria Parkway, N.W. Suite 1060 Atlanta, Georgia 30339
November 30, 1987

Honorable G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334
Dear Mr. Hogan:
Re: Senate Bill 249 (LC 7 6754S)
As requested, we have made an actuarial investigation of the impact of Senate Bill 249 (LC 7 6754S) on the Teachers' Retirement System in accordance with the requirements of Code Section 47-20-36.
This Bill would authorize retirement for members who attain 30 years of service during the first part of an ensuing school year. The cost of this proposal would be approximately $330,000 in the first year, or about 0.01% of active payroll. The increase in unfunded actua rial accrued liability would be negligible.
The following table shows the unfunded actuarial accrued liability and recommended employer contributions before and after the proposed amendment. The recommended em ployer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands.

Unfunded Actuarial Accrued Liability Annual Contribution
Normal Accrued Liability
Total

Before Amendment
$3,165,537

After Amendment
$3,165,537

Increase Negligible

%
6.45% 6.83 13.28%

Annual Amount
$212,850 225,390
$438,240

%
6.46% 6.83 13.29%

Annual Amount
$213,180 225,390
$438,570

%
0.01% 0
0.01%

Annual Amount
$330 Negligible
$330

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JOURNAL OF THE SENATE

The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1987 actuarial valuation of the System, together with an estimated payroll of $3,300,000,000.
Sincerely yours,
/s/ Donald M. Overholser Consulting Actuary
The Senate Committee on Retirement offered the following substitute to SB 249:
A BILL
To be entitled an Act to amend Article 6 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to eligibility of retirement under the Teachers Retirement Sys tem of Georgia, so as to authorize early retirement on the basis of 30 years of service for certain members who will attain 30 years of service by not later than a certain date of an ensuing school year; to provide conditions and requirements relative thereto; to provide for other matters relative thereto; to provide for automatic repeal on a certain date; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to eligibility for retirement under the Teachers Retirement System of Georgia, is amended by adding at the end thereof a new Code Section 47-3-102 to read as follows:
"47-3-102. (a) As used in this Code section, the term 'school year' means a regular school year which begins during or near September of one year and ends during or near June of the following year.
(b) Notwithstanding the provisions of subsection (a) of Code Section 47-3-101, a mem ber employed pursuant to a contract for each school year who will attain 30 years of credita ble service by not later than the thirty-first day of December of the ensuing school year shall be eligible to retire effective on the first day of September nearest to the opening date of the ensuing school year on the basis of 30 years of creditable service, subject to the following conditions and requirements:
(1) The member must apply for early retirement pursuant to the authority of this Code section to the board of trustees, with a copy of such application being sent to the member's employer, by not later than the first day of May immediately preceding the opening date of the ensuing school year; and
(2) The member must pay to the board of trustees the employer and employee contri butions that would have been paid to the retirement system, as if the member had contin ued active employment, during the period beginning on the first day of September nearest to the opening date of the ensuing school year and ending on the last day of the month during which the member would have attained 30 years of creditable service.
(c) The payment required by paragraph (2) of subsection (b) of this Code section shall be based on the compensation of the member which was in effect immediately preceding the opening date of the ensuing school year. For the purposes of determining average compensa tion in the computation of the retirement benefit under paragraph (2) of subsection (a) and subsection (d) of Code Section 47-3-120, the two consecutive years of creditable service shall include the period on which the payment required by paragraph (2) of subsection (b) of this Code section is based, and the compensation of such period shall be the same as the com pensation used for the determination of such payment.
(d) The board of trustees shall certify to the applicant the amount of the payment required by paragraph (2) of subsection (b) of this Code section upon receiving an applica tion for early retirement under this Code section. The payment so certified must be paid in full by the applicant to the board prior to the date of retirement under this Code Section.
(e) This Code section shall be repealed in its entirety on July 2, 1992."

MONDAY, FEBRUARY 8, 1988

527

Section 2. This Act shall become effective on July 1, 1988. Section 3. 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 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G.W. Hogan, State Auditor

DATE:

February 1, 1988

SUBJECT: Senate Bill 249S (Substitute) (LC 7 6909S) Teachers' Retirement System

This Bill would allow members of the Teachers Retirement System who would attain 30 years of creditable service by the thirty-first day of December of a school year to retire on the first day of September nearest to the opening day of that school year. Eligible members must apply for early retirement to the board of trustees and their employer prior to May 1 of the preceding school year. The member must also pay the employer and employee contri butions to the fund which would have been paid if the member had continued active em ployment until the month immediately following the date which the member attained 30 years of creditable service. The payment would be based on the member's compensation immediately prior to the opening date of the effective school year of retirement. The contri butions would have to be paid in full prior to the date of retirement. If passed, this Bill would become effective on July 1, 1988 and repealed in its entirety on July 2, 1992.

This is to certify that this Bill is a nonfiscal amendment to SB 249S (LC 7 6754S) and the actuarial investigation to LC 7 6754S would apply also to this Bill LC 7 6909S.

/s/ G.W. Hogan State Auditor

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 a follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coverdell Crumbley

Dawkins Deal Dean Echols Edge Engram Fincher Foster Garner Gillis Harris

Harrison Hine Howard Huggins Johnson Kennedy Kidd Land Newbill Olmstead Peevy

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JOURNAL OF THE SENATE

Perry Phillips Ragan of 10th Ragan of 32nd
Ray

Scott of 2nd Scott of 36th Shumake Starr
Tate

Taylor Turner
. Tysmger
Walker

Those not voting were Senators:

Broun (excused) Coleman English

Hudgins Langford McGill (excused)

McKenzie Stumbaugh 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.

Senator Kennedy of the 4th moved that the following local bill of the House, having been passed previously today, be immediately transmitted to the House:

HB 1378. By Representative Stancil of the 66th:
A bill to amend an Act creating the board of commissioners of Oconee County so as to change the powers, duties, and authority of the chairman; to provide for duties of the vice chairman; to change the provisions relating to removal or sus pension of the chairman or the members of the board of commissioners.

On the motion, the yeas were 38, nays 0; the motion prevailed, and HB 1378 was imme diately transmitted to the House.

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

SB 417. By Senators Broun of the 46th and Kidd of the 25th:
A bill to amend Code Section 35-2-33 of the Official Code of Georgia Annotated, relating to duties and responsibilities of the Uniform Division of the Department of Public Safety, so as to provide that the commissioner of public safety may, and upon the request of the Governor shall, authorize and direct the Uniform Division to provide certain transportation, escort, and security services in con nection with certain athletic events in the state.

The House substitute to SB 417 was as follows:

A Bill
To be entitled an Act to amend Code Section 35-2-33 of the Official Code of Georgia Annotated, relating to duties and responsibilities of the Uniform Division of the Depart ment of Public Safety, so as to provide that the commissioner of public safety may, and upon the request of the Governor shall, authorize and direct the Uniform Division to pro vide for transportation, escort, and security services in connection with collegiate athletic events involving an institution of the University System of Georgia which offers four-year postsecondary degrees and to provide certain services which are necessary to promote the safety of certain collegiate athletic teams and the general public; to provide for personnel of the Uniform Division to be allowed to accompany collegiate athletic teams of such institu tions of the University System of Georgia which offer four-year postsecondary degrees trav eling to athletic events inside or outside the state; to provide for reimbursement of the cost of such services to the Department of Public Safety; to provide for related matters; to pro vide an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 8, 1988

529

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 35-2-33 of the Official Code of Georgia Annotated, relating to duties and responsibilities of the Uniform Division of the Department of Public Safety, is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by adding after subsection (b) a new subsection (c) to read as follows:
"(c) The commissioner may, and in the case of a request by the Governor shall, author ize and direct the Uniform Division to:
(1) Provide security protection services, or transportation or escort services, or both to coaches, players, and referees and other officials in connection with collegiate athletic events involving an institution of the University System of Georgia which offers four-year postsecondary degrees when such security protection services, or transportation or escort ser vices, or both are necessary or appropriate to deter actual or potential threats to the safety of such individuals; and
(2) Provide services which are necessary or appropriate to promote the safety of the collegiate athletic teams of such institutions of the University System of Georgia which offer four-year postsecondary degrees or the general public or both or to facilitate travel by such collegiate athletic teams or the general public or both;
(3) Allow personnel of the Uniform Division, while on duty and in uniform, to accom pany collegiate athletic teams of such institutions of the University System of Georgia which offer four-year postsecondary degrees traveling to athletic events inside or outside the state and to make use of department vehicles for this purpose, provided that the department shall be reimbursed by such affected institution of the University System of Georgia for any expenses incurred by such personnel of the Uniform Division while carrying out such duties."
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 Kidd of the 25th moved that the Senate agree to the House substitute to SB 417.

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

English Engram
Fincher
Foster Garner

BBuryrtaonnt Coverdell Crumbley
Dawkins Deal Dean Echols Edge

HHiaanrmerisson Hudgins Huggins
Johnson Kennedy Kidd Newbill Olmstead

Peevy Perry Ragan of 10th Ragan of 32nd
Scott of 2nd Sf0h,coutmt aok,fe36th ^tarr btumbaugn
Tate Taylor Turner Tysinger Walker

Voting in the negative was Senator Land.

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JOURNAL OF THE SENATE

Those not voting were Senators:

Broun (excused) Coleman Howard

Langford McGill (excused) McKenzie

Phillips Timmons

On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 417.

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

SB 370. By Senators Scott of the 2nd, Coleman of the 1st, Allgood of the 22nd and others:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the pro visions relating to the definition of a teacher; to authorize certain public school employees to become members of the retirement system; to provide for certain creditable service in connection therewith.

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 Albert Scott

State Senator

FROM:

G.W. Hogan, State Auditor

DATE:

February 25, 1987

SUBJECT

Senate Bill 370 (LC 7 6674) Teachers Retirement System--Public School Employees Retirement System

This Bill would give full-time public school security personnel the option of becoming members of the Teachers Retirement System (TRS) or remaining members of the Public School Employees Retirement System (PSERS). Qualifying PSERS members would have until January 1, 1989 to transfer service, while those hired after July 1, 1988 would be given thirty days from the date of employment to select membership in either system. Except for those who choose to retain vested rights in the Public School Employees Retirement Sys tem, the transferring members would be able to obtain creditable service under the TRS by providing additional employee and employer contributions plus accrued interest necessary to update their annuity account balance. If enacted, this Bill would become effective July 1, 1988.

This is to certify that this Bill would have a fiscal impact as defined in the Public Retirement Systems Standards Law.

Is,/ G.W. Hogan State Auditor

MONDAY, FEBRUARY 8, 1988

531

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

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G.W. Hogan, State Auditor

DATE:

December 1, 1987

SUBJECT: Actuarial Investigation--Senate Bill 370 (LC 7 6674) Teachers Retirement System/Public School Employees Retirement System

This Bill would give full-time public school security personnel the option of becoming members of the Teachers Retirement System (TRS) or remaining members of the Public School Employees Retirement System (PSERS). Qualifying PSERS members would have until January 1, 1989 to transfer service, while those hired after July 1, 1988 would be given thirty days from the date of employment to select membership in either system. Except for those who choose to retain vested rights in the Public School Employees Retirement Sys tem, the transferring members would be able to obtain creditable service under the TRS by providing additional employee and employer contributions plus accrued interest necessary to update their annuity account balance. If enacted, this Bill would become effective July 1, 1988.

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

(1) The amount of unfunded actuarial accrued liability which will result from the bill.

$1,152,000

(2) The amount of annual normal cost which will result from the bill.

$ 77,400

(3) The employer contribution rate currently in effect.

13.28%

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

13.28%

(5) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$159,400

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
/s/ G.W. Hogan State Auditor

532

JOURNAL OF THE SENATE

Buck Consultants 200 Galleria Parkway, N.W. Suite 1060 Atlanta, Georgia 30339
December 1, 1987
Honorable G.W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334
Dear Mr. Hogan:
Re: Senate Bill 370 (LC 7 6674)
As requested, we have made an actuarial investigation of the impact of Senate Bill 370 (LC 7 6674) on the Teachers' Retirement System in accordance with the requirements of Code Section 47-20-36.
This Bill would authorize full time public school security personnel to become members of TRS. The cost of this proposal cannot be determined since we do not know how many employees would be affected. However, we would expect the annual cost to be about $159,360 if 80 such members with total annual payroll of $1,200,000 were to be covered. The estimated increase in unfunded accrued actuarial liability would be $1,152,000.
The following table shows the unfunded actuarial accrued liability and recommended employer contributions before and after the proposed amendment. The recommended em ployer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands.

Unfunded Actuarial Accrued Liability Annual Contribution
Normal Accrued Liability
Total

Before Amendment
$3,165,537

After Amendment
$3,166,689

%
6.45% 6.83 13.28%

Annual Amount
$212,850 225,390 $438,240

%
6.45% 6.83 13.28%

Annual Amount
$212,927.4 225,472.0 $438,399.4

Increase $1,152

Annual % Amount

0%

$77.4

0

82.0

0% $159.4

The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1987 actuarial valuation of the System, together with an estimated payroll of $3,300,000,000 for TRS and $1,200,000 for the employees to be covered.

Sincerely yours,
/s/ Donald M. Overholser Consulting Actuary

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

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

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Bowen

MONDAY, FEBRUARY 8, 1988

533

Brannon Bryant Burton Coverdell
Crumbley Dean Echols Edge English Engram Fincher Foster Garner

Gillis Harris Harrison Hine Hudgins Muggins Johnson Kennedy Kidd Land Newbill Olmstead Perry

Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Walker

Voting in the negative were Senators Deal and Peevy.

Those not voting were Senators:

Broun (excused) Coleman Dawkins

Howard Langford McGill (excused)

McKenzie Timmons Tysinger

On the passage of the bill, the yeas were 45, nay 2.

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

SB 453. By Senators Newbill of the 56th, Deal of the 49th, Foster of the 50th and others:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to restrict the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining municipality or county under certain circumstances.

The Senate Committee on Natural Resources offered the following substitute to SB 453:

A BILL
To be entitled an Act to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to restrict in coun ties having more than a certain population the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining municipality or county under certain circumstances; to provide certain exceptions; to provide that no permit for a solid waste disposal site shall be issued to counties having more than a certain population or to municipalities or private persons within such counties unless certain requirements are met; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," is amended by adding between Code Sec tions 12-8-28 and 12-8-29 two new Code Sections 12-8-28.1 and 12-8-28.2 to read as follows:
"12-8-28.1. (a) Except as otherwise provided in subsection (b) of this Code section, to encourage cooperation between the various municipalities and counties, no permit shall be issued for a solid waste disposal site in any county having a population of more than 350,000 according to the United States decennial census of 1980 or any future census if any part of such site is within one-half mile of an adjoining municipality or county without the appli cant's first receiving the express approval of the governing authority of that adjoining mu nicipality if the site is in a municipality or adjoining county if the site is in a county outside of a municipality; provided, however, that the director may permit such a site if the request ing municipality or county provides satisfactory evidence that no reasonably feasible (eco-

534

JOURNAL OP THE SENATE

nomic or environmental) alternative sites or methods are available to that jurisdiction for the handling of its solid waste. This Code section shall apply to all permit applications made on or after July 1, 1988, and to all permits issued prior to July 1, 1988, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process.
(b) The consent of an adjoining municipality or county as provided in subsection (a) of this Code section shall not be required when the expansion of an existing solid waste dispo sal site is granted by the director or when the ownership, direct or indirect, of an existing solid waste disposal site is transferred.
12-8-28.2. (a) To lessen the possibility of any impairment to the quality of the ground or surface waters, impairment to the environment, or creation of any hazard to the public health, safety, or well-being, no permit for a solid waste disposal site shall be issued by the director to any county having a population of more than 350,000 according to the United States decennial census of 1980 or any future such census or to any municipality located in such county or to any private person residing in such county unless that county, municipal ity, or private person has full investigated to the satisfaction of the director all technological advances in solid waste recovery or disposal methods which reduce the volume and content of solid waste which will be disposed at the site. The director may waive the provisions of this Code section if the county, municipality, or private person can provide satisfactory evi dence to the director that no technological means exist that will reduce the volume or con tent of the disposed solid waste or that such technological advances are not economically feasible.
(b) This Code section is enacted to encourage the preservation of all surface or ground water resources in populated areas. This Code section shall apply to all permit applications made on or after July 1, 1988, and to all permits issued prior to July 1, 1988, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

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

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

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

MONDAY, FEBRUARY 8, 1988

535

Those not voting were Senators:

Broun (excused) Langford

McGill (excused) McKenzie

Timmons

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

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

Senator Newbill of the 56th moved that SB 453 be immediately transmitted to the House.

On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 453 was immedi ately transmitted to the House.

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

Mr. President:

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

HB 1580. By Representatives Greer of the 39th, Martin of the 26th and Alford of the 57th:
A bill to amend an Act known as the "Metropolitan Atlanta Transit Authority Act of 1965," so as to give the Authority power to contract for cleaning, mainte nance, and landscaping services by negotiation and to make purchases without competitive bidding in certain cases in which the state or federal government has in effect a contract for like purchases.

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

HB 1580. By Representatives Greer of the 39th, Martin of the 26th and Alford of the 57th:
A bill to amend an Act known as the "Metropolitan Atlanta Transit Authority Act of 1965," so as to give the Authority power to contract for cleaning, mainte nance, and landscaping services by negotiation and to make purchases without competitive bidding in certain cases in which the state or federal government has in effect a contract for like purchases.
Referred to Committee on Urban and County Affairs.

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

SB 458. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to provide, free of charge, special license plates for for mer members of the Georgia National Guard with 20 or more years' service in the National Guard; to provide procedures; to provide for form of license plate.

536

JOURNAL OP 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 30334/8400

MEMORANDUM

TO:

The Honorable Glenn E. Bryant, Chairman

Senate Defense and Veterans Affairs Committee

FROM:

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

DATE:

February 3, 1988

SUBJECT: Fiscal Note--Senate Bill 458 (LC 4 5071) National Guard--Special License Plates

This Bill would allow former members of the Georgia National Guard with 20 or more years of service to receive special license plates free of charge. If enacted, this Bill would become effective upon the Governor's approval or upon becoming law without such ap proval, and would apply to motor vehicle tags issued in 1989 and subsequent years.

The approximate cost to the State to enact this Bill would be $38,500 in 1989, and $40,400 in 1990. The approximate cost to counties for the same years would be $21,700 and $22,800 respectively. The costs for free decals in 1991 would be approximately $11,500 to the State and $800 to counties. It should be noted that this Bill would allow new license plates to be issued in 1989, and new plates are required in 1990. New plates would not be issued again until 1997. It should also be noted that the estimated costs are based upon the 1400 retired National Guard with 20 or more years of service and approximately 70 new retirees each year.

M G. W. Hogan State Auditor

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Engram Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

MONDAY, FEBRUARY 8, 1988

537

Those not voting were Senators:

Broun (excused) Bryant Fincher

Langford McGill (excused)

McKenzie Timmons

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

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

SB 473. By Senators Garner of the 30th and Crumbley of the 17th:
A bill to amend Code Section 34-9-2 of the Official Code of Georgia Annotated, relating to the applicability of the workers' compensation laws to employers and employees generally, so as to extend coverage of the workers' compensation laws to employees of the Department of Corrections who are engaged in farm and livestock operations; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon
B^f* BCoulretomnan
Coverdell Crumbley
Dawkins Deal Dean Echols Edge

English Engram Foster Garner Gillis Harris Harrison
H'ne . HHouwdgairnds
Huggins Johnson
Kennedy Kidd Land Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd j^ay Scott rf 2nd
Scott of 36th 0S1h_umak, e
tarr btumbaugh
Tate Tay\OT Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Fincher

Langford McGill (excused)

McKenzie Timmons

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

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

SB 490. By Senator Dawkins of the 45th:
A bill to amend Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definition with respect to collection of debts through setoff of refunds from income taxes, so as to change the definition of the term "claimant agency".

538

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
BBraarnnenson Bryant BCoulretomnan
Coverdell Crumbley
Dawkins Deal Dean Echols

Edge English Foster Gillis
HHaarrrriisson Hme HHouwdgairnds
Huggins Johnson
Kennedy Kidd Land Newbill

Olmstead Peevy Perry Phillips
RRagan ooff 3120nthd R cSco*tt of 36th,
Sta" Stumbaugh
Tate Turner Tysinger Walker

Those not voting were Senators:

Bowen Broun (excused) Engram Fincher

Garner Langford McGill (excused) McKenzie

Scott of 2nd Shumake Taylor Timmons

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

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

SB 491. By Senator Dawkins of the 45th:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to change certain penalty provi sions relating to the "Employment Security Law"; to make it unlawful for any person to establish a fictitious employing unit for the purpose of receiving unem ployment compensation benefits; to provide a penalty.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Bryant Burton Coleman

Coverdell Crumbley Dawkins Deal Dean Echols Edge English Engram

Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins

MONDAY, FEBRUARY 8, 1988

539

Johnson Kennedy Kidd Land McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 32nd Ray Scott of 36th Shumake

Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Baldwin Broun (excused) Fincher

Langford McGill (excused) Ragan of 10th

Scott of 2nd Timmons

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

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

SB 503. By Senator Bryant of the 3rd:
A bill to amend Part 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to submerged cultural resources, so as to provide that the Board of Natural Resources may provide by rule that certain submerged cultural resources are of no economic or cultural value and may be exempt from provi sions of this part.

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

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

English Engrain Fincher Foster Gillis Harris Harrison Hine Howard Huggins Johnson Kennedy Kidd Land

Newbill Olmstead Peevy Phillips Ragan of 10th Ragan of 32nd Ray Shumake Starr Stumbaugh Tate Taylor Turner Walker

Those voting in the negative were Senators:

Barnes

Hudgins

Perry

Those not voting were Senators:

Broun (excused) Edge Garner Langford

McGill (excused) McKenzie Scott of 2nd

Scott of 36th Timmons Tysinger

540

JOURNAL OF THE SENATE

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

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

Senator Bryant of the 3rd moved that SB 503 be immediately transmitted to the House.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 503 was immedi ately transmitted to the House.

Senator Kidd of the 25th moved that the Third Conference Committee be appointed 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.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the President ap pointed as a Third Conference Committee on the part of the Senate the following:

Senators Kidd of the 25th, Walker of the 43rd and Hudgins of the 15th.

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

SB 518. By Senators Gillis of the 20th, Ray of the 19th and Kennedy of the 4th:
A bill to amend Code Section 12-8-122 of the Official Code of Georgia Annotated, relating to the Southeast Interstate Low-Level Radioactive Waste Management Compact, so as to set forth the conditions upon which a party state may with draw from the compact without the unanimous approval of the other party states and the consent of Congress.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton
Coleman Coverdell Crumbley Dawkins

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

Howard Hudgins Huggins Johnson Kennedy Kidd Land Newbill Olmstead
Peevy Perry Phillips Ragan of 10th

MONDAY, FEBRUARY 8, 1988

541

Ragan of 32nd Ray Scott of 2nd Scott of 36th

Shumake Starr Stumbaugh Tate

Taylor Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Langford

McGill (excused) McKenzie

Timmons

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

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

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

SB 540. By Senators Stumbaugh of the 55th, Crumbley of the 17th, Allgood of the 22nd and others:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to pro vide that the Commissioner of Insurance shall provide by regulation guidelines for determining the value of a motor vehicle under certain circumstances; to pro vide for the content of such regulations; to provide an effective date.

The Senate Committee on Insurance offered the following amendment: Amend SB 540 by striking from line 14 of page 1 the following: "July 1, 1988", and inserting in lieu thereof the following: "November 1, 1988".

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

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

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

Those voting in the affirmative were Senators:

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

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

Land McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate

542

JOURNAL OF THE SENATE

Taylor

Turner

Tysinger

Those not voting were Senators:

Broun (excused) Hudgins Kennedy (presiding)

Langford McGill (excused) Shumake

Timmons Walker

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

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

SB 547. By Senator Dawkins of the 45th:
A bill to amend Code Section 34-9-354 of the Official Code of Georgia Annotated, relating to the creation and appointment of the Board of Trustees of the Subse quent Injury Trust Fund, so as to provide that the executive director, rather than the secretary-treasurer, of the State Board of Workers' Compensation shall be an ex officio member of such board of trustees.

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

On the passage 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

English Engram Fincher Foster Garner Gillis

Burton CCoruvmerbdleelyl
Dawkins Deal Dean Echols Edge

Harnson HHoinweard
Johnson Kidd McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of loth Ragan of 32nd
Scott of 36th
Stumbaugh,
1 a^e Taylor Turner Tysinger Walker

Those not voting were Senators:

Barker Broun (excused) Coleman Hudgins

Huggins Kennedy (presiding) Land Langford

McGill (excused) 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.

SB 550. By Senators Gillis of the 20th, English of the 21st and Ray of the 19th:
A bill to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to de fine the practice of professional forestry; to provide for the appointment of the

MONDAY, FEBRUARY 8, 1988

543

State Board of Registration for Foresters; to revise the qualifications, time for meetings, powers, and records of said board.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coverdell Crumbley Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Harris Harrison Hine Howard Huggins Johnson Kidd Land Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Coleman Echols Edge

Hudgins Kennedy (presiding) Langford

McGill (excused) McKenzie Timmons

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

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

SB 556. By Senator Howard of the 42nd:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the issuance of bad checks, so as to specify the parties who may prose cute an action under this Code section; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon

Bryant Burton Coverdell Crumbley Dawkins Deal Dean

Echols Edge Engram Foster Garner Gillis Harris

544

JOURNAL OF THE SENATE

Harrison Hine Howard Huggins K'ddn
Land McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th

Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Coleman English Fincher

Hudgins Kennedy (presiding) Langford

McGill (excused) Ragan of 10th Timmons

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

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

SB 557. By Senator Howard of the 42nd:
A bill to amend Code Section 16-5-71 of the Official Code of Georgia Annotated, relating to tattooing, so as to change the age of those persons whom it is unlawful to tattoo.

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

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

Engram Fincher Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Johnson Kidd Land McKenzie Newbill

Olmstead Peevy Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Voting in the negative was Senator Perry.

Those not voting were Senators:

Barker Broun (excused) Coleman English

Howard Kennedy (presiding) Langford

McGill (excused) Scott of 2nd Timmons

MONDAY, FEBRUARY 8, 1988

545

On the passage of the bill, the yeas were 45, nays 1.

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

SR 296. By Senator Coverdell of the 40th:
A resolution relative to preserving the apartment house home of Margaret Mitchell where the world famous novel "Gone With the Wind" was written.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge Engram

Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Land McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Broun (excused)

English Kennedy (presiding) Langford

McGill (excused) Timmons

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

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

SR 301. By Senator Allgood of the 22nd:
A resolution designating the Georgia State University College of Law Library in cooperation with the Special Collections Department of the Georgia State Uni versity library, as the official depository for personal legislative records and pa pers of members of the General Assembly.

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

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

546

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes gowen Brannon BCC.-, oou,vlreteomrndaenll
Crumbley Dawkins Deal Dean Edge Engrain

Fincher Garner Gillis Harris Harrison Hine HHuHuougwdjggaiirnndss
Johnson Kidd Land McKenzie Newbill Olmstead

Peevy

Perry

Phillips

Ragan of loth

R of 32nd

^

S00Sccoo.tt,tt

off of

n2nd, 36th

Shumake

Starr

Stumbaugh

Turner

Tysinger

Walker

Those not voting were Senators:

Barker Broun (excused) Bryant Echols

English Foster Kennedy (presiding) Langford

McGill (excused) Tate Taylor Timmons

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

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

The following general bill of the House, having been read the third time on January 11, 1988, and committed to the Senate Committee on Consumer Affairs, and favorably reported by the committee, was put upon its passage:

HB 743. By Representatives Watson of the 114th and Robinson of the 58th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions concerning public utilities and public transportation, so as to change certain provisions relating to the definition of the term "motor com mon carrier and motor contract carrier".
Senate Sponsor: Senator Scott of the 2nd.

The Senate Committee on Consumer Affairs offered the following substitute to HB 743:

A BILL
To be entitled an Act to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change certain provisions relat ing to the definition of the term "motor common carrier and motor contract carrier"; to limit the authority of municipalities to regulate taxicabs and limousines; to authorize any county or municipality to regulate limousines for hire that are domiciled in such county or municipality or that operate between two or more termini in such county or municipality; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by striking in its entirety division (7)(C)(ii) of Code Section 46-1-1, relating to definitions concerning public utilities and public transportation, and inserting in lieu thereof a new division (7)(C)(ii) to read as follows:
"(ii) Taxicabs, limousines, vans, drays, trucks, buses, and other motor vehicles which

MONDAY, FEBRUARY 8, 1988

547

operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities. This exception shall apply to taxicabs, buses, vans, and limousines transporting passengers only even though such vehicles may, in the prosecution of their regular business, occasionally go beyond the corporate limits of such municipalities, provided that they do not operate to or from fixed termini outside of such limits and to any dray or truck which operates within the corporate limits of a city and is subject to regulation by the governing authority of such city or by the commission and which goes beyond the corporate limits only for the purpose of hauling chattels which have been seized under any court process;".
Section 2. Said title is further amended by striking in its entirety division (7)(C)(xiii) of Code Section 46-1-1, relating to definitions concerning public utilities and public transporta tion, and inserting in lieu thereof a new division (7)(C)(xiii) to read as follows:
"(xiii) Vehicles transporting not more than 15 persons for hire, except that any operator of such a vehicle is required to register the exempt operation with the commission, register and identify any of its vehicles, and become subject to the commission's liability insurance and vehicle safety rules. This registration and identification requirement shall not apply to:
(I) Taxicabs, vans, and other motor vehicles operating within the corporate limits of municipalities and subject to regulation by governing authorities of such municipalities;
(II) Taxicabs and vans even though such motor vehicles may, in the prosecution of their regular business, occasionally go beyond the corporate limits of such municipalities, pro vided that they do not operate to and from fixed termini outside of such limits; or
(III) Taxicabs, vans, and other motor vehicles, which are subject to regulation by any municipality.
Except as provided in Part 4 of Article 4 of Chapter 9 of this title, such registration shall in no way abrogate or impair regulation by governing authorities of municipalities in which such motor vehicles operate;".
Section 3. Said title is further amended by adding at the end of Article 4 of Chapter 9, relating to transportation of passengers, a new Part 4 to read as follows:
"PART 4
46-9-180. Taxicabs, limousines, and vans transporting passengers only, which vehicles, in the prosecution of their regular business, occasionally go into the corporate limits of a municipality, shall not be regulated by the governing authority of such municipality unless 10 percent of the business of such taxicabs or limousines is generated in such municipality.
46-9-181. Taxicabs, limousines, and vans which are licensed by the governing authority of a political subdivision and which have a fixed terminal outside of a municipality shall not be required to maintain a fixed terminal within a municipality even if such taxicabs and limousines are subject to regulation by the municipality.
46-9-182. Any county or municipality is authorized to regulate limousines for hire that are domiciled in such county or municipality or that operate between two or more termini in such county or municipality."
Section 4. 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:

548

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes ?Borawnennon TB. rya, nt Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge Engram Fincher Foster
Garner GTIillis "Haarrnnsson Hine Howard Huggins Johnson Kidd McKenzie Newbill

Olmstead Peevy Perry Phillips
Ragan of 10th Rr,agan of 32nd RScaoyfttt of, ,2nd, Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger

Voting in the negative were Senators Hudgins and Land.

Those not voting were Senators:

Broun (excused) English Kennedy (presiding)

Langford McGill (excused) Shumake

Timmons Walker

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

HB 106. By Representatives Reaves of the 147th and Bostick of the 138th:
A bill to amend Code Section 47-6-70 of the Official Code of Georgia Annotated, relating to creditable service under the Georgia Legislative Retirement System, so as to authorize creditable service for certain prior service as a member of the General Assembly.

Senate Sponsor: Senator Huggins of the 53rd.

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

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1987

SUBJECT: Actuarial Investigation--House Bill 106S (Substitute) (LC 7 6757S) Legislative Retirement System

This Bill would allow members of the General Assembly who were serving on April 13,

MONDAY, FEBRUARY 8, 1988

549

1979, that had declined to become a member of a public retirement system, to elect to become a member of the Legislative Retirement System (LRS). Members electing to join the system would be required to pay employer and employee contributions plus regular in terest compounded annually for the prior service (rendered after December 31, 1978) claimed. The payments would have to be made by December 31, 1988 and no creditable service could be obtained under this code section after that date.

This Bill would also grant creditable service in the LRS for service rendered since July 1, 1967 as a member of the General Assembly for which creditable service had not been obtained. To obtain such creditable service would require that the prior service must have been rendered while the member was contributing to either LRS or the Employees' Retire ment System and the member's employee contributions during the period of prior service must not have been withdrawn. If enacted, this Bill would become effective on July 1, 1988.

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

(1) The amount of unfunded actuarial accrued liability which will result from

the bill.

$ 2,762

(2) The amount of annual normal cost which will result from the bill.

$___0

(3) The employer contribution rate currently in effect.

$37,000

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

$37,201

(5) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$ 201

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
/si G.W. Hogan State Auditor

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bwen BDreaannnon
Echols Engram
Fincher

Gillis Harris Hine H ud g ins HKuidgdgins
McKenzie Newbill
Phillips

Ragan of 10th Ray Scott of 36th Shumake ,,late
Taylor Turner
Tysinger

Those voting in the negative were Senators:

Barker Barnes Burton

Coverdell Deal Edge

Foster Garner Harrison

550

JOURNAL OF THE SENATE

Howard Land Olmstead

Peevy Perry Ragan of 32nd

Starr Stumbaugh Walker

Those not voting were Senators:

Broun (excused) Bryant Coleman Crumbley

Dawkins English Johnson Kennedy (presiding)

Langford McGill (excused) Scott of 2nd Timmons

On the passage of the bill, the yeas were 26, nays 18.

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

Senator Scott of the 2nd gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 106.

HB 305. By Representative Reaves of the 147th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commis sions, etc., being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Georgia Agricultural Exposition Authority shall become members of said retirement system.
Senate Sponsors: Senators McGill of the 24th and Ray of the 19th.

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

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1987

SUBJECT: Actuarial Investigation--House Bill 305S (Substitute) (LC 7 6747S) Employees' Retirement System

This Bill provides that employees and officers of the Georgia Agricultural Exposition Authority would be members of the Employees' Retirement System (ERS) as of July 1, 1988. Officers or employees with prior ERS membership service would be allowed to con tinue with the same membership status if there was no break in service. All employer contri butions including employee contributions made by the employer on behalf of members would be made from funds available for the operation of the authority. The authority would also be authorized to deduct any additional employee contributions from the employee's salary.

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

MONDAY, FEBRUARY 8, 1988

551

(1) The amount of unfunded actuarial accrued liability which will result from the bill.
(2) The amount of annual normal cost which will result from the bill.
(3) The employer contribution rate currently in effect.
(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).
(5) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$ 3,100 17.29% 17.29%
$ 6,000

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
/s/ G.W. Hogan State Auditor

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Engram

Fincher Foster Garner Gillis Harris Harrison Howard Hudgins Huggins Johnson Kidd Land McKenzie Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Voting in the negative was Senator Edge.

Those not voting were Senators:

Broun (excused) Coleman English

Hine Kennedy (presiding) Langford

McGill (excused) Timmons

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

552

JOURNAL OF THE SENATE

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

HB 356. By Representatives Connell of the 87th, Johnson of the 72nd and Buck of the 95th:
A bill to amend Article 6 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, disability benefits, and death benefits under the Georgia Firemen's Pension Fund, so as to increase the maximum benefits payable to persons eligible or who become eligible to receive benefits under such pension fund.
Senate Sponsor: Senator Coverdell of the 40th.

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

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

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

May 12, 1987

SUBJECT: House Bill 356S (Substitute) (LC 7 6733S) Georgia Firemen's Pension Fund

This Bill provides for an increase in the maximum monthly retirement benefit for fire men. The maximum monthly retirement benefit would be increased to $500 for those retir ing on or after July 1, 1988. Existing maximum benefits would be increased by $85 for those who retired before July 1, 1988, and would be proportionally increased for those receiving less than the maximum benefit. In addition, the Bill deletes the subsection that granted a $25.00 monthly pension benefit increase to persons retired before March 9, 1979 that was to be paid starting April 1, 1981 and deletes the subsection that granted a $35.00 monthly benefit increase effective July 1, 1984.

This is to certify that this is a retirement bill having a fiscal impact on the Georgia Firemen's Pension Fund.

/s/ G. W. Hogan State Auditor

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

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1987

SUBJECT: Actuarial Investigation--House Bill 356S (Substitute) (LC 7 6733S) Georgia Firemen's Pension Fund

MONDAY, FEBRUARY 8, 1988

553

This Bill provides for an increase in the maximum monthly retirement benefit for fire men. The maximum monthly retirement benefit would be increased to $500 for those retir ing on or after July 1, 1988. Existing maximum benefits would be increased by $85 for those who retired before July 1, 1988, and would be proportionally increased for those receiving less than the maximum benefit. In addition, the Bill deletes the subsection that granted a $25.00 monthly pension benefit increase to persons retired before March 9, 1979 that was to be paid starting April 1, 1981 and deletes the subsection that granted a $35.00 monthly benefit increase effective July 1, 1984.
The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will result from the bill.

$29,149,399

(2) The amount of annual normal cost which will result from the bill.

$ 778,386

(3) The employer contribution rate currently in effect.

$ 5,800,000

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

$ 5,788,340

(5) The dollar amount of the increase in the annual employer contribution

which is necessary to maintain the retirement system in an actuarially

sound condition.

$

0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
/s/ G.W. Hogan State Auditor
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Burton Coleman Coverdell Crumbley Dawkins Dean Echols Edge

Engram Foster Garner Gillis Harris Harrison Hudgins Huggins Johnson Kidd Land McKenzie Newbill Olmstead Peevy

Voting in the negative was Senator Deal.

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

554

JOURNAL OF THE SENATE

Those not voting were Senators:

Broun (excused) Bryant English Fincher

Hine Howard Kennedy (presiding)

Langford McGill (excused) Timmons

On the passage of the bill, the yeas were 45, nays 1.

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

The President resumed the Chair.

HB 357. By Representative Johnson of the 72nd:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and other benefits under the Teachers Retire ment System of Georgia, so as to provide for a postretirement benefit adjust ment; to provide for a definition and for other matters relative thereto.
Senate Sponsor: Senator Kennedy of the 4th.

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

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

January 12, 1988

SUBJECT: House Bill 357S (Substitute) (LC 7 6798S) Teachers Retirement System

This substitute bill provides for amendments to the prior version of House Bill 357 (LC 7 6762S) that was certified as having a fiscal impact and for which an actuarial investigation was completed.

This Bill would still provide for a postretirement benefit adjustment to the monthly benefits paid to retired members of the Teachers' Retirement System (TRS). The percent age increase granted would vary in accordance with the year of the beneficiary's retirement: the actual increases would range from one-half of one percent for those who retired in fiscal year 1984 to 15 percent for those who retired before July 1, 1964. The Bill also states that members who had 20 or more years service receive the full monthly increase, but those with less than 20 years would receive five percent less per month for every year served less than 20. Any member with less than 10 years service would not be eligible to receive any increase in their benefit payments. In addition, no individual retirement benefit could exceed $1,500 per month as a result of a benefit increase granted by this code section.

This Bill would also authorize the board of trustees of the TRS to develop any rules or regulations for the payment of benefits necessary to maintain the TRS as a "qualified retire ment plan" for federal income tax purposes. If enacted, this Bill would become effective July 1, 1988.

This is to certify that the wording change amendments made in this bill are nonfiscal as

MONDAY, FEBRUARY 8, 1988

555

defined in the Public Retirement Systems Standards Law and that the actuarial investiga tion completed for (LC 7 6762S) could also apply to this Bill (LC 7 6798S).
/s/ G. W. Hogan State Auditor

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

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO: FROM

The Honorable Rudolph Johnson, Chairman House Retirement Committee G. W. Hogan, State Auditor

DATE:

December 1, 1987

SUBJECT: Actuarial Investigation--House Bill 357S (Substitute) (LC 7 6762S) Teachers' Retirement System

This Bill would provide for a postretirement benefit adjustment to the monthly benefits paid to retired members of the Teachers' Retirement System (TRS). The percentage in crease granted would vary in accordance with the year of the beneficiary's retirement: the actual increases would range from one-half of one percent for those who retired in fiscal year 1984 to 15 percent for those who retired before July 1, 1964. The Bill also states that mem bers who had 20 or more years service receive the full monthly increase, but those with less than 20 years would receive five percent less per month for every year served less than 20. Any member with less than 10 years service would not be eligible to receive any increase in their benefit payments. In addition, no retirement benefit could exceed $1,500 per month as a result of an increase granted by this code section.

This Bill would also authorize the board of trustees of the TRS to develop any rules or regulations for the payment of benefits necessary to maintain the TRS as a "qualified retire ment plan" for federal income tax purposes. If enacted, this Bill would become effective July 1, 1988.

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

(1) The amount of unfunded actuarial accrued liability which will result from the bill.

$55,354,000

(2) The amount of annual normal cost which will result from the bill.

$_____0

(3) The employer contribution rate currently in effect.

13.28%

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

13.48%

(5) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$ 6,695,000

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
/s/ G. W. Hogan State Auditor

556

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 Bwen Brannon
Cbuorvrletaomnntan Coverdell Crumbley Dawkins Deal Dean Echols Edge

Engram Fincher Foster
Garner Gillis Harris Hine
"H,.uu^dgli. nnss Johnson Kennedy Kidd Land McKenzie Newbill Olmstead

Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray Scott of 2nd
SS~,hcoutmt aok.fe36th Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) English Harrison

Howard Langford

McGill (excused) Timmons

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

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

HB 358. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-2-29 of the Official Code of Georgia Annotated, relating to postretirement benefit adjustments under the Employees' Retirement System of Georgia, so as to provide for a one-time cost-of-living increase in bene fits for certain beneficiaries under said retirement system.
Senate Sponsor: Senator Ray of the 19th.

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

TO:
FROM: DATE:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334
STATE AUDITOR'S CERTIFICATION
The Honorable Rudolph Johnson State Representative
G. W. Hogan, State Auditor
January 23, 1987

MONDAY, FEBRUARY 8, 1988

557

SUBJECT: House Bill 358--LC 7 6482 Employees' Retirement System-- Postretirement Benefit Adjustments
This Bill would provide for a one-time cost-of-living postretirement benefit adjustment for retired members of the Employees' Retirement System (ERS). Beneficiaries who re ceived a benefit on July 1, 1981 would receive a one dollar increase in their monthly retire ment benefit for each full year of creditable service and a one dollar monthly benefit in crease for each year from the date of retirement to July 1, 1981. Creditable service used under this provision cannot be based upon forfeited annual and sick leave or from any pro jection of service.
In addition, this Bill would not allow any increases to beneficiaries that would provide them a monthly benefit exceeding $1,500.00 as of July 1, 1988. It should be noted that no other postretirement benefit adjustments would be provided.
This is to certify that this is a Bill having fiscal impact upon the Employees' Retire ment System.
Is,/ G. W. Hogan State Auditor

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

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1987

SUBJECT: Actuarial Investigation--House Bill 358 (LC 7 6482) Employees' Retirement System

This Bill would provide for a one-time cost-of-living postretirement benefit adjustment for retired members of the Employees' Retirement System (ERS). Beneficiaries who re ceived a benefit on July 1, 1981 would receive a one dollar increase in their monthly retire ment benefit for each full year of creditable service and a one dollar monthly benefit in crease for each year from the date of retirement to July 1, 1981. Creditable service used under this provision cannot be based upon forfeited annual and sick leave or from any pro jection of service.

In addition, this Bill would not allow any increases to beneficiaries that would provide them a monthly benefit exceeding $1,500.00 as of July 1, 1988. It should be noted that no other postretirement benefit adjustments would be provided.

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

558

JOURNAL OF THE SENATE

(1) The amount of unfunded actuarial accrued liability which will result from the bill.
(2) The amount of annual normal cost which will result from the bill.
(3) The employer contribution rate currently in effect.
(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).
(5) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$16,490,000 $_____0
17.29% 17.51%
$ 2,356,000

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
/s/ G. W. Hogan Su\t,aavt&e Ar^uuvd*itw ori

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

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

Those voting in the affirmative were Senators:

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

Engram Fincher Foster Garner Gillis Harris Hine Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Dawkins English Harrison

Hudgins Langford McGill (excused)

Scott of 36th Shumake Timmons

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

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

HB 458. By Representatives Buck of the 95th, Murphy of the 18th, Padgett of the 86th and others:
A bill to amend Article 6 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, disability, and survivors benefits, under the

MONDAY, FEBRUARY 8, 1988

559

Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to retirement, disability, and survivors benefits.
Senate Sponsor: Senator Ray of the 19th.

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

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

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Thomas B. Buck, III

State Representative

FROM:

G. W. Hogan, State Auditor

DATE:

February 4, 1987

SUBJECT: House Bill 458 (LC 3 2025) Peace Officers' Annuity and Benefit Fund

This Bill would increase the retirement, disability, and beneficiary benefits provided by the Peace Officers' Annuity and Benefit Fund. The Bill would increase the single life annu ity monthly payment from $13 to $16 for each full year creditable service up to a maximum of 30 years and increase disability benefits from $190 to $235 per month for life or until the member's disability ceases. The retirement benefits for members receiving payments on June 30, 1988 would be recomputed and the increased benefit paid beginning July 1, 1988.

In addition, this Bill would increase the maximum death benefits to beneficiaries of peace officers from $3,000 to $3,500 (including previous retirement benefits). The designated beneficiary would also receive a lump sum $5,500 (increased from $5,000) death benefit if a member was injured in the course of duty; however, beneficiaries of members who died as a result of willful misconduct would not be eligible. Death benefits would be reduced for pre vious retirement or disability benefits received, but no death benefit would be less than $2,500. If adopted, this Bill would become effective on July 1, 1988.

This is to certify that this is a Bill having a fiscal impact upon the Peace Officers' Annuity and Benefit Fund.

/s/ G. W. Hogan State Auditor

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

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1987

SUBJECT: Actuarial Investigation--House Bill 458 (LC 3 2025) Peace Officers' Annuity and Benefit Fund

This Bill would increase the retirement, disability, and beneficiary benefits provided by the Peace Officers' Annuity and Benefit Fund. The Bill would increase the single life annu-

560

JOURNAL OF THE SENATE

ity monthly payment from $13 to $16 for each full year creditable service up to a maximum of 30 years and increase disability benefits from $190 to $235 per month for life or until the member's disability ceases. The retirement benefits for members receiving payments on June 30, 1988 would be recomputed and the increased benefit paid beginning July 1, 1988.
In addition, this Bill would increase the maximum death benefits to beneficiaries of peace officers from $3,000 to $3,500 (including previous retirement benefits). The designated beneficiary would also receive a lump sum $5,500 (increased from $5,000) death benefit if a member was injured in the course of duty; however, beneficiaries of members who died as a result of willful misconduct would not be eligible. Death benefits would be reduced for pre vious retirement or disability benefits received, but no death benefit would be less than $2,500. If adopted, this Bill would become effective on July 1, 1988.
The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will result from the bill.

$19,699,530

(2) The amount of annual normal cost which will result from the bill.

$ 459,799

(3) The employer contribution rate currently in effect.

$ 7,200,000

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

$ 5,996,081

(5) The dollar amount of the increase in the annual employer contribution

which is necessary to maintain the retirement system in an actuarially

sound condition.

$

0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
Isl G. W. Hogan State Auditor

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes Bwen ra"non
BCuorletmonan Coverdell Crumbley Deal Dean Echols Edge Engram

Foster Garner Gillis
Harris Hine Howard Hudgins
IT^l ns Johnson Kennedy Kidd Land McKenzie Newbill Olmstead

Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray Scott of 2nd
Se co*t.*t. orf 3o^6itUh Shumake Stumbaugh Tate Taylor Turner Tysinger Walker

MONDAY, FEBRUARY 8, 1988

561

Those not voting were Senators:

Broun (excused) Bryant Dawkins English

Fincher Harrison Langford

McGill (excused) Starr Timmons

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

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

HB 718. By Representative Parrish of the 109th:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to change the provi sions relating to requirements for continued active membership in the fund; to provide for an increase in retirement benefits.
Senate Sponsors: Senators Ray of the 19th and Timmons of the llth.

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

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

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

February 6, 1987

SUBJECT: House Bill 718 (LC 7 6575) Sheriffs' Retirement Fund of Georgia

This Bill would increase the retirement benefits provided under the Sheriffs' Retire ment Fund of Georgia, and would increase the number of years the member would be re quired to pay into the Fund from 25 to 30 years. The single life annuity monthly payment would increase from $150 to $164 for members with no more than four years of creditable service, plus the benefit for each additional year of service would increase from $37.50 to $41 per month. The total monthly benefits could not exceed $1,230 (increased from $937.50). If passed, this Bill would become effective on July 1, 1988.

This is to certify that this Bill would have a fiscal impact on the Sheriffs' Retirement Fund of Georgia.

/s/ G. W. Hogan State Auditor

562

JOURNAL OF THE SENATE

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

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1987

SUBJECT: Actuarial Investigation--House Bill 718 (LC 7 6575) Sheriffs' Retirement Fund of Georgia

This Bill would increase the retirement benefits provided under the Sheriffs' Retire ment Fund of Georgia, and would increase the number of years the member would be re quired to pay into the Fund from 25 to 30 years. The single life annuity monthly payment would increase from $150 to $164 for members with no more than four years of creditable service, plus the benefit for each additional year of service would increase from $37.50 to $41 per month. The total monthly benefits could not exceed $1,230 (increased from $937.50). If passed, this Bill would become effective on July 1, 1988.

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

(1) The amount of unfunded actuarial accrued liability which will result from the bill.

$1,649,521

(2) The amount of annual normal cost which will result from the bill.

$ 33,128

(3) The employer contribution rate currently in effect.

$1,020,794

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

$1,004,374

(5) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$____0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
/s/ G. W. Hogan State Auditor

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

On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Barnes Bowen Brannon Bryant

Burton Coleman Coverdell Crumbley

MONDAY, FEBRUARY 8, 1988

563

Deal Dean Echols Edge Engram Fincher Foster Garner Gillis Harris Mine Huggins

Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd

Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Dawkins English

Harrison Howard Hudgins

Langford McGill (excused) Timmons

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

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

The following report of the Committee on Enrolling and Journals was read by the Secretary:

Mr. President:

The Committee on Enrolling and Journals has read and examined the following Senate bill and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:

SB 535.

Respectfully submitted,
1st Ed Barker, Chairman Senator, District 18

Serving as doctor of the day today was Dr. T. Schley Gatewood, Jr., of Americus, 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 12:04 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

564

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, February 9, 1988
Twenty-first 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 Timmons of the llth moved that the Senate reconsider its action of Monday, February 8, in defeating the following bill of the House:

HB 106. By Representatives Reaves of the 147th and Bostick of the 138th:
A bill to amend Code Section 47-6-70 of the Official Code of Georgia Annotated, relating to creditable service under the Georgia Legislative Retirement System, so as to authorize creditable service for certain prior service as a member of the General Assembly.

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 to"0*?.
CDrauwrokWines y Dean Echols English Engram

Fincher Foster Gillis H?"fc
SHumdfgm. s Huggins Johnson Kennedy Kidd

Land McKenzie Olmstead Phillips
Rag6an of 10th laylor Timmons Turner Tysinger

Those not voting were Senators:

Albert Bowen Brannon Broun (excused) Bryant Burton Coleman Coverdell Deal

Edge Garner Harrison Howard Langford McGill (excused) Newbill Peevy Perry

Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake
Starr Stumbaugh Tate Walker

On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 106 was recon sidered and placed at the foot of the Senate General Calendar.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

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

TUESDAY, FEBRUARY 9, 1988

565

Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1617. By Representatives Pittman of the 60th, Wall of the 61st, Goodwin of the 63rd, Bannister of the 62nd, Lawson of the 9th and others:
A bill to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of homesteads of residents of the Gwinnett County School District who are 62 years of age or over or who are disabled; to provide for an exception with respect to land in excess of one acre.
HB 1519. By Representative Groover of the 99th:
A bill to amend Code Section 45-9-42 of the Official Code of Georgia Annotated, relating to insurance for persons authorized to operate vehicles by nonprofit agencies contracting with the Department of Human Resources, so as to change the definition of "nonprofit agencies" to include subcontractors involved in the delivery of services.
HB 1490. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide an expiration date for licenses of surplus line brokers; to provide annual fees of agents, solicitors, brokers, counsel ors, and adjusters; to provide fees for agent status or clearance letters; to provide annual license fees for the sale of variable annuity contracts or variable life insur ance contracts.
HB 1235. By Representatives Chambless of the 133rd, Thomas of the 69th, Waldrep of the 80th, Pettit of the 19th, Robinson of the 96th and others:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to applications for appeals for discretionary appeals, so as to make ap peals from decisions of the state courts reviewing decisions of magistrate courts.
HB 1450. By Representatives Steinberg of the 46th, Chambless of the 133rd, Groover of the 99th, Ramsey of the 3rd and Buck of the 95th:
A bill to amend Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, so as to change the provisions relating to family violence programs and family violence shelters; to provide for the licensing of such programs and shelters rather than the certification thereof.
HB 1243. By Representative Edwards of the 112th:
A bill to amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, so as to change the scope of practice of chiropractic by allowing chiropractors to utilize nutrition.
HB 1543. By Representatives Walker of the 115th, Reaves of the 147th, Coleman of the 118th, Crawford of the 5th and Ramsey of the 155th:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide that the director or his designee shall issue permits for withdrawal and diversion of surface waters and ground waters for farm uses; to provide that such permits must be issued for farm uses occur ring prior to the effective date of this Act when applications relating thereto are submitted prior to July 1, 1991.

566

JOURNAL OF THE SENATE

HB 1418. By Representative Crosby of the 150th:
A bill to amend Code Section 48-7-114, relating to the requirement of payment of estimated income tax, so as to require fiduciaries to file and pay estimated tax in the same manner as individuals.
HB 1419. By Representative Crosby of the 150th:
A bill to amend Code Section 48-7-101 of the Official Code of Georgia Annotated, relating to income tax withholding, so as to change the method of calculation of wages subject to withholding.
HB 1431. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Code Section 16-9-51 of the Official Code of Georgia Annotated, relating to damage to certain property, so as to make it a felony if the damage to certain property is greater than $500.00.
SB 565. By Senator Dawkins of the 45th: A bill to amend an Act creating the State Court of Rockdale County so as to change the provisions relating to terms of court; to change the provisions relating to the transaction of business; to provide that prosecution for violations of ordi nances may be upon citation as well as by accusation under certain circum stances; to provide an effective date.
SB 566. By Senator Dawkins of the 45th:
A bill to create the Conyers-Rockdale County Charter Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meetings of said commission and for the election of a permanent chairman; to provide for the powers and duties of said commission.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 623. By Senator Foster of the 50th: A bill to amend an Act incorporating the City of Clayton, as amended, so as to change the provisions relating to the date of city elections.
Referred to Committee on Urban and County Affairs.
SB 624. By Senator Kidd of the 25th: A bill to provide for a supplement to the compensation, expenses, and allowances of the district attorney for the Ocmulgee Judicial Circuit; to provide for contribu tions to be paid by certain counties comprising said circuit; to provide an effec tive date; to provide for applicability.
Referred to Committee on Judiciary.
SB 625. By Senator Scott of the 2nd:
A bill to amend Article 3 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to dates of primaries and elections and terms of offices, so as to change certain provisions relating to terms of office of municipal officers elected in 1990; to provide for the extension of the terms of office of certain mu nicipal officers elected in 1986. Referred to Committee on Governmental Operations.

TUESDAY, FEBRUARY 9, 1988

567

SB 626. By Senators Newbill of the 56th, Engram of the 34th, Shumake of the 39th and Coverdell of the 40th:
A bill to amend an Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, as amended, so as to provide for additional compensation for the members of the board of commissioners in such counties; to provide for filing vouchers for reimbursement of expenses.
Referred to Committee on Urban and County Affairs (General).
SB 627. By Senator Stumbaugh of the 55th:
A bill to amend Article 29 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to interlocal risk management agencies, so as to change cer tain definitions and the use of certain terms; to revise provisions relating to ex cess insurance; to provide that participation in an interlocal risk management agency by a board of education or school system shall not constitute a waiver of sovereign immunity.
Referred to Committee on Insurance.
SB 628. By Senator Dawkins of the 45th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to change provisions relating to selection of members of such boards; to provide that persons selected to serve as members must be qualified and competent to serve as grand jurors but need not be on the current grand jury list; to provide for related matters.
Referred to Committee on Urban and County Affairs (General).
SB 629. By Senators Barnes of the 33rd and Garner of the 30th:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to provide funds for constructing, operating, and staffing county jails, county correctional institutions, and county detention facilities; to provide a short title; to provide a statement of purpose and authority; to provide for the repeal of this Act.
Referred to Committee on Corrections.
SB 630. By Senators Barnes of the 33rd and Hudgins of the 15th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties and municipal corporations, so as to prohibit counties and municipal corporations and officials and employees thereof from installing, servicing, maintaining, operating, selling, or leasing as lessor any burglar alarm systems, fire alarm systems, or other electronic security systems on private property under certain circumstances.
Referred to Committee on Urban and County Affairs (General).
SR 363. By Senator Land of the 16th:
A resolution urging the board of regents to implement a program in the colleges and schools of education within the university system which will provide for cer tain faculty members of such colleges and schools to actively participate periodi cally in an instructional capacity in the public schools of the state.
Referred to Committee on Higher Education.

568

JOURNAL OF THE SENATE

SR 366. By Senators McGill of the 24th, Echols of the 6th, Ray of the 19th and others: A resolution urging the United States Interagency Committee on Smoking and Health to refrain from taking any action to limit or impede the export of Georgia tobacco.
Referred to Committee on Agriculture.
The following bills of the House were read the first time and referred to committees:
HB 1235. By Representatives Chambless of the 133rd, Thomas of the 69th, Waldrep of the 80th and others: A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to applications for appeals for discretionary appeals, so as to make ap peals from decisions of the state courts reviewing decisions of magistrate courts.
Referred to Committee on Judiciary.
HB 1243. By Representative Edwards of the 112th: A bill to amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, so as to change the scope of practice of chiropractic by allowing chiropractors to utilize nutrition.
Referred to Committee on Human Resources.
HB 1418. By Representative Crosby of the 150th: A bill to amend Code Section 48-7-114, relating to the requirement of payment of estimated income tax, so as to require fiduciaries to file and pay estimated tax in the same manner as individuals.
Referred to Committee on Banking and Finance.
HB 1419. By Representative Crosby of the 150th: A bill to amend Code Section 48-7-101 of the Official Code of Georgia Annotated, relating to income tax withholding, so as to change the method of calculation of wages subject to withholding.
Referred to Committee on Banking and Finance.
HB 1431. By Representatives Thomas of the 69th and Simpson of the 70th: A bill to amend Code Section 16-9-51 of the Official Code of Georgia Annotated, relating to damage to certain property, so as to make it a felony if the damage to certain property is greater than $500.00.
Referred to Committee on Special Judiciary.
HB 1450. By Representatives Steinberg of the 46th, Chambless of the 133rd, Groover of the 99th, Ramsey of the 3rd and Buck of the 95th. A bill to amend Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, so as to change the provisions relating to family violence programs and family violence shelters; to provide for the licensing of such programs and shelters rather than the certification thereof.
Referred to Committee on Children and Youth.
HB 1490. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd: A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide an expiration date for licenses of surplus line brokers; to provide annual fees of agents, solicitors, brokers, counsel-

TUESDAY, FEBRUARY 9, 1988

569

ors, and adjusters; to provide fees for agent status or clearance letters; to provide annual license fees for the sale of variable annuity contracts or variable life insur ance contracts.
Referred to Committee on Insurance.

HB 1519. By Representative Groover of the 99th:
A bill to amend Code Section 45-9-42 of the Official Code of Georgia Annotated, relating to insurance for persons authorized to operate vehicles by nonprofit agencies contracting with the Department of Human Resources, so as to change the definition of "nonprofit agencies" to include subcontractors involved in the delivery of services.
Referred to Committee on Insurance.

HB 1543. By Representatives Walker of the 115th, Reaves of the 147th, Coleman of the 118th, Crawford of the 5th and Ramsey of the 155th:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide that the director or his designee shall issue permits for withdrawal and diversion of surface waters and ground waters for farm uses; to provide that such permits must be issued for farm uses occur ring prior to the effective date of this Act when applications relating thereto are submitted prior to July 1, 1991.
Referred to Committee on Natural Resources.

HB 1617. By Representatives Pittman of the 60th, Wall of the 61st, Goodwin of the 63rd and others:
A bill to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of homesteads of residents of the Gwinnett County School District who are 62 years of age or over or who are disabled; to provide for an exception with respect to land in excess of one acre.
Referred to Committee on Urban and County Affairs.

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

Mr. Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, GA
Dear Mr. Secretary:

February 8, 1988

Due to the hospitalization of Senator Sam McGill, Chairman of the Agriculture Com mittee, I hereby authorize Senator Walter Ray, Vice Chairman, to conduct the meeting of the Agriculture Committee scheduled for 2:00 p.m., Monday, February 8, 1988.
I further authorize the Committee to consider the following legislation:
HB 1209 HB 1266 HB 1518
Sincerely,
/s/ Zell Miller Lieutenant Governor

570

JOURNAL OF THE SENATE

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

Mr. President:

The Committee on Agriculture has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1209. Do pass.
HB 1266. Do pass.
Respectfully submitted,
Senator Ray of the 19th District, Vice Chairman

Mr. President:

The Committee on Children and Youth has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 493. Do pass by substitute.
HB 228. Do pass.
Respectfully submitted,
Senator Barker of the 18th District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 571. Do pass.
Respectfully submitted,
Senator Dawkins of the 45th District, Chairman

The following communication from Lieutenant Governor Miller, President of the Sen ate, was read by the Secretary:

Mr. Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, GA
Dear Mr. Secretary:

February 8, 1988

Due to the illness of Senator Nathan Deal, Chairman of the Judiciary Committee, I hereby authorize Senator Tom Allgood, Vice Chairman, to conduct the meeting of the Judi ciary Committee scheduled for 3:00 p.m., Monday, February 8, 1988.

TUESDAY, FEBRUARY 9, 1988

571

I further authorize the Committee to consider the following legislation:

SB 388 SB 470 SB 510 SB 511 SB 602 HB 924

HB 1163 HB 1221 HB 1325 HB 1427 HB 1459

Sincerely,

/s/ Zell Miller President of the Senate

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

Mr. President:

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

SB 388. Do pass.

HB 1163. Do pass.

SB 470. Do pass.

HB 1427. Do pass.

SB 602. Do pass.

Respectfully submitted,

Senator Allgood of the 22nd District, Vice Chairman

Mr. President:

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

SB 605. Do pass.

HB 1443. Do pass.

SB 614. Do pass.

HB 1469. Do pass.

HB 1201. Do pass.

HB 1471. Do pass.

HB 1202. Do pass.

Respectfully submitted, Senator Bowen of the 13th District, Chairman

Mr. President:

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

572

JOURNAL OF THE SENATE

HB 1273.

Do pass by substitute. Respectfully submitted, Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 585. Do pass. SB 586. Do pass. SB 587. Do pass by substitute.
Respectfully submitted,
Senator Peevy of the 48th District, Chairman

Mr. President:

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

HB 1421. Do pass as amended.

HB 1574. Do pass.

HB 1569. Do pass.

HB 1609. Do pass.

HB 1573. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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

Albert Allgood Baldwin Barker Barnes Bowen Brannon

Engram Fincher Foster Garner Gillis Harris Harrison

Co,leman Coverdell Crumbley Dawkins Dean
Echols Edge English

Huggm. s Johnson Kennedy Kidd Land
McKenzie Newbill Olmstead

Those not answering were Senators:

Broun (excused) Deal

Howard Langford

Peevy Perry Phillips Ragan of 10th Ragan of 32nd jjay Scott of 2nd
Scott of 36th S,, humake ^tarr , Stumbaugh Taylor Timmons Turner Tysinger Walker
McGill (excused) Tate

TUESDAY, FEBRUARY 9, 1988

573

Senator Baldwin of the 29th introduced the chaplain of the day, Dr. J. Thornton Wil liams, retired former pastor of First Baptist Church, LaGrange, Georgia, who offered scrip ture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 364. By Senators Kennedy of the 4th, Gillis of the 20th, Fincher of the 54th and others:
A resolution expressing regret at the passing of Mrs. Florence McGill.

SR 365. By Senators McGill of the 24th, Ray of the 19th, Ragan of the 10th and others:
A resolution proclaiming February 10, 1988, as Georgia Farm Bureau Day at the state capitol.

SR 369. By Senator Kennedy of the 4th: A resolution commending the Pinewood Christian Academy football team.

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

SENATE LOCAL CONSENT CALENDAR
Tuesday, February 9, 1988 TWENTY-FIRST LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

*HB 1421

Hudgins, 15th Land, 16th City of Columbus Muscogee County
Changes provisions relating to the Board of Tax Assessors for the consoli dated government. (Amendment)

HB 1569 McKenzie, 14th City of Byron Peach County
Authorizes city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the "Redevel opment Powers Law"; provides for certain powers.

HB 1573 Foster, 50th Rabun County
Provides that the tax commissioner of county shall not retain a specified per centage of educational funds collected by said officer and remit the same to the governing authority of county to reimburse the county for the cost of collecting school taxes.

HB 1574 Foster, 50th Rabun County
Places coroner of county on a monthly salary; changes the compensation.

574

JOURNAL OF THE SENATE

HB 1609 Broun, 46th Clarke County
Creates the Classic Center Authority; provides for the public purpose of the authority.

The amendment to the following bill was put upon its adoption:

*HB 1421:

The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 1421 by adding a period at the end of line 20 of page 1 immediately follow ing the word "Council", and by striking from lines 21 through 24 of page 1 the following:
"provided, however, that no full-time employee of the consolidated government, other than the Chief Appraiser, shall be allowed to serve on said Board of Tax Assessors.".

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

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

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 Brannon
Bryant urton Crulbby
Dawkins j)eaj Dean Echols Edge English

Engram Fincher Foster Garner Gillis
Harris Harrison HudS.ins
Hu^ins Johnson Kennedy Kidd Land Newbill

Olmstead Peevy Perry Phillips Ragan of 10th
Ragan of 32nd Scott of 2nd Scott of 36th
Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Barnes

Bowen

,,

Broun (excused)

Coverdell

Hine

Howard Langford McGi11 (excused) McKenzie

Ray Shumake Tate Timmons

On the passage of all the local bills, the yeas were 43, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 1421, having received the requisite constitutional majority, were passed.

HB 1421, having received the requisite constitutional majority, was passed as amended.

TUESDAY, FEBRUARY 9, 1988

575

Senator Baldwin of the 29th introduced the widow and family of the late Michael C. Daniel to whom regrets were expressed by SR 324, adopted previously.
Senator Edge of the 28th introduced certain students and faculty representing Newnan High School which has been selected as a national model by the Stop Drugs at the Source Treaty Campaign.
SENATE RULES CALENDAR
Tuesday, February 9, 1988
TWENTY-FIRST LEGISLATIVE DAY
SB 51 Processioning of Property Boundaries--nine member board for county (Substi tute) (U&CA G--9th)
SB 397 Drug Price Advertising--Pharmacy Board's authority over rules (Judy--52nd)
HB 1267 Supplementary Appropriations--1987-88 (Substitute) (Approp--44th) SB 400 Arts Development Fund--establish (Substitute) (B&F--25th)
SB 403 Department of Human Resources Employees--no dismissal certain conditions (Substitute) (Gov Op--25th)
SB 406 Merit System Personnel on Night Duty--$120 per month supplement (Substi tute) (Gov Op--25th)
SB 528 Boards of Education--qualifications, those serving (Amendment) (Ed--13th) SB 533 Alternative Tax Deferral for Elderly--counties over 550,000 (B&F--40th)
SB 548 Indigent Defense Act--distribution of state funds (Amendment) (Approp--45th)
SB 560 Witnesses, Informants--offense of threats (Substitute) (S Judy--48th) SB 577 Downtown Development Authority--project include certain hospitals, nursing
homes (Amendment) (U&CA G--47th)
SB 593 Advisory Commission on Programs for Hearing Impaired--create (Gov Op--5th)
SR 274 Innocent Victims of Crime--compensate (Approp--33rd)
SR 329 Governmental Organization Study Committee--create (Gov Op--50th) SR 333 Senate Fraudulent Check Study Committee--create (B&F--15th) HB 1239 Medical Assistance Commissioner--may reverse certain recommendations (Hum
R--33rd) HB 1276 Local Boards of Education--vary length of school years (Amendment)
(Ed--50th) HB 1298 Certain Superior Court Clerks' Offices--hours of operation (Substitute) (Gov
Op--25th) HB 1345 Financial Institution--frequency of board meetings (B&F--15th) SB 553 State Government Officers--provision on proposed salaries (Gov Op--25th) SR 323 Government Officers Salaries--proposed by Officers Composition Commission
(Gov Op--25th)
Respectfully submitted, /s/ Dean of the 31st, Chairman
Senate Rules Committee

576

JOURNAL OF THE SENATE

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 51. By Senator Phillips of the 9th:
A bill to amend Article 1 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to processioning of property boundaries, so as to provide for the appointment of a nine-member board of processioners for each county; to provide for the appointment of temporary processioners; to provide for the pow ers, duties, practices, and procedures in connection with the processioning of property boundaries.
The Senate Committee on Urban and County Affairs offered the following substitute to SB 51:
A BILL
To be entitled an Act to amend Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to determination of property boundaries, so as to repeal Article 1 of said chapter, relating to processioning; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to determination of property boundaries, is amended by striking Article 1 of said chapter, re lating to processioning, in its entirety and inserting in lieu thereof the following:
"ARTICLE 1
RESERVED"
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 29, nays 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 Brannon B rvant Burton Dawkins Dean
Echols
English Engram
Fincher
Foster

Garner Gillis Harris Harrison Hine Hudgins Hup"8 Johnson Kennedy Kidd
Land
McKenzie Newbill
Olmstead
Peevy

Perry Phillips Ragan of 10th Ragan of 32nd j^ay Scott of 2nd Scott of 36th cu , f umake Stumbaugh
Tate
Taylor Timmons
Turner
Tysinger

Voting in the negative was Senator Deal.

TUESDAY, FEBRUARY 9, 1988

577

Those not voting were Senators:

Bowen Broun (excused) Coleman Coverdell

Crumbley Edge Howard Langford

McGill (excused) Starr Walker

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

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

Senator Gillis of the 20th, in the absence of Senator Broun of the 46th, introduced selected individuals and team representatives from the Athletic Department of the Univer sity of Georgia as commended by SR 249 through SR 258 and adopted previously.

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

SB 397. By Senator Hine of the 52nd:
A bill to amend Code Section 26-4-37 of the Official Code of Georgia Annotated, relating to powers and duties of the State Board of Pharmacy, so as to change that board's authority regarding certain rules relating to the advertising of drug prices.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bryant BCouvrteorndell
Crumbley Deal Dean Echols Edge English

Engram Fincher Foster Garner
Gillis
Huggm. s JKoehnnnseodny
Kidd Land McKenzie Newbill Olmstead Peevy

Perry Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th S,, humake ~Stumb, augh.-
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Coleman Dawkins

Harrison Howard Hudgins

Langford McGill (excused) Phillips

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

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

578

JOURNAL OF THE SENATE

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 1417. By Representative Crosby of the 150th:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxation, so as to revise provisions relating to income tax ad ministration and enforcement; to change the due dates for corporate income tax returns; to eliminate the requirement of filing of certain receipts with withhold ing tax returns.
The House has disagreed to the Senate substitutes to the following bills of the House:
HB 7. By Representatives Hudson of the 117th, Branch of the 137th, Royal of the 144th, Sherrod of the 143rd, Smith of the 16th and others: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definition of "game fish"; to change the provisions relating to food fish dealers; to change the provi sions relating to sale of fish by commercial fish hatcheries; to change the provi sions relating to the licensing of wholesale and retail fish dealers.
HB 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 743. By Representatives Watson of the 114th and Robinson of the 58th: A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions concerning public utilities and public transportation, so as to change certain provisions relating to the definition of the term "motor com mon carrier and motor contract carrier".
The House has disagreed to the Senate amendments to the following bills of the House:
HB 1241. By Representatives Twiggs of the 4th, Hanner of the 131st, Coleman of the 118th and Ramsey of the 3rd: A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to provide for the appointment of an executive director of the Georgia Peace Officer Standards and Training Council.
HB 1285. By Representatives Barnett of the 10th, Twiggs of the 4th, Mobley of the 64th, Alford of the 57th and Jackson of the 83rd:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize public safety officers and employees of local political subdivisions to provide mutual aid during local emergencies and at other times under certain circumstances; to provide a short title.

TUESDAY, FEBRUARY 9, 1988

579

The House has appointed a 3rd Committee of Conference to confer with a like commit tee 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 Patten of the 149th, Holmes of the 28th and Lee of the 72nd.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1267. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd and others:
A bill to amend an Act providing for appropriations for the State Fiscal Year 1987-1988 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1987-1988.
Senate Sponsor: Senator Starr of the 44th.
The Senate Committee on Appropriations offered the following substitute to HB 1267:
A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1987-1988 known as the "General Appropriations Act", approved April 20, 1987 (Ga. L. 1987, p. 1497), so as to change certain appropriations for the State Fiscal Year 1987-1988; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1987-1988, known as the "General Appropriations Act", approved April 20, 1987 (Ga. L. 1987, p. 1497), is amended by striking everything following the enacting clause through Section 79, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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, including unappropriated surplus, reserves 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.................................... $20,439,128 Personal Services--Staff .......................................... $9,340,054 Personal Services--Elected Officials ................................ $3,487,847 Regular Operating Expenses....................................... $1,298,890 Travel--Staff ...................................................... $118,800 Travel--Elected Officials .............................................. $6,000

580

JOURNAL OF THE SENATE

Motor Vehicle Purchases...................... Publications and Printing ..................... Equipment .................................. Computer Charges ........................... Real Estate Rentals .......................... Telecommunications .......................... Per Diem, Fees and Contracts--Staff .......... Per Diem, Fees and Contracts--Elected Officials Postage ..................................... Photography ................................. Expense Reimbursement Account.............. Capital Outlay ............................... Total Funds Budgeted ........................ State Funds Budgeted

Senate Functional Budgets

Total Funds

Senate and Research Office

$ 3,856,269

Lt. Governor's Office

$

507,534

Secretary of the Senate's Office

$ 1,031,466

Total

$ 5,395,269

House Functional Budgets

Total Funds

House of Representatives and Research Office

8,134,028

Speaker of the House's Office

325,081

Clerk of the House's Office

1,060,042

Total

9,519,151

Joint Functional Budgets

Total Funds

Legislative Counsel's Office

1,973,618

Legislative Fiscal Office

1,503,742

Legislative Budget Office

841,686

Ancillary Activities

1,205,662

Total

5,524,708

.... $--0-- $468,150 $407,000 $443,000
.... $68,864 ... $643,000
$379,599 . $2,427,424
$146,700 ... $71,000 . $1,132,800 ..... $--0-- $20,439,128 $20,439,128

State Funds 3,856,269 507,534
1,031,466 5,395,269

State Funds

$ 8,134,028

$

325,081

$ 1,060,042

$ 9,519,151

State Funds 1,973,618 1,503,742 841,686 1,205,662 5,524,708

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

TUESDAY, FEBRUARY 9, 1988

581

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................................................. $9,810,426 Regular Operating Expenses......................................... $300,000 Travel ............................................................ $785,000 Motor Vehicle Purchases............................................ $108,500 Publications and Printing ............................................ $28,700 Equipment ......................................................... $15,000 Per Diem, Fees and Contracts ......................................... $9,000 Real Estate Rentals ................................................ $366,857 Computer Charges ................................................. $435,013 Telecommunications ................................................. $58,600 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
Section 4. Court of Appeals. Budget Unit: Court of Appeals ...................................... $4,075,070
Section 5. Superior Courts. Budget Unit: Superior Courts ...................................... $33,664,947 Operation of the Courts ......................................... $32,057,683 Prosecuting Attorneys' Council ...................................... $667,787 Sentence Review Panel ............................................. $117,789 Council of Superior Court Judges ..................................... $71,399 Judicial Administrative Districts ..................................... $735,289 Habeas Corpus Clerk ................................................ $15,000
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ......................................... $289,331

582

JOURNAL OF THE SENATE

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......................................... $774,675 Council Operations ................................................. $629,565 Payments to Judicial Administrative Districts for Case Counting .................................................... $70,500 Board of Court Reporting ............................................ $25,110 Payment to Council of Magistrate Court Judges ....................... $20,000 Payment to Council of Probate Court Judges .......................... $20,000 Payment to Council of State Court Judges ............................. $9,500

Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission ........................ $106,000
PART III.
EXECUTIVE BRANCH

Section 10. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ............... $38,427,229
Administration and Services Budget: Personal Services................................................ $38,695,477 Regular Operating Expenses....................................... $7,589,964 Travel ............................................................ $249,800 Motor Vehicle Purchases............................................ $299,500 Publications and Printing ........................................... $153,000 Equipment ...................................................... $1,878,085 Computer Charges ............................................... $8,503,650 Real Estate Rentals .............................................. $3,285,442 Telecommunications ................................................ $622,260 Per Diem, Fees and Contracts ....................................... $414,400 Rents and Maintenance Expense ................................. $16,356,200 Utilities ............................................................ $31,100 Postage ........................................................... $273,800 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 .............................................. $31,400,121 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 ............................................... $2,600,000 Grants to Municipalities .......................................... $4,200,000 Total Funds Budgeted .......................................... $129,233,699 State Funds Budgeted ........................................... $38,427,229

Department of Administrative Services Functional Budgets

Total Funds

State Funds

State Properties Commission

$

352,751 $

352,751

Departmental Administration

$ 2,340,811 $ 2,227,126

TUESDAY, FEBRUARY 9, 1988

583

Treasury and Fiscal Administration Central Supply Administration Procurement Administration General Services Administration Space Management Administration Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Total

$ 16,288,904 $ 14,329,604

$ 10,516,040 $

0

$ 2,535,892 $ 2,535,892

$

611,621 $

0

$

506,856 $

506,856

$ 46,502,487 $ 12,775,000

$ 2,656,834 $

0

$ 38,403,480 $ 5,700,000

$ 5,048,938 $

0

$ 1,328,550 $

0

$

566,561 $

0

$ 1,573,974 $

0

$ 129,233,699 $ 38,427,229

B. Budget Unit: Georgia Building Authority

.............. $0

Georgia Building Authority Budget:

Personal Services.........................................

. $18,111,642

Regular Operating Expenses...............................

$4,310,200

Travel ..................................................

..... $12,600

Motor Vehicle Purchases..................................

...... $30,000

Publications and Printing .................................

...... $55,000

Equipment ..............................................

.... $171,100

Computer Charges .......................................

...... $70,000

Real Estate Rentals ......................................

....... $8,500

Telecommunications ......................................

. . . . . $104,800

Per Diem, Fees and Contracts .............................

.... $142,800

Capital Outlay ...........................................

. . . . . $740,000

Utilities .................................................

. $7,680,100

Contractual Expense .....................................

... $249,000

Fuel ....................................................

...... $40,000

Facilities Renovations and Repairs .........................

........ $0

Total Funds Budgeted ....................................

. . $31,725,742

State Funds Budgeted ....................................

.......... $0

Georgia Building Authority Functional Budgets

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

Total Funds 1,983,265 4,613,084 4,808,318 4,637,825 191,236 3,980,929
$ 10,843,088
667,997 0
31,725,742

State Funds 0 0 0 0 0 0 0 0 0 0

C. Budget Unit: Agency for the Removal of Hazardous Materials. Operations Budget: Personal Services..........................................

......... $0 . $1,588,650

584

JOURNAL OF THE SENATE

Regular Operating Expenses......................................... $889,500 Travel ............................................................ $100,000 Motor Vehicle Purchases................................................. $0 Publications and Printing ............................................. $2,000 Equipment ........................................................ $150,000 Computer Charges ...................................................... $0 Real Estate Rentals ..................................................... $0 Telecommunications ................................................. $10,000 Per Diem, Fees and Contracts ....................................... $100,000 Capital Outlay .......................................................... $0 Utilities ................................................................ $0 Total Funds Budgeted ............................................ $2,840,150 State Funds Budgeted ................................................... $0

Section 11. Department of Agriculture. A. Budget Unit: Department of Agriculture .......................... $33,730,116
State Operations Budget: Personal Services................................................ $26,805,051 Regular Operating Expenses....................................... $2,516,656 Travel ............................................................ $877,000 Motor Vehicle Purchases............................................ $649,875 Publications and Printing ........................................... $684,000 Equipment ...................................................... $1,449,593 Computer Charges ................................................. $450,657 Real Estate Rentals ................................................ $730,920 Telecommunications ................................................ $380,099 Per Diem, Fees and Contracts ....................................... $342,136 Market Bulletin Postage ............................................ $600,000 Payments to Athens and Tifton Veterinary Laboratories ......................................... $2,141,160 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro ....................... $2,433,603 Veterinary Fees .................................................... $547,000 Indemnities......................................................... $91,000 Bee Indemnities ................................ $75,000 Advertising Contract ............................................... $155,000 Payments to Georgia Agrirama Development Authority for Operations .......................................... $459,151 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets ...................................... $665,000 Capital Outlay ...................................................... $30,000 Contract--Federation of Southern Cooperatives ........................ $60,000 Tick Control Program ............................................... $50,000 Poultry Indemnities ..................................................... $0 Total Funds Budgeted ........................................... $42,192,901 State Funds Budgeted ........................................... $33,730,116

Department of Agriculture Functional Budgets

Plant Industry Animal Industry Marketing General Field Forces Internal Administration Information and Education

Total Funds $ 4,382,707 $ 7,150,685 $ 1,619,448 $ 3,592,372 $ 4,228,699 $ 1,380,188

State Funds $ 3,940,614 $ 6,779,125 $ 1,613,401 $ 3,592,372 $ 4,135,555 $ 1,380,188

TUESDAY, FEBRUARY 9, 1988

585

Fuel and Measures Consumer Protection
Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total

3,162,083 $ 3,155,083

5,720,655 $ 4,507,198

4,142,024

1,715,476

4,574,586

1,100,638

323,685

0

$ 1,915,769 $ 1,810,466

$ 42,192,901 $ 33,730,116

B. Budget Unit: Georgia Agrirama Development Authority .................... $0 Georgia Agrirama Development Authority Budget: Personal Services................................................... $431,567 Regular Operating Expenses......................................... $115,804 Travel .............................................................. $4,850 Motor Vehicle Purchases............................................. $28,500 Publications and Printing ............................................ $10,425 Equipment ......................................................... $15,921 Computer Charges ...................................................... $0 Real Estate Rentals ..................................................... $0 Telecommunications .................................................. $9,950 Per Diem, Fees and Contracts ........................................ $30,025 Capital Outlay ..................................................... $220,800 Goods for Resale .................................................... $74,150 Total Funds Budgeted .............................................. $941,992 State Funds Budgeted ................................................... $0

Section 12. Department of Banking and Finance. Budget Unit: Department of Banking and Finance .................... $5,328,257 Administration and Examination Budget: Personal Services................................................. $4,390,709 Regular Operating Expenses......................................... $206,000 Travel ............................................................ $321,198 Motor Vehicle Purchases............................................. $40,000 Publications and Printing ............................................ $13,000 Equipment ......................................................... $15,900 Computer Charges ................................................. $128,950 Real Estate Rentals ................................................ $175,500 Telecommunications ................................................. $35,000 Per Diem, Fees and Contracts ......................................... $2,000 Total Funds Budgeted ............................................ $5,328,257 State Funds Budgeted ............................................ $5,328,257

Section 13. Department of Community Affairs. Budget Unit: Department of Community Affairs ..................... $19,166,543 State Operations Budget: Personal Services................................................. $4,443,756 Regular Operating Expenses......................................... $136,668 Travel ............................................................ $171,915 Motor Vehicle Purchases.............................................. $7,500 Publications and Printing ............................................ $92,945 Equipment ......................................................... $18,121 Computer Charges .................................................. $25,988 Real Estate Rentals ................................................ $364,068 Telecommunications ................................................. $55,671 Per Diem, Fees and Contracts ........................................ $99,573 Capital Felony Expenses ............................................. $85,000

586

JOURNAL OF THE SENATE

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 Residential Finance Authority ............. Payment to Georgia Environmental Facilities
Authority for Operations ................................... Total Funds Budgeted ....................................... State Funds Budgeted .......................................

Department of Community Affairs Functional Budgets

Total Funds

Executive and Administrative

$ 15,187,126

Technical Assistance

$ 1,365,366

Community and Economic Development

$ 32,836,733

Intergovernmental Assistance

$ 1,141,324

Total

$ 50,530,549

Section 14. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation .......
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 .................................. 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 ......... University of Georgia--Cooperative Extension Service Contracts . Minor Construction Fund .................................... Authority Lease Rentals ........................... Grant to Richmond County .................................. Total Funds Budgeted....................................... Indirect DOAS Funding .....................................

$1,400,000 $11,745,000 . . $139,000 $30,000,000
. . . $770,000 . $590,500
$384,844 $50,530,549 $19,166,543
State Funds
15,130,126
1,182,608
1,882,520
971,289
19,166,543
$277,416,489 $189,347,982 $22,116,258 . . $1,240,761 . $1,462,600 ... $284,000
$6,200,089 . . $1,042,088 . . $2,800,914 . . $2,285,750 . $1,503,437
$4,982,000 . $8,356,400 . . . . $350,000 . $10,355,000 . . $6,468,438 . . $5,569,000 . . . . $600,000 . . . . $600,000
$2,942,150 . . $1,495,480 .... $300,000 .. $1,035,000 . $12,849,543 ..... $47,749 . . . . $262,900 ..... $75,378
... $20,000 $284,592,917 ... $450,000

TUESDAY, FEBRUARY 9, 1988

587

Georgia Correctional Industries . State Funds Budgeted ..........

Departmental Functional Budgets

Total Funds

General Administration Adult Facilities and Programs

$ 12,333,348 $ 28,777,411

Training

$ 1,696,587

Georgia Training and Development Center
Georgia Industrial Institute

$ 1,720,286 $ 9,047,550

Georgia Diagnostic and Evaluation Center

$ 9,773,460

Georgia State Prison

$ 18,305,899

Consolidated Branches
Middle Georgia Correctional Institution

$ 17,714,439 $ 21,886,299

Jack T. Rutledge Correctional Institution
Central Correctional Institution
Metro Correctional Institution

$ 3,607,562 $ 3,274,989 $ 4,238,392

Coastal Correctional Institution

$ 4,542,928

Central Funds

$ 16,722,059

D.O.T. Work Details

$

769,384

Food Services

$ 14,325,992

Farm Services

$ 6,174,373

Dodge Correctional Institution

$ 3,460,379

Transitional Centers

$ 4,022,499

Augusta Correctional and Medical Institution
Health Care

$ 6,421,901 $ 24,408,913

Rogers Correctional Institution

$ 4,175,706

Burruss Correctional and Training Facility

$ 3,375,468

Rehabilitation Programs

$ 18,249,380

Federal Grants

$

0

Probation Administration

$

855,489

Probation Field Services

$ 36,522,141

Probation Diversion and Detention Centers

$ 8,190,083

Total

$ 284,592,917

............. $0 ... $277,416,489

State Funds $ 11,883,348 $ 28,563,911 $ 1,652,043

$ 1,720,286 $ 9,047,550

$ 9,773,460 $ 18,305,899 $ 17,634,439

$ 21,886,299

$ 3,607,562

$ 3,274,989

$ 4,238,392

$ 4,542,928

$ 16,722,059

$

0

$ 14,122,404

$ 6,174,373

$ 3,460,379 $ 4,022,499

$ 6,421,901 $ 24,408,913

$ 4,175,706

$ 3,375,468

$ 18,249,380

$

0

$

855,489

$ 32,422,141

$ 6,874,671 $ 277,416,489

588

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 ........................................ Computer Charges ................................. Real Estate Rentals ................................ Telecommunications ................................ Per Diem, Fees and Contracts ....................... County Jail Subsidy ................................ Total Funds Budgeted .............................. State Funds Budgeted ..............................

Section 15. Department of Defense. Budget Unit: Department of Defense .................. 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 ....................... 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

2,303,646

Georgia Emergency Management Agency

1,899,050

Georgia Air National Guard

3,217,161

Georgia Army National Guard

5,548,431

Total

12,968,288

Section 16. State Board of Education--Department of Education. Budget Unit: Department of Education ....................... Operations: Personal Services.......................................... Regular Operating Expenses................................ Travel ...................................................

$18,280,715
$14,896,453 . . . $447,841 . . . $438,100 . . . $117,000
$58,000 . $221,219 . . . $138,000
$1,029,590 $381,500
. . . . $96,000 . . . $457,012 $18,280,715 $18,280,715
. $4,472,476
$7,143,125 . $1,833,844 .... $72,150 ... $50,000 . . . . $43,550 .... $81,725 . . . . $10,850
.... $8,200 . . . . $81,730
$159,844 . $1,721,870 . $1,049,400 . . . . $42,000 .... $18,000 . . . . $42,000 ........ $0 . $535,000 . . . . $75,000 $12,968,288 . $4,472,476

State Funds

$ 1,167,014

$i

907,239

$>

427,045

$> 1,971,178

$S 4,472,476

. $2,246,996,710
. . . $36,843,856 . . . . $3,574,594 . . . . $1,468,101

TUESDAY, FEBRUARY 9, 1988

589

Motor Vehicle Purchases............................................. $80,000 Publications and Printing ........................................... $656,689 Equipment ........................................................ $573,267 Computer Charges ............................................... $6,169,632 Real Estate Rentals .............................................. $2,212,962 Telecommunications ................................................ $719,204 Per Diem, Fees and Contracts .................................... $14,302,044 Utilities ........................................................... $991,165 Capital Outlay ..................................................... $250,000 QBE Formula Grants: Kindergarten/Grades 1--3 ...................................... $559,731,932 Grades 4--8 ................................................... $473,386,212 Grades 9--12 .................................................. $244,207,941 High School Laboratories ........................................ $69,273,939 Vocational Education Laboratories ................................ $81,119,399 Special Education .............................................. $152,243,958 Gifted.......................................................... $16,467,148 Remedial Education ............................................. $21,975,900 Staff Development ............................................... $7,370,037 Professional Development........................................ $23,027,563 Media.......................................................... $77,663,411 Indirect Cost .................................................. $417,072,368 Pupil Transportation ........................................... $100,665,399 Isolated Schools.................................................... $936,193 Mid-Term Adjustment........................................... $43,500,000 Local Fair Share .............................................. $(381,072,432) Other Categorical Grants: Equalization Formula........................................... $101,896,110 Sparsity Grants .................................................. $1,982,515 Prepaid Teacher Retirement ............................................. $0 Special Instructional Assistance.................................... $1,000,000 Middle School Incentive .......................................... $3,000,000 Special Education Low--Incidence Grants ............................ $188,694 Non-QBE Grants: Education of Children of Low-Income Families .................... $77,736,092 Retirement (H.B. 272 and H.B. 1321) .............................. $1,700,000 Instructional Services for the Handicapped ........................ $24,850,905 Tuition for the Multi-Handicapped ................................ $1,895,143 Severely Emotionally Disturbed .................................. $28,488,153 School Lunch (Federal) ......................................... $121,090,490 School Lunch (State) ............................................ $21,435,372 Supervision and Assessment of Students and Beginning
Teachers and Performance-Based Certification .................... $5,460,238 Regional Education Service Agencies ............................... $5,813,142 Georgia Learning Resources System ................................ $2,419,218 High School Program ............................................ $18,793,748 Special Education in State Institutions ............................. $2,581,128 Governor's Honors Program ......................................... $913,920 Special Projects .................................................. $1,387,000 Job Training Partnership Act ..................................... $2,860,000 Vocational Research and Curriculum ................................. $366,540 Adult Education ................................................. $4,772,348 Salaries and Travel of Public Librarians ........................... $8,539,061 Public Library Materials .......................................... $4,424,861 Talking Book Centers .............................................. $746,975 Public Library M&O... ......................................... $3,497,926 Grants to Local School Systems for Educational Purposes .......... $78,000,000

590

JOURNAL OF THE SENATE

Child Care Lunch Program (Federal) ....... Chapter II--Block Grant Flow Through Payment of Federal Funds to
Postsecondary Vocational Education ...... Innovative Programs. ...................... Technology Grants ........................ Limited English-Speaking Students Program. Remove Architectural Barriers.............. Drug-Free School ......................... Refugee Transportation Program ........... Emergency Immigrant Education ........... Profound--Special Education Grant ........ Robert C. Byrd Scholarship Program ....... Total Funds Budgeted ..................... Indirect DOAS Services Funding ........... State Funds Budgeted .....................

Education Functional Budgets

State Administration

Total Funds $ 3,008,875

Instructional Services Governor's Honors Program

$ 16,929,370

$

907,728

Administrative Services

$ 15,867,007

Standards and Assessment

$ 11,433,121

Special Services

$ 4,023,599

Professional Practices Professional Standards

$

494,176

$

224,831

Ga. Academy for the Blind

$ 4,016,541

Ga. School for the Deaf

$ 6,578,202

Atlanta School for the Deaf

$ 4,358,064

Local Programs Total

$ 2,484,341,319 $ 2,552,182,833

Section 17. 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 ............................. Computer Charges ...................... Real Estate Rentals ..................... Telecommunications ..................... Per Diem, Fees and Contracts ............ Postage ................................ Benefits to Retirees ..................... Employer Contribution .................. Total Funds Budgeted................... State Funds Budgeted ...................

. . . $14,261,645 . $10,457,937
. $13,657,800 ... $548,000 ...... $500,000 ...... $250,000 ...... $888,439 . . . . $2,541,012 ... $180,784 ...... $114,169 . . . . $7,348,486 ..... $184,500 . $2,552,182,833 ...... $340,000 . $2,246,996,710
State Funds
2,607,374
8,031,714
844,671
11,519,817
10,762,174
2,687,710
494,176
224,831
3,873,335
6,372,735
4,061,429
2,195,516,744
2,246,996,710
.......... $0
. . $885,753 . . $11,300 . . . . $7,500 ....... $0
$23,000 ... $5,100 . $259,000 . $115,706 . $26,500
$583,200 . $67,500 ....... $0 ....... $0 $1,984,559

TUESDAY, FEBRUARY 9, 1988

591

Section 18. Forestry Commission. Budget Unit: Forestry Commission ..... State 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 ................ 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

$ 5,257,468

Field Services

$ 31,959,132

Wood Energy

$

51,500

General Administration and Support

2,756,075

Total

40,024,175

Section 19. 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 .............................. 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

$ 2,988,153

$32,732,030
$24,986,730 . $6,172,548 . . $145,415 . $1,571,112 . . . . $88,000 . $3,678,745 . . $149,091 . $29,928 . . . $686,135 . . $420,871 . . $250,000
. . $300,000 . . $30,000
.... $60,000 $51,500
. $1,404,100 $40,024,175 $32,732,030
State Funds
1,024,016
28,907,439
51,500
2,749,075
32,732,030
. $30,027,870
. $21,068,876 . $1,999,529
. . $600,075 . . . . $827,000 ... $119,845 . . . . $574,000 . . $857,000 . . $1,775,757
$1,373,841 . . . . . $40,000 . . . . $479,000 . . . . . $93,000 . . . . . $73,000 . . . . $146,947
$30,027,870 . $30,027,870
State Funds
$ 2,988,153

592

JOURNAL OF THE SENATE

Drug Enforcement

$ 5,859,937 $ 5,859,937

Investigative

$ 10,029,995 $ 10,029,995

Georgia Crime Information Center

$ 5,469,699 $ 5,469,699

Total

$ 24,347,784 $ 24,347,784

Forensic Sciences Division Budget

Personal Services................................................. $4,456,586

Regular Operating Expenses......................................... $477,900

Travel ............................................................. $39,000

Motor Vehicle Purchases............................................. $93,000

Publications and Printing ............................................. $8,000

Equipment ........................................................ $241,000

Computer Charges ................................................. $140,000

Telecommunications ................................................ $117,000

Per Diem, Fees and Contracts ........................................ $19,000

Utilities ............................................................ $35,000

Postage ............................................................. $5,000

Capital Outlay ...................................................... $48,600

Total Funds Budgeted ............................................ $5,680,086

Total State Funds Budgeted ...................................... $5,680,086

Section 20. Georgia State Financing and Investment Commission. Budget Unit: Georgia State Financing and Investment Commission ... $9,000,000 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 .......................................................... $3,000 Computer Charges .................................................. $12,000 Real Estate Rentals ................................................. $99,344 Telecommunications ................................................. $11,000 Per Diem, Fees and Contracts ....................................... $115,000 Authority Bond Defeasement...................................... $9,000,000 Total Funds Budgeted ........................................... $10,319,362 State Funds Budgeted ............................................ $9,000,000

Section 21. Office of the Governor. Budget Unit: Office of the Governor ................................ $17,076,589 Personal Services................................................. $8,050,353 Regular Operating Expenses......................................... $290,640 Travel ............................................................ $176,679 Motor Vehicle Purchases................................................. $0 Publications and Printing ........................................... $152,729 Equipment ......................................................... $83,009 Computer Charges ................................................. $168,300 Real Estate Rentals ................................................ $640,014 Telecommunications ................................................ $194,132 Per Diem, Fees and Contracts .................................... $60,758,920 Cost of Operations ............................................... $2,613,891 Mansion Allowance .................................................. $40,000 Governor's Emergency Fund ...................................... $2,599,000 Intern Stipends and Travel ......................................... $153,000 Art Grants of State Funds ........................................ $2,540,000 Art Grants of Non-State Funds. ..................................... $402,424

TUESDAY, FEBRUARY 9, 1988

593

Humanities Grant--State Funds . Total Funds Budgeted .......... State Funds Budgeted ........

Office of the Governor Functional Budgets

Total Funds

Governor's Office

$ 5,405,891

Office of Fair Employment Practices

752,652

Office of Planning and Budget

$ 4,093,733

Council for the Arts

$ 3,538,826

Office of Consumer Affairs

$ 1,909,650

State Energy Office

$ 59,508,656

Consumers' Utility Counsel

$

511,834

Criminal Justice Coordinating Council

580,293

Juvenile Justice Coordinating Council

1,791,949

Vocational Education Advisory Council

342,497

Commission on Children and Youth

$

265,129

Growth Strategies Commission

$

180,000

Human Relations Commission

$

31,981

Total

$ 78,913,091

Section 22. 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 ................................. 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 .......................

. . . . $50,000 $78,913,091 $17,076,589

State Funds 5,405,891

$

691,439

3,991,152 3,000,581 1,909,650
313,239 511,834

391,293

216,770

167,630

$

265,129

$

180,000

$

31,981

$ 17,076,589

$397,831,111
$45,657,983 . $2,204,440 . $1,286,100 ........ $0
$272,941 . . . $565,287
$2,689,935 $4,579,748
$932,329 $36,529,251 . . . $290,700
$899,288
......... $0 . . $7,235,000
$7,170,574 ... $215,000 $110,528,576 ... $638,300 . $48,602,826

594

JOURNAL OF THE SENATE

General Administration and Support Functional Budgets

Total Funds

Commissioner's Office

$

762,303 $

Administrative Appeals

$ 1,178,302 $

Administrative Policy, Coordination, and Direction

302,836 $

Personnel

8,485,265 $

Indirect Cost

0$

Facilities Management

4,736,274 $

Public Affairs

473,034 $

Community/ Intergovernmental Affairs

497,862 $

Budget Administration

1,561,735 $

Financial Services

4,873,344 $

Auditing Services

1,857,762 $

Special Projects

495,000 $

Office of Children and Youth

7,192,614 $

Planning Councils

449,249 $

Community Services Block Grant

9,338,344 $

Regulatory Services--Program Direction and Support

689,251 $

Child Care Licensing

2,218,790 $

Laboratory Improvement

791,704 $

Health Care Facilities Regulation

2,842,518 $

Compliance Monitoring

386,617 $

Radiological Health

728,811 $

Fraud and Abuse

4,329,522 $

Child Support Recovery

17,110,929 $

Support Services

2,870,264 $

Aging Services

35,184,534 $

State Health Planning and Development Agency

1,171,712 $

Total

110,528,576 $

State Funds 762,303
1,178,302
302,836 8,442,739 (5,835,954) 3,407,539
473,034
497,862 1,561,735 4,673,344 1,857,762
495,000
6,840,706 133,579
0
689,251 2,198,790
463,935
781,705 386,617 538,828 272,973 2,290,490 2,657,664 12,413,074
1,118,712 48,602,826

2. Public Health Budget: Personal Services........... Regular Operating Expenses Travel .................... Motor Vehicle Purchases. Publications and Printing . . Equipment ................ Computer Charges ......... Real Estate Rentals ... Telecommunications ........

. $38,888,757 . $50,854,272 . $1,056,873 .... $20,000 ... $348,995 .... $467,154 .... $993,281 . . $668,180 .... $587,850

TUESDAY, FEBRUARY 9, 1988

595

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 .................................. 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

698,995

Employees' Health Health Program Management

$

327,570

1,170,290

Vital Records

1,981,216

Health Services Research

648,182

Primary Health Care

764,546

Stroke and Heart Attack Prevention

1,907,366

Epidemiology Immunization

1,904,541 469,330

Sexually Transmitted Diseases

1,515,840

Community Tuberculosis Center

1,284,709

Family Health Management

10,283,550

Infant and Child Health

8,412,706

Maternal Health--Perinatal

201,445

Family Planning Malnutrition

$ 9,763,335 53,135,760

Dental Health Children's Medical Services Chronic Disease

I,659,801 $ II,411,296
1,334,123

Diabetes Cancer Control

$

628,316

3,454,168

Environmental Health Laboratory Services

$

967,710

4,719,543

Emergency Health

2,563,665

$17,234,125 ......... $0 ... $86,410 ... $559,000
$4,936,795 $2,055,000 . $1,830,000 $7,142,000 . . $400,000 $2,532,000
. $5,299,000 . $302,000 $53,220,094 ... $562,000
$6,345,000 $196,388,786
. $549,718 $115,702,453

State Funds

$

501,770

$

292,570

$ 1,085,290

$ 1,882,088

$

425,364

$

736,631

$ 1,377,366

$

851,462

$

0

$

260,012

1,284,709 4,523,730 8,266,652
0 4,943,351
0 1,449,626 9,199,353 1,334,123
628,316 3,454,168
428,938 4,594,543 1,403,362

596

JOURNAL OF THE SENATE

District Health Administration
Newborn Follow-Up Care Sickle Cell, Vision and Hearing High-Risk Pregnant
Women and Infants Grant in Aid to Counties Community Health Management Community Care Total

$ 9,520,453 $ 1,239,337 $ 1,197,366
$ 7,747,022 $ 50,525,054 $ 2,235,096 $ 2,716,455 $ 196,388,786

3. Rehabilitation Services 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 ........ 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

Total Funds

Program Direction and Support

$ 3,498,823

Grants Management

$

642,427

State Rehabilitation Facilities

$ 7,649,344

Roosevelt Warm Springs Institute

$ 16,487,140

Georgia Factory for the Blind

$ 14,834,937

Disability Adjudication

$ 28,995,901

Production Workshop

$ 1,012,901

District Field Services

$ 32,249,452

Independent Living

$

461,243

Sheltered Employment

$ 1,160,427

Community Facilities

$ 5,161,256

Bobby Dodd Workshop

$

409,900

Total

$ 112,563,751

$ 9,390,778

$

827,387

$ 1,197,366

$ 7,747,022 $ 45,193,902 $ 1,337,580 $ 1,084,994 $ 115,702,453

. . . . $58,871,401 . $12,116,804 ....... $773,769
... $137,000 ....... $129,100
..... $948,308 $1,745,956
.... $2,485,650 . . . . . $1,469,410 .... $5,409,617 ... $1,088,200 ........ $25,000 ....... $485,680 ........ $30,700
$20,652,000 ........ $50,000 ....... $312,000
... $5,833,156 . . $112,563,751 ....... $100,000 .... $21,528,515

State Funds

$ 1,504,494

$

530,225

$ 1,518,369

$ 4,143,593

$

577,338

$

0

$

0

$ 6,880,280

$

261,243

$

541,817

$ 5,161,256

$

409,900

$ 21,528,515

TUESDAY, FEBRUARY 9, 1988

597

4. Family and Children Services Budget: Personal Services ...................... Regular Operating Expenses ............. Travel ................................ Motor Vehicle Purchases ................ Publications and Printing .... Equipment ............................ 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 ..................

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

$ 12,978,058

County DFACS OperationsSocial Services
County DFACS OperationsEligibility
County DFACS OperationsJoint and Administration
County DFACS Operations-- Homemakers Services
Food Stamp Issuance

$ 44,563,531

$ 69,216,101

$ 41,011,682

$ 6,099,507

$

3,100,00

Director's Office Administrative Support

$

818,867

$ 3,780,764

Regional Administration

$ 3,580,239

Public Assistance
Management Information Systems
Social Services

$ 5,340,927
$ 16,711,307 $ 2,149,146

Indirect Cost Employability Benefits

$

0

$ 1,629,230

Legal Services Family Foster Care

$ 1,325,000 $ 18,888,840

Institutional Foster Care

$ 1,919,914

Specialized Foster Care

$

485,700

. . . . $13,063,819 ..... $368,970 .... $397,600
............ $0 ....... $909,158 ....... $104,181
$14,190,236 ....... $226,015
$8,343,824 ....... $933,300 ......... $9,100 .... $1,161,830 . $270,354,296 . . $162,479,464 .... $43,174,233 . . . . . $3,303,331
$519,019,357 . . . . . $2,339,882 . . $211,997,317

State Funds

$

0

$ 91,466,684

$

4,000

$

0

$ 23,442,281

$ 34,576,066

$ 20,841,285

$ 5,518,107

$

0

$

818,867

$ 3,187,639

$ 3,580,239

$ 2,031,143

$ 6,577,265

$ 2,114,102

$ (8,799,001)

$

946,443

$ 1,100,000

$ 12,397,563

$ 1,443,769

$

280,757

598

JOURNAL OF THE SENATE

Adoption Supplement Day Care Home Management--Contracts Outreach--Contracts Special Projects Program Support County DFACS Operations--
Employability Program Total

$ 2,759,300

$ 18,102,680

$

150,000

$

737,000

$ 1,075,227

$ 2,777,456

$ 1,588,643 $ 519,019,357

$ 2,226,704

$ 3,285,528

$

48,816

$

233,836

$ 1,070,627

$ 2,612,456

$

992,141

$ 211,997,317

Budget Unit Object Classes: Personal Services............................................... $156,481,960 Regular Operating Expenses...................................... $65,544,486 Travel .......................................................... $3,514,342 Motor Vehicle Purchases............................................ $157,000 Publications and Printing ......................................... $1,660,194 Equipment ...................................................... $2,084,930 Computer Charges .............................................. $19,619,408 Real Estate Rentals .............................................. $7,959,593 Telecommunications .............................................. $3,922,889 Per Diem, Fees and Contracts .................................... $67,516,817 Utilities ......................................................... $1,388,000 Postage ......................................................... $2,633,208 Capital Outlay ...................................................... $25,000 Grants for Regional Intensive Infant Care .......................... $4,936,795 Grants for Regional Maternal and Infant Care ...................... $2,055,000 Crippled Children Benefits ........................................ $7,142,000 Crippled Children Clinics ........................................... $559,000 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 Midwifery Program Benefits....................................... $1,830,000 Grant-In-Aid to Counties ........................................ $53,220,094 Payments to DMA-Community Care ............................... $7,235,000 Service Benefits for Children ..................................... $50,344,807 Case Services ................................................... $20,652,000 E.S.R.P. Case Services ............................................... $50,000 Cash Benefits .................................................. $270,354,296 Grants for County DFACS--Operations .......................... $162,479,464 Institutional Repairs and Maintenance ................................ $30,700 Special Purpose Contracts ....................................... $10,175,331 Purchase of Service Contracts ..................................... $6,395,156

B. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions ............................................. $418,711,307
Departmental Operations: Personal Services. .............................................. $334,440,343 Regular Operating Expenses...................................... $32,608,044 Travel ............................................................ $911,958 Motor Vehicle Purchases............................................ $377,895 Publications and Printing ........................................... $165,908 Equipment ...................................................... $3,831,752 Computer Charges ............................................... $4,261,035

TUESDAY, FEBRUARY 9, 1988

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 Reserve for DeKalb RYDC .................. 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

$ 33,641,497

Georgia Retardation Center

$ 28,860,400

Georgia Mental Health Institute

$ 23,980,096

Georgia Regional Hospital at Augusta

$ 18,813,434

Northwest Regional Hospital at Rome

$ 24,646,999

Georgia Regional Hospital at Atlanta

$ 27,328,750

Central State Hospital

$ 115,047,887

Georgia Regional Hospital at Savannah

$ 21,622,351

Gracewood State School and Hospital

$ 43,140,167

West Central Georgia Regional Hospital

$ 18,889,023

Outdoor Therapeutic Program

$ 1,967,766

Mental Health Community Assistance

$ 8,019,997

Mental Retardation Community Assistance

$ 3,126,079

Day Care Centers for Mentally Retarded

68,769,489

Supportive Living

11,601,871

Georgia State Foster Grandparents/ Senior Companion Program

587,394

Project Rescue Drug Abuse Contracts

386,609 1,182,000

599
... $656,487 . $2,793,125 . $34,203,607 . $14,396,011
$266,400 . . $972,063 .. $2,119,055 .. $1,805,056 . $1,941,430 $1,182,000 . $91,706,730 . $11,904,902 . $74,743,682 ......... $0 $615,287,483 $2,404,100 $418,711,307
State Funds 22,348,749 14,583,707 20,961,071
16,025,816
18,753,112
21,117,501 80,028,547
18,235,934
22,820,892
15,122,278 1,815,486
8,019,997
2,322,418
34,062,869 7,298,827
573,148 223,609 1,182,000

600

JOURNAL OF THE SENATE

Community Mental Health Center Services
Project ARC Metro Drug Abuse Centerss Group Homes for
Autistic Children Project Friendship Community Mental
Retardation Staff Community Mental Retardation
Residential Services Contract with Clayton unty Board of
Education for Autistic CChhiilldren 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 Cesnters Day Centers Group Homes Purchased Services Runaway Investigatio terstate Compact Assessment and Classifica.tion Youth Services Administration
Total

$ 74,743,682

$

361,376

$ 1,652,922

$

262,890

$

303,031

$ 3,521,190

17,744,582

$

73,200

$ 7,506,636

$

0

$ 16,313,462

$ 8,799,421

$ 6,276,843

$ 3,384,853

$ 3,559,381

$ 9,577,827

$ 2,394,686

$

810,795

$

695,408

$ 2,843,245

$

608,334

$

369,439

$ 1,872,471

$ 615,287,483

$ 32,521,225

$

361,376

$ 1,358,922

$

262,890

$

303,031

$ 3,204,945

$ 12,685,504

$

73,200

$ 6,452,765

$ (383,006)

$ 15,908,462

$ 8,455,210

$ 6,206,108

$ 3,279,339

$ 3,462,981

$ 9,577,827

$ 2,394,686

$

810,795

$

695,408

$ 2,800,824

$

608,334

$

369,439

$ 1,805,081

$ 418,711,307

lent of Industry and Trade. rtment of Industry and Trade State Operations Budget: Personal Services Regular Operatinjg Expenses .................... Travel ......... Motor Vehicle Puirchases ....................... Publications and Printing ...................... Equipment ... Computer ChargeisS ............................ Real Estate Rentals ........................... Telecommunicatioons ........................... Per Diem, F( ind Contracts .................. Postage ... lenter Contracts .............. Cooperative Advertising .... ithority/Authority Lease Rentals sochee Commission Contract . .

...... $19,396,467
....... $6,300,845 ......... $969,000 ......... $316,000 .......... $18,000 ......... $340,000 .......... $82,000 ......... $184,500 ......... $538,700 ......... $210,000 ......... $464,000 ......... $186,000 ......... $220,000 ....... $4,700,000 ....... $2,745,000 .......... $80,000

TUESDAY, FEBRUARY 9, 1988

601

Atlanta Council for International Visitors ..................... Waterway Development in Georgia. ........................... Georgia Music Week Promotion .............................. Georgia World Congress Center
Operating Expenses ....................................... Contract--Georgia Association of Broadcasters ................. Southern Center for International Studies ..................... Capital Outlay .............................................. Total Funds Budgeted ....................................... State Funds Budgeted .......................................

Department of Industry and Trade Functional Budgets

Total Funds

Administration

$ 8,623,258

Economic Development

$ 4,603,462

Tourism

$ 7,115,325

Total

$ 20,342,045

Section 24. Department of Insurance. Budget Unit: Office of Insurance Commissioner . 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 ............... Total Funds Budgeted...................... State Funds Budgeted ......................

Department of Insurance Functional Budgets

Total Funds

Internal Administration

$ 1,477,886

Insurance Regulation

$ 2,545,351

Industrial Loans Regulation

$

545,494

Information and Enforcement

$ 1,745,800

Fire Safety and Mobile Home Regulations

$ 4,330,538

Total

$ 10,645,069

Section 25. Department of Labor. Budget Unit: Department of Labor . State Operations: Personal Services. ................ Regular Operating Expenses...... Travel .......................... Motor Vehicle Purchases.......... Publications and Printing ......... Equipment ..................... Computer Charges ...............

... $25,000 $50,000 $35,000
. $2,800,000 .... $53,000 . . . . $25,000 ........ $0 $20,342,045 $19,396,467
State Funds 7,807,680 4,573,462 7,015,325 19,396,467
$9,479,169
. . $8,625,783 . . $366,500 .... $237,500 ..... $13,000 ... $140,500 ..... $66,067 .... $377,101 .... $525,718 .... $175,400 . . . . $117,500 $10,645,069 . . $9,479,169
State Funds 1,477,886 2,439,366 545,494 1,745,800
3,270,623 9,479,169
. . $5,765,174
$59,920,440 . . $9,375,901 . . $1,167,655 ......... $0 . . . . . $65,582
$449,000 . . $3,216,570

602

JOURNAL OF THE SENATE

Real Estate Rentals ................. Telecommunications ................. Per Diem, Fees and Contracts (JTPA) Per Diem, Fees and Contracts ........ W.I.N. Grants ...................... Payments to State Treasury.......... Capital Outlay ...................... Total Funds Budgeted ............... State Funds Budgeted ...............
Department of Labor Functional Budgets

$2,453,694 . $1,601,283 . $61,002,822 ... $471,500 ......... $0 .... $400,000 . . $2,500,000 $142,624,447 . . $5,765,174

Executive Offices
Administrative Services
Employment and Training Programs
Total

Total Funds $ 2,981,784
17,951,559

State Funds $ 1,047,211 $ 2,118,883

121,691,104 $ $ 142,624,447 $

2,599,080 5,765,174

Section 26. Department of Law. Budget Unit: Department of Law.................................... $7,529,594 Attorney General's Office Budget: Personal Services................................................. $6,589,251 Regular Operating Expenses......................................... $340,000 Travel ............................................................ $128,000 Motor Vehicle Purchases................................................. $0 Publications and Printing ............................................ $38,000 Equipment ......................................................... $32,000 Computer Charges ................................................. $183,651 Real Estate Rentals ................................................ $402,692 Telecommunications ................................................. $80,000 Per Diem, Fees and Contracts ........................................ $45,000 Books for State Library............................................. $110,000 Total Funds Budgeted ............................................ $7,948,594 State Funds Budgeted ............................................ $7,529,594

Section 27. Department of Medical Assistance. Budget Unit: Medicaid Services ................................... $358,722,506 Departmental Operations Budget: Personal Services. ............................................... $10,057,082 Regular Operating Expenses......................................... $281,011 Travel ............................................................ $161,959 Motor Vehicle Purchases............................................. $11,000 Publications and Printing ............................................ $69,300 Equipment ......................................................... $56,229 Computer Charges .............................................. $10,692,103 Real Estate Rentals ................................................ $925,973 Telecommunications ................................................ $364,375 Per Diem, Fees and Contracts .................................... $14,332,151 Postage ........................................................... $109,500 Medicaid Benefits, Penalties and Disallowances .................. $1,060,817,875 Payments to Counties for Mental Health .......................... $16,513,900 Audit Contracts .................................................... $772,500 Total Funds Budgeted ......................................... $1,115,164,958 State Funds Budgeted .......................................... $358,722,506

TUESDAY, FEBRUARY 9, 1988

603

Commissioner's Office Program Management Systems Management Administration Program Integrity Benefits, Penalties
and Disallowances Total

Medical Assistance Functional Budgets Total Funds
$ 1,159,692 $ 17,814,537 $ 13,011,488 $ 2,214,504 $ 3,632,962
$ 1,077,331,775 $ 1,115,164,958

State Funds

$

499,470

$ 2,583,592

$ 3,467,913

$

304,094

$ 1,518,049

$ 350,349,388 $ 358,722,506

Section 28. Merit System of Personnel Administration.

Budget Unit: Merit System of Personnel Administration .......... . . . . $15,433,415

Departmental Operations Budget:

Personal Services .........................

. . . . . $6,146,353

Regular Operating Expenses ................

...... $204,550

Travel ..................................

........ $69,000

Publications and Printing ..................

....... $263,000

Equipment ..............................

........ $76,300

Computer Charges .......................

.... $1,921,428

Real Estate Rentals ...................

....... $754,382

Telecommunications ......................

........ $80,300

Per Diem, Fees and Contracts .............

. . . . $35,694,820

Postage .................................

$214,000

Health Insurance Payments ...............

. . $327,684,601

Total Funds Budgeted ....................

. . . $373,108,734

Agency Assessments ......................

. . . . . $7,834,688

Employee and Employer Contributions ...

. $349,788,474

Deferred Compensation ...................

........ $52,157

State Funds .............................

$15,433,415

Merit System Functional Budgets

Total Funds

State Funds

Applicant Services

$ 2,110,514 $

0

Classification and Compensation

$

912,837 $

0

Program Evaluation and Audit

$

730,775 $

0

Employee Training and Development

$ 1,138,511 $

0

Health Insurance Administration

$ 9,325,154 $

0

Health Insurance Claims

$ 355,574,601 $ 15,433,415

Internal Administration

$ 2,006,624 $

0

Commissioner's Office

$ 1,309,718 $

0

Total

$ 373,108,734 $ 15,433,415

Section 29. Department of Natural Resources.

A. Budget Unit: Department of Natural Resources ................ . . . . $71,633,230

Operations Budget:

Personal Services .........................

. . . . $48,391,599

Regular Operating Expenses ...............

..... $8,874,524

Travel ..................................

. . $498,025

Motor Vehicle Purchases ..................

... $1,749,083

Publications and Printing .................

....... $559,000

Equipment ..............................

. . . . . $1,949,977

604

JOURNAL OF THE SENATE

Computer Charges .......................................... Real Estate Rentals ......................................... Telecommunications ......................................... Per Diem, Fees and Contracts ................................ Postage .................................................... Land and Water Conservation Grants ......................... Recreation Grants ........................................... Grant-Chehaw Park Authority................................ Grant--Zoo Atlanta ......................................... 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 ..........................................
Capital Outlay--Hazardous Waste Site Acquisition ............. 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

7,103,905

Game and Fish

24,512,507

Parks, Recreation and Historic Sites

30,791,326

Environmental Protection

27,642,471

Coastal Resources

1,599,934

. $508,620 . $1,685,280
. $989,992 . $1,284,789 . . . $334,386
$2,000,000 . . . $655,000 . $500,000 . . . $500,000
. $300,000
. . $125,000 $1,966,438
$300,000 . . . $211,500 . $1,106,000 . $1,418,000 . $800,575 . . $206,000 . $50,000
. . $450,000 $1,535,000
.... $20,000
. . . $287,000 $2,000,000 . $125,000
. . $638,250 ... $10,000 ........ $0
. . . $149,405 $100,000
. . . $526,700 . . $150,000 . $8,000,000
$150,000 . . $7,000 .... $38,000 . . . $500,000 $91,650,143 .... $53,750 . . . $315,000 . . . $200,000 $71,633,230
State Funds
6,735,155
21,222,892
18,089,862
24,064,387
1,520,934

TUESDAY, FEBRUARY 9, 1988

605

Total

$ 91,650,143 $ 71,633,230

B. Budget Unit: Authorities ...................................... .......... $0 Operations Budget: Personal Services................................................. $2,822,875 Regular Operating Expenses....................................... $2,072,400 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 ............................................ $5,507,975 State Funds Budgeted ................................................... $0

Authorities Functional Budgets

Total Funds

State Funds

Lake Lanier Islands Development Authority

$ 4,981,275 $

0

Georgia Agricultural Exposition Authority

$

526,700 $

0

Total

$ 5,507,975 $

0

Section 30. Board of Post-Secondary Vocational Education. Budget Unit: Board of Postsecondary Vocational Education........... $98,715,296 Board of Postsecondary Vocational Education Budget: Personal Services................................................. $2,296,044 Regular Operating Expenses......................................... $158,000 Travel ............................................................. $57,000 Motor Vehicle Purchases.............................................. $9,000 Publications and Printing ............................................ $40,000 Equipment ......................................................... $20,000 Computer Charges ................................................. $104,000 Real Estate Rentals ................................................ $265,000 Telecommunications ................................................. $46,000 Per Diem, Fees and Contracts ....................................... $897,500 Utilities ............................................................ $15,000 Personal Services--Institutions ................................... $32,983,533 Operating Expenses--Institutions .................................. $8,428,396 Capital Outlay ................................................... $3,000,000 Quick Start Program ............................................. $4,300,000 Area School Program ............................................ $45,706,195 Regents Program................................................. $2,415,816 Teachers' Retirement............................................. $7,314,712 Teachers' Health Insurance ....................................... $3,062,100 Total Funds Budgeted .......................................... $111,118,296 State Funds Budgeted ........................................... $98,715,296

Administration Institutional Programs

Institutions Functional Budgets Total Funds
$ 3,907,544 $ 107,210,752

State Funds $ 2,778,544 $ 95,936,752

606

JOURNAL OF THE SENATE

Total

$ 111,118,296 $ 98,715,296

Section 31. Department of Public Safety.

A. Budget Unit: Department of Public Safety .................... .... $67,901,758

Operations Budget:

Personal Services. ........................................... ... $50,414,735

Regular Operating Expenses .................................. ... $6,449,160

Travel ..................................................... ....... $137,500

Motor Vehicle Purchases ..................................... . . . . . $3,069,000

Publications and Printing .................................... ...... $630,000

Equipment ................................................. . . $1,185,806

Computer Charges .......................................... . . $3,474,000

Real Estate Rentals ......................................... ........ $13,000

Telecommunications ......................................... ..... $1,141,010

Per Diem, Fees and Contracts ................................ ....... $208,470

Postage ....................................................

$1,095,375

Conviction Reports .......................................... ....... $225,000

State Patrol Posts Repairs

and Maintenance .......................................... ....... $200,000

Capital Outlay .............................................. ... $359,502

Driver License Processing .................................... ....... $949,200

Total Funds Budgeted ....................................... .... $69,551,758

Indirect DOAS Service Funding ..............................

$1,650,000

State Funds Budgeted ....................................... . $67,901,758

Public Safety Functional Budgets

Administration Driver Services Field Operations Total

Total Funds $ 15,976,158 $ 12,811,352 $ 40,764,248 $ 69,551,758

State Funds $ 14,476,158 $ 12,811,352 $ 40,614,248 $ 67,901,758

B. Budget Unit: Units Attached for Administrative Purposes Only . . . . . $12,077,530

Attached Units Budget:

Personal Services ........................................... ...... $5,195,176

Regular Operating Expenses ................................. . . $2,005,784

Travel .................................................... ........ $156,850

Motor Vehicle Purchases .................................... ........ $131,600

Publications and Printing ................................... ..... $71,456

Equipment ................................................ ........ $171,563

Computer Charges ......................................... ........ $362,281

Real Estate Rentals ........................................ ........ $163,722

Telecommunications ........................................ ....... $158,850

Per Diem, Fees and Contracts ............................... .... $1,306,078

Postage ................................................... ......... $39,655

Peace Officers Training Grants ..............................

. $2,643,377

Highway Safety Grants ..................................... ...... $3,500,000

Capital Outlay ............................................. ....... $810,000

Total Funds Budgeted ...................................... . . . . . $16,716,392

State Funds Budgeted ...................................... . . . . . $12,077,530

Office of Highway Safety

Attached Units Functional Budgets Total Funds
$ 4,033,264

State Funds

$

266,632

TUESDAY, FEBRUARY 9, 1988

Georgia Peace Officers Standards and Training
Police Academy
Fire Academy
Georgia Firelighters Standards and Training Council
Organized Crime Prevention Council
Georgia Public Safety Training Facility
Total

4,248,030
907,768 1,098,028
415,803
335,385
5,678,114 16,716,392

Section 32. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System ... Departmental Operations Budget: Payments to Employees' Retirement System ................ Employer Contributions .................................. Total Funds Budgeted .................................... State Funds Budgeted ....................................

Section 33. Public Service Commission. Budget Unit: Public Service Commission .....................
Departmental Operations Budget: Personal Services. ........................................ Regular Operating Expenses............................... Travel .................................................. Motor Vehicle Purchases.................................. Publications and Printing ................................. Equipment .............................................. 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 34. Regents, University System of Georgia. A. Budget Unit: Resident Instruction .........................
Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs............................. Sponsored Operations .................................... Operating Expenses: Educ., Gen., and Dept. Svcs............................. Sponsored Operations .................................... Office of Minority Business Enterprise ..................... Special Desegregation Programs ...........................

607
4,045,630 845,284 847,532
415,803
309,885
5,346,764 12,077,530
. $13,572,600
. . . . $242,600 $13,330,000
. $13,572,600 . $13,572,600
. . $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
$632,960,209
$659,941,020 $90,000,000
$181,694,971 $105,000,000 . . . . $321,481 ... $356,959

608

JOURNAL OF THE SENATE

Authority Lease Rentals ..................................... . $13,547,920 Research Consortium ........................................ ...... $500,000 Eminent Scholars Program ................................... ...... $250,000 Capital Outlay .............................................. ...... $630,000 Total Funds Budgeted ....................................... . $1,052,242,351 Departmental Income........................................ . $22,000,000 Sponsored Income........................................... $195,000,000 Other Funds ................................................ $199,254,842 Indirect DOAS Services Funding ............................. . . . . $3,027,300 State Funds Budgeted ....................................... $632,960,209

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 ................. CRT INC. Contract at Georgia Tech Research Institute ....... Total Funds Budgeted ...................................... Departmental Income....................................... Sponsored Income.......................................... Other Funds ............................................... Indirect DOAS Services Funding ............................ State Funds Budgeted ......................................

$135,417,421
$170,551,806 $54,640,269
$74,398,975 . $21,336,281 ... $265,251
$1,635,164 . . $1,188,859 . . $2,635,750 . $2,381,730 .... $158,000 .... $654,239 . $11,966,100 .... $697,748
$600,000 .... $200,000 . . . . $644,618 ... $173,000 $344,127,790 ......... $0 . $75,976,550 $132,178,119
$555,700 $135,417,421

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

Marine Resources Extension Center Skidaway Institute of Oceanography Marine Institute

1,837,107 2,814,535 1,386,330

Georgia Tech Research Institute Engineering Extension Division

87,693,751 5,269,765

Agricultural Experiment Station Cooperative Extension Service Eugene Talmadge Memorial Hospital

46,690,101 44,745,980 120,565,675

Veterinary Medicine Experiment Station Veterinary Medicine Teaching Hospital

2,735,358 2,237,849

State Funds 1,125,683 I,427,904 815,631 II,281,989 1,770,774 31,057,468 29,819,180 30,415,912 2,735,358 435,262

TUESDAY, FEBRUARY 9, 1988

Joint Board of Family Practice Georgia Radiation Therapy Center Athens and Tifton
Veterinary Laboratories Regents Central Office Total

5,533,945 1,537,429
2,115,755 18,964,210 344,127,790

C. Budget Unit: Georgia Public Telecommunications Commission Public Telecommunications Commission Budget: Personal Services.......................................... Operating Expenses ....................................... Total Funds Budgeted ..................................... Other Funds .............................................. State Funds Budgeted .....................................

Section 35. Department of Revenue. Budget Unit: Department of Revenue ......................... 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 .............................. 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

3,710,777

Internal Administration

8,658,047

Electronic Data Processing

3,974,230

Field Services

13,618,141

Income Tax Unit

7,015,226

Motor Vehicle Unit

17,139,009

Central Audit Unit Property Tax Unit Sales Tax Unit Total

5,655,563 3,912,452 4,061,011 67,744,456

Section 36. Secretary of State. Budget Unit: Secretary of State Personal Services. ........... Regular Operating Expenses.

609
5,533,945 0
34,105 18,964,210 135,417,421
. . $7,856,109
. . $4,844,948 . $6,828,500 $11,673,448 . . $3,817,339 . . $7,856,109
. $63,899,456
. $40,205,561 . . $1,324,528 . $1,425,925 . . . $263,000 . . $2,429,155 . . . . $382,500 . . $7,339,575 . . $2,562,453 . . $601,759 . . . . $215,000
$1,645,000 . . $1,430,000 . . $5,570,000 . . $2,350,000 . $67,744,456
$3,845,000 . $63,899,456
State Funds 3,710,777 8,458,047 3,756,230 13,318,141 6,058,226 15,507,009 5,655,563 3,831,452 3,604,011 63,899,456
. $19,429,131 . $12,488,214
$1,694,401

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Travel .......................... Motor Vehicle Purchases .......... Publications and Printing ......... Equipment ...................... 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

$ 2,781,886

Archives and Records

$ 4,447,476

Corporations Regulation

$ 1,796,855

Elections and Campaign Disclosure

$ 1,158,075

Securities Regulation Drugs and Narcotics

$ 1,485,022

$

837,435

State Ethics Commission Occupational Certification Total

$

194,940

$ 6,727,442

$ 19,429,131

Occupational Certification Functional Budgets

Board Costs

S.B. of Accountancy

$

194,741

S.B. of Architects S.B. of Athletic Trainers Georgia Auctioneers Commission

$

74,377

$

635

$

6,597

S.B. of Barbers

$

11,356

G.B. of Chiropractic Examiners

$

16,883

State Construction Industry Licensing Board
S.B. of Cosmetology
G.B. of Dentistry

$

77,130

$

42,156

$

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
S.B. of Funeral Services

$

3,595

$

21,462

S.B. of Registration for Professional Geologists

$

3,688

S.B. of Hearing Aid Dealers and Dispensers

$

6,551

........ $226,000 ........ $109,900 ........ $428,200
.... $176,600 ........ $394,300 ...... $2,136,570 ........ $260,300 .... $650,146
... $500,000 ........ $364,500
. . $19,429,131 $19,429,131

State Funds

$ 2,781,886

$ 4,447,476

$ 1,796,855

$ 1,158,075

$ 1,485,022

$

837,435

$

194,940

$ 6,727,442

$ 19,429,131

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

TUESDAY, FEBRUARY 9, 1988

611

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
Total
B. Budget Unit: Real Estate Commission Real Estate Commission 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 ........

21,374 $ 2,872 $

34,635 15,261

30,958 $

98,743

147,223 $ 1,141,058

$

11,942 $

42,282

$

71,044 $

778,712

$

8,497 $

31,977

$

16,571 $

56,620

$

8,256 $

16,916

$

79,556 $

450,269

$

12,265 $

46,350

$

6,649 $

25,801

$

6,632 $

41,656

48,634 $

442,775

$

12,622 $

333,196

$

14,461 $

70,864

$

5,488 $

21,953

$

6,501 $

30,511

$

14,003 $

174,370

$

8,564 $

37,833

$

41,874 $

109,437

7,385 1,163,078

133,695
6,881,566
$1,426,312
. $776,412 . . $112,900
$12,000 . . . $22,500
$26,000 . . $9,200 . $300,200
. $53,800 . . $13,800 . . . $99,500

612

JOURNAL OF THE SENATE

Total Funds Budgeted ............................................ $1,426,312 State Funds Budgeted ............................................ $1,426,312

Real Estate Commission Functional Budget

State Funds

Cost of Operations

Real Estate Commission

$ 1,426,312 $ 1,466,812

Section 37. Georgia Student Finance Commission.

Budget Unit: Georgia Student Finance Commission

$18,650,542

Administration Budget:

Personal Services................................................. $3,456,101

Regular Operating Expenses......................................... $215,090

Travel ............................................................. $58,000

Motor Vehicle Purchases................................................. $0

Publications and Printing ........................................... $112,000

Equipment ......................................................... $21,300

Computer Charges ................................................. $309,540

Telecommunications ................................................ $122,600

Per Diem, Fees and Contracts ........................................ $18,000

Payment of Interest and Fees ....................................... $382,500

Guaranteed Educational Loans .................................... $3,400,000

Tuition Equalization Grants ...................................... $12,302,000

Student Incentive Grants ......................................... $4,933,500

Law Enforcement Personnel Dependents' Grants ....................... $42,000

North Georgia College ROTC Grants ................................ $116,000

Osteopathic Medical Loans.......................................... $179,900

Georgia Military Scholarship Grants ................................. $256,100

Total Funds Budgeted ........................................... $25,924,631

State Funds Budgeted ........................................... $18,650,542

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

State Funds

$

0

$

275,000

$ 18,375,542 $ 18,650,542

Section 38. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee................. $1,376,017 Soil and Water Conservation Budget: Personal Services................................................... $690,582 Regular Operating Expenses.......................................... $99,000 Travel ............................................................. $49,000 Motor Vehicle Purchases................................................. $0 Publications and Printing ............................................ $22,000 Equipment .......................................................... $8,000 Computer Charges ................................................... $3,000 Real Estate Rentals ................................................. $35,039 Telecommunications ................................................. $16,000 Per Diem, Fees and Contracts ....................................... $126,000 County Conservation Grants ........................................ $327,396 Total Funds Budgeted ............................................ $1,376,017 State Funds Budgeted ............................................ $1,376,017

TUESDAY, FEBRUARY 9, 1988

613

Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement System........................... $3,300,000 Departmental Operations Budget: Personal Services................................................. $2,441,102 Regular Operating Expenses.......................................... $70,000 Travel ............................................................. $25,000 Publications and Printing ............................................ $55,000 Equipment .......................................................... $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 Total Funds Budgeted ............................................ $7,416,302 State Funds Budgeted ............................................ $3,300,000

Section 40. Department of Transportation. Budget Unit: Department of Transportation ........................ $444,009,430
For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities.
Departmental Operations Budget: Personal Services............................................... $198,278,521 Regular Operating Expenses...................................... $48,328,975 Travel .......................................................... $1,716,271 Motor Vehicle Purchases.......................................... $1,016,000 Publications and Printing ........................................... $470,084 Equipment ...................................................... $3,289,301 Computer Charges ............................................... $2,085,232 Real Estate Rentals .............................................. $1,289,059 Telecommunications .............................................. $1,955,802 Per Diem, Fees and Contracts ..................................... $9,250,600 Capital Outlay ................................................. $518,519,312 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 G.O. Debt Sinking Fund ......................................... $31,000,000 Total Funds Budgeted .......................................... $857,862,049 State Funds Budgeted .......................................... $444,009,430

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction

$ 567,057,159

Maintenance and Betterments

$ 216,453,036

Facilities and Equipment

$ 4,317,032

Assistance to Counties

$ 9,317,013

Administration

$ 18,571,307

Total

$ 815,715,547

State Funds $ 202,426,260 $ 198,023,328 $ 3,641,032 $ 9,317,013 $ 18,196,307 $ 431,603,940

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JOURNAL OF THE SENATE

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

$

900,000

$

106,000

$ 2,143,544

$ 16,818,208

$ 12,861,750

$

0

$ 42,146,502

Section 41. 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 Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Postage ................................. Operating Expense/Payments to Central State Hospital Operating Expense/Payments to Medical College of Georgia Regular Operating Expenses for Projects and Insurance Total Funds Budgeted State Funds Budgeted
Veterans Service Functional Budgets

Veterans Assistance Veterans Home and Nursing
Facility--Milledgeville Veterans Nursing Home--Augusta Total

Total Funds 4,704,465
10,118,806 5,319,155 20,142,426

Section 42. Workers' Compensation Board. Budget Unit: Workers' Compensation Board Operations Budget: Personal Services Regular Operating Expenses Travel .............................. Motor Vehicle Purchases.................

State Funds

$

317,000

$

900,000

$

106,000

$ 1,663,544

$ 5,407,196

$ 4,011,750

$

0

$ 12,405,490

$16,942,176
$4,212,979 $49,571 $82,000
........ $0 $21,000 $117,000
...... $2,402 $212,113 $58,000
.... $15,400 ......... $0
. $33,000
. . $9,877,806
$5,226,155
$235,000 $20,142,426 $16,942,176

State Funds 4,468,940
8,270,081 4,203,155 16,942,176

$6,844,856
$5,433,404 $113,231 . $61,500
......... $0

TUESDAY, FEBRUARY 9, 1988

615

Publications and Printing ............................................ $63,000 Equipment ......................................................... $70,230 Computer Charges ................................................. $287,991 Real Estate Rentals ................................................ $523,000 Telecommunications ................................................. $90,500 Per Diem, Fees and Contracts ....................................... $157,500 Postage ............................................................ $84,500 Total Funds Budgeted ............................................ $6,884,856 State Funds Budgeted ............................................ $6,844,856
Section 43. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt
Sinking Fund (Issued) ......................................... $182,693,428 B. Budget Unit: State of Georgia General Obligation Debt
Sinking Fund (New) ........................................... $68,848,425
Section 44. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions 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 45. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employ ees of the Court.
Section 46. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to at tend the Judicial College.
Section 47. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.
Section 48. Provisions Relative to Section 7, Institute of Continuing Judicial Educa tion. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 49. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Re porting of the Judicial Council.
Section 50. Provisions Relative to Section 13, Department of Community Affairs. Pro vided that of the $1,000,000 appropriated for development of a Middle Georgia airport, no funds shall be disbursed or contractually obligated prior to voter ratification in Bibb County of a sales tax to finance such development.

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JOURNAL OF THE SENATE

Section 51. Provisions Relative to Section 16, 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 1989.
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.
Provided further that, of the above appropriated amount for the Department of Educa tion, any funds appropriated for regular capital outlay funding and for regular advance capi tal outlay funding which are not used for either of these two purposes may be used to fi nance incentive advance funding projects which were requested by the Department of Education for fiscal year 1989.
Section 52. Provisions Relative to Section 17, 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, 1988, and January 1, 1989.
Section 53. Provisions Relative to Section 20, Georgia State Finance and Investment Commission. Provided that of the $9,000,000 appropriated for authority bond defeasement, any portion thereof not required for the defeasement of Georgia Education Authority (Uni versity) bonds shall be utilized by Georgia State Finance and Investment Commission to defease other Authority issues.
In the event any property acquired by the proceeds of the bonds issued on behalf of the World Congress Center is utilized for the construction of a stadium or athletic complex to be used by other than a state agency, then any lease of such property shall be approved by the Fiscal Affairs Subcommittee.
In the event any property acquired by the proceeds of bonds issued for projects and purposes of the World Congress Center is to be utilized for the construction of any athletic facility which will be used in whole or in part by any professional sports franchise, then any lease or other agreement for such use by such professional sports franchise shall not become effective until and unless such lease or other agreement is approved by the continuation subcommittee of the Senate Appropriations Committee and by the budget subcommittee of the House Appropriations Committee. Such subcommittees shall not approve any such lease or other agreement unless all of the following conditions are met:

TUESDAY, FEBRUARY 9, 1988

617

(1) At least 70 percent of the total cost of construction of such athletic facility (includ.ing without limitation land acquisition costs) must be provided from private nongovernmen tal sources;

(2) Adequate security for the private funding required by paragraph (1) above will be pledged so as to ensure that private nongovernmental funds will be available for such re quired share;

(3) No private person or organization (other than the purchasers of the bonds and their successors in interest) shall acquire any lien or security interest in the sports facility or the property upon which it is constructed;

(4) The governing authorities of the City of Atlanta and Fulton County provide binding guarantees that they will take all possible action to ensure that after 1990 at least 16.6 percent of their gross annual receipts from the hotel-motel tax will be ultimately dedicated to the support of the sports facility;

(5) Unencumbered fee simple ownership of the sports facility must vest in the state not later than 50 years from the initiation of the lease or other agreement;

(6) Adequate binding guarantees and commitments must be obtained that the profes sional sports franchise will continue to be located in Georgia and will continue to make use of the sports facility for it's home games for a period of at least 30 years;

(7) The professional sports franchise making use of the sports facility must pay rental charge for use of the facility, which rental charge shall on an annual basis be guaranteed to be equal to or exceed the greater of the following amounts: (1) a stated percentage of the gate receipts from home games of the professional sports franchise; and (2) a stated percent age of the total gross revenues of the professional sports franchise. In addition to the forego ing requirements, the subcommittee shall not approve any such lease or agreement unless the subcommittees determine that sports events to be held at such sports facility are reason ably certain to generate new state and local tax revenues which exceed by at least $10 mil lion a year the portion of the annual operating cost of the facility to be paid from public funds.

Section 54. Provisions Relative to Section 22, 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 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-

618

JOURNAL OF THE SENATE

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.
It is the intent of this General Assembly to maintain, as a minimum, the same level of direct treatment staff in the extended care and forensic programs of the MH-MR-SA insti tutions for fiscal year 1988 that was authorized in fiscal year 1987.
The Department of Human Resources is authorized to utilize up to $225,000 of addi tional VR section 110 funds for the purpose of expanding the Head Injury Program.
Section 55. Provisions Relative to Section 28, 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 1989 shall not exceed eight percent (8.00%).
Section 56. Provisions Relative to Section 29, 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 57. Provisions Relative to Section 34, 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.
Provided that it is the intent of this General Assembly that the Board of Regents shall proceed to develop plans for the improvement and enhancement of the facilities of the Med ical College of Georgia, to be funded through the issuance of General Obligation bonds not to exceed $37,000,000 in principal amount, with debt service to be funded by the Medical College of Georgia, with the condition that such bonds shall not be issued prior to specific legislative authorization being provided in the 1989 Regular Session of the Georgia General Assembly.
Section 58. Provisions Relative to Section 30, 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.
Provided that of the funding provided for renovation of facilities of the Board of Postsecondary Vocational Education, sufficient funding shall be designated for construction of a new child care center at Swainsboro Tech.
Provided that $400,000 of the surplus of bond proceeds for North Metro Tech shall be reapplied to the project budget for Swainsboro Tech for utilities installation and connection.

TUESDAY, FEBRUARY 9, 1988

619

Section 59. Provisions Relative to Section 40, 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 by 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 60. In addition to all other appropriations for the State fiscal year ending June 30, 1989, 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 61. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 62. Each State agency utilizing xerographic reproducing equipment shall main-

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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 63. 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 64. 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 65. 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 66. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 67. 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 68. 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.
Section 69. (a.) All expenditures and appropriations made and authorized under this

TUESDAY, FEBRUARY 9, 1988

621

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 1988 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 70. 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 71. 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 72. Provisions Relative to Section 43, State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on bonds, the principal amounts of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby.

A.) Maturities not to exceed sixty months:

Project/Purpose

Principal Amount

Debt Service

Developmental Highways

$ 45,000,000 $ 10,800,000

Talmadge Bridge

22,000,000

5,280,000

Water and Sewer Projects

20,000,000

4,800,000

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Herty Foundation

3,200,000

768,000

Institute of Paper Chemistry

6,000,000

1,440,000

Gracewood Laundry

1,600,000

384,000

No. One Peachtree and Capitol Hill Projects

15,500,000

3,720,000

Kings Bay Area Schools

3,300,000

792,000

Vocational School Renovations and Equipment

6,500,000

1,560,000

Burruss C.I. Dormitory

3,300,000

792,000

Ware and Lowndes C.I.

1,500,000

360,000

Park Improvements

5,260,000

1,262,400

NW Regional Renovations

3,700,000

888,000

Stone Mountain Project

2,900,000

696,000

Diversion Centers

1,690,000

405,600

DOC Wastewater Facilities

695,000

166,800

DHR Re-roofing and Planning

1,120,000

268,800

B.) Maturities not to exceed two-hundred forty months:

Project/Purpose

Principal Amount

Debt Service

World Congress Center Design and Land Acquisition

32,000,000

3,360,000

Agriculture Exposition Authority

4,000,000

420,000

Wildlife Management and Fishing Area Land Acquisition

15,000,000

1,575,000

Asbestos Abatement Projects

5,000,000

525,000

Library Construction

16,363,000

1,719,000

Regents Projects at Gainesville Col., Kennesaw Col., Georgia State, Southern Tech and Georgia Southern

45,750,000

4,803,750

Telfair County C.I.

20,000,000

2,100,000

Four Detention Centers

10,400,000

1,092,000

Local School Construction

154,615,000

16,234,575

Hancock County C.I.

15,100,000

1,585,500

Manufacturing Research Center

10,000,000

1,050,000

Provided that $4,900,000 of the bond proceeds provided in HB 225 A,ct No. 46 of the 1987 Regular Session (Ga. Laws 1987, p. 38l) is hereby re-designated for the purpose of fund-
ing $4,900,000 of the cost of the proposed correctional facility in Hancock County.

Section 73. Delayed Hiring Factor b;y Department.

Agriculture ....................... Corrections "A" ........... Corrections "B" ...................... GBI .................................. Office of the Governor .................. DHR "A" .............................

........ $10,500 ......$ 738,387 ......$ 403,380 ........$ 8,690 ........$ 2,200 .....$ 3,033,005

TUESDAY, FEBRUARY 9, 1988

623

DHR "B" ...............................................................$ 5,183,000 Georgia Insurance Comm. ...................................................$ 5,390 Merit System of Pers. Admin. ................. . . ...........................$ 46,842 Public Safety "A" ........................................................$ 370,000 Revenue ..................................................................$ 42,634
Section 74. It is the intent of this General Assembly that existing sinking fund balances be utilized for Debt Service on the obligations of the Georgia Building Authority (Penal).
Section 75. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1989 .......................................... $5,936,113,339
Section 76. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 77. All laws and parts of laws in conflict with this Act are repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Edge of the 28th offered the following amendment:

Amend the substitute to HB 1267 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Department of Community Affairs Budget Unit on page 12, line 21 in Section 16 the figure $8,177,000; and by decreasing the object classes for the Executive & Administrative Activity as listed below:

Page Line Page Line

Object Classes

13

3 -- -- Local Assistance Grants

13 17 13 26 Total Funds Budgeted

13 18 13 26 State Funds Budgeted

$8,177,000 $8,177,000 $8,177,000

and by adding to the State funds budgeted for the Department of Community Affairs Budget Unit on Page 12, line 21 in Section 16 the figure $8,177,000; and by increasing the object classes for the Community & Economic Activity as listed below:

Page Line Page Line

Object Classes

Payment to Ga. Residential Finance

13 12 -- --

Authority

13 17 13 26 Total Funds Budgeted

13 18 13 26 State Funds Budgeted

$8,177,000 $8,177,000 $8,177,000

On the adoption of the amendment offered by Senator Edge of the 28th, Senator Edge of the 28th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Burton Coverdell Edge Engram

Harrison Land Newbill

Phillips Ragan of 32nd Tysinger

Those voting in the negative were Senators:

Albert Allgood Baldwin Barker Barnes

Bowen Brannon Bryant Coleman Crumbley

Dawkins Deal Dean Echols English

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JOURNAL OF THE SENATE

Fincher Foster Garner
GTillis. HHianreris Howard Hudgins Huggins Johnson

Kennedy Kidd McKenzie
Olmstead ~P.eeyy Perrv Ragan of 10th Ray Scott of 2nd

Scott of 36th Shumake Starr
Stumbaugh mTat, e Taylor Timmons Turner Walker

Those not voting were Senators:

Broun (excused)

Langford

McGill (excused)

On the adoption of the amendment offered by Senator Edge of the 28th, the yeas were 10, nays 43, and the amendment was lost.

Senator Burton of the 5th offered the following amendment:

Amend the substitute to HB 1267 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the State of Georgia General Obligation Bond Debt Sinking Fund (NEW) Budget Unit on page 63, line 16 in Section 43 the figure $1,470,000; and by removing from the figure $32,000,000 on page 80, line 16 and replacing it with $18,000,000; and by removing from the figure $3,360,000 on page 80, line 16 and replac ing it with $1,890,000; and by adding to the State funds budgeted for the Merit System of Personnel Administration Budget Unit on page 42, line 10 in Section 28 the figure $1,470,000; and by increasing the object classes for the Departmental Operations Activity as listed below:

Line 42 22 42 23 42 28

Object Classes Health Insurance Payments Total Funds Budgeted State Funds Budgeted

$1,470,000 $1,470,000 $1,470,000

and by striking line 5 on page 43 and by striking line 8 on page 43 and inserting in lieu thereof the following:

On line 5 "Health Insurance Claims $357,044,601 $16,903,415" on line 8 "Total $374,578,734 $16,903,415".

On the adoption of the amendment offered by Senator Burton of the 5th, Senator Bur ton of the 5th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes
BC~ ouvrteornd,el.l, Deal Edge

Garner
HTHTouwdigairnds Land Peevy

Perry Przhuilmlirpws
Ra8an of 32nd Stumbaugh

Those voting in the negative were Senators:

Albert Allgood Baldwin Barker Bowen

Brannon Bryant Coleman Crumbley Dawkins

Dean Echols English Engram Fincher

TUESDAY, FEBRUARY 9, 1988

625

Foster Gillis Harrison HHiungegins
Johnson Kennedy

Kidd McKenzie Olmstead RRaagyan of 10th
Scott of 2nd Scott of 36th

Starr Tate Tavlnr T* imy mons
Tysinger Walker

Those not voting were Senators:

Broun (excused) Harris Langford

McGill (excused) Newbill

Shumake Turner

On the adoption of the amendment offered by Senator Burton of the 5th, the yeas were 14, nays 35, and the amendment was lost.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Hine Howard Hudgins Huggins Johnson Kennedy Kidd McKenzie Olmstead

Peevy Perry Phillips Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Coverdell Harrison

Land Newbill

Ragan of 32nd

Those not voting were Senators:

Broun (excused)

Langford

McGill (excused)

On the passage of the bill, the yeas were 48, nays 5.

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

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JOURNAL OF THE SENATE

Senator Starr of the 44th moved that HB 1267 be immediately transmitted to the House.
On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 1267 was imme diately transmitted to the House.
Senator English of the 21st introduced Miss America of 1986, Susan Akin, to the Senate.
Senator Walker of the 43rd introduced the doctor of the day, Dr. Reginald D. Smith, of Decatur, Georgia.
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 400. By Senator Kidd of the 25th: A bill to amend Article 2 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Council for the Arts, so as to provide for the establishment of an arts development fund to be administered by the Georgia Council for the Arts; to provide for authorized deductions from state income tax refunds by the Department of Revenue for transfer to said fund.
The Senate Committee on Banking and Finance offered the following substitute to SB 400:
A BILL
To be entitled an Act to amend Article 2 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Council for the Arts, so as to provide for the establishment of an arts development fund to be administered by the Georgia Council for the Arts; to provide for authorized deductions from state income tax refunds by the Depart ment of Revenue for transfer to said fund; to provide for the acceptance of contributions by the Georgia Council for the Arts and the Department of Revenue for transfer to said fund; to provide for grants to tax-exempt organizations or associations to encourage development of high quality and artistically significant arts activities or cultural facilities in local areas; to change certain provisions relating to the powers and duties of the Georgia Council for the Arts and the Office of Planning and Budget; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Council for the Arts, is amended by striking in its entirety Code Section 50-12-23, relating to powers and duties of the Georgia Council for the Arts, and inserting in lieu thereof a new Code Section 50-12-23 to read as follows:
"50-12-23. (a) The council shall advise the Governor through the Office of Planning and Budget concerning methods and programs to:
(1) Stimulate and encourage the study and development of the arts as well as public interest and participation therein;
(2) Encourage public interest in the cultural heritage of the state;
(3) Expand the state's cultural resources;
(4) Encourage and assist freedom of artistic expression essential for the well-being of the arts;

TUESDAY, FEBRUARY 9, 1988

627

(5) Assist the communities and organizations within the state in originating and creat ing their own cultural and artistic programs; and
(6) Survey public and private institutions engaged within the state in cultural activities including, but not limited to, architecture, dance, folk arts and applied arts and crafts, liter ature, music, painting, photography, sculpture, and theater.
(b) The council, through the Office of Planning and Budget, shall administer the arts development fund created in Code Section 50-12-27 and shall expend moneys in the fund for the purpose of grants to tax-exempt organizations or associations to encourage develop ment of high quality and artistically significant arts activities or cultural facilities."
Section 2. Said article is further amended by striking in its entirety Code Section 50-1225, relating to the powers and authority of the Office of Planning and Budget with respect to the Georgia Council for the Arts, and inserting in lieu thereof a new Code Section 50-1225 to read as follows:
"50-12-25. The Office of Planning and Budget shall have the powers and authority nec essary to carry out the purposes established by this article, including, but not limited to, the power:
(1) To establish overall policy for grant awards, evaluations, and programs recom mended by the council;
(2) To hold hearings, make and sign any agreements, and do and perform any acts which may be necessary, desirable, or proper to carry out the purposes of this article;
(3) To request from any department, division, board, bureau, commission, or other agency of the state such reasonable assistance and data as will enable it properly to carry out its powers and duties;
(4) To accept, on behalf of the state, any federal funds granted by act of Congress or by executive order for all or any of the purposes of this article; and, upon appropriation by the General Assembly, to expend such funds for the purposes set forth in the appropriations Act;
(5) To accept any grants, gifts, donations, or bequests to the arts development fund and for all or any of the other purposes of this article;
(6) To propose methods to encourage private initiative in the arts;
(7) To advise and consult with the Governor; the General Assembly; national founda tions; and other local, state, and federal departments and agencies on methods to coordinate and assist existing resources and facilities, with the purpose of fostering artistic and cultural endeavors generally; and
(8) To establish, with the approval of the council, policies and procedures relating to applications for grants and the awarding of grants from the arts development fund pursuant to subsection (b) of Code Section 50-12-23."
Section 3. Said article is further amended by adding at the end thereof a new Code Section 50-12-27 to read as follows:
"50-12-27. (a) There is established a special fund to be known as the 'Arts Development Fund.' This fund shall consist of all moneys contributed under subsection (b) of this Code section and any other moneys contributed to this fund and all interest thereon. All balances in the fund shall be deposited in an interest-bearing account identifying the fund and shall be carried forward each year so that no part thereof may be deposited in the general trea sury. The council, through the Office of Planning and Budget, shall administer the fund and may expend moneys held in the fund as provided in this article. The council shall prepare, by February 1 of each year, an accounting of the funds received and expended from the fund. The report shall be made available to the members of the General Assembly and to members of the public on request.
(b) Unless an earlier date is deemed feasible and established by the Governor, each

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JOURNAL OF THE SENATE

Georgia income tax return form for taxable years beginning on or after January 1, 1989, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Arts Development Fund estab lished in subsection (a) of this Code section by a checkoff of from $1.00 to $100.00 of any part of any tax refund due, by authorizing a reduction in the refund check otherwise paya ble. The instructions accompanying the income tax return form shall contain a description of the purposes for which this fund was established and the intended use of moneys received from the contributions. Each taxpayer required to file a state income tax return who desires to contribute to the Arts Development Fund may designate such contribution as provided in this Code section on the appropriate income tax return form.
(c) The state revenue commissioner shall transfer to the Arts Development Fund an amount equal to the total amount designated by individuals to be paid to the fund pursuant to subsection (b) of this Code section, less an amount, equal to not more than 3 percent of the total of such funds then collected, for the additional cost incurred by the Department of Revenue in collecting and handling such funds which shall be deposited in the general fund of the state treasury. Such transfers and deposits shall be made not less than quarterly commencing with the first day such funds are collected from the taxpayer."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 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 Bowen
^ BCouvrteonrndiell
Crumbley Dawkins Deal Dean Echols

Edge English Fincher Foster Garner
HHmianriersis
Huggins Johnson Kidd Land Olmstead

Peevy Perry Ragan of 10th Ragan of 32nd j^
S,,S,choutmt aok.fe36th
btarr Tate Turner Tysinger Walker

Voting in the negative were Senators Engram and Newbill.

Those not voting were Senators:

Barnes Brannon BCoroleumna(nexcused) Harrison Howard

Hudgins Kennedy (presiding) TLangf,ord, McGill (excused) McKenzie

Phillips Scott of 2nd cSt. umb, aughu Taylor Timmons

On the passage of the bill, the yeas were 38, nays 2.

TUESDAY, FEBRUARY 9, 1988

629

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Gillis of the 20th introduced several members of the Georgia Parks and Recrea tion Society who were commended by SR 303, adopted previously.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 403. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-8 of the Official Code of Georgia Annotated, relating to procedure for adverse action against permanent status employees gen erally under the merit system, so as to provide that in any adverse action against a permanent status employee of the Department of Human Resources or Depart ment of Corrections, such permanent status employee shall not be subject to dis missal from employment under certain conditions.
The Senate Committee on Governmental Operations offered the following substitute to SB 403:
A BILL
To be entitled an Act to amend Code Section 45-20-8 of the Official Code of Georgia Annotated, relating to procedure for adverse action against permanent status employees generally under the merit system, so as to provide that under certain conditions when a permanent status employee appeals an adverse action calling for the dismissal of the em ployee, the employee shall be entitled to his or her regular compensation for a certain pe riod; to provide that the appointing authority, at its discretion, may require the employee to continue employment during the period in which compensation is received following the adverse action; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-20-8 of the Official Code of Georgia Annotated, relating to procedure for adverse action against permanent status employees generally under the merit system, is amended by adding at the end thereof a new subsection (f) to read as follows:
"(f) Notwithstanding any other provisions of this article, a permanent status employee who has appealed an adverse action calling for the dismissal of the employee and who has at least ten years of continuous employment in the classified service with no previous adverse actions during such service shall be entitled to receive his or her regular salary or compensa tion for 60 days following the date of dismissal by the appointing authority or until the final action on the appeal of the adverse action pursuant to the appeals procedure in the rules and regulations of the State Personnel Board, whichever occurs first. The appointing au thority, at its discretion, may require the employee to continue employment at the same or similar duties during the period in which the employee is receiving compensation following the adverse action calling for the dismissal of the employee."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 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:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Bryant Burton Crumbley Dawkins Dean Echols English Engram

Fincher Garner Gillis Harris Howard Hudgins Huggins Johnson Kidd Land Olmstead Perry

Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Coverdell Deal Edge

Foster Hine Newbill

Peevy Phillips Ragan of 32nd

Those not voting were Senators:

Barnes Brannon Broun (excused) Coleman

Harrison Kennedy (presiding) Langford

McGill (excused) McKenzie Taylor

On the passage of the bill, the yeas were 37, nays 9.

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

SB 406. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide that employees in the classified service who are assigned to duty on night shifts are eligible for a supplement of $120.00 per month in addition to their normal salary to be paid in accordance with the department or agency plan required to be filed with and approved by the commissioner of personnel administration.

The Senate Committee on Governmental Operations offered the following substitute to SB 406:

A BILL
To be entitled an Act to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide that regular full-time employees in the classified service who are employed by the Department of Human Resources in state operated hospitals and are assigned to duty on evening or night shifts and are not currently receiving supplements under special pay provi sions of the State Merit System of Personnel Administration shall be eligible for a certain supplement; to provide for other or greater supplements pursuant to rules and regulations of the State Personnel Board; to provide conditions for the effectiveness of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated,

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631

relating to the State Merit System of Personnel Administration, is amended by adding at the end thereof a new Code Section 45-20-16 to read as follows:
"45-20-16. Regular full-time employees in the classified service who are employed by the Department of Human Resources in state operated hospitals and are assigned to duty on evening or night shifts and are not currently receiving supplements under special pay provisions of the State Merit System of Personnel Administration shall be eligible for a supplement of 5 percent of base salary per month in addition to their normal salary to be paid in accordance with the department or agency plan required to be filed with and ap proved by the commissioner of personnel administration. The provisions of this Code sec tion shall not prohibit employees in the classified service within any department or agency who are assigned to duty on evening or night shifts from receiving a supplement or greater supplement than provided in this Code section pursuant to rules and regulations of the State Personnel Board."
Section 2. This Act shall become effective only when the funds necessary to carry out its purposes are appropriated by the General Assembly.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 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:

Allgood Baldwin Barker Bowen Bryant Burton Coverdell Crumbley Dawkins Deal
Dean
Echols
Edge
English

Engram Fincher Foster Gillis Harris Hine Howard Hudgins Huggins Johnson
Kidd
Land
Newbill
Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Tate
Taylor
Turner
Tysinger
Walker

Those not voting were Senators:

Albert Barnes Brannon Broun (excused)
Coleman

Garner Harrison Kennedy (presiding) Langford
McGill (excused)

McKenzie Shumake
btumbaugh Timmons

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

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JOURNAL OF THE SENATE

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

SB 528. By Senators Bowen of the 13th, Timmons of the llth, English of the 21st and others:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to change the qualifica tions of persons serving on county and independent boards of education after a certain date.

The Senate Committee on Education offered the following amendment:
Amend SB 528 by inserting between the word "school" and the period on line 18 of page 1 the following:
"or its recognized equivalent".

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

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

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

Those voting in the affirmative were Senators:

Baldwin Barker Bowen Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Gillis Harris Hine Howard Hudgins Huggins Johnson Kidd Land Newbill Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Albert Allgood Barnes Brannon Broun (excused)

Garner Harrison Kennedy (presiding) Langford McGill (excused)

McKenzie Olmstead Shumake Taylor Timmons

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

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

SB 533. By Senator Coverdell of the 40th:
A bill to amend Part 2 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, known as the "Tax Deferral for the Elderly Act," so as to provide for an alternative tax deferral for the elderly in all counties of this state

TUESDAY, FEBRUARY 9, 1988

633

having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.

Senator Coverdell of the 40th moved that SB 533 be postponed until February 10.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 533 was post poned until February 10.

SB 548. By Senator Dawkins of the 45th:
A bill to amend Code Section 17-12-36 of the Official Code of Georgia Annotated, relating to the distribution of certain state appropriated funds under the "Geor gia Indigent Defense Act," so as to change the manner and method of distribut ing such funds; to provide for allocation of such funds.

The Senate Committee on Appropriations offered the following amendment:
Amend SB 548 by striking from line 24 of page 1 the word "senior" and inserting in lieu thereof the word "chief.

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:

Baldwin Bowen Bryant Burton Coleman Coverdell Crumbley DDeaawlkins
Dean
Echols Edge English
Engram Fincher

Foster Garner Gillis Harris Howard Hudgins Huggms JKoihdndson
Land
Newbill Olmstead Peevy
Perry Phillips

Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr S,, tumb, augh,
late
Taylor Timmons Turner
Tysinger Walker

Those not voting were Senators:

Albert Allgood Barker Barnes

Brannon Broun (excused) Harrison Hine

Kennedy (presiding) Langford McGill (excused) McKenzie

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

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JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed as amended.
SB 560. By Senator Peevy of the 48th: A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide for the offense of using intimidation, physical force, or threats with respect to certain witnesses or infor mants; to provide for the elements of and acts constituting such offense; to pro vide for criminal penalties; to provide for all matters relative to the foregoing.
The Senate Committee on Special Judiciary offered the following substitute to SB 560:
A BILL
To be entitled an Act to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, so as to provide that it shall be unlawful for any person to knowingly use intimidation or physical force or to threaten another person with intent to cause or induce any person to refuse to report or give information to a law enforcement officer concerning certain offenses; to pro vide for criminal penalties; 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. Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, is amended by adding at the end thereof a new Code section, to be designated Code Section 16-10-97, to read as follows:
"16-10-97. It shall be unlawful for any person to use knowingly intimidation or physical force or to threaten another person with intent to cause or induce any person to refuse to report or give information to a law enforcement officer concerning the commission of an offense against the laws of this state.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor; provided, however, that in any case involving the commission of a felony, such person shall be guilty of a felony and shall be punished by imprisonment for not more than five years."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Peevy of the 48th offered the following amendment:
Amend the substitute to SB 560 offered by the Senate Committee on Special Judiciary by adding on Page 1, line 18 between "16-10-97." and the word "It" the following:
"(a)".

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

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Baldwin Barker

Bowen Bryant

Burton Coleman

TUESDAY, FEBRUARY 9, 1988

635

Coverdell Crumbley Dawkins Deal Dean EcE-dcjhgoels English Engram Fincher
Foster
Gillis Harris

Hine Howard Hudgins Huggins Johnson TLKaidnddj Newbill Olmstead Peevy
Perry
Phillips Ragan of 10th

Ray Scott of 2nd gcott of 36th Shumake Starr S0 t. umb, aug6h, ,i ate Taylor Timmons
Turner
Tysinger Walker

Those not voting were Senators:

Albert Allgood Barnes Brannon

Broun (excused) Garner Harrison Kennedy (presiding)

Langford McGill (excused) McKenzie Ragan of 32nd

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

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

SB 577. By Senators Johnson of the 47th, Ragan of the 10th, Kennedy of the 4th and others:
A bill to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, relating to downtown development authorities, so as to change the definition of "project" to include certain hospitals, skilled nursing homes, and intermediate care homes; to change certain powers of such authorities.

The Senate Committee on Urban and County Affairs offered the following amendment: Amend SB 577 by striking from lines 4 and 5 of page 1 the following: "hospitals, skilled nursing homes, and intermediate care homes", and inserting in lieu thereof the following: "not for profit hospitals, not for profit skilled nursing homes, and not for profit inter mediate care homes". By striking from lines 8 and 9 of page 2 the following: "hospital, skilled nursing home, or intermediate care home", and inserting in lieu thereof the following: "not for profit hospital, not for profit skilled nursing home, or not for profit intermedi ate care home".

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:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Baldwin Barker Bowen Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Gillis Harris Hine Howard Hudgins Huggins Johnson Kidd Land Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake cSt, a" u Stumbaugh
Taylor Turner Tysinger Walker

Those not voting were Senators:

Albert AUgood Barnes Brannon Broun (excused)

Garner Harrison Kennedy (presiding) Langford

McGill (excused) McKenzie Ragan of 32nd Timmons

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

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

SB 593. By Senators Burton of the 5th, Ragan of the 10th, Kidd of the 25th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to create the Advisory Commission on Programs for the Hearing Impaired; to provide for membership and terms; to provide qualifi cations; to provide for compensation and expenses; to provide duties and respon sibilities; to provide for recommendations and reports; to provide a termination 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:

Baldwin Bowen Burton Coleman Coverdell
Dawkins Deal Dean Echols Edge English Engram Fincher

Foster Gillis Harris Hine Howard
rluggm. s Johnson Kidd Land Newbill Olmstead Peevy Perry

Phillips Ragan of 10th R,ay Scott of 2nd Scott of 36th
S,, humake ^tarr , Stumbaugh Tate Taylor Timmons Turner Tysinger

TUESDAY, FEBRUARY 9, 1988

637

Those not voting were Senators:

Albert Allgood Barker Barnes Brannon

Broun (excused) Bryant Garner Harrison Kennedy (presiding)

Langford McGill (excused) McKenzie Ragan of 32nd Walker

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 House was read the first time and referred to committee:

HB 1417. By Representative Crosby of the 150th:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxation, so as to revise provisions relating to income tax ad ministration and enforcement; to change the due dates for corporate income tax returns; to eliminate the requirement of filing of certain receipts with withhold ing tax returns.
Referred to Committee on Banking and Finance.

Senator Walker of the 43rd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 12:30 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Wednesday, February 10, 1988 Twenty-second Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1633. By Representatives Thompson of the 20th, Clark of the 20th, Hensley of the 20th, Isakson of the 21st, Atkins of the 21st and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the number of investigators; to change the number of assistant district attorneys; to change the provisions relative to the compensation of the chief investigator.
HB 1646. By Representatives Williams of the 48th, Richardson of the 52nd, Davis of the 45th, Mangum of the 57th, Lawrence of the 49th and others:
A bill to provide that each resident of the DeKalb County School District who is 62 years of age or over or disabled and whose adjusted gross income together with the gross income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $15,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes.
HB 1218. By Representatives Selman of the 32nd, Lane of the 27th, McKinney of the 35th, Sinkfield of the 37th, Couch of the 40th and others:
A bill to amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to procedure for authorization of bonded debt, so as to prohibit certain bond elections from being held on any date other than the date of the November general election in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.
HB 1464. By Representatives Sherrod of the 143rd, Royal of the 144th, Barnett of the 10th, Moore of the 139th, Sizemore of the 136th 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 agricultural property, so as to provide that a certain amount of property subject to a covenant of agricultural use may under certain circumstances be transferred to a relative of an owner of the property.

WEDNESDAY, FEBRUARY 10, 1988

639

HB 1483. By Representatives Coleman of the 118th and Buck of the 95th: A bill to amend Code Section 20-3-511 of the Official Code of Georgia Annotated, providing for the secretary of the State Medical Education Board, so as to abol ish the office of secretary of that board to employ instead an executive director and to provide for the duties, responsibilities, and compensation of the executive director.
HB 1589. By Representative Dunn of the 73rd: A bill to amend Code Section 33-24-3 of the Official Code of Georgia Annotated, relating to the requirement of insurable interest with reference to personal insur ance, so as to provide that a publicly owned corporation shall have an insurable interest in the lives of any of its directors, officers, and employees.
HB 1571. By Representatives Robinson of the 96th, Lupton of the 25th, Porter of the 119th, Chambless of the 133rd and Buck of the 95th: A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, the "Georgia Business Corporation Code," so as to provide that resident domes tic corporations shall not engage in certain business combinations with certain interested shareholders.
HB 1406. By Representatives Steinberg of the 46th, Buck of the 95th, Chambless of the 133rd, Ramsey of the 3rd and Oliver of the 53rd: A bill to amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to granting of protective orders and approval of consent agreements, so as to provide that the court issuing any protective order may order the sheriff, any deputy sheriff, or any other state, county, or municipal law enforcement of ficer or official to enforce or carry out such order.
HB 1318. By Representatives Crawford of the 5th, Cox of the 141st, Bargeron of the 108th, Lord of the 107th, McCoy of the 1st and others: A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to provide that in the case of a death resulting from an apparent accident, homicide, suicide, or from an undetermined cause, the investigating coroner or medical examiner may re quire that a chemical blood test or other analysis deemed necessary be performed on the person to determine the presence of alcohol or drugs.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 590. By Representative Green of the 106th: A resolution designating the Jasper T. Copelan Bridge.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 1378. By Representative Stancil of the 66th: A bill to amend an Act creating the board of commissioners of Oconee County so as to change the powers, duties, and authority of the chairman; to provide for duties of the vice chairman; to change the provisions relating to removal or sus pension of the chairman or members of the board of commissioners.
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

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circumstances under which an executor shall be required to file inventories and returns.
HB 615. By Representatives Groover of the 99th, Chambless of the 133rd, Robinson of the 96th and Thomas of the 69th:
A bill to amend Chapter 3 of Title 15 of the Official Code of Georgia Annotated, relating to the Court of Appeals, so as to authorize the Court of Appeals to estab lish by rule a preappeal settlement conference procedure.
HB 636. By Representatives Jamieson of the llth, Alford of the 57th, Moore of the 139th, Hasty of the 8th, Lane of the 27th and others: A bill to amend Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions applicable to contracts for public works, so as to require contractors to give bid bonds to the state, counties, municipal corporations, or any other public board or body thereof on certain bids for con tracts for the doing of any public work.
HB 312. By Representative Ramsey of the 3rd: A bill to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide for the dissemination of criminal history records maintained by the center to private persons and businesses, public agencies, political subdivisions, authori ties, and instrumentalities, including state or federal licensing regulatory agencies or their designated representatives.
The House has agreed to the Senate amendments to the following bills of the House:
HB 1229. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Pettit of the 19th, Robinson of the 96th and others: A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated.
HB 1323. By Representatives Pannell of the 122nd, Hamilton of the 124th, Alien of the 127th, Johnson of the 123rd, Triplett of the 128th and others: A bill to create the Chatham-Savannah Youth Futures Authority.
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.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1436. By Representatives Lawler of the 20th, Mostiler of the 75th, Kilgore of the 42nd and McDonald of the 12th: A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses,

WEDNESDAY, FEBRUARY 10, 1988

641

so as to provide that it shall be a misdemeanor to obstruct or hinder a firefighter in the lawful performance of official duties.
HB 1491. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other personnel, so as to provide for the dis charge of certain debts or obligations due the health insurance fund for public school teachers and the health insurance fund for public school employees.
HB 1493. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
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 pro vide that any check or draft not presented for acceptance during the five years following the date the check or draft was issued shall be void and the funds re tained by the insurance fund that issued the check or draft.
HB 1306. By Representatives Jackson of the 9th, Childers of the 15th, Wood of the 9th and Lawson of the 9th:
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 provide that family daycare centers be included in those facilities which are subject to certain space requirements.
HB 71. By Representatives Jackson of the 9th, Crosby of the 150th, Barnett of the 10th, Porter of the 119th, Lane of the 27th and others:
A bill to amend Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to safety belts and safety restraints for children in motor vehicles, so as to change the class of individuals who are covered by the requirement to use child passenger restraining systems; to provide an expanded definition of compli ance with the requirement to use such systems.
HB 1386. By Representatives Ray of the 98th, Edwards of the 112th, Pinkston of the 100th, Adams of the 79th and Smith of the 156th:
A bill to amend Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administrations of estates in general, so as to specify provisions governing territorial jurisdiction of probate courts over the estates of decedents; to provide for the determination of residence of decedents who were under the care of a nursing home or similar facility.
HB 1411. By Representatives Dobbs of the 74th, Lane of the lllth, Hanner of the 131st and Porter of the 119th:
A bill to amend Chapter 13 of Title 31 of the Official Code of Georgia Annotated, relating to radiation control, so as to change certain definitions; to provide for licensing of users of radioactive materials other than by-product, source, and spe cial nuclear materials as sources of ionizing radiation.
HB 1429. By Representative Thomas of the 69th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to repeal the provisions relating to records of sex criminal convictions and furnishing records to the Geor gia Bureau of Investigation.

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The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
HR 708. By Representatives Pettit of the 19th, Ramsey of the 3rd, Langford of the 7th, McKelvey of the 15th, Childers of the 15th and others: A resolution designating certain public roads and highways as the Chieftains Trail.
HR 720. By Representative Colbert of the 23rd: A resolution designating that portion of State Highway 9 within the boundaries of the City of Roswell as the W. L. "Pug" Mabry Highway.
HR 764. By Representatives Johnson of the 123rd, Cox of the 141st, Reaves of the 147th, Couch of the 40th, and Kilgore of the 42nd: A resolution relative to the "Good Eating in Georgia" menu.
SR 354. By Senator Burton of the 5th: A resolution to commend the Georgia Veterans Day Parade Association of Atlanta.
The House has disagreed to the Senate substitute to the following bill of the House:
HB 1267. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others: A bill to amend an Act providing for appropriations for the State Fiscal Year 1987-1988 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1987-1988.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 631. By Senator Kidd of the 25th: A bill to amend an Act creating county courts (now state court) in certain desig nated counties of this state, as amended, so as to change the compensation provi sions relating to the judge and the solicitor of the State Court of Baldwin County.
Referred to Committee on Judiciary.
SB 632. By Senator Barnes of the 33rd: 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 provide that it shall be un lawful for owners of motor vehicles which have a standardized color and logo to sell, transfer, or otherwise dispose of said motor vehicles without first removing the logo and changing the body color of the motor vehicles.
Referred to Committee on Industry and Labor.
SB 633. By Senators Peevy of the 48th, Barker of the 18th, Barnes of the 33rd and Phil lips of the 9th: A bill to amend Code Section 32-2-2 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Transportation generally, so as to provide that the Department of Transportation shall not be authorized to

WEDNESDAY, FEBRUARY 10, 1988

643

erect, place, or maintain temporary or permanent barriers in certain locations; to provide an effective date. Referred to Committee on Transportation.
SB 634. By Senator Engram of the 34th: 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 repeal Article 11 of said chapter, known as the "Georgia Motion Picture Fair Competition Act," and re lating to procedures for the bidding and negotiation for the right to exhibit mo tion pictures within the state.
Referred to Committee on Industry and Labor.
SB 635. By Senator Stumbaugh of the 55th: A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide for the establishment and regulation of captive insurance companies; to provide for legislative intent; to define certain terms; to authorize the transaction of certain kinds of insurance by captive insur ance companies.
Referred to Committee on Insurance.
SR 367. By Senator Brannon of the 51st: A resolution authorizing the conveyance of certain state owned real property lo cated in Gordon County, Georgia; to provide an effective date.
Referred to Committee on Public Utilities.
SR 370. By Senators Echols of the 6th and Ragan of the 10th: A resolution urging the Congress of the United States to amend federal laws re lating to motor fuel taxes on nongasoline fuels used by farmers for off-road uses.
Referred to Committee on Agriculture.
SR 375. By Senators Tate of the 38th, Kidd of the 25th, Allgood of the 22nd and others: A resolution creating the Joint Medicaid Study Committee.
Referred to Committee on Human Resources.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 71. By Representatives Jackson of the 9th, Crosby of the 150th, Barnett of the 10th, Porter of the 119th, Lane of the 27th and Barnett of the 59th: A bill to amend Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to safety belts and safety restraints for children in motor vehicles, so as to change the class of individuals who are covered by the requirement to use child passenger restraining systems; to provide an expanded definition of compli ance with the requirement to use such systems.
Referred to Committee on Transportation.
HB 1218. By Representatives Selman of the 32nd, Lane of the 27th, McKinney of the 35th and others: A bill to amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to procedure for authorization of bonded debt, so as to prohibit certain bond elections from being held on any date other than the date of the November general election in all counties of this state having a population of 550,000 or

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more according to the United States decennial census of 1980 or any future such census. Referred to Committee on Governmental Operations.
HB 1306. By Representative Jackson of the 9th:
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 provide that family daycare centers be included in those facilities which are subject to certain space requirements. Referred to Committee on Children and Youth.
HB 1318. By Representatives Crawford of the 5th, Cox of the 141st, Bargeron of the 108th and others:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to provide that in the case of a death resulting from an apparent accident, homicide, suicide, or from an undetermined cause, the investigating coroner or medical examiner may re quire that a chemical blood test or other analysis deemed necessary be performed on the person to determine the presence of alcohol or drugs. Referred to Committee on Human Resources.
HB 1386. By Representatives Ray of the 98th, Edwards of the 112th, Pinkston of the 100th, Adams of the 79th and Smith of the 156th:
A bill to amend Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administrations of estates in general, so as to specify provisions governing territorial jurisdiction of probate courts over the estates of decedents; to provide for the determination of residence of decedents who were under the care of a nursing home or similar facility. Referred to Committee on Judiciary.
HB 1406. By Representatives Steinberg of the 46th, Buck of the 95th, Chambless of the 133rd, Ramsey of the 3rd, Oliver of the 53rd and Mueller of the 126th:
A bill to amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to granting of protective orders and approval of consent agreements, so as to provide that the court issuing any protective order may order the sheriff, any deputy sheriff, or any other state, county, or municipal law enforcement of ficer or official to enforce or carry out such order. Referred to Committee on Judiciary.
HB 1411. By Representatives Dobbs of the 74th, Lane of the lllth, Manner of the 131st and Porter of the 119th:
A bill to amend Chapter 13 of Title 31 of the Official Code of Georgia Annotated, relating to radiation control, so as to change certain definitions; to provide for licensing of users of radioactive materials other than by-product, source, and spe cial nuclear materials as sources of ionizing radiation. Referred to Committee on Natural Resources.
HB 1429. By Representative Thomas of the 69th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to repeal the provisions relating to records of sex criminal convictions and furnishing records to the Geor gia Bureau of Investigation. Referred to Committee on Judiciary.

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645

HB 1436. By Representatives Lawler of the 20th, Mostiler of the 75th, Kilgore of the 42nd and McDonald of the 12th:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to provide that it shall be a misdemeanor to obstruct or hinder a firefighter in the lawful performance of official duties. Referred to Committee on Public Safety.
HB 1464. By Representatives Sherrod of the 143rd, Royal of the 144th, Barnett of the 10th, Sizemore of the 136th, Balkcom of the 140th 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 agricultural property, so as to provide that a certain amount of property subject to a covenant of agricultural use may under certain circumstances be transferred to a relative of an owner of the property. Referred to Committee on Banking and Finance.
HB 1483. By Representatives Coleman of the 118th and Buck of the 95th:
A bill to amend Code Section 20-3-511 of the Official Code of Georgia Annotated, providing for the secretary of the State Medical Education Board, so as to abol ish the office of secretary of that board to employ instead an executive director and to provide for the duties, responsibilities, and compensation of the executive director. Referred to Committee on Governmental Operations.
HB 1491. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other personnel, so as to provide for the dis charge of certain debts or obligations due the health insurance fund for public school teachers and the health insurance fund for public school employees. Referred to Committee on Governmental Operations.
HB 1493. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
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 pro vide that any check or draft not presented for acceptance during the five years following the date the check or draft was issued shall be void and the funds re tained by the insurance fund that issued the check or draft. Referred to Committee on Governmental Operations.
HB 1571. By Representatives Robinson of the 96th, Lupton of the 25th, Porter of the 119th, Chambless of the 133rd and Buck of the 95th:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, the "Georgia Business Corporation Code," so as to provide that resident domes tic corporations shall not engage in certain business combinations with certain interested shareholders. Referred to Committee on Judiciary.
HB 1589. By Representative Dunn of the 73rd:
A bill to amend Code Section 33-24-3 of the Official Code of Georgia Annotated, relating to the requirement of insurable interest with reference to personal insur-

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ance, so as to provide that a publicly owned corporation shall have an insurable interest in the lives of any of its directors, officers, and employees. Referred to Committee on Insurance.
HR 590. By Representative Green of the 106th: A resolution designating the Jasper T. Copelan Bridge.
Referred to Committee on Transportation.
HR 708. By Representatives Pettit of the 19th, Ramsey of the 3rd, Langford of the 7th and others: A resolution designating certain public roads and highways as the Chieftains Trail.
Referred to Committee on Transportation.
HR 720. By Representative Colbert of the 23rd: A resolution designating that portion of State Highway 9 within the boundaries of the City of Roswell as the W. L. "Pug" Mabry Highway.
Referred to Committee on Transportation.
HB 1633. By Representatives Thompson of the 20th, Clark of the 20th, Hensley of the 20th and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the number of investigators; to change the number of assistant district attorneys; to change the provisions relative to the compensation of the chief investigator.
Referred to Committee on Urban and County Affairs.
HB 1646. By Representatives Williams of the 48th, Richardson of the 52nd, Davis of the 45th and others: A bill to provide that each resident of the DeKalb County School District who is 62 years of age or over or disabled and whose adjusted gross income together with the gross income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $15,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes.
Referred to Committee on Urban and County Affairs.
The following report of a standing committee was read by the Secretary:
Mr. President:
The Committee on Banking and Finance has had under consideration the following resolutions and bill of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 265. Do pass by substitute. HB 1279. Do pass. HR 661. Do pass.
Respectfully submitted,
Senator Hudgins of the 15th District, Chairman

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647

The following communication from Senator Langford of the 35th was read by the Secretary:

The State Senate Atlanta

February 4, 1988

Honorable Hamilton McWhorter Secretary of the Senate State Capitol--Room 353 Atlanta, Georgia 30334

Dear Hamilton:

I respectfully request that Senator Al Scott/2nd, Vice Chairman of the Senate Commit tee on Consumer Affairs, serve as Chair for the meeting scheduled for February 9, 1988 at 8:30 AM in my absence. I am scheduled to be out-of-town on this day and will not return until Wednesday.

The agenda is as follows: SB 529 SB 555 SB 574 SB 600

SB 608 HB 1324 SB 544

Your assistance in this matter will be greatly appreciated.

Sincerely,

Is/ Arthur Langford, Jr. Chairman Senate Consumer Affairs Committee

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

Mr. President:

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

SB 529. Do pass by substitute.

SB 608. Do pass as amended.

SB 574. Do pass.

SB 544. Do pass.

Respectfully submitted,

Senator Scott of the 2nd District, Vice Chairman

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

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SB 555. Do pass by substitute. Respectfully submitted, Senator Scott of the 2nd District, Vice Chairman

Mr. President:

The Committee on Corrections has had under consideration the following bill and reso lutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 629. Do pass. SR 347. Do pass. HR 620. Do pass.
Respectfully submitted,
Senator Garner of the 30th District, Chairman

Mr. President:

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

SB 410. Do pass by substitute.

SR 355. Do pass.

SB 615. Do pass.

HB 303. Do pass by substitute.

SB 617. Do pass.

HB 1352. Do pass.

SB 618. Do pass.

HB 1454. Do pass.

SB 625. Do pass.

HB 1503. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Higher Education has had under consideration the following resolu tion of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 336. Do pass as amended.
Respectfully submitted,
Senator Fincher of the 54th District, Chairman

Mr. President:

The Committee on Higher Education has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1228. Do pass.
Respectfully submitted,
Senator Fincher of the 54th District, Chairman

WEDNESDAY, FEBRUARY 10, 1988

649

Mr. President:

The Committee on Insurance has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 578. Do pass by substitute.
Respectfully submitted,
Senator Stumbaugh of the 55th 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 507. Do pass by substitute. HB 1247. Do pass.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

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

The State Senate Atlanta, Georgia 30334

February 8, 1988

Mr. Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, GA

Dear Mr. Secretary:

Due to the illness of Senator Nathan Deal, Chairman of the Judiciary Committee, I hereby authorize Senator Tom Allgood, Vice Chairman, to conduct the meeting of the Judi ciary Committee scheduled for 3:00 p.m., Monday, February 8, 1988.

I further authorize the Committee to consider the following legislation:

SB 388

HB 1163

SB 470

HB 1221

SB 510

HB 1325

SB 511

HB 1427

SB 602

HB 1459

HB 924

Sincerely,

1st Zell Miller President of the Senate

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The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 511. Do pass by substitute. HB 1221. Do pass by substitute.
Respectfully submitted, Senator Allgood of the 22nd District, Vice Chairman

Mr. President:

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

SB 551. SB 594. SB 597. HB 1401.

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

HB 1402. Do pass. HB 1446. Do pass. HB 1441. Do pass. HR 696. Do pass by substitute. Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

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

SB 609. Do pass.

HR 579. Do pass.

HB 218. Do pass by substitute.

HR 581. Do pass.

HR 577. Do pass.

Respectfully submitted,

Senator Scott of the 2nd District, Chairman

Mr. President:

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

SB 442. Do pass by substitute. SB 505. Do pass. SB 554. Do pass. SR 245. Do pass. SR 356. Do pass.

HB 1307. HB 1328. HR 549. HR 551.

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

Respectfully submitted, Senator Coleman of the 1st District, Chairman

WEDNESDAY, FEBRUARY 10, 1988

651

Mr. President:
The Committee on Urban and County Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 532. Do pass by substitute.
Respectfully submitted,
Senator Turner of the 8th District, Chairman
Mr. President:
The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1551. Do pass. HB 1556. Do pass. HB 1595. Do pass.
Respectfully submitted, Senator Turner of the 8th District, Chairman
The following bills of the Senate and House were read the second time:
SB 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".
SB 470. By Senators Garner of the 30th, Newbill of the 56th and Crumbley of the 17th: A bill to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to the fixing of the sentence by a judge in misdemeanor and felony cases generally, so as to provide that in cases where the defendant has been punished by a fine, the sentencing judge shall be authorized to allow the defendant to sat isfy such fine through community service.
SB 493. By Senators Barnes of the 33rd, Olmstead of the 26th and Coverdell of the 40th: A bill to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the parent and child relationship generally, so as to regulate surrogate parenting and the rights, responsibilities, and agreements relating thereto.
SB 571. By Senators Bowen of the 13th, Timmons of the llth and Ray of the 19th: A bill to amend Code Section 10-4-20 of the Official Code of Georgia Annotated, relating to the essential terms of warehouse receipts under the "Georgia State Warehouse Act," so as to authorize computer signatures on warehouse receipts; to provide an effective date.
SB 585. By Senator Peevy of the 48th: A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses,

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so as to provide that any person who gives a false name, address, date of birth, or social security number to a law enforcement officer in the lawful discharge of his official duties with the intent of misleading the officer as to his identity is guilty of a misdemeanor.
SB 586. By Senator Peevy of the 48th:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Anno tated, relating to exemptions from certain provisions of law relating to carrying or possessing firearms, so as to provide that such provisions shall not apply to or affect off-duty peace officers.
SB 587. By Senator Peevy of the 48th:
A bill to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of roadways, overtaking, and passing, so as to provide that it shall be unlawful for any vehicle to be driven a distance of 300 feet or more in the designated turning-only lane on any roadway.
SB 602. By Senators Burton of the 5th, Tysinger of the 41st, Howard of the 42nd and others:
A bill to amend Code Section 15-12-11 of the Official Code of Georgia Annotated, relating to appointment of jury clerks and other personnel in counties having populations in excess of a certain amount, so as to change the population level at which such Code section applies; to provide for related matters; to provide an effective date.
SB 605. By Senator Edge of the 28th:
A bill to amend Code Section 52-7-8 of the Official Code of Georgia Annotated, relating to classification of vessels and required equipment, so as to require that flotation devices be worn at all times by occupants of certain vessels; to provide for all related matters.
SB 614. By Senator Timmons of the llth:
A bill to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized in criminal cases, so as to change the provisions relating to the disposition of weapons used in the commis sion of crimes; to provide for procedures.
HB 228. By Representative Hamilton of the 124th:
A bill to amend Code Section 35-3-80 of the Official Code of Georgia Annotated, relating to definitions relative to the Missing Children Information Center, so as to change the age used in defining a missing child.
HB 1163. By Representative Pannell of the 122nd:
A bill to amend Article 2 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to costs, compensation, and liabilities of guardians and sure ties, so as to authorize certain additional commissions to guardians and trustees.
HB 1201. By Representatives Ramsey of the 3rd, Steinberg of the 46th, Buck of the 95th and Lee of the 72nd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to require annual training of peace officers.

WEDNESDAY, FEBRUARY 10, 1988

653

HB 1202. By Representative Ramsey of the 3rd:
A bill to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, known as the "Peace Officer and Prosecutor Training Fund Act of 1983," so as to provide that the additional penalty in certain criminal and traffic cases and upon violation of bond shall be applicable to the magistrate courts.

HB 1209. By Representatives Reaves of the 147th, Moore of the 139th, Balkcom of the 140th and others:
A bill to amend Chapter 50 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Veterinary Practice Act," so as to change the definition of a certain term; to change the provisions relating to applications for licenses.

HB 1266. By Representatives Reaves of the 147th, Balkcom of the 140th, Oliver of the 121st and others:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to provide for the detention and condemnation of tobacco treated with certain pesticides or containing certain residues of pesticides or other substances.

HB 1273. By Representatives Rainey of the 135th, Moody of the 153rd, Twiggs of the 4th and others:
A bill to amend Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to provide for the regulation of dangerous dogs.

HB 1427. By Representatives Thomas of the 69th, Simpson of the 70th and Shephard of the 71st:
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 Carroll County of the Coweta Judicial Circuit.

HB 1443. By Representatives Rainey of the 135th, Mangum of the 57th, Cummings of the 17th, Peters of the 2nd, Moore of the 139th and others:
A bill to amend Code Section 40-6-160 of the Official Code of Georgia Annotated, relating to speed limits for school buses, so as to provide for a speed limit when school children are being transported to or from an event or school activity and children are not being loaded or unloaded during such transportation.

HB 1469. By Representative Jackson of the 9th:
A bill to amend Code Section 40-14-4 of the Official Code of Georgia Annotated, relating to compliance with federal rules and speed detection devices, so as to change the requirement for technicians who test speed detection devices.

HB 1471. By Representative Jackson of the 9th:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to provide for the disposition of mo tor vehicles and parts which cannot be identified.

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

Albert Allgood Baldwin Barnes

Bowen Brannon Bryant Burton

Coleman Coverdell Crumbley Dawkins

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JOURNAL OF THE SENATE

Deal Dean Echols
Edge Eng"'sh
F^F.omnsgctreh,aremr (jillis Harris Harrison Hudgins Huggins

Johnson Kennedy Kidd
Land Langford
MM,.ccGKT .ielnl zie Newbill Olmstead Peevy Perry Phillips

Ragan of 32nd Ray Scott of 2nd
Shumake Starr
S,,Ttautme baugh Taylor Timmons Turner Tysinger Walker

Those not answering were Senators:

Barker Broun (excused) Garner

Hine Howard

Ragan of 10th Scott of 36th

Senator Land of the 16th introduced the chaplain of the day, Reverend Jimmy Cook, pastor of Morningside Baptist Church, Columbus, Georgia, who offered scripture reading and prayer.

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

SR 368. By Senator Kidd of the 25th: A resolution commending the Belk Matthews Company.

SR 371. By Senators Taylor of the 12th, Walker of the 43rd, Howard of the 42nd and others:
A resolution commending Sandy Ann White, 1987 Georgia Occupational Award of Leadership (GOAL) recipient.

SR 372. By Senator Edge of the 28th: A resolution commending Mr. Kim Stephens.

SR 373. By Senator Edge of the 28th:
A resolution congratulating Dundee Mills, Inc., on the occasion of its one hun dredth anniversary.

SR 374. By Senators Howard of the 42nd and Barker of the 18th: A resolution commending Georgia Public Television and "Arrive Alive Georgia".

HR 764. By Representatives Johnson of the 123rd, Cox of the 141st, Reaves of the 147th and others:
A resolution relative to the "Good Eating in Georgia" menu.

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:

WEDNESDAY, FEBRUARY 10, 1988

655

SENATE LOCAL CONSENT CALENDAR
Wednesday, February 10, 1988 TWENTY-SECOND LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 1551 Timmons, llth Mitchell County
Changes the provisions relating to the compensation of the judge and solici tor of State Court.

HB 1556 Dawkins, 45th Rockdale County
Increases the amount of homestead exemption from county ad valorem taxes and Rockdale County School District ad valorem taxes, except taxes levied to pay interest on and to retire bonded indebtedness, which applies to the homestead of each resident of Rockdale County actually occupied by the owner as a residence and homestead.

HB 1595 Baldwin, 29th Harris County
Changes compensation and expenses of the chairman and other members of the Board of Commissioners.

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 Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Fincher Foster Gillis Harris Harrison Hine Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Brannon Broun (excused) Coleman

Engram Garner Howard

Shumake Walker

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JOURNAL OF THE SENATE

On the passage of all the local bills, the yeas were 48, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.
SENATE RULES CALENDAR
Wednesday, February 10, 1988
TWENTY-SECOND LEGISLATIVE DAY
SR 274 Innocent Victims of Crime--compensate (Approp--33rd) SR 329 Governmental Organization Study Committee--create (Gov Op--50th) SR 333 Senate Fraudulent Check Study Committee--create (B&F--15th) HB 1239 Medical Assistance Commissioner--may reverse certain recommendations
(Hum R--33rd) HB 1276 Local Boards of Education--vary length of school years (Amendments)
(Ed--50th) HB 1298 Certain Superior Court Clerks' Offices--hours of operation (Substitute)
(Gov Op--25th) HB 1345 Financial Institution--frequency of board meetings (B&F--15th) SB 595 Educators Transferring to Central State Hospital--salary adjustment (Substi
tute) (Gov Op--25th) HB 106 Legislative Retirement System--credit for certain prior General Assembly ser
vice (Ret--53rd) HB 775 Oil, Hazardous Material Spill--require reporting (Substitute) (Nat R--21st) HB 912 Commercial Fishing Violations--bonds and recovery on bonds (Nat R--3rd) HB 1139 Fishing with Bow and Arrow--authorize nongame fish at night with light
(Nat R--22nd) HB 1203 Imitation Controlled Substance--unlawful (Judy--42nd) HB 1244 Honorary Fishing License for Blind--reciprocity, adjoining states (Nat R--8th) SB 533 Alternative Tax Deferral for Elderly--counties over 550,000 (B&F--40th)
Respectfully submitted, /s/ Dean of the 31st, Chairman
Senate Rules Committee
The following bills of the House were taken up for the purpose of considering the House action thereon:
HB 1267. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd and others: A bill to amend an Act providing for appropriations for the State Fiscal Year 1987-1988 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1987-1988.
Senator Starr of the 44th moved that the Senate insist upon the Senate substitute to HB 1267.

WEDNESDAY, FEBRUARY 10, 1988

657

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1267.
HB 743. By Representatives Watson of the 114th and Robinson of the 58th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions concerning public utilities and public transportation, so as to change certain provisions relating to the definition of the term "motor com mon carrier and motor contract carrier".
Senator Scott of the 2nd moved that the Senate insist upon the Senate substitute to HB 743.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 743.
The following general resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:
SR 274. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for compensating innocent victims of crime; to authorize the General As sembly to allocate certain funds, to appropriate funds, to provide for a continuing fund, or to provide for any combination thereof for the purpose of compensating innocent victims of crime and for the administration of any laws enacted for such purpose; to redesignate cer tain provisions of the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section VI of the Constitution is amended by striking Paragraph VI in its entirety and inserting in lieu thereof a new Paragraph VI to read as follows:
"Paragraph VI. Gratuities, (a) Except as otherwise provided in the Constitution, (1) the General Assembly shall not have the power to grant any donation or gratuity or to forgive any debt or obligation owing to the public, and (2) the General Assembly shall not grant or authorize extra compensation to any public officer, agent, or contractor after the service has been rendered or the contract entered into.
(b) All laws heretofore adopted under Article III, Section VIII, Paragraph XII of the Constitution of 1976 in force and effect on June 30, 1983, shall continue in force and effect and may be amended if such amendments are consistent with the authority granted to the General Assembly by such provisions of said Constitution.
(c) The General Assembly may provide by law and may expend or authorize the expen diture of public funds for a health insurance plan or program for persons and the spouses and dependent children of persons who are retired former employees of public schools or public school systems of this state.
(d) The General Assembly may provide by law for indemnification with respect to pub licly employed emergency medical technicians who are or have been killed or permanently disabled in the line of duty on or after January 1, 1987.
(e) The General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any law enforcement officer, fireman, prison guard, or publicly employed emergency medical technician who is or at any time in the past was killed or permanently disabled in the line of duty. Funds shall be appropriated as nec essary for payment of such indemnification or for the purchase of insurance for such indem nification or both.

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(f) The General Assembly is authorized to provide by law for compensating innocent victims of crimes which occur on and after July 1, 1989. The General Assembly is authorized to define the types of victims eligible to receive compensation and to vary the amounts of compensation according to need. The General Assembly shall be authorized to allocate cer tain funds, to appropriate funds, to provide for a continuing fund, or to provide for any combination thereof for the purpose of compensating innocent victims of crime and for the administration of any laws enacted for such purpose."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to authorize the General Assembly to provide by law for compensating innocent victims of crime and to authorize the General Assembly to allocate certain funds, to appropriate funds, to provide for a continuing fund, or to provide for any combination thereof for such purpose?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes
Bowen Brannon
B/yf* CCoouvlreteomrndaenll Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Gillis Harris
Harrison Hine
Howard HH.,uugdggmi. nss Johnson Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry
Phillips Ragan of 32nd
Ray SS,,,ctaortrt of 2nd Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Baldwin Broun (excused) Crumbley

Garner Ragan of 10th

Scott of 36th Shumake

WEDNESDAY, FEBRUARY 10, 1988

659

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

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

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

SR 329. By Senators Foster of the 50th, Coverdell of the 40th, Deal of the 49th and Harrison of the 37th:
A resolution creating the Governmental Organization Study Committee.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Brannon Bryant Burton Coleman Coverdell Dflwkins Deal Dean Echols Edge English Engram Fincher

Foster Gillis Harris Harrison Mine Howard Huggins Kennedy Kidd Land Langford McGill Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Bowen Broun (excused)

Crumbley Garner Hudgins

Johnson McKenzie Shumake

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

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

SR 333. By Senators Hudgins of the 15th, Johnson of the 47th, Dawkins of the 45th and others:
A resolution creating the Senate Fraudulent Check Study Committee.

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

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barnes Bowen
rvant CCouruvrmteorbndleel,y,l Dawkins j)eal Dean Echols Edge English Engram

Fincher Foster Gillis
Harris Harrison
Howard H,,Huugdggmi. nss Kennedy Kidd Land Langford McGill Newbill Olmstead

Peevy Perry Phillips
Ragan of 32nd Ray
Scott of 2nd SS,,,hcoutmt aok.fe36th Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Broun (excused) Coleman

Garner Hine Johnson

McKenzie Ragan of 10th Timmons

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

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

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

HB 1239. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Childers of the 15th:
A bill to amend Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals by the Board of Medical Assis tance, so as to authorize the commissioner of medical assistance to remand, re verse, or modify the final administrative recommendations of his appointees in hearings for recipients; to unify and clarify the appeals procedures for applicants for and recipients of medical assistance.
Senate Sponsor: Senator Barnes of the 33rd.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen

Bryant Burton Coverdell Crumbley Dawkins

Deal Dean Echols Edge English

WEDNESDAY, FEBRUARY 10, 1988

661

Engram Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson

Kennedy Kidd Land McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th

Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Broun (excused)

Coleman Garner Langford

Taylor Timmons

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

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

HB 1276. By Representatives Dover of the llth and Murphy of the 18th:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to authorize local boards of edu cation to vary the length of school years under certain circumstances.
Senate Sponsor: Senator Foster of the 50th.

The Senate Committee on Education offered the following amendment:
Amend HB 1276 by striking the date "1990" on line 1 of page 3 and inserting in its place the date "1989".

On the adoption of the amendment, the yeas were 2, nays 31, and the amendment was lost.

Senators Foster of the 50th and Barnes of the 33rd offered the following amendment:
Amend HB 1276 by striking the date "1990" on line 1 of page 3 and inserting in its place the date "1988".

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

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to 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 Barnes Bowen Brannon Bryant

Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster

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JOURNAL OF THE SENATE

Harrison Hine Howard
Kennedy Kidd Land

Langford McKenzie Newbill
Olmstead Peevy
Perry Phillips Ragan of 32nd

Scott of 2nd Scott of 36th Shumake
Tate Taylor
Timmons Turner Tysinger

Those voting in the negative were Senators:

Albert Burton McGill

Ray Starr

Stumbaugh Walker

Those not voting were Senators:

Barker Broun (excused)

Garner Gillis

Harris Ragan of 10th

On the passage of the bill, the yeas were 43, nays 7.

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

Senator Bowen of the 13th introduced the Worth County High School "Rams" football team and coaching staff, who were commended by SR 344, adopted previously.

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

HB 1298. By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 15-6-93 of the Official Code of Georgia Annotated, relating to hours of operation for superior court clerks' offices, so as to exempt from the application of this Code section counties having a population of fewer than 10,000 persons according to the United States decennial census of 1980 or any future such census.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following substitute to HB 1298:

A BILL
To be entitled an Act to amend Code Section 15-6-93 of the Official Code of Georgia Annotated, relating to hours of operation for superior court clerks' offices, so as to exempt from the application of this Code section counties having a population of fewer than 25,000 persons according to the United States decennial census of 1980 or any future such census; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-6-93 of the Official Code of Georgia Annotated, relating to hours of operation for superior court clerks' offices, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) This Code section shall not apply to the office of a clerk of a superior court located

WEDNESDAY, FEBRUARY 10, 1988

663

in any county of this state having a population of fewer than 25,000 persons according to the United States decennial census of 1980 or any future such census."
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 Dawkins of the 45th offered the following amendment:
Amend the substitute to HB 1298 offered by the Senate Committee on Governmental Operations by deleting "25,000" on line 17 and adding "60,000" in lieu thereof.

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

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

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols English

Engram
Fincher Foster Gillis Harris Mine Howard Hudgins Huggins Kennedy Kidd Land
Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Taylor Timmons
Turner Tysinger Walker

Those not voting were Senators:

Albert Broun (excused) Edge

Garner Harrison Johnson

Scott of 2nd Shumake

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

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

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JOURNAL OF THE SENATE

HB 1345. By Representative Pinkston of the 100th:
A bill to amend Code Section 7-1-483 of the Official Code of Georgia Annotated, relating to meetings of boards of directors, quorum, committees, and acting with out meeting, so as to authorize the department to reduce the frequency of re quired meetings of the board of directors.
Senate Sponsor: Senator Hudgins of the 15th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols English

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

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Timmons Turner Tysinger

Those not voting were Senators:

Bowen Broun (excused) Edge

Fincher Garner Shumake

Tate Taylor Walker

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

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

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

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

HB 1241. By Representatives Twiggs of the 4th, Banner of the 131st, Coleman of the 118th and Ramsey of the 3rd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to provide for the appointment of an executive director of the Georgia Peace Officer Standards and Training Council.

WEDNESDAY, FEBRUARY 10, 1988

665

Senator Timmons of the llth moved that the Senate insist upon the Senate amend ment to HB 1241.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1241.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 595. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to authorize compensatory salary ad justments to those former educators of a local board of education who trans ferred employment to Central State Hospital; to authorize transfer of sick leave accumulated in the former employment with a local board of education.
The Senate Committee on Governmental Operations offered the following substitute to SB 595:
A BILL
To be entitled an Act to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to authorize compensatory salary ad justments to those former educators of a local board of education who transferred employ ment to Central State Hospital; to authorize transfer of sick leave accumulated in the for mer employment with a local board of education; to provide that years of former employment with a local board of education shall be counted in a certain manner in order to determine the number of annual leave days authorized to be accrued with respect to certain employees in the employ of Central State Hospital; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, is amended by adding at the end thereof a new Article 5 to read as follows:
"ARTICLE 5
45-20-90. Any teacher who had been continuously employed by a local board of educa tion for at least two school years and who, on July 1, 1987, without any break in employ ment, became employed by Central State Hospital, shall on July 1, 1988:
(1) Be paid 115 percent of the amount specified for the type certificate held on the appropriate Georgia teacher salary schedule with appropriate adjustments for the merit class of 'education supervisor' and 'education principal';
(2) Be granted an amount of initial accrued sick leave; provided, however, that the amount granted does not exceed the amount of sick leave accrued in former employment with a local board of education; provided, further, that the amount of sick leave does not exceed the amount of sick leave which would have been accrued in the employment of Cen tral State Hospital; and
(3) Accrue annual leave as provided by the rules and regulations of the State Personnel Board. For the purpose of determining the number of accrued annual leave days authorized by the rules and regulations of the State Personnel Board, years of experience in the em ployment of a local school board shall be counted as years of experience in the employment of Central State Hospital."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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Senator Kidd of the 25th offered the following substitute to SB 595:
A BILL
To be entitled an Act to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to authorize compensatory salary ad justments to those former educators of a local board of education who transferred employ ment to Central State Hospital; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, is amended by adding at the end thereof a new Article 5 to read as follows:
"ARTICLE 5
45-20-90. Any teacher who had been continuously employed by a local board of educa tion for at least two school years and who, on July 1, 1987, without any break in employ ment, became employed by Central State Hospital, shall on July 1, 1988 be paid 108.5 per cent of the amount specified for the type certificate held on the appropriate Georgia teacher salary schedule with appropriate adjustments for the state merit system class of 'education supervisor' and 'education principal.' "
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute to SB 595 offered by the Senate Committee on Gov ernmental Operations, the yeas were 3, nays 32, and the substitute was lost.
On the adoption of the substitute to SB 595 offered by Senator Kidd of the 25th, the yeas were 30, nays 0, and the substitute was adopted.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of the substitute and bill would be sus pended and placed on the Senate General Calendar.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Hine of the 52nd moved that the Senate insist upon the Senate substitute to HB 713.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 713.
The following general bill of the House, having been read the third time and lost on February 8, and reconsidered on February 9, was put upon its passage:
HB 106. By Representatives Reaves of the 147th and Bostick of the 138th: A bill to amend Code Section 47-6-70 of the Official Code of Georgia Annotated, relating to creditable service under the Georgia Legislative Retirement System,

WEDNESDAY, FEBRUARY 10, 1988

667

so as to authorize creditable service for certain prior service as a member of the General Assembly.
Senate Sponsor: Senator Muggins of the 53rd.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Brannon
Dawkms
j-. Echols English Fincher Foster Gillis

Harris Mine Hudgins Huggins
Johnson
Kidd Langford McGill McKenzie Olmstead Peevy

Perry Ragan of 10th Ray Scott of 2nd
Scott of 36th
Shumake Starr Tate Taylor Turner Walker

Those voting in the negative were Senators:

Albert Barker Burton Coverdell

Crumbley Engram Land Newbill

Phillips Ragan of 32nd Stumbaugh Ty singer

Those not voting were Senators:

Bowen Broun (excused) Bryant Coleman

Edge Garner Harrison

Howard Kennedy (presiding) Timmons

On the passage of the bill, the yeas were 34, nays 12.

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 adheres to its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference to confer with a like committee on the part of the Sen ate on the following bill of the House:

HB 1267. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others:
A bill to amend an Act providing for appropriations for the State Fiscal Year 1987-1988 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1987-1988.

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The Speaker has appointed on the part of the House, Representatives Walker of the 115th, McDonald of the 12th and Coleman of the 118th.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 775. By Representative Ramsey of the 3rd: A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to require persons to report the spill or release of certain quantities of oil or hazardous material.
Senate Sponsor: Senator English of the 21st.
The Senate Committee on Natural Resources offered the following substitute to HB 775:
A BILL
To be entitled an Act to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to require persons to report the spill or release of oil or hazardous material; to define certain terms; to provide that other govern mental agencies shall be notified of spills or releases of oil or hazardous materials; to provide for proceedings before the director of the Environmental Protection Division of the Depart ment of Natural Resources; to provide for enforcement; to provide civil penalties; to provide procedures for imposing penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by adding at the end thereof a new Chapter 13 to read as follows:
"CHAPTER 13
12-13-1. As used in this chapter, the term:
(1) 'Board' means the Board of Natural Resources of the State of Georgia.
(2) 'Director' means the director of the Environmental Protection Division of the De partment of Natural Resources.
(3) 'Division' means the Environmental Protection Division of the Department of Natu ral Resources.
(4) 'Hazardous material' means any material or substance in a liquid, solid, or gaseous form which is:
(A) Toxic or poisonous to human, plant, or animal life;
(B) Caustic or acidic;
(C) Flammable or combustible;
(D) Explosive or reactive; or
(E) Hazardous waste.
(5) 'Oil' includes but is not limited to gasoline, crude oil, fuel oil, diesel oil, lubricating oil, sludge, oil refuse, oil mixed with wastes, and any other petroleum related product.
(6) 'Person' includes an individual, trust, firm, joint-stock company, corporation, part nership, association, county, municipal corporation, political subdivision, interstate body, the state and any agency or authority thereof, and the federal government and any agency thereof.
(7) 'Spill or release' means the discharge, deposit, injection, dumping, spilling, emitting,

WEDNESDAY, FEBRUARY 10, 1988

669

releasing, leaking, or placing of any hazardous material into the air or into or on any land or water of the state, except from an underground storage tank and all plumbing and piping relating thereto or except high-level or low-level radioactive waste from a federally licensed nuclear facility or as authorized by state or federal law or a permit from the division. This term shall also mean the discharge of oil into waters of this state which will cause a signifi cant film or sheen upon or discoloration of the surface of such waters or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of such waters or upon adjoining shorelines. Accidental discharges of oil made by an individual during maintenance of that individual's personal vehicle or farm machinery shall be exempt.
12-13-2. Oil or hazardous material spilled or released shall be reported under Code Sec tion 12-13-3. The board is authorized to promulgate rules and regulations necessary for the enforcement of this chapter.
12-13-3. (a) Any person owning or having control over any oil or hazardous material who has knowledge of a spill or release shall immediately notify the division through the Department of Natural Resources Emergency Operations Center as soon as that person knows of the spill or release.
(b) The division shall develop procedures to provide notice to other state, federal, or local governmental agencies.
12-13-4. (a) Any person knowingly violating any provision of this chapter or rules or regulations established pursuant to this chapter shall be liable for a civil penalty of not more than $1,000.00 per day. Each day during which the violation continues may be consid ered a separate violation.
(b) Whenever the director has probable cause to believe that a violation of any provi sion of this chapter, a violation of any rule or regulation of the board, or a violation of any order of the director has occurred, he may attempt to remedy the same by conference, con ciliation, and persuasion. In the case of failure of such conference, conciliation, or persua sion to correct or remedy any violation, the director may issue an order directed to such violator or violators. The order shall specify the provisions of the chapter, the rules and regulations, or the order alleged to have been violated and the director may direct that necessary corrective action be taken within a reasonable time to be prescribed in the order. Any order issued by the director under this subsection shall be signed by the director. Any such order shall become final unless the person or persons named therein request in writing a hearing which shall be conducted in accordance with Code Section 12-2-2.
(c) Whenever the director has probable cause to believe that any person has violated any provision of this chapter or any rules or regulations adopted pursuant to this chapter, he may, upon written request, cause a hearing to be conducted before a hearing officer ap pointed by the board. Upon a finding that such person has violated any provisions of this chapter or any rule or regulation adopted pursuant to this chapter, the hearing officer shall issue his initial decision imposing civil penalties as provided in subsection (a) of this Code section. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with Code Section 12-2-2.
(d) In rendering a decision under subsection (c) of this Code section imposing civil pen alties, the hearing officer shall consider all factors which are relevant, including, but not limited to, the following:
(1) The amount of assessment necessary to ensure immediate and continued compliance and the extent to which the violator may have profited by failing or delaying compliance;
(2) The character and degree of impact of the violation on the natural resources of the state, especially any rare or unique natural phenomena;
(3) The conduct of the person incurring the civil penalty in taking all feasible steps or procedures necessary or appropriate to correct the violation;
(4) Any prior violations by such person, or failures by such person to comply with, statutes or regulations;

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(5) The character and degree of injury to, or interference with, public health, safety, or welfare which is caused or threatened to be caused by such violation; and
(6) The character and degree of injury to, or interference with, reasonable use of prop erty which is caused by such violation.
(e) All civil penalties recovered by the director as provided in this Code section shall be paid into the state treasury to the credit of the general fund."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Edge English Engram

Fincher Foster Gillis Harris Hine Howard Hudgins Huggins Johnson Kidd Langford McKenzie Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Voting in the negative were Senators Echols and Shumake.

Those not voting were Senators:

Bowen Brannon Broun (excused)

Garner Harrison Kennedy (presiding)

Land McGill

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 President resumed the Chair.

WEDNESDAY, FEBRUARY 10, 1988

671

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

HB 1267. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd and others:
A bill to amend an Act providing for appropriations for the State Fiscal Year 1987-1988 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1987-1988.

Senator Starr of the 44th moved that the Senate adhere to the Senate substitute to HB 1267, 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 1267.

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

Senators Starr of the 44th, Kennedy of the 4th and Allgood of the 22nd.

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 912. By Representatives Smith of the 156th, Langford of the 7th, Dover of the llth and others:
A bill to amend Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to seafood and taking seafood under the "Game and Fish Code", so as to change the provisions relating to bonds and recovery on bonds for certain commercial fishing violations; to provide that certain unlawful commer cial shrimping shall be a misdemeanor of a high and aggravated nature and to provide certain minimum punishment therefor.
Senate Sponsor: Senator Bryant of the 3rd.

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

On the passage of the 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 Gillis Harris Hine Hudgins Huggins Johnson Kidd

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JOURNAL OF THE SENATE

Land Langford McGill McKenzie Newbill Olmstead
Peevy

Perry Phillips Ragan of 32nd Ray Scott of 36th Shumake
Starr

Those not voting were Senators:

Stumbaugh Taylor Timmons
l urner Tysinger Walker

Brannon Broun (excused) Garner

Harrison Howard Kennedy (presiding)

Ragan of 10th Scott of 2nd Tate

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

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

HB 1139. By Representatives Harris of the 84th, Jackson of the 83rd, Dover of the llth and others:
A bill to amend Code Section 27-4-34 of the Official Code of Georgia Annotated, relating to fishing with a bow and arrow, so as to authorize nongame fish to be taken by bow and arrow at night by the use of a light.
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 Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Fincher Foster Gillis Harris Hine Howard Huggins Johnson Kidd Land McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

WEDNESDAY, FEBRUARY 10, 1988

673

Those not voting were Senators:

Broun (excused) Engram Garner

Harrison Hudgins Kennedy (presiding)

Langford Tate

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

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

HB 1203. By Representative Ramsey of the 3rd:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to make it unlawful for any person knowingly to manufacture, distribute, or possess with intent to distribute an imitation controlled substance.
Senate Sponsor: Senator Howard of the 42nd.

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

On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Fincher Foster Gillis Harris Hine Howard Hudgins Huggins Johnson Kidd Land McGill Newbill Olmstead

Those not voting were Senators:

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Broun (excused) Engram Garner

Harrison Kennedy (presiding) Langford

McKenzie Taylor

On the passage of the bill, the yeas were 48, 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:

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JOURNAL OF THE SENATE

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

HR 779. By Representative Murphy of the 18th: A resolution designating February 11, 1988, as "Senior Georgians' Day".
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1244. By Representatives Cox of the 141st, Bargeron of the 108th, Greene of the 130th and Lord of the 107th:
A bill to amend Part 2 of Article 5 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fishing license reciprocity with other states, so as to provide for reciprocity with adjoining states for honorary fishing licenses is sued to blind persons.
Senate Sponsor: Senator Turner of the 8th.

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

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

Those voting in the affirmative were Senators:

Albert

Allgood

Baldwin

Barker

Barnes

Bowen



Brannon

Bryant

Burton

Coleman

Coverdell

Crumbley

Dawkins

Deal

Dean

Echols Edge English Fincher Foster Gillis Harris Hine Howard Huggins Johnson Kidd Land Newbill Olmstead

Peevy Perry Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Engram Garner Harrison

Hudgins Kennedy (presiding) Langford McGill

McKenzie Phillips Scott of 2nd

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

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

The following general bill of the Senate, having been read the third time on February 9 and postponed until February 10, was put upon its passage:

SB 533. By Senator Coverdell of the 40th:
A bill to amend Part 2 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, known as the "Tax Deferral for the Elderly Act," so as to provide for an alternative tax deferral for the elderly in all counties of this state

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having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Fincher Foster Gillis Harris Hine Howard Hudgins Huggins Johnson Kidd Land Langford McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Tate Taylor Turner Walker

Those not voting were Senators:

Broun (excused) Coleman Engram Garner

Harrison Kennedy (presiding) McGill Scott of 2nd

Stumbaugh Timmons Tysinger

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

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

The President resumed the Chair.

The following resolution of the House was read and adopted:

HR 779. By Representative Murphy of the 18th: A resolution designating February 11, 1988, as "Senior Georgians' Day".

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 dated January 27, which is included in the Journal of January 29.

The President announced that the reading of the appointments would be dispensed with since they had been printed and distributed by the Secretary to each Senator and that one roll call would suffice on all appointments unless any Senator designated any appointee be deleted from the list and voted on individually.

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The Committee on Higher Education submitted the following report which was read by the Secretary:
The State Senate Atlanta, Georgia 30334
February 9, 1988
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 pointees to the Board of Regents of the University System of Georgia and voted unani mously to recommend to the Senate that the following appointees be confirmed:
The Honorable James E. Brown of Whitfield County as a member of the Board of Re gents of the University System of Georgia for a term of office beginning May 12, 1987 and ending January 1, 1994.
The Honorable Barry Phillips of Fulton County as a member of the Board of Regents of the University System of Georgia for a term of office beginning January 1, 1988 and ending January 1, 1995.
The Honorable Deen Day Smith of Fulton County as a member of the Board of Regents of the University System of Georgia for a term of office beginning January 1, 1988 and ending January 1, 1995.
Sincerely,
/s/ W. W. (Bill) Fincher, Jr. Chairman, Senate Higher Education Committee

No Senator requested that 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 B rannon
rvant SeTan Crumbley Dawkins Deal Dean Echols Edge English

Fincher Foster Gillis Harris
Harrison Hine Howard
Hudgins Muggins Johnso" Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry
Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th ^tarr Stumbaugh Tate Taylor Timmons Turner Tysinger

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677

Those not voting were Senators:

Broun (excused) Coverdell Engram

Garner Phillips

Shumake Walker

On the confirmation of the appointees, the yeas were 49, nays 0, and all of the appoin tees 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
February 10, 1988
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:
Nominations sent to the Senate by you on January 27, 1988, were acted upon by the Georgia State Senate in session on February 10, 1988, with the following results:
The following named persons as members of the Georgia Agricultural Exposition Au thority, for the term of office beginning September 23, 1987, and ending June 30, 1991: William R. Howard of Fulton County; and William A. Roquemore of Lanier County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed.
Honorable Walter C. Thomas of Fayette County as a member of the State Board of Barbers, for the term of office beginning December 29, 1987, and ending December 29, 1990. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
The following named persons as members of the Construction Industry Licensing Board, Division of Electrical Contractors, for the term of office beginning August 24, 1987, and ending June 30, 1991: Riley T. Stephens of Gwinnett County; Charles T. Burdette of Bibb County; Morris Edwin Harrison, Sr., of Gwinnett County; and James C. Boone of Gwinnett County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed.
The following named persons as members of the Construction Industry Licensing Board, Division of Master Plumbers and Journeyman Plumbers, for the term of office begin ning August 24, 1987, and ending June 30, 1991: Paul J. Addis of Clayton County; Kenneth S. Aitken of Fayette County; Thomas C. Payne of Cobb County; and James J. Smith of Cobb County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed.
The following named persons as members of the Construction Industry Licensing Board, Division of Conditioned Air Contractors, for the term of office beginning August 24, 1987, and ending June 30, 1991: Fred Eugene Fowler of Whitfield County; Michael J. McDevitt of Chatham County; F. Edward Rhodes of Tift County; and Edwin L. Whatley of Spalding County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed.
The following named persons as members of the Construction Industry Licensing Board, Division of Low-voltage Contractors, for the term of office beginning August 24, 1987, and ending June 30, 1991: Michael A. Brewton of Gwinnett County; Carrie King Downs of Gwinnett County; Terry W. Lewis of Bartow County; Robert Van Stanford of

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Gwinnett County; and Hoyt L. Swaney of Clayton County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed.
The following named persons as members of the Construction Industry Licensing Board, Consumer Members, for the term of office beginning August 24, 1987, and ending June 30, 1991: Judy Hanenkrat of Fulton County; and Woodrow Walker, Jr., of DeKalb County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed.
Honorable Melvin J. Griffin of Fulton County as a member of the Construction Indus try Licensing Board, Division of Electrical Contractors, for the term of office beginning Sep tember 9, 1987, and ending June 30, 1991. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable James M. Swann of Rockdale County as a member of the Construction In dustry Licensing Board, Division of Master Plumbers and Journeyman Plumbers, for the term of office beginning September 9, 1987, and ending June 30, 1991. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable William T. Mann of Fulton County as a member of the Construction Indus try Licensing Board, Division of Conditioned Air Contractors, for the term of office begin ning September 9, 1987, and ending June 30, 1991. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Douglas J. Giorgio, Jr., of Chatham County as a member of the Georgia Board of Dentistry, for the term of office beginning November 20, 1987, and ending August 1, 1992. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Board of Examiners of Li censed Dietitians, for the term of office beginning September 11, 1987, and ending June 30, 1991: Lou J. Bennett, R.D., of Crisp County; Evelyn D. Brown of Fulton County; and Willie I. Griffin of Cobb County. The vote on this confirmation was yeas 49, nays 0, and the nomi nees were confirmed.
Honorable Glenn M. Morris of Richmond County as a member of the State Board of Dispensing Opticians, for the term of office beginning July 8, 1987, and ending March 16, 1990. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Betty Jean Gober of Cobb County as a member of the State Board of Dis pensing Opticians, for the term of office beginning July 8, 1987, and ending May 1, 1990. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Charles Richard Sanders, Sr., of Bibb County as a member of the State Board of Dispensing Opticians, for the term of office beginning July 8, 1987, and ending March 16, 1991. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Ronald George Cohn of Fulton County as a member of the Fair Employment Practices Board, for the term of office beginning March 30, 1987, and ending September 29, 1988. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
The following named persons as members of the Fair Employment Practices Board, for the term of office beginning March 30, 1987, and ending September 29, 1989: Maxine Goldstein of Baldwin County; Rebecca Gonzales of Gwinnett County. The vote on this confirma tion was yeas 49, nays 0, and the nominees were confirmed.
Honorable John F. Godbee, Jr., of Effingham County as a member of the Georgia Forest Research Council, for the term of office beginning September 2, 1987, and ending August 25, 1989. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable James I. Alfriend of McDuffie County as a member of the Georgia Forest Research Council, for the term of office beginning September 2, 1987, and ending August 25, 1993. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

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Honorable Kathryn H. Robie of Fulton County as a member of the Georgia Forest Re search Council, for the term of office beginning September 2, 1987, and ending August 25, 1994. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Walter B. Evans of Screven County as a member of the Georgia Forest Re search Council, for the term of office beginning December 2, 1987, and ending August 25, 1991. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Daniel Craig Earnest of Whitfield County as a member of the State Board of Registration for Foresters, for the term of office beginning September 3, 1987, and ending March 19, 1988. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Arthur Carter of Bartow County as a member of the State Board of Regis tration for Foresters, for the term of office beginning September 3, 1987, and ending June 30, 1990. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable William R. Lazenby of Hall County as a member of the State Board of Re gistration for Foresters, for the term of office beginning September 3, 1987, and ending March 16, 1991. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable William C. Humphries, Jr., of Twiggs County as a member of the State Board of Registration for Foresters, for the term of office beginning September 3, 1987, and ending March 19, 1992. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Gloria M. Shatto, Ph.D., of Floyd County as a member of the State Forestry Commission, for the term of office beginning January 1, 1988, and ending January 1, 1995. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Human Resources, for the term of office beginning April 14, 1987, and ending April 6, 1992: James K. Davis of Fulton County; Guy H. Davis, D.D.S., of Carroll County; Joseph V. Morrison, Jr., M.D., of Chat ham County; and Robert L. Carmichael of Macon County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed.
Honorable John S. LeGette of Grady County as a member of the Board of Industry and Trade, for the term of office beginning August 20, 1987, and ending July 1, 1988. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Industry and Trade, for the term of office beginning August 20, 1987, and ending July 1, 1991: William J. Gaston, Jr., of Cobb County; R. Alex Grindler of Bulloch County; and George C. Woodruff, Jr., of Muscogee County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed.
Honorable Thomas Cordy of Fulton County as a member of the Board of Industry and Trade, for the term of office beginning August 20, 1987, and ending July 1, 1992. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Joseph Hobbs, M.D., of Richmond County as a member of the Joint Board of Family Practice, for the term of office beginning December 31, 1986, and ending July 1, 1992. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Tandy Walter Treadwell, Jr., M.D., of Bibb County as a member of the Joint Board of Family Practice, for the term of office beginning April 6, 1987, and ending July 1, 1992. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
The following named persons as members of the Joint Board of Family Practice, for the term of office beginning November 10, 1987, and ending July 1, 1993: Garnett Fisher, D.O., of DeKalb County; and Al J. Mooney III, M.D., of Bulloch County. The vote on this confir mation was yeas 49, nays 0, and the nominees were confirmed.

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Honorable Mae Crews of Brantley County as a member of the Board of Examiners of Licensed Practical Nurses, for the term of office beginning July 13, 1987, and ending April 1, 1990. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Magistrate Courts Training Council, for the term of office beginning March 20, 1987, and ending August 7, 1988: LaVerne C. Ogletree of Morgan County; J.D. Bryant of Polk County; and Chester L. Gunby of Baldwin County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed.
Honorable Johnny Warren of Laurens County as a member of the Georgia Magistrate Courts Training Council, for the term of office beginning September 23, 1987, and ending August 7, 1989. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
The following named persons as members of the Council on Maternal and Infant Health, for the term of office beginning July 21, 1987, and ending July 1, 1990: Jean Vangieri Chadwick of Richmond County; James Stuart Levi, M.D., of Bibb County; Roberta McNeill Smith, M.D., of Chatham County; and William Robert Sexson, M.D., of DeKalb County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed.
Honorable Carol P. Motley, M.D., of Muscogee County as a member of the Council on Maternal and Infant Health, for the term of office beginning July 21, 1987, and ending Au gust 25, 1990. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable John Lanigan of Fulton County as a member of the Board of Natural Re sources, for the term of office beginning July 22, 1987, and ending March 16, 1994. The vote on this confirmation was yeas 49, 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 September 23, 1987, and ending September 23, 1990: Betty M. Golden of Richmond County; and Diane Young Goodrich of Glynn County. The vote on this confirma tion was yeas 49, nays 0, and the nominees were confirmed.
Honorable Patricia M. Gibson of Glynn County as a member of the Georgia Board of Nursing, for the term of office beginning December 8, 1987, and ending December 31, 1989. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Bettye O. Hutchings of Bibb County as a member of the State Board of Pardons and Paroles, for the term of office beginning December 31, 1987, and ending De cember 31, 1994. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Richad K. Babush of DeKalb County as a member of the State Personnel Board, for the term of office beginning January 3, 1988, and ending January 3, 1993. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Carl R. Frank, D.P.M., of Gwinnett County as a member of the State Board of Podiatry Examiners, for the term of office beginning April 3, 1987, and ending May 5, 1987. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Madison Tucker Brawner, D.P.M., of Chatham County as a member of the State Board of Podiatry Examiners, for the term of office beginning April 3, 1987, and end ing May 5, 1989. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Jerome F. Poeppelman, D.P.M., of DeKalb County as a member of the State Board of Podiatry Examiners, for the term of office beginning April 3, 1987, and ending May 5, 1988. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Bertha Thompson of Dougherty County as a member of the State Board of

WEDNESDAY, FEBRUARY 10, 1988

681

Podiatry Examiners, for the term of office beginning April 3, 1987, and ending July 1, 1988. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable F. Woodson Briscoe of Fulton County as a member of the State Board of Postsecondary Vocational Education, for the term of office beginning June 17, 1987, and ending June 30, 1990. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Louis W. Rice of DeKalb County as a member of the State Board of Postsecondary Vocational Education, for the term of office beginning December 3, 1987, and ending June 30, 1990. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Board of Private Detective and Security Agencies, for the term of office beginning December 8, 1987, and ending July 1, 1991: Thomas H. Rentz, Jr., of Newton County; and James E. Sims, Jr., of DeKalb County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed.
Honorable Franklin A. Toole of Richmond County as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for a term of office beginning July 7, 1987, and ending June 1, 1991. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable John Henry Sweitzer of Fulton County as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning July 7, 1987, and ending June 1, 1992. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Sherman R. Day, Ed.D., of Cobb County as a member of the Professional Standards Commission, for a term of office beginning August 26, 1987, and ending Novem ber 19, 1989. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Peter N. Mayfield, Ph.D., of Fulton County as a member of the Board of Examiners of Psychologists, for a term of office beginning May 14, 1987, and ending March 27, 1992. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable William J. Guice of Clayton County as a member of the Board of Public Safety, for a term of office beginning June 16, 1987, and ending January 20, 1990. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable J. D. Caswell of Gwinnett County as a member of the Georgia Real Estate Commission, for a term of office beginning June 8, 1987, and ending January 29, 1992. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Examiners for SpeechLanguage Pathology and Audiology, for a term of office beginning November 2, 1987, and ending July 1, 1990: Richard Warren Trullinger, Ph.D., of Richmond County; and Thomas Edward Wood, Jr., of Fulton County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed.
Honorable James E. Brown of Whitfield County as a member of the Board of Regents of the University System of Georgia, for a term of office beginning May 12, 1987, and ending January 1, 1994. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Regents of the University System of Georgia, for a term of office beginning January 1, 1988, and ending January 1, 1995: Barry Phillips of Fulton County; and Deen Day Smith of Fulton County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed.
Honorable R. Sherold Salmon, Sr., of Floyd County as a member of the State Board of Registration of Used Car Dealers, for a term of office beginning October 21, 1987, and end-

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ing May 20, 1992. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Examiners for Certifi cation of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for a term of office beginning December 3, 1987, and ending August 17, 1991: David Word of Fulton County; and Dr. Frederick G. Pohland of Fulton County. The vote on this confirma tion was yeas 49, nays 0, and the nominees were confirmed.
Honorable Claude A. Bray, Jr., of Meriwether County as a member of the State Board of Workers' Compensation, for a term of office beginning November 1, 1987, and ending May 1, 1989. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Don L. Knowles of Henry County as a member of the State Board of Work ers' Compensation, for a term of office beginning January 12, 1988, and ending January 12, 1992. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Sincerely,
/s/ Hamilton McWhorter, Jr. Secretary of the Senate
There was no one serving as doctor of the day today.
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 11:40 o'clock A.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Thursday, February 11, 1988 Twenty-third Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
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 1552. By Representative Royal of the 144th: A bill to amend an Act providing for a Board of Commissioners of Mitchell County, so as to provide how the members of the board of commissioners shall be elected; to provide for five single-member commissioner districts; to provide for staggered terms of office.
HB 1584. By Representatives Oliver of the 53rd, Steinberg of the 46th, Richardson of the 52nd, Williams of the 48th, Tolbert of the 58th and others: A bill to amend an Act creating the State Court of DeKalb County, so as to provide for the compensation of the judges of the state court.
HB 1585. By Representatives Oliver of the 53rd, Workman of the 51st, Steinberg of the 46th, Richardson of the 52nd, Williams of the 48th and others: A bill to amend an Act creating the State Court of DeKalb County, so as to provide for the appointment of deputy clerks; to provide for related matters.
HB 1651. By Representative Stancil of the 66th: A bill to amend an Act providing changes in the Magistrate Court of Morgan County, so as to increase the amount collected as law library fees in the magis trate court.
HB 1362. By Representative Cox of the 141st: A bill to amend Code Section 45-16-21 of the Official Code of Georgia Annotated, relating to definitions under the "Georgia Post-mortem Examination Act," so as to change the definition of the term "medical examiner".
HB 1577. By Representatives Waldrep of the 80th, Thomas of the 69th, Pannell of the 122nd and Chambless of the 133rd: A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, so as to change the provisions relating to influencing witnesses.

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HB 1413. By Representatives Pinkston of the 100th and Buford of the 103rd:
A bill to amend Code Section 50-20-3 of the Official Code of Georgia Annotated, relating to required reports and agreements by nonprofit contractors who engage in business with the state, so as to preclude duplication of audits; to require fi nancial statements to include revenues and expenditures in certain instances; to increase the reporting requirements so that the required audit must be submitted annually rather than biennially.
HB 1538. By Representatives Pettit of the 19th, Groover of the 99th and Thomas of the 69th:
A bill to amend Chapter 10 of Title 51 of the Official Code of Georgia Annotated, relating to injuries to personalty, so as to authorize the owner of personal prop erty to bring a civil action to recover damages from any person who willfully damages the owner's personal property or who commits a theft involving the owner's personal property.
HB 1382. By Representatives Alford of the 57th, Oliver of the 53rd, Richardson of the 52nd and Williams of the 48th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to authorize the tax commissioner of each county to require certain private per sons processing applications for motor vehicle registration to give annual per formance bonds.
HB 1407. By Representatives Steinberg of the 46th, Chambless of the 133rd, Buck of the 95th, Ramsey of the 3rd and Thomas of the 31st:
A bill to amend Code Section 17-4-20 of the Official Code of Georgia Annotated, relating to authorization of arrests with and without warrants generally, so as to change the provisions relating to arrests for acts of family violence and for offenses occurring between certain persons; to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the granting of relief by superior courts in cases of family violence, so as to change the definition of the term "family violence".
HB 1297. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Adminis trative Services, so as to change certain provisions relating to the provision of administrative services to local political subdivisions; to provide for a reserve fund to be used for the purchase of certain equipment.
HB 1536. By Representatives Robinson of the 96th and Porter of the 119th:
A bill to amend Article 2 of Chapter 5 of Title 13 of the Official Code of Georgia Annotated, relating to agreements required to be in writing, so as to provide that certain commitments to lend money, extend, renew or refinance credit, or forbear from collecting money lent be in writing.
HB 1509. By Representatives Oliver of the 53rd and Chambless of the 133rd:
A bill to amend Code Section 19-9-42 of the Official Code of Georgia Annotated, relating to definitions relating to child custody, so as to change the definition of custody proceedings to include adoption proceedings and to change the definition of state to include foreign countries.

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HB 1523. By Representative Jackson of the 9th:
A bill to amend Code Section 35-2-36 of the Official Code of Georgia Annotated, relating to the composition of the battalion of the Uniform Division of the De partment of Public Safety, so as to provide for process servers within the battalion.
SB 445. By Senator McKenzie of the 14th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Macon County during designated regis tration periods as provided in Code Section 41-2-20.1 of the Official Code of Georgia Annotated.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 725. By Representative Birdsong of the 104th:
A resolution designating the William H. Freeman Memorial Bridge.
HR 619. By Representatives Alford of the 57th, Athon of the 57th, Dobbs of the 74th, Carrell of the 65th, Mobley of the 64th and others.
A resolution creating the Big Haynes and Alcovy Watershed Protection Study Committee.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 418. By Senator Johnson of the 47th:
A bill to create a new board of commissioners of Hart County; to provide for five members of the board; to provide for elections; to provide for qualifications, terms, and elections procedures; to provide for commissioner districts; to provide for vacancies; to provide for oaths of office and surety bonds; to provide for the compensation of the chairman and members of the board.
The House has agreed to the Senate amendments to the following bills of the House:
HB 1196. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th:
A bill to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers and employees in gen eral, so as to provide that members of the General Assembly may be reimbursed from funds of the executive and judicial branches of state government for service upon advisory and investigative boards, committees, commissions, and other sim ilar entities of the executive and judicial branches.
HB 1421. By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th, Moultrie of the 93rd, Smyre of the 92nd and others:
A bill to amend the charter of the county-wide government of Columbus, Geor gia, and the Act ratifying, confirming, enacting, and incorporating said charter, so as to change the provisions relating to the Board of Tax Assessors for the consoli dated government.

JOURNAL OF THE SENATE
The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:
HB 1195. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th: A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change the compensa tion of the Lieutenant Governor; to restate the current salary now received by the Speaker of the House.
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 743. By Representatives Watson of the 114th and Robinson of the 58th: A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions concerning public utilities and public transportation, so as to change certain provisions relating to the definition of the term "motor com mon carrier and motor contract carrier".
The Speaker has appointed on the part of the House, Representatives Watson of the 114th, Pettit of the 119th and Kilgore of the 42nd.
The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 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.
The Speaker has appointed on the part of the House, Representatives Moultrie of the 93rd, Dunn of the 73rd and Thomas of the 69th.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 636. By Senator Hine of the 52nd: A bill to amend Code Section 43-30-5 of the Official Code of Georgia Annotated, relating to rules and regulations of the State Board of Examiners in Optometry, so as to change that board's authority regarding certain rules relating to advertis ing optometry services or merchandise.
Referred to Committee on Human Resources.
SB 637. By Senator Dean of the 31st: A bill to amend Article 8 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to the Georgia allocation system for bonds, so as to change the definition of an exempt facility bond; to provide the period during which notices of allocation of the rural area pool shall be available; to provide for the transfer of available state ceilings from any share or pool to the flexible pool.
Referred to Committee on Urban and County Affairs (General).

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SB 638. By Senators Deal of the 49th and Tate of the 38th: A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for grievance procedures for certificated personnel of local school systems; to provide a statement of purpose; to define a term; to provide minimum standards for grievance procedures implemented by local boards of education.
Referred to Committee on Education.
SR 376. By Senator Turner of the 8th:
A resolution designating the James G. Connell Bridge. Referred to Committee on Transportation.
SR 377. By Senators Foster of the 50th and Barnes of the 33rd: A resolution urging the State Board of Education to encourage uniform person nel procedures among the local boards of education.
Referred to Committee on Education.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 1297. By Representatives Colwell of the 4th and Foster of the 6th: A bill to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Adminis trative Services, so as to change certain provisions relating to the provision of administrative services to local political subdivisions; to provide for a reserve fund to be used for the purchase of certain equipment.
Referred to Committee on Governmental Operations.
HB 1362. By Representative Cox of the 141st: A bill to amend Code Section 45-16-21 of the Official Code of Georgia Annotated, relating to definitions under the "Georgia Post-mortem Examination Act," so as to change the definition of the term "medical examiner".
Referred to Committee on Human Resources.
HB 1382. By Representatives Alford of the 57th, Oliver of the 53rd, Richardson of the 52nd and Williams of the 48th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to authorize the tax commissioner of each county to require certain private per sons processing applications for motor vehicle registration to give annual per formance bonds. Referred to Committee on Urban and County Affairs (General).
HB 1407. By Representatives Steinberg of the 46th, Chambless of the 133rd, Buck of the 95th, Ramsey of the 3rd and Thomas of the 31st: A bill to amend Code Section 17-4-20 of the Official Code of Georgia Annotated, relating to authorization of arrests with and without warrants generally, so as to change the provisions relating to arrests for acts of family violence and for offenses occurring between certain persons; to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the granting of relief by superior courts in cases of family violence, so as to change the definition of the term "family violence".
Referred to Committee on Children and Youth.

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HB 1413. By Representatives Pinkston of the 100th and Buford of the 103rd:
A bill to amend Code Section 50-20-3 of the Official Code of Georgia Annotated, relating to required reports and agreements by nonprofit contractors who engage in business with the state, so as to preclude duplication of audits; to require fi nancial statements to include revenues and expenditures in certain instances; to increase the reporting requirements so that the required audit must be submitted annually rather than biennially.
Referred to Committee on Industry and Labor.
HB 1509. By Representatives Oliver of the 53rd and Chambless of the 133rd:
A bill to amend Code Section 19-9-42 of the Official Code of Georgia Annotated, relating to definitions relating to child custody, so as to change the definition of custody proceedings to include adoption proceedings and to change the definition of state to include foreign countries. Referred to Committee on Children and Youth.
HB 1523. By Representative Jackson of the 9th:
A bill to amend Code Section 35-2-36 of the Official Code of Georgia Annotated, relating to the composition of the battalion of the Uniform Division of the De partment of Public Safety, so as to provide for process servers within the battalion.
Referred to Committee on Public Safety.
HB 1536. By Representatives Robinson of the 96th and Porter of the 119th:
A bill to amend Article 2 of Chapter 5 of Title 13 of the Official Code of Georgia Annotated, relating to agreements required to be in writing, so as to provide that certain commitments to lend money, extend, renew or refinance credit, or forbear from collecting money lent be in writing. Referred to Committee on Banking and Finance.
HB 1538. By Representatives Pettit of the 19th, Groover of the 99th and Thomas of the 69th:
A bill to amend Chapter 10 of Title 51 of the Official Code of Georgia Annotated, relating to injuries to personalty, so as to authorize the owner of personal prop erty to bring a civil action to recover damages from any person who willfully damages the owner's personal property or who commits a theft involving the owner's personal property. Referred to Committee on Judiciary.
HB 1577. By Representatives Waldrep of the 80th, Thomas of the 69th, Pannell of the 122nd and Chambless of the 133rd:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, so as to change the provisions relating to influencing witnesses. Referred to Committee on Judiciary.
HR 619. By Representatives Alford of the 57th, Athon of the 57th, Dobbs of the 74th and others:
A resolution creating the Big Haynes and Alcovy Watershed Protection Study Committee. Referred to Committee on Natural Resources.

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HR 725. By Representative Birdsong of the 104th: A resolution designating the William H. Freeman Memorial Bridge.
Referred to Committee on Transportation.
HB 1552. By Representative Royal of the 144th: A bill to amend an Act providing for a Board of Commissioners of Mitchell County, so as to provide how the members of the board of commissioners shall be elected; to provide for five single-member commissioner districts; to provide for staggered terms of office.
Referred to Committee on Urban and County Affairs.
HB 1584. By Representatives Oliver of the 53rd, Steinberg of the 46th, Richardson of the 52nd and others: A bill to amend an Act creating the State Court of DeKalb County, so as to provide for the compensation of the judges of the state court.
Referred to Committee on Urban and County Affairs.
HB 1585. By Representatives Oliver of the 53rd, Workman of the 51st, Steinberg of the 46th and others: A bill to amend an Act creating the State Court of DeKalb County, so as to provide for the appointment of deputy clerks; to provide for related matters.
Referred to Committee on Urban and County Affairs.
HB 1651. By Representative Stancil of the 66th: A bill to amend an Act providing changes in the Magistrate Court of Morgan County, so as to increase the amount collected as law library fees in the magis trate court.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on 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 631. Do pass. Respectfully submitted, Senator Bryant of the 3rd District, Chairman
Mr. President:
The Committee on Human Resources had has under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1169. Do pass by substitute. Respectfully submitted, Senator Howard of the 42nd District, Chairman

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Mr. President:

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

SB 510. SB 616. SB 620. HB 1325.

Do pass by substitute. Do pass. Do pass. Do pass.

HB 1467. Do pass. HB 1530. Do pass by substitute. HB 1459. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 34. Do pass as amended. HB 1440. Do pass as amended.
Respectfully submitted,
Senator Gillis of the 20th 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 you with the following recommendations:

SB 607. Do pass. SB 623. Do pass.

HB 1532. Do pass. HB 1533. Do pass by substitute.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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

SB 410. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-8 of the Official Code of Georgia Annotated, relating to procedure for adverse action against permanent status employees gen erally under the merit system, so as to provide that a permanent status employee shall not be dismissed from employment or otherwise adversely affected as to compensation or employment status for refusing to take a polygraph examination.

SB 442. By Senators Barker of the 18th and Coleman of the 1st:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to change certain provisions relating to ascertainment of the owners of certain motor vehicles; to prohibit the creation of certain liens; to provide for criminal penalties.

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SB 505. By Senator Kidd of the 25th: 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 Georgia College.
SB 511. By Senator Burton of the 5th: A bill to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to make it unlawful to possess, manufacture, sell, or distribute false identification documents; to provide definitions; to provide penalties.
SB 529. By Senators Gillis of the 20th, Ray of the 19th, English of the 21st and Kennedy of the 4th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to delete certain provisions designating certain practices concerning promotional giveaways or contests as unlawful, unfair, or deceptive acts or practices; to pro vide for definitions.
SB 532. By Senator Coverdell of the 40th: A bill to amend Code Section 31-3-2.1 of the Official Code of Georgia Annotated, relating to county boards and departments of health in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, so as to change the provisions relating to health insurance benefits for employees of such county boards or departments of health.
SB 551. By Senators Land of the 16th and Hudgins of the 15th: A bill to amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, so as to change the bag limit for deer; to provide for the hunting of antlerless deer; to provide an effective date.
SB 554. By Senator Baldwin of the 29th:
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 LaGrange College.
SB 555. By Senator Baldwin of the 29th: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate merchants who sell personal prop erty in flea markets; to define certain terms; to require licenses; to provide excep tions; to provide for license fees; to require flea market merchants to maintain permanent records of goods purchased for purposes of resale.
SB 574. By Senator Engram of the 34th: A bill to amend Part 2 of Article 10 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to define certain terms; to change the prescribed color of handicapped parking permits.
SB 578. By Senators Hudgins of the 15th and Land of the 16th: A bill to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of motor vehicle liability insurance policies,

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so as to provide that each policy of motor vehicle liability insurance issued in this state shall provide that a person who suffers personal injury or property damage in a motor vehicle accident shall be authorized to file a claim with the insurer of the party at fault in the accident.
SB 594. By Senators Turner of the 8th, Gillis of the 20th, Ray of the 19th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definitions of "alliga tor product," "fur dealer," and "fur dealer's agent"; to change the season for hunting alligators; to change the provisions relating to taxidermists; to change the provisions relating to the hunting of alligators.
SB 597. By Senators Barnes of the 33rd and Ray of the 19th:
A bill to amend Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste management, so as to expand the defini tion of "project"; to provide for certain powers and authorities of the Depart ment of Natural Resources relative to the Georgia Hazardous Waste Manage ment Authority; to limit certain liability of the members and officers and employees of the authority.
SB 608. By Senators Engram of the 34th, Garner of the 30th and Edge of the 28th:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped per sons, so as to provide that the resurfacing, restriping, or repainting of a parking facility shall be classified as a renovation; to provide for standards for certain handicapped parking spaces.
SB 609. By Senators Scott of the 2nd, Allgood of the 22nd, Tysinger of the 41st and others:
A bill to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commis sion, so as to establish the office of executive director; to provide for appointment and terms of office; to provide for removal; to provide for vacancies.
SB 615. By Senator Kidd of the 25th:
A bill to amend Code Section 21-3-98 of the Official Code of Georgia Annotated, relating to qualification of candidates for party nomination in a municipal pri mary, so as to provide that a candidate's agent may qualify on behalf of the candidate to seek election in certain primaries.
SB 617. By Senators Gillis of the 20th, Ray of the 19th and English of the 21st:
A bill to amend Code Section 16-10-6 of the Official Code of Georgia Annotated, relating to prohibitions against the sale of real or personal property to political subdivisions by local officers or employees, so as to provide that sales of personal property of less than $500.00 per calendar quarter shall not be prohibited.
SB 618. By Senators Olmstead of the 26th, Kidd of the 25th, Harris of the 27th and others:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, so as to provide that the policy of the state is that all bills owed by the state and its institutions and agencies will be paid in a timely manner; to define certain terms; to provide for certain prompt payment methods.

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SB 625. By Senator Scott of the 2nd:
A bill to amend Article 3 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to dates of primaries and elections and terms of offices, so as to change certain provisions relating to terms of office of municipal officers elected in 1990; to provide for the extension of the terms of office of certain mu nicipal officers elected in 1986.
SB 629. By Senators Barnes of the 33rd and Garner of the 30th:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to provide funds for constructing, operating, and staffing county jails, county correctional institutions, and county detention facilities; to provide a short title; to provide a statement of purpose and authority; to provide for the repeal of this Act.
SR 245. By Senator Fincher of the 54th:
A resolution designating the Hill Wilbanks Memorial Bridge.
SR 265. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide that with respect to the transfer of any tangible real property on the National Regis ter of Historic Places, the fair market value of such property for tax purposes shall be determined at the time of transfer and such value shall remain the same until a subsequent transfer thereof; to provide a certain condition to such special valuation of property; to provide for the submission of this amendment for ratifi cation or rejection.
SR 336. By Senators Turner of the 8th, Kennedy of the 4th and Kidd of the 25th:
A resolution to commend the Board of Regents of the University System of Geor gia; to recommend the enhancement of two four-year colleges in south Georgia to the status of universities.
SR 347. By Senators Barnes of the 33rd and Garner of the 30th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for additional penalties or fees in any case in any court in this state in which a person is charged with an offense against the criminal or traffic laws of this state or any ordinance of a political subdivision of this state; to provide for the submission of this amendment for ratification or rejection.
SR 355. By Senator Garner of the 30th:
A resolution relative to the State Bar of Georgia and the applicability of the "Georgia Administrative Procedure Act".
SR 356. By Senators Ragan of the 32nd, Harrison of the 37th, Newbill of the 56th and Barnes of the 33rd:
A resolution designating the Arthur T. Bacon Bridge.
HB 218. By Representatives Alford of the 57th, Watson of the 114th, Athon of the 57th and Mangum of the 57th:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977", so as to provide a procedure for levying and collecting maintenance fees for certain enhanced emergency telephone number "911" sys tems directly from subscribers of telephone service.

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HB 1221. By Representative Aaron of the 56th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the definition of the offense of pander ing; to provide that a person convicted of the offense of pandering when such offense involves the solicitation of a person under the age of 16 years shall be guilty of a felony.
HB 1228. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th and others:
A bill to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to provide that institutions of the university system may deduct from salaries or wages of their employees contributions or dues to certain charitable associations.
HB 1247. By Representatives Carter of the 146th and Bostick of the 138th:
A bill to amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments by insurers, so as to provide that insurers may make and invest in loans guaranteed as to principal and interest by the United Student Aid Funds, Inc., to the extent of such guaranty.
HB 1279. By Representatives Crosby of the 150th, Wilson of the 20th, Kilgore of the 42nd and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide a procedure for the review, correction, and equalization of county tax digests.
HB 1307. By Representative Jackson of the 9th:
A bill to amend Code Section 40-2-30 of the Official Code of Georgia Annotated, relating to the issuance of and fees for license plates, so as to change the date for the payment of a portion of certain fees.
HB 1328. By Representative Jackson of the 9th:
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, so as to pro vide for the registration of leased vehicles; to provide for the waiver of certain penalties; to eliminate the requirement of a police report if the license plate is mutilated but still legible; to provide for five-year metal license plates.
HB 1352. By Representatives Hooks of the 116th, Watson of the 114th, Ray of the 98th, Kilgore of the 42nd and Steinberg of the 46th:
A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, known as the "Public Accountancy Act of 1977," so as to authorize the State Board of Accountancy to appoint committees or persons to assist the board in the administration and enforcement of laws pertaining to accountants.
HB 1401. By Representatives Jamieson of the llth, Reaves of the 147th, Porter of the 119th and others:
A bill to amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional powers and duties of the State Soil and Water Conserva tion Committee, so as to authorize the committee to enter into certain contracts and agreements and to receive certain grants.

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HB 1402. By Representatives Jamieson of the llth, Reaves of the 147th, Porter of the 119th, Barnett of the 10th and others: A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, Title 12 of the Official Code of Georgia Annotated, relating to conser vation and natural resources, and Title 45 of the Official Code of Georgia Anno tated, relating to public officers and employees, so as to change the name of the State Soil and Water Conservation Committee to the State Soil and Water Con servation Commission.
HB 1441. By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd, Watts of the 41st, Greene of the 130th and others: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to increase the daily and season maximum bag limits for deer to five deer.
HB 1446. By Representatives Milam of the 81st, Ware of the 77th, Bostick of the 138th, Ramsey of the 3rd, Milford of the 13th and others: A bill to amend Part 1 of Article 2 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to noncommercial fish ing, so as to prohibit the use of sport trotlines within one-half mile below any lock or dam on any fresh waters of this state.
HB 1454. By Representative Randall of the 101st: A bill to amend Code Section 43-3-38 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Accountancy, so as to continue that board but provide for the later termination of the board and the repeal of the laws relating thereto.
HB 1503. By Representatives Alford of the 57th, Waddle of the 113th, Heard of the 43rd and others: A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to continue the State Board of Registration for Professional Engineers and Land Surveyors and pro vide for its later termination.
HR 549. By Representatives Triplet! of the 128th, Murphy of the 18th, Floyd of the 154th and Dixon of the 151st: A resolution designating the Kenneth McCarthy Bridge.
HR 551. By Representative Hasty of the 8th: A resolution designating the Moore's Mill Bridge.
HR 577. By Representative Prichard of the 8th: A resolution authorizing the conveyance of certain state owned real property lo cated in Bartow County, Georgia.
HR 579. By Representatives Jamieson of the llth and Dover of the llth: A resolution authorizing the lease of a certain tract of state owned property.
HR 581. By Representatives Oliver of the 121st and Colwell of the 4th: A resolution authorizing the conveyance of certain state owned real property lo cated in the City of Reidsville, Tattnall County, Georgia, to the Tattnall County Board of Education and the acceptance of certain real property owned by the

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Tattnall County Board of Education located in the City of Reidsville, Tattnall County, Georgia, in consideration therefor.
HR 620. By Representatives Colwell of the 4th, Murphy of the 18th, Jackson of the 9th, Wood of the 9th, McCoy of the 1st and others: A resolution designating the Forest Hays, Jr., Correctional Institution.
HR 661. By Representatives Rainey of the 135th, Mangum of the 57th, Murphy of the 18th, Walker of the 115th, Groover of the 99th and others: A resolution urging the United States Congress to take certain action with re spect to federal excise taxation of motor fuel.
HR 696. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th, Groover of the 99th, Hanner of the 131st and others: A resolution naming the "George T. Bagby State Park".
The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Bowen Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols Edge

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

McKenzie Olmstead Peevy Perry Phillips Ragan of 32nd Ray Shumake Starr Stumbaugh Taylor Timmons Turner

Those not answering were Senators:

Barnes Brannon Broun (excused) Coverdell Engram

Hudgins Johnson Langford Newbill Ragan of 10th

Scott of 2nd Scott of 36th Tate Tysinger Walker

Senator Stumbaugh of the 55th introduced the chaplain of the day, Reverand Dan Garrett, Minister to Youth at Mount Carmel Christian Church, Decatur, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 378. By Senator Kennedy of the 4th: A resolution designating February 11, 1988, as "Senior Georgians' Day".

SR 379. By Senators Garner of the 30th, Kennedy of the 4th, Ray of the 19th and others: A resolution commending Honorable Carl Harrison.

Senator Taylor of the 12th introduced Sandy Ann White, 1987 Georgia Occupational

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Award of Leadership (GOAL) recipient, having been commended by SR 371, adopted previ ously, who briefly addressed the Senate.

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Thursday, February 11, 1988
TWENTY-THIRD LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 607 McGill, 24th Lincoln County
Provides for appointment of the chief magistrate; provides for a statement of intent.

SB 623 Foster, 50th City of Clayton Rabun County
Changes the provisions relating to the date of city elections.

HB 1532 Coleman, 1st Scott, 2nd Bryant, 3rd Chatham County
Changes provisions relative to the agenda for meetings of the Board of Com missioners.

*HB 1533

Coleman, 1st Scott, 2nd Bryant, 3rd City of Savannah Chatham County
Provides for the determination of the millage rate by the governing authori ties of the county, the city, and the independent school system of the county and the city; provides for definitions; provides for certification of taxable val ues and millage rates by the tax commissioner of county. (Substitute)

The substitute to HB 1533 was put upon its adoption:

*HB 1533:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 1533:

A BILL
To be entitled an Act to provide for the determination of the millage rate by the gov erning authorities of Chatham County, the City of Savannah, all municipalities within Chat ham County which levy ad valorem property taxes, and the independent school system of Chatham County and the City of Savannah; to provide for definitions; to provide for certifi cation of taxable values and millage rates by the chief tax assessor of Chatham County; to provide for the adoption of millage rate resolutions and ordinances; to provide procedures

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for the adoption of a millage rate; to provide for the publication of notices; to provide for the form of notices; to provide for the mailing of notices in lieu of publication; to provide the procedure for adopting the ordinance or resolution; to provide for notice of available homestead exemptions from ad valorem taxes; 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. As used in this Act, the term:
(1) "Ad valorem tax" or "property tax" means a tax imposed upon the assessed value of property.
(2) "Governing authority" means that official or group of officials responsible for gov ernance of a taxing jurisdiction.
(3) "Mill" means one one-thousandth of a United States dollar.
(4) "Millage" or "millage rate" means the levy, in mills, which is established by the governing authority for purposes of financing, in whole or in part, the county's or municipal ity's expenses for its fiscal year.
(5) "Taxing jurisdiction" means Chatham County, the various municipalities of Chat ham County, or the independent school system of Chatham County and the City of Savannah.
Section 2. The chief tax assessor of Chatham County shall forward tax digests to the governing authorities of each taxing jurisdiction within Chatham County. The chief tax as sessor shall certify:
(1) The assessed taxable value of all property which is subject to taxation within the taxing jurisdiction;
(2) A statement of the assessed taxable value of all new construction and additions and structures added to and deleted from the digest for that year; and
(3) Instructions to the governing authority describing the method to compute a millage rate which, exclusive of new construction, additions, deletions, and property added or de leted due to geographic boundary changes, will provide the same ad valorem tax revenue for the taxing jurisdiction as was levied during the prior year. For purposes of this paragraph, "new construction" shall mean structures which were not in existence on the assessment date of the prior year's tax digest, "additions" shall mean the improvements added to real property since the assessment date of the prior year's tax digest, and "deletions" shall mean structures destroyed or otherwise removed from real property since the assessment date of the prior year's tax digest. For computation purposes, the governing authority shall utilize the digest amount so determined after adjusting for new construction, additions, deletions, and property additions or deletions due to boundary changes. The millage rate so deter mined shall be termed the "roll-back rate."
Section 3. (a) No millage may be levied until the governing authority of the taxing jurisdiction adopts a resolution or ordinance which specifies the millage rate. The resolution or ordinance shall be adopted at an advertised public meeting and at a time and place which is convenient to the taxpayers of the taxing jurisdiction and shall be adopted only after the governing authority of the taxing jurisdiction has complied with the provisions of this sec tion. Whenever a governing authority shall propose to adopt a millage rate which does not exceed the "roll-back rate," it may establish its millage rate pursuant to this subsection.
(b) In those instances in which the governing authority proposes to establish any mil lage rate which would require increases beyond the "roll-back rate," the governing authority shall advertise its intent to do so and meet again to adopt its ordinance or resolution estab lishing a millage rate in excess of the "roll-back rate." The meeting shall be held not later than two weeks following the date when the proposed millage rate was determined.
(c) Not later than one week prior to final consideration of the proposed millage rate, the

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699

governing authority shall place an advertisement in a newspaper of general circulation serv ing the residents of the affected taxing jurisdiction, which shall read as follows:
NOTICE OF PROPERTY TAX
INCREASE
The (name of governing authority) has tentatively adopted a millage rate which will require an increase in property taxes by (percentage increase over "roll-back rate") percent.
All concerned citizens are invited to the public hearing on this tax increase to be held at (place of meeting) on (date and time).
A FINAL DECISION on the proposed tax increase will be made at this hearing.
(d) The advertisement shall be prominently displayed and shall not be placed in that section of the newspaper where legal notices appear. In lieu of publication of the notice required in this section, the governing authority may mail a copy of the notice to each elec tor residing within the taxing jurisdiction.
(e) At the final hearing, the millage rate shall be adopted. The ordinance or resolution shall specify the "roll-back rate" and the final millage rate. In no event shall the governing authority levy a millage rate in excess of the proposed millage rate as established pursuant to subsection (b) of this section.
(f) Any notice or hearing required under this section may be combined with any notice or hearing required under Article 1 of Chapter 81 of Title 36. Nothing in this section shall be deemed to preclude the conduct of further hearings, if the governing authority deems such hearings necessary and complies with the general notice requirements of subsections (a) and (c) of this section.
(g) A subsequent adjustment in the millage rate for the then current tax year made by the governing authority of any taxing jurisdiction to effect the adjustments required by Code Sections 48-5-271 and 48-5-272 shall not require new advertisement and hearings as required in this section.
Section 4. The chief tax assessor of Chatham County shall, in the period from January 1 through March 31 of each year, place a notice in a newspaper of general circulation in the county, which notice shall inform the residents of Chatham County and all municipalities in the county of the various homestead exemptions from county, municipal, and school district ad valorem taxes available and shall specify the qualifications for eligibility for such exemp tions. The notice required by this section shall be published for at least six consecutive days during such period.
Section 5. Nothing contained in this Act shall serve to extend or authorize any millage rate in excess of the maximum millage rate permitted by law or to prevent the reduction of the millage rate.
Section 6. This Act shall become effective January 1, 1989.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert

Allgood

Baldwin

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Barker Bowen Brannon Bryant Burton
Crumbley Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Garner Harris Harrison
Howard Hudgins Huggins Johnson Kennedy Kidd McGill Newbill

Olmstead Peevy Perry Ragan of I0th Ragan of 32nd
Scott of 2nd
,. Stunibaugh Tay'or Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes Broun (excused) Coverdell Gillis

Land Langford McKenzie Phillips

Ray Scott of 36th Shumake Tate

On the passage of all the local bills, the yeas were 44, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 1533, having received the requisite constitutional majority, were passed.

HB 1533, having received the requisite constitutional majority, was passed by substitute.

SENATE RULES CALENDAR
Thursday, February 11, 1988
TWENTY-THIRD LEGISLATIVE DAY
SB 493 Surrogate Parenting--regulate (Substitute) (C&Y--33rd) SB 388 Habeas Corpus Clerk, Judicial Circuit--redefine "judicial circuit" (Judy--25th) HB 228 Missing Child--change age used in defining (C&Y--56th) SB 571 Warehouse Receipts--computer signatures (I&L-- 13th) HB 303 Agrirama Development Authority--reimbursement for travel (Substitute) (Gov
Op-- 25th) SB 585 False Name, Address, Date of Birth, Etc. Given to Law Enforce
ment--misdemeanor (S Judy--48th) SB 452 Pistols and Revolvers--regulate sale (Substitute) (S Judy--35th) SB 614 Seized Weapons Used in Crimes--disposition (Pub S-- llth) SB 605 Flotation Devices--worn at all times, certain vessels (Pub S--28th) HB 1337 Habitual Violator--conditions for being guilty of felony (Judy--49th) SB 470 Defendant Punished by Fine--judge may allow community service (Judy--52nd) HB 1266 Leaf Tobacco Sales--condemnation when treated with certain pesticides
(Ag-- 19th) HB 1273 Dangerous Dog--regulations (Substitute) (Pub S--7th) SB 544 Carnival Ride Safety Act--certificates of inspection (C Aff--35th) SB 587 Driving in Turn-Only Lane--unlawful over 300 feet (Substitute) (S Judy--48th)

THURSDAY, FEBRUARY 11, 1988

701

SB 602 Appointment of Jury Clerks, Personnel--change population figures (Judy--5th) SB 595 Educators Transferring to Central State Hospital--salary adjustment (Substi
tute) (Gov Op--25th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.) HB 1201 Peace Officers--annual training (Pub S--10th) HB 1163 Guardians and Trustees--authorize additional commissions (Judy--52nd) HB 1443 School Buses--certain speed to events, activities (Pub S--llth) HB 1202 Certain Criminal, Traffic Cases--violation of bond (Pub S--28th)
Respectfully submitted, /s/ Dean of the 31st, Chairman
Senate Rules Committee

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1285. By Representatives Barnett of the 10th, Twiggs of the 4th, Mobley of the 64th, Alford of the 57th and Jackson of the 83rd:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize public safety officers and employees of local political subdivisions to provide mutual aid during local emergencies and at other times under certain circumstances; to provide a short title.

Senator Harris of the 27th moved that the Senate insist upon the Senate amendment to HB 1285.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1285.

The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 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".

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman
Coverdell

Crumbley Dawkins Deal Dean Echols Edge English Engram Fincher Foster
Garner

Gillis Harris Howard Hudgins Huggins Johnson Kennedy Kidd Land McGill
McKenzie

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Newbill Peevy Perry Phillips Ragan of 10th Ragan of 32nd

Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate

Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Harrison

Hine Langford

Olmstead Shumake

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 228. By Representative Hamilton of the 124th:
A bill to amend Code Section 35-3-80 of the Official Code of Georgia Annotated, relating to definitions relative to the Missing Children Information Center, so as to change the age used in defining a missing child.
Senate Sponsor: Senator 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 Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land McKenzie

Newbill Olmstead Peevy Perry Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Harrison Langford

McGill Phillips

Ragan of 10th Shumake

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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703

The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

SB 28. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of certain public officers and employees, so as to provide that any state employee injured in the line of duty shall be entitled to his regular compensation for the period of time that any such state employee is physically unable to perform the duties of his employment.

The Conference Committee report on SB 28 was as follows:

The Committee of Conference on SB 28 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 28 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/ Dean Alford Representative, 57th District
/s/ Bill Barnett Representative, 10th District
/s/ Barbara Couch Representative, 40th District

Conference Committee substitute to SB 28:

A BILL
To be entitled an Act to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of certain public officers and employees, so as to provide that any 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; to define certain terms; to provide certain limitations; to provide procedures; to provide for a reduction in benefits provided by this Act when the injured state employee is entitled to receive workers' compensation benefits; to provide certain exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of certain public officers and em ployees, is amended by striking in its entirety Code Section 45-7-9, relating to compensation for certain line-of-duty injuries of law enforcement officers, firemen, employees of the De partment of Corrections, and employees of the State Board of Pardons and Paroles, 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) '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-

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ing state fire prevention codes, as well as enforcing any law pertaining to the prevention and control of fires.
(3) '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.
(4) 'State employee' means a full-time employee of an agency.
(b) (1) Any employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, or law enforcement officer who, on or after July 1, 1986, is injured in the line of duty by an act of external violence or injury shall be entitled to receive compen sation as provided in this Code section.
(2) Any fireman who, on or after July 1, 1986, is injured in the line of duty shall be entitled to receive compensation as provided in this Code section.
(3) Any state employee not covered under paragraph (1) or (2) of this subsection who, on or after July 1, 1988, is injured in the line of duty shall be entitled to receive compensa tion as provided in this Code section.
(c) An employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, fireman, law enforcement officer, or other state employee injured in the line of duty as provided in subsection (b) of this Code section shall continue to receive his regular compensation for the period of time that the employee or officer is physically unable to perform the duties of his employment; provided, however, that such benefits pro vided in this Code section shall not be granted for injuries resulting from a single incident for more than a total of 180 working days. An employee, fireman, or officer shall be required to submit to his department head satisfactory evidence of such disability.
(d) Benefits made available under this Code section shall be subordinate to any work ers' compensation benefits for which the employee, 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, 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 adopt the Conference Committee re port on SB 28.

On the motion, a roll call was taken, and the vote was a follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes

Brannon Bryant Burton Coleman Coverdell

Crumbley Deal Dean Echols English

THURSDAY, FEBRUARY 11, 1988

705

Engram Fincher Foster Garner lllls "Haarrnnsson
Howard Hudgins Huggins Johnson

Kennedy Kidd Land Langford McGill McKenzie Newbill Olmstead Perry Phillips Ragan of 10th

Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Tate Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Dawkins

Edge

Peevy

Those not voting were Senators:

Bowen Broun (excused)

Shumake

Stumbaugh

On the motion, the yeas were 49, nays 3; the motion prevailed, and the Senate adopted the Conference Committee report on SB 28.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 571. By Senators Bowen of the 13th, Timmons of the llth and Ray of the 19th:
A bill to amend Code Section 10-4-20 of the Official Code of Georgia Annotated, relating to the essential terms of warehouse receipts under the "Georgia State Warehouse Act," so as to authorize computer signatures on warehouse receipts; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coverdell Crumbley Dawkins Deal Echols Edge Engram

Fincher Foster Garner Gillis Harris Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Broun (excused) Coleman Dean

English Harrison Ragan of 10th

Shumake Tate

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 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.

Senator Hine of the 52nd moved that the Senate adhere to the Senate substitute to HB 713, and that a Conference Committee be appointed.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 713.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Hine of the 52nd, Peevy of the 48th and Deal of the 49th.

The following general bill of the House, having been read the third time on March 6, 1987, and postponed until March 9, 1987, and committed to the Senate Committee on Gov ernmental Operations on March 9, 1987, and favorably reported by the committee, was put upon its passage:

HB 303. By Representative Reaves of the 147th:
A bill to amend Code Section 2-3-5 of the Official Code of Georgia Annotated, relating to the composition of the Georgia Agrirama Development Authority, so as to provide that members of the authority shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties.
Senate Sponsors: Senator Kidd of the 25th and Senator McGill of the 24th.

The Senate Committee on Governmental Operations offered the following substitute to HB 303:

A BILL
To be entitled an Act 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 a certain expense allowance and travel cost reimbursement in connection with the performance of their duties; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 11, 1988

707

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 2-3-5 of the Official Code of Georgia Annotated, relating to the composition of the Georgia Agrirama Authority, is amended by striking subsection (e) and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The members of the authority shall receive no compensation for their services but all members shall be entitled to the expense allowance and travel cost reimbursement pro vided for members of certain boards and commissions pursuant to Code Section 45-7-21 while in the performance of their duties. Employees of the authority shall receive reasonable compensation for their services, the amount to be determined by the members of the authority."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge

Engram Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land Langford McGill

McKenzie Olmstead Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Voting in the negative were Senators Fincher and Newbill.

Those not voting were Senators:

Brannon Broun (excused) Coleman

English Johnson Ragan of 10th

Scott of 36th Shumake Timmons

On the passage of the bill, the yeas were 45, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 585. By Senator Peevy of the 48th:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses,

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JOURNAL OF THE SENATE

so as to provide that any person who gives a false name, address, date of birth, or social security number to a law enforcement officer in the lawful discharge of his official duties with the intent of misleading the officer as to his identity is guilty of a misdemeanor.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bwen Brannon

Engram Fincher Foster Garner Gillis Harris Harrison

BuZn
Coverdell Crumbley
Dawkins Deal Dean Echols Edge

Huggt
Kennedy Kidd
Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of loth R of 32nd o
^ of 2nd
bta" Stumbaugh
1 a^e Taylor Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Coleman English

Hine Howard Johnson

Scott of 36th Shumake Timmons

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 743. By Representatives Watson of the 114th and Robinson of the 58th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions concerning public utilities and public transportation, so as to change certain provisions relating to the definition of the term "motor com mon carrier and motor contract carrier".

Senator Scott of the 2nd moved that the Senate adhere to the Senate substitute to HB 743, 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 743.

The President appointed as a Conference Committee on the part of the Senate the following:

THURSDAY, FEBRUARY 11, 1988

709

Senators Scott of the 2nd, Langford of the 35th and Tysinger of the 41st.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 452. By Senators Langford of the 35th, Walker of the 43rd, Tate of the 38th and Scott of the 36th:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and prac tices, so as to regulate the sale of pistols and revolvers; to make it unlawful for a dealer to sell a pistol or revolver to any person except pursuant to certain condi tions and procedures; to define a certain term.
The Senate Committee on Special Judiciary offered the following substitute to SB 452:
A BILL
To be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and prac tices, so as to regulate the sale of pistols and revolvers; to make it unlawful for a dealer to sell a pistol or revolver to any person except pursuant to certain conditions and procedures; to define a certain term; to prohibit a dealer under certain circumstances from selling or delivering a pistol or revolver to a person who is ineligible to possess a firearm; to provide for an investigation of any person attempting to purchase a pistol or revolver; to provide a penalty; to provide exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and practices, is amended by ad ding at the end of Part 3 a new Code Section 16-11-132 to read as follows:
"16-11-132. (a) As used in this Code section, the term 'dealer' means a person engaged in the business of selling pistols or revolvers at retail.
(b) (1) It shall be unlawful for any dealer to sell a pistol or revolver to any person who is prohibited from receiving, possessing, or transporting a firearm pursuant to Code Section 16-11-131.
(2) Except as otherwise provided in paragraph (1) of this subsection, it shall be unlaw ful for any dealer to sell a pistol or revolver to any person except under the following conditions:
(A) The purchaser shall present to the dealer a valid driver's license or identification card as provided in Article 5 of Title 40;
(B) The dealer shall make a record of the following:
(i) The date and time of the initial action of the person to purchase a pistol or revolver;
(ii) The name, date of birth, height, weight, address and driver's license or identifica tion card number of the purchaser; and
(iii) The signature of the purchaser;
(C) The dealer shall send a copy of the information required in subparagraph (B) of this paragraph to the local law enforcement agency within 24 hours after receiving such information; and
(D) Seven days shall expire from the date that the information is transmitted to the local law enforcement agency before the sale shall be finalized and the pistol or revolver delivered to the purchaser.
(c) A law enforcement agency, upon receiving such information, shall promptly conduct

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JOURNAL OF THE SENATE

a search of its records and records to which it has access and shall notify the dealer by telephone and in writing if it finds that such person is ineligible under Code Section 16-11131 to possess a firearm. When a local law enforcement agency notifies the dealer that a person is ineligible under Code Section 16-11-131 to possess a firearm, it shall be unlawful for such dealer to sell or deliver a pistol or revolver to such person.
(d) Except as otherwise provided in subsection (e) of this Code section, any person who violates this Code section shall, upon conviction thereof, be guilty of a misdemeanor of a high and aggravated nature.
(e) The provisions of this Code section shall not apply to any person who is exempt from the provisions of Code Sections 16-11-126 through 16-11-128 pursuant to Code Section 16-11-130."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 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:

Allgood Coleman Crumbley Dawkins

Engram Kidd Langford Peevy

Scott of 2nd Scott of 36th Tate Walker

Those voting in the negative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Bryant Burton Coverdell Deal Dean Echols Edge English

Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy McGill McKenzie

Newbill Perry Phillips Ragan of 10th Ragan of 32nd Ray Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Broun (excused)

Land

Olmstead

On the passage of the bill, the yeas were 12, nays 41.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Engram of the 34th introduced the doctor of the day, Dr. Patrick Roche, of Palmetto, Georgia.

THURSDAY, FEBRUARY 11, 1988

711

The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 614. By Senator Timmons of the llth:
A bill to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized in criminal cases, so as to change the provisions relating to the disposition of weapons used in the commis sion of crimes; to provide for procedures.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Echols Edge

English Fincher Foster Garner Gillis Harris Harrison Howard Huggins Johnson Kennedy Kidd Langford McGill Newbill

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Timmons Turner Walker

Those not voting were Senators:

Barker Broun (excused) Dean Engram

Hine Hudgins Land McKenzie

Olmstead Stumbaugh Tysinger

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 605. By Senator Edge of the 28th:
A bill to amend Code Section 52-7-8 of the Official Code of Georgia Annotated, relating to classification of vessels and required equipment, so as to require that flotation devices be worn at all times by occupants of certain vessels; to provide for all related matters.

Senator Edge of the 28th moved that SB 605 be committed to the Senate Committee on Public Safety.

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On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 605 was commit ted to the Senate Committee on Public Safety.

SB 470. By Senators Garner of the 30th, Newbill of the 56th and Crumbley of the 17th:
A bill to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to the fixing of the sentence by a judge in misdemeanor and felony cases generally, so as to provide that in cases where the defendant has been punished by a fine, the sentencing judge shall be authorized to allow the defendant to sat isfy such fine through community service.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the 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
^ urtaonni
nCCoruvmerbdj"leeiliyl Dawkins pj eaj Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris
HHianrerison
HHTIouw^alrnds Johnson Kennedy Kidd Land Langford McGill

Newbill Olmstead Peevy Perry Ragan of 10th Ragan of 32nd
SRcaoytt of 2nd
SS0 ,choutmt aok.fe36th Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Bowen Broun (excused) Hudgins

McKenzie Phillips

Starr Timmons

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1266. By Representatives Reaves of the 147th, Balkcom of the 140th, Oliver of the 121st and others:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to provide for the detention and condemnation of tobacco treated with certain pesticides or containing certain residues of pesticides or other substances.
Senate Sponsor: Senator Ray of the 19th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 11, 1988

713

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes rannon ^nt CPUoo,vleemrdnaenll Crumbley Dawkins Dea) Dean Echols Edge English

Engram Fincher Foster Gillis
Harris Harrison Hine HT"Tuodw,gam.rds Hu ^ lns Johnson Kennedy Kidd Land Langford McGill

Newbill Olmstead Peevy Phillips
Ragan of 10th Ragan of 32nd Ray Sm Schoutmt iaokfe36th Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Bowen Broun (excused) Garner

McKenzie Perry

Scott of 2nd Timmons

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

HB 1273. By Representatives Rainey of the 135th, Moody of the 153rd, Twiggs of the 4th and others:
A bill to amend Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to provide for the regulation of dangerous dogs.
Senate Sponsor: Senator Perry of the 7th.

The Senate Committee on Public Safety offered the following substitute to HB 1273:

A BILL
To be entitled an Act to amend Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to change a reference in the provision relating to penalties for the violation of certain laws regulating and controlling dogs; to provide for the regulation of dangerous dogs and potentially dangerous dogs; to provide for a short title; to provide for definitions; to provide for exceptions; to provide for the jurisdiction and duties of local gov ernments in the regulation of dangerous dogs and potentially dangerous dogs; to provide for the designation of courts to conduct hearings and to provide for the jurisdiction and author ity of such courts; to provide for certain contracts and agreements among local governments; to provide procedures for the identification of potentially dangerous dogs; provide for the registration of dangerous dogs and potentially dangerous dogs; to provide for unlawful activ ities in connection with registering, owning, possessing, and maintaining a dangerous dog or a potentially dangerous dog; to provide for the confiscation of dangerous dogs and poten tially dangerous dogs; to provide for the destruction of dangerous dogs under certain cir-

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cumstances; to provide for penalties; to provide for construction relative to other laws and local ordinances or resolutions; 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 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, is amended by striking Code Section 4-8-7, relating to penalties for the violation of certain laws regulating and controlling dogs, in its entirety and substituting in lieu thereof a new Code Section 4-8-7- to read as follows:
"4-8-7. Any person who violates any provision of this article shall be guilty of a misdemeanor."
Section 2. Said chapter is further amended by designating the present provisions of said chapter, Code Sections 4-8-1 through 4-8-7, as Article 1 thereof and by adding at the end thereof a new Article 2 to read as follows:
"ARTICLE 2
4-8-20. This article shall be known and may be cited as the 'Dangerous Dog Control Law.'
4-8-21. (a) As used in this article, the term:
(1) 'Dangerous dog' means any dog that, according to the records of an appropriate authority, has without provocation inflicted severe injury on a human being on public or private property.
(2) 'Dog control officer' means an individual selected by a local government pursuant to the provisions of subsection (c) of Code Section 4-8-22 to aid in the administration and enforcement of the provisions of this article.
(3) 'Governing authority' means the governing body or official in which the legislative powers of a local government are vested.
(4) 'Local government' means any county or municipality of this state.
(5) 'Owner' means any natural person or any legal entity, including but not limited to, a corporation, partnership, firm, or trust owning, possessing, harboring, keeping, or having custody or control of a dangerous dog or potentially dangerous dog within this state.
(6) 'Potentially dangerous dog' means any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of human beings or any dog that when unprovoked:
(A) Inflicts bites on a human being on public or private property; or
(B) Chases or approaches a human being upon the street, sidewalks, or any public grounds in a vicious or terrorizing manner in an apparent attitude of attack.
(7) 'Proper enclosure' means an enclosure for keeping a dangerous dog or potentially dangerous dog while on the owner's property securely confined indoors or in a securely en closed and locked pen, fence, or structure suitable to prevent the entry of young children and designed to prevent the dog from escaping. Any such pen or structure shall have secure sides and a secure top, and, if the dog is enclosed within a fence, all sides of the fence shall be of sufficient height and the bottom of the fence shall be constructed or secured in such a manner as to prevent the dog's escape either from over or from under the fence. Any such enclosure shall also provide protection from the elements for the dog.
(8) 'Records of an appropriate authority' means records of any state, county, or munici pal law enforcement agency, records of any county or municipal animal control agency, records of any county board of health, or records of a dog control officer provided for in this article.
(9) 'Severe injury' means any physical injury that results in broken bones or disfiguring

THURSDAY, FEBRUARY 11, 1988

715

lacerations requiring multiple sutures or cosmetic surgery or a physical injury that results in death.
(b) A dog that inflicts an injury upon a person when the dog is being used by a law enforcement officer to carry out the law enforcement officer's official duties shall not be a dangerous dog or potentially dangerous dog within the meaning of this article. A dog shall not be a dangerous dog or a potentially dangerous dog within the meaning of this article if the injury inflicted by the dog was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog or was tormenting, abusing, or assaulting the dog or had in the past been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.
(c) In addition to the provisions of paragraph (1) of subsection (a) of this Code section, a potentially dangerous dog shall be reclassified as a dangerous dog as provided in subsec tion (b) of Code Section 4-8-23 if the dog without provocation inflicts an injury, not necessa rily a severe injury, upon a human being on public or private property after the dog has been identified as a potentially dangerous dog and after the dog's owner has been notified of such identification under the procedures provided in Code Section 4-8-24.
4-8-22. (a) Except as otherwise provided by subsection (b) of this Code section, a county's jurisdiction for the enforcement of this article shall be the unincorporated area of the county and a municipality's jurisdiction for such enforcement shall be the territory within the corporate limits of the municipality.
(b) Any county or municipality or any combination of such local governments may con tract or enter into agreements with each other for joint dog control services or for the provi sion of dog control services required by this article and for the separate or joint use of personnel, facilities, and equipment used in the provision of such services.
(c) The governing authority of each local government shall designate an individual to carry out the duties of a dog control officer as provided in this article. One individual may carry out the duties of a dog control officer for more than one local government pursuant to a contract or agreement under subsection (b) of this Code section. The governing authority of a local government may assign the additional duties of dog control officer to any officer or employee of the local government who is subject to the jurisdiction of the governing author ity. With the consent of the sheriff, the governing authority of a local government may as sign the additional duties of dog control officer to a county sheriff or to a sheriffs deputy. With the consent of the county board of health and the rabies control officer, the governing authority of a local government may assign the additional duties of dog control officer to a rabies control officer appointed under Code Section 31-19-7. A person carrying out the du ties of a dog control officer shall not be authorized to make arrests unless the person is a law enforcement officer having the powers of arrest.
(d) The governing authority of a local government may provide by ordinance or resolu tion for the creation of an animal control board to hold hearings provided for in Code Sec tion 4-8-24. If such an animal control board is created, such board may hear and determine matters provided for in Code Section 4-8-24 in the place of the governing authority of the local government. An animal control board may be created jointly by two or more local governments under the provisions of subsection (b) of this Code section.
(e) In lieu of conducting the hearings required by Code Section 4-8-24 or creating an animal control board for such purpose as provided in subsection (d) of this Code section, the governing authority of each local government is authorized to designate a court within the jurisdiction of such local government to conduct such hearings. Any court so designated is authorized and shall have jurisdiction to conduct such hearings and determine matters pro vided for in Code Section 4-8-24 in the place of the governing authority of the local government.
4-8-23. (a) Except as otherwise provided by subsection (b) of this Code section, the owners of dangerous dogs are required to comply with the provisions of this article and are

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subject to the penalties provided by this article for a failure to comply without the necessity of any notification to such owners that they are the owners of dangerous dogs. Only for the purposes of the enforcement of the provisions of this article, each dog control officer shall have the duty to examine the records of appropriate authorities and make such other inves tigations as may be necessary to identify dangerous dogs and dangerous dog owners within the dog control officer's jurisdiction.
(b) A dog control officer shall have the duty to reclassify a potentially dangerous dog as a dangerous dog for the purpose of carrying out the provisions of subsection (c) of Code Section 4-8-21. When a potentially dangerous dog is reclassified as a dangerous dog, the dog control officer shall notify the dog's owner in writing by certified mail to the owner's last known address of such reclassification. Such notice shall be complete upon its mailing, and, thereafter, the owner of the dangerous dog shall comply with and be subject to the penalties of the provisions of this article relating to dangerous dogs.
4-8-24. (a) As applied to the owners of potentially dangerous dogs, the procedures pro vided for in this Code section must be carried out as a necessary condition for the enforce ment of the provisions of this article against such owners.
(b) Each dog control officer shall make such investigations and inquiries as may be necessary to identify potentially dangerous dogs within the dog control officer's jurisdiction. When a potentially dangerous dog is identified, the dog control officer shall notify the dog's owner of such identification.
(c) The notice to the owner of a potentially dangerous dog shall meet the following requirements:
(1) The notice shall be in writing and mailed by certified mail to the owner's last known address;
(2) The notice shall include a summary of the dog control officer's findings that formed the basis for the dog's identification as a potentially dangerous dog;
(3) The notice shall be dated and shall state that the owner, within 15 days after the date shown on the notice, has a right to request a hearing on the dog control officer's deter mination that the dog is a potentially dangerous dog;
(4) The notice shall state that the hearing, if requested, shall be before the governing authority or a court designated by such governing authority or the animal control board of the respective local government and shall specify the name of such governing authority or court or animal control board;
(5) The notice shall state that if a hearing is not requested, the dog control officer's determination that the dog is a potentially dangerous dog will become effective for all pur poses under this article on a date specified in the notice, which shall be after the last day on which the owner has a right to request a hearing; and
(6) The notice shall include a form to request a hearing before the governing authority, court, or animal control board and specific instructions on mailing or delivering such request to the governing authority or court or animal control board.
(d) When a governing authority, court, or animal control board receives a request for a hearing as provided in subsection (c) of this Code section, it shall schedule such hearing within 30 days after receiving the request. The governing authority or court or animal con trol board shall notify the dog owner in writing by certified mail of the date, time, and place of the hearing, and such notice shall be mailed to the dog owner at least ten days prior to the date of the hearing. At the hearing, the owner of the dog shall be given the opportunity to testify and present evidence and in addition thereto the governing authority or court or animal control board shall receive such other evidence and hear such other testimony as the governing authority or court or animal control board may find reasonably necessary to make a determination either to sustain the dog control officer's identification of the dog as a po tentially dangerous dog or to overrule the dog control officer.

THURSDAY, FEBRUARY 11, 1988

717

(e) Within ten days after the date of the hearing, the governing authority or court or animal control board shall notify the dog owner in writing by certified mail of the determi nation of the governing authority or court or animal control board on the matter. If such determination is that the dog is a potentially dangerous dog, the notice shall specify the date upon which that determination is effective.
(f) If the determination of the governing authority or court or animal control board is that the dog is not a potentially dangerous dog, the dog control officer shall not identify the dog as a potentially dangerous dog unless the dog, subsequent to such determination, is involved in conduct described in paragraph (6) of Code Section 4-8-21. In that event, the procedures of this Code section shall again apply to the dog control officer's determination.
(g) When a dog is identified as a potentially dangerous dog under the procedures of this Code section, the owner of the dog shall comply with and be subject to the penalties of this article relating to potentially dangerous dogs.
4-8-25. (a) It is unlawful for an owner to have or possess within this state a dangerous dog or potentially dangerous dog without a certificate of registration issued in accordance with the provisions of this Code section.
(b) Subject to the additional requirements of subsection (c) of this Code section for dangerous dogs, the dog control officer of a local government in which an owner possesses a dangerous dog or potentially dangerous dog shall issue a certificate of registration to the owner of such dog if the owner presents to the dog control officer or the dog control officer otherwise finds sufficient evidence of:
(1) A proper enclosure to confine the dangerous dog or potentially dangerous dog; and
(2) The posting of the premises where the dangerous dog or potentially dangerous dog is located with a clearly visible sign warning that there is a dangerous dog on the property and containing a symbol designed to inform children of the presence of a dangerous dog.
(c) In addition to the requirements of subsection (b) of this Code section, the owner of a dangerous dog shall present to the dog control officer evidence of:
(1) A policy of insurance in the amount of at least $50,000.00 issued by an insurer au thorized to transact business in this state insuring the owner of the dangerous dog against liability for any personal injuries inflicted by the dangerous dog; or
(2) A surety bond in the amount of $50,000.00 ore more issued by a surety company authorized to transact business in this state payable to any person or persons injured by the dangerous dog.
(d) The owner of a dangerous dog or potentially dangerous dog shall notify the dog control officer within 24 hours if the dog is on the loose, is unconfined, has attacked a human, has died, or has been sold or donated. If the dog has been sold or donated, the owner shall also provide the dog control officer with the name, address, and telephone num ber of the new owner of the dog.
(e) A dog control officer is authorized to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this article. Law enforcement agencies of local governments and the sheriffs of counties shall cooperate with dog control officers in enforc ing the provisions of this article.
(f) A local government may charge an annual fee, in addition to regular dog-licensing fees, to register dangerous dogs and potentially dangerous dogs as required in this Code section. An annual fee authorized by this subsection shall be fixed by the local government but shall not be less than $25.00.
4-8-26. (a) It is unlawful for an owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and is under the physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respira tion but will prevent it from biting any person.

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(b) It is unlawful for the owner of a potentially dangerous dog to permit the dog to be outside a proper enclosure unless the dog is restrained by a substantial chain or leash and is under the restraint of a responsible person.
4-8-27. (a) A dangerous dog shall be immediately confiscated by the dog control officer or by a law enforcement officer or by another person authorized by the dog control officer if the:
(1) Owner of the dog does not secure the liability insurance or bond required by subsec tion (c) of Code Section 4-8-25;
(2) Dog is not validly registered as required by Code Section 4-8-25;
(3) Dog is not maintained in a proper enclosure; or
(4) Dog is outside a proper enclosure in violation of subsection (a) of Code Section 4-826.
(b) A potentially dangerous dog shall be confiscated in the same manner as a dangerous dog if the dog is:
(1) Not validly registered as required by Code Section 4-8-25;
(2) Not maintained in a proper enclosure; or
(3) Outside a proper enclosure in violation of subsection (b) of Code Section 4-8-26.
4-8-28. (a) The owner of a dangerous dog who violates the applicable provisions of Code Section 4-8-25 or Code Section 4-8-26 or whose dangerous dog is subject to confiscation under subsection (a) of Code Section 4-8-27 shall be guilty of a misdemeanor of high and aggravated nature.
(b) The owner of a potentially dangerous dog who violates the applicable provisions of Code Section 4-8-25 or Code Section 4-8-26 or whose potentially dangerous dog is subject to confiscation under subsection (b) of Code Section 4-8-27 shall be guilty of a misdemeanor.
(c) Upon a finding that the owner knowingly and wilfully failed to comply with his other obligations provided in this article relative to restraint, enclosure or muzzling, if a dangerous dog of an owner with a prior conviction for a violation under this article attacks or bites a person under circumstances constituting another violation of this article, the dan gerous dog's owner is guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $1,000.00 nor more than $5,000.00 or by imprisonment for not less than one nor more than five years or by both such fine and imprisonment.
(d) Upon a finding that the owner knowingly and wilfully failed to comply with his other obligations provided in this article relative to restraint, enclosure or muzzling, the owner of any dangerous dog that aggressively attacks and causes severe injury or death of any human under circumstances constituting a violation of this article shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $5,000.00 nor more than $10,000.00 or by imprisonment for not less than one nor more than ten years or by both such fine and imprisonment.
(e) In addition to the penalties for violations under subsection (c) or (d) of this Code section, the dangerous dog involved shall be immediately confiscated by the dog control officer or by a law enforcement officer or another person authorized by the dog control of ficer and placed in quarantine for the proper length of time as determined by the county board of health, and, thereafter, the dangerous dog shall be destroyed in an expeditious and humane manner.
(f) No dangerous dog or owner shall be held criminally liable for injuries inflicted by owner's dog or to any human being while on owner's property.
4-8-29. The provisions of this article are in addition to and supplementary of any previ ously existing laws of this state and shall not be construed to repeal or supersede such previously existing laws. The provisions of this article shall not be construed to repeal or

THURSDAY, FEBRUARY 11, 1988

719

supersede any previously existing ordinances or resolutions of local governments, except to the extent that such previously existing ordinances or resolutions are in conflict or are in consistent with the provisions of this article."
Section 3. This Act shall be effective on July 1, 1988, only for administrative purposes to allow county and municipal governments to adopt ordinances or resolutions or take such other action as may be necessary to prepare for the enforcement of the provisions of this Act on and after January 1, 1989. This Act shall be effective for all purposes on January 1, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Perry of the 7th offered the following amendment:
Amend the substitute to HB 1273 offered by the Senate Committee on Public Safety by striking in their entirety lines 33 through 35 on page 13, which read as follows:
"(f) No dangerous dog or owner shall be held criminally liable for injuries inflicted by owner's dog or to any human being while on owner's property.",
and inserting in lieu thereof the following:
"(f) No owner of a dangerous dog or potentially dangerous dog shall be held criminally liable for injuries inflicted by the owner's dog to any human being while the dog was on the owner's property."
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.
Senator Edge of the 28th offered the following amendment:
Amend the substitute to HB 1273 offered by the Senate Committee on Public Safety by striking on page 6, lines 29 and 30, the words,
"without the necessity of any notification to such owners that they are the owners of dangerous dogs.",
and further by adding on page 7, line 10 following the word "reclassification." the following: "The owner shall be entitled to same procedures as are provided to owners of poten
tially dangerous dogs as set out in 4-8-24 should said owner desire to challenge classification of his dog as a dangerous dog.",
and further by striking on page 7, line 10, beginning with the word "such" and ending with the word "dogs.".
On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.
Senators Echols of the 6th and Turner of the 8th offered the following amendment: Amend the substitute to HB 1273 offered by the Senate Committee on Public Safety by adding on page 4, line 30 and page 2, line 21, after the words, "human being" the following: "or other animals",
and on page 4, line 18, after the word "person"
the following:
"or other animals".
On the adoption of the amendment, the yeas were 31, nays 1, and the amendment was adopted.

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JOURNAL OF THE SENATE

Senator Crumbley of the 17th moved that HB 1273 be committed to the Senate Com mittee on Public Safety.
On the motion, the yeas were 38, nays 4; the motion prevailed, and HB 1273 was com mitted to the Senate Committee on Public Safety.
The following general bill of the Senate, having been read the third time on February 4, 1988, and final action suspended until February 5, pursuant to Senate Rule 143, and com mitted to the Senate Committee on Consumer Affairs on February 5, and favorably reported by the committee, was put upon its passage:
SB 544. By Senator Langford of the 35th: A bill to amend Chapter 13 of Title 34 of the Official Code of Georgia Annotated, known as the "Carnival Ride Safety Act," so as to delete certain provisions relat ing to certificates of inspection; to change the provisions relating to issuance of a permit; to change the provisions relating to accident reports; to change the provi sions relating to liability insurance.
Senator Langford of the 35th offered the following amendment:
Amend SB 544 by striking from the title, beginning on line 7 of page 1 and continuing onto line 8, the following:
"to delete certain provisions relating to bonds;",
and inserting in lieu thereof the following:
"to change certain provisions relating to qualifications of insurers and sureties under this Act;".
By striking in its entirety Section 4, beginning on line 19 of page 3 and continuing through line 8 of page 4, which reads as follows:
"Section 4. Said chapter is further amended by striking in its entirety Code Section 3413-14, relating to liability insurance, bond, or other security required, and inserting in lieu thereof a new Code Section 34-13-14 to read as follows:
'34-13-14. (a) No person shall operate a carnival ride unless at the time there is in existence:
(1) A policy of insurance in an appropriate amount determined by regulation insuring the owner and operator (if an independent contractor) against liability for injury to persons arising out of the operation of the carnival ride; or
(2) Cash or other security acceptable to the department.
(b) Regulations under this chapter shall permit appropriate deductibles of self-insured retention amounts to such policies of insurance. The policy shall be procured from one or more insurers acceptable to the department.' ",
and inserting in lieu thereof the following:
"Section 4. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 34-13-14, relating to liability insurance, bond, or other security required, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) Regulations under this chapter shall permit appropriate deductibles or self-insured retention amounts to such policies of insurance. The policy or bond shall be procured from one or more insurers or sureties acceptable to the department.' "
On the adoption of the amendment, the yeas were 35, nays 1, and the amendment was adopted.

THURSDAY, FEBRUARY 11, 1988

721

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 Bwen
ffuyrtfon"t ,, CTDj--,.oaevwaje,kridnesll Dean Echols Edge English Engram Fincher

Foster Garner Gillis Harris Harrison Hine
HHuogwgairnds JKT,^oi-h,dJBndJBson Land Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray
SShcoutmt aokfe2nd S,,So...tt.uamrr bi_augni. Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Broun (excused) Coleman

Crumbley Hudgins

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 as amended.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate amendment thereto:

HB 1195. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change the compensa tion of the Lieutenant Governor; to restate the current salary now received by the Speaker of the House.

The House amendment was as follows:
Amend the Senate amendment to HB 1195 by striking from line 12 through line 14 of page 2 the following:
"The Office of Planning and Budget shall calculate the average percentage increase."

Senator Kidd of the 25th moved that the Senate agree to the House amendment to the Senate amendment to HB 1195.

On the motion, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Burton Coverdell CDrauwmkbinles y
Deal
Dean
Echols Edge
English Fincher

Foster Garner Gillis Harris Harrison Hme "oward JHouhgngsionns
Kidd
Land
Langford McGill
McKenzie Newbill

Olmstead Peevy Phillips Ragan of 10th Ragan of 32nd ^ Scott of 2nd S,,,tumb, augh,
Tate
Taylor
Timmons Turner
Tysinger Walker

Those not voting were Senators:

Bowen Brannon Broun (excused) Bryant

Coleman Engram Hudgins Kennedy (presiding)

Perry Scott of 36th Shumake Starr

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1195.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 587. By Senator Peevy of the 48th:
A bill to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of roadways, overtaking, and passing, so as to provide that it shall be unlawful for any vehicle to be driven a distance of 300 feet or more in the designated turning-only lane on any roadway.
The Senate Committee on Special Judiciary offered the following substitute to SB 587:

A BILL
To be entitled an Act to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of roadways, overtaking, and pass ing, so as to provide that it shall be unlawful for any vehicle to be driven a distance of 500 feet or more in the designated two-way left turn lane on any roadway or for any vehicle to be driven in the designated two-way left turn lane on any roadway for the purpose of over taking and passing any other vehicle; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of roadways, overtaking, and passing, is amended by adding at the end thereof a new Code section, to be designated Code Section 40-6-54, to read as follows:
"40-6-54. It shall be unlawful for any vehicle to be driven a distance of 500 feet or more in the designated two-way left turn lane on any roadway or for any vehicle to be driven in the designated two-way left turn lane on any roadway for the purpose of overtaking and passing any other vehicle."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, FEBRUARY 11, 1988

723

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 Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge
Engrain

Fincher Foster Garner Gillis Harris Harrison Hine Howard Huggins Johnson Kidd Land Langford McGill McKenzie

Newbill Olms tead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Brannon Broun (excused) Bryant English

Hudgins Kennedy (presiding) Scott of 2nd

Scott of 36th Shumake 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.

SB 602. By Senators Burton of the 5th, Tysinger of the 41st, Howard of the 42nd and others:
A bill to amend Code Section 15-12-11 of the Official Code of Georgia Annotated, relating to appointment of jury clerks and other personnel in counties having populations in excess of a certain amount, so as to change the population level at which such Code section applies; to provide for related matters; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Barnes Bowen Bryant Burton

Coleman Coverdell Crumbley Dawkins

724

JOURNAL OF THE SENATE

Deal Dean Echols Ed8e
^ngram p ong^rer Garner Gillis Harris Hine Howard

Huggins Johnson Kidd Land
Langford McGill McKenzie Newbill Olmstead Peevy Perry

Phillips Ragan of 10th Ragan of 32nd Ray
Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Brannon Broun (excused) English Harrison

Hudgins Kennedy (presiding) Scott of 2nd

Scott of 36th Shuraake Walker

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 7. By Representatives Hudson of the 117th, Branch of the 137th, Royal of the 144th, Sherrod of the 143rd, Smith of the 16th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definition of "game fish"; to change the provisions relating to food fish dealers; to change the provi sions relating to sale of fish by commercial fish hatcheries; to change the provi sions relating to the licensing of wholesale and retail fish dealers.

Senator Perry of the 7th moved that the Senate insist upon the Senate substitute to HB 7.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 7.

The following general bill of the Senate, having been read the third time and final ac tion suspended on February 10, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was put upon its passage:

SB 595. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to authorize compensatory salary ad justments to those former educators of a local board of education who trans ferred employment to Central State Hospital; to authorize transfer of sick leave accumulated in the former employment with a local board of education.

The substitute to SB 595 offered by Senator Kidd of the 25th on February 10, as it appears in the Journal of February 10, was automatically reconsidered and put upon its adoption.

THURSDAY, FEBRUARY 11, 1988

725

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 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 Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Engram Fincher Foster Garner Gillis Harris Howard Huggins Johnson Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Voting in the negative were Senators Edge and Hine.

Those not voting were Senators:

Brannon Broun (excused) English Harrison

Hudgins Kennedy (presiding) Scott of 2nd

Scott of 36th Shumake Walker

On the passage of the bill, the yeas were 44, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1201. By Representatives Ramsey of the 3rd, Steinberg of the 46th, Buck of the 95th and Lee of the 72nd: A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to require annual training of peace officers. Senate Sponsor: Senator Ragan of the 10th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Hine Howard Huggins Johnson Kidd Land Langford McGill McKenzie Newbill

Olms tead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Brannon Broun (excused) Harris

Harrison Hudgins Kennedy (presiding)

Scott of 36th Shumake Walker

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 12:35 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

FRIDAY, FEBRUARY 12, 1988

727

Senate Chamber, Atlanta, Georgia Friday, February 12, 1988
Twenty-fourth Legislative Day

The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 751. By Representatives Lane of the 27th and Bostick of the 138th:
A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to certain required equipment on vehicles, so as to require certain persons in certain vehicles to use seat belts.
HB 1666. By Representatives Stephens of the 68th, Thurmond of the 67th, Clark of the 13th and Milford of the 13th:
A bill to amend an Act providing a new charter for the City of Athens in Clarke County, so as to authorize the city to have and be authorized to exercise all rede velopment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers.
HB 1475. By Representatives Thomas of the 69th, Cummings of the 17th and Murphy of the 18th:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to provide for the appointment of certain persons solely for the enforcement of such laws; to pro vide for discretion of the appointing authority; to provide for qualifications; to provide for an oath; to provide that persons appointed shall not be deemed peace officers.
The House has disagreed to the Senate amendment to the following bill of the House:
HB 1276. By Representatives Dover of the llth and Murphy of the 18th:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to authorize local boards of edu cation to vary the length of school years under certain circumstances.

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JOURNAL OF THE SENATE

The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1658. By Representatives Wilson of the 20th, Clark of the 20th, Atkins of the 21st, Hensley of the 20th, Thompson of the 20th and others:
A bill to amend an Act reincorporating the City of Marietta, so as to provide that the city shall levy and collect an additional tax of not more than one mill on all real and personal property within the corporate limits of the city.
HB 1663. By Representatives Bargeron of the 108th and Ricketson of the 82nd:
A bill to provide for election of the chairman and the members of the board of education of Jefferson County.
HB 1664. By Representatives Bargeron of the 108th and Ricketson of the 82nd:
A bill to amend an Act fixing the compensation for the members of the board of commissioners of Jefferson County and the clerk of such board, so as to provide for an expense allowance for the chairman and other members of the board.
HB 1672. By Representative Hudson of the 117th:
A bill to amend an Act creating the Board of Commissioners of Wilcox County, so as to provide for the election of the members of the board.
HB 1652. By Representative Wall of the 61st:
A bill to provide for a homestead exemption from municipal ad valorem taxes, except taxes levied to retire bonded indebtedness, which applies to the home stead of each resident of the City of Dacula actually occupied by the owner as a residence and homestead.
HB 1653. By Representative Wall of the 61st:
A bill to provide for a homestead exemption from municipal ad valorem taxes, except taxes levied to retire bonded indebtedness, which applies to the home stead of each resident of the City of Lawrenceville actually occupied by the owner as a residence and homestead.
HB 1654. By Representative Mobley of the 64th:
A bill to provide that each resident of the Barrow 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 $15,000.00 per annum shall be granted an exemption from all Barrow County School Dis trict taxes not exceeding $15,000.00 of the assessed value of such person's homestead.
HB 1659. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th:
A bill to provide that each resident of the Cherokee County School District who is 62 years of age or over and whose income from all sources, including the in come of all family members residing within said homestead, does not exceed $16,000.00 per annum shall be granted an exemption from all Cherokee County School District taxes on the full value of his homestead owned and occupied by him as a resident.

FRIDAY, FEBRUARY 12, 1988

729

HB 1492. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
A bill to amend Code Section 33-1-2 of the Official Code of Georgia Annotated, relating to definitions of terms regarding insurance, so as to include health care plans within the definition of insurer.
HB 1598. By Representatives Waldrep of the 80th, Thomas of the 69th, Pannell of the 122nd, Pettit of the 19th and Robinson of the 96th:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, so as to prohibit the destruction, alteration, or falsification of certain records.
HB 1414. By Representative Beck of the 148th:
A bill to amend Code Section 45-7-92 of the Official Code of Georgia Annotated, relating to oath, salary, expenses, and meetings of members of the State Commis sion on Compensation, so as to change the salary of the members of the commission.
HB 1576. By Representative Workman of the 51st:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," so as to exempt pressure vessels used for storage of liquid propane gas, 2,000 gallons and below under the jurisdiction of NFPA 58, and which are inspected on a regular basis by the state fire marshal or a local fire marshal.
HB 1570. By Representative Crawford of the 5th:
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 pro vide for restricted driving permits; to provide conditions under which such per mits may be issued; to provide for revocation of such permits.
HB 1619. By Representatives Orrock of the 30th and Childers of the 15th:
A bill to amend Code Section 43-39-8 of the Official Code of Georgia Annotated, relating to application for license to practice psychology, so as to change certain license requirements.
HB 1636. By Representatives Parham of the 105th, Atkins of the 21st and Parrish of the 109th:
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 listings of controlled sub stances and dangerous drugs.
HB 1535. By Representatives Murphy of the 18th, Groover of the 99th, Walker of the 115th, Lee of the 72nd, Colwell of the 4th and others:
A bill to amend Article 2 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to the fiscal affairs subcommittees of the Senate and House of Representatives, so as to require that certain leases of property by state au thorities must be approved by the fiscal affairs subcommittees.
SB 506. By Senator McKenzie of the 14th:
A bill to repeal an Act establishing the State Court of Macon County, as amended, so as to abolish the State Court of Macon County; to provide for the transfer of all pending civil and criminal cases to the Superior Court of Macon

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JOURNAL OF THE SENATE

County; to provide for the disposition of all suits, cases, papers, processes, books, indexes, and all other matters and materials of said court.
SB 449. By Senators Kennedy of the 4th, McKenzie of the 14th, Baldwin of the 29th and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the tiger swallow tail as the official state butterfly; to provide for related matters.
HB 1539. By Representatives Athon of the 57th and Mangum of the 57th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to provide limita tions and procedures relating to payment of stipends for participation in profes sional development programs.
HB 1540. By Representatives Smith of the 152nd, Crosby of the 150th, Dixon of the 151st, Moore of the 139th, Moody of the 153rd and others:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change the terms of court for the superior courts of the Waycross Judicial Circuit.
HB 1294. By Representative Prichard of the 8th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that in cases where visitation rights have been provided to the noncustodial parent, the custodial parent shall have to pro vide certain information concerning the resident of the child so that the noncus todial parent may satisfy his or her visitation rights.
HB 1456. By Representative Robinson of the 96th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," so as to provide that in contested cases involving a license to practice medicine or a license to practice dentistry in this state, the filing of an application for appeal or a notice of appeal shall not by itself stay enforcement of the agency decision.
HB 1355. By Representatives Thompson of the 20th, Hensley of the 20th, Smyre of the 92nd, Benefield of the 72nd, Clark of the 20th and others:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse, so as to provide for reporting of child abuse by certain persons.
HB 1497. By Representatives Isakson of the 21st, Watson of the 114th, Pannell of the 122nd, Groover of the 99th, Williams of the 48th and others:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to pro vide that advertising a telephone number which when called automatically im poses a per-call charge or cost to the consumer, other than regular charges for long-distance telephone service, shall be an unfair or deceptive practice unless the advertisement contains certain information.

FRIDAY, FEBRUARY 12, 1988

731

The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 746. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th, Lee of the 72nd, Connell of the 87th and others: A resolution relative to certain state property.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 475. By Senators Dean of the 31st, Kennedy of the 4th, Turner of the 8th 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, so as to revise the general provisions relative to the Department of Community Affairs; to provide for the continuation of the department; to provide definition of terms; to specify pur poses of the department; to provide for the Board of Community Affairs.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 639. By Senator Huggins of the 53rd: A bill to amend an Act creating a new charter for the City of LaFayette, as amended, so as to change and define the corporate limits of the City of LaFayette.
Referred to Committee on Urban and County Affairs.
SB 640. By Senators Barker of the 18th, Hudgins of the 15th, Langford of the 35th and others: A bill to amend Code Section 19-1-1 of the Official Code of Georgia Annotated, relating to child abuse protocol, so as to change the composition of the child abuse protocol committee.
Referred to Committee on Children and Youth.
SB 641. By Senators Newbill of the 56th, Barnes of the 33rd, Harrison of the 37th and Ragan of the 32nd: A bill to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, mental retardation, and sub stance abuse services, so as to provide for legislative findings; to provide for a child and adolescent drug screening program and for requirements, conditions, and procedures relating thereto; to provide for statutory construction.
Referred to Committee on Children and Youth.
SR 380. By Senators Phillips of the 9th, Turner of the 8th, Ragan of the 32nd and others: A resolution directing the Georgia Department of Community Affairs to conduct a thorough study on the most appropriate methods of gathering information re garding local government bonded indebtedness.
Referred to Committee on Urban and County Affairs (General).
SR 382. By Senator Engram of the 34th: A resolution urging the Georgia Peace Officer Standards and Training Council to include family violence in its educational curriculum for law enforcement personnel.
Referred to Committee on Public Safety.

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JOURNAL OF THE SENATE

SR 383. By Senator Engram of the 34th:
A resolution urging the Georgia Police Academy to develop and implement ad vanced training in the investigation of family and domestic violence for law en forcement personnel. Referred to Committee on Public Safety.
SR 384. By Senators Stumbaugh of the 55th, Starr of the 44th, Gillis of the 20th and Brannon of the 51st:
A resolution to form the Senate Government Competition with Private Enter prise Study committee to identify and study governmental activities that may be in competition with the private sector and to study the desirability of contracting out government services to the private sector. Referred to Committee on Economic Development and Tourism.
The following bills and resolution of the House were read the first time and referred to committees:
HB 751. By Representatives Lane of the 27th and Bostick of the 138th: A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to certain required equipment on vehicles, so as to require certain persons in certain vehicles to use seat belts.
Referred to Committee on Transportation.
HB 1294. By Representative Prichard of the 8th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that in cases where visitation rights have been provided to the noncustodial parent, the custodial parent shall have to pro vide certain information concerning the residence of the child so that the noncus todial parent may satisfy his or her visitation rights. Referred to Committee on Children and Youth.
HB 1355. By Representatives Thompson of the 20th, Hensley of the 20th and Smyre of the 92nd:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse, so as to provide for reporting of child abuse by certain persons. Referred to Committee on Children and Youth.
HB 1414. By Representative Beck of the 148th: A bill to amend Code Section 45-7-92 of the Official Code of Georgia Annotated, relating to oath, salary, expenses, and meetings of members of the State Commis sion on Compensation, so as to change the salary of the members of the commission.
Referred to Committee on Governmental Operations.
HB 1456. By Representative Robinson of the 96th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," so as to provide that in contested cases involving a license to practice medicine or a license to practice dentistry in this state, the filing of an application for appeal or a notice of appeal shall not by itself stay enforcement of the agency decision. Referred to Committee on Human Resources.

FRIDAY, FEBRUARY 12, 1988

733

HB 1475. By Representatives Thomas of the 69th, Cummings of the 17th and Murphy of the 18th:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to provide for the appointment of certain persons solely for the enforcement of such laws; to pro vide for discretion of the appointing authority; to provide for qualifications; to provide for an oath; to provide that persons appointed shall not be deemed peace officers. Referred to Committee on Transportation.
HB 1492. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
A bill to amend Code Section 33-1-2 of the Official Code of Georgia Annotated, relating to definitions of terms regarding insurance, so as to include health care plans within the definition of insurer. Referred to Committee on Insurance.
HB 1497. By Representatives Isakson of the 21st, Watson of the 114th, Pannell of the 122nd, Groover of the 99th, Williams of the 48th and others:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to pro vide that advertising a telephone number which when called automatically im poses a per-call charge or cost to the consumer, other than regular charges for long-distance telephone service, shall be unfair or deceptive practice unless the advertisement contains certain information. Referred to Committee on Public Utilities.
HB 1535. By Representatives Murphy of the 18th, Groover of the 99th, Walker of the 115th, Lee of the 72nd, Colwell of the 4th and others:
A bill to amend Article 2 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to the fiscal affairs subcommittees of the Senate and House of Representatives, so as to require that certain leases of property by state au thorities must be approved by the fiscal affairs subcommittees. Referred to Committee on Appropriations.
HB 1539. By Representatives Athon of the 57th and Mangum of the 57th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to provide limita tions and procedures relating to payment of stipends for participation in profes sional development programs. Referred to Committee on Education.
HB 1540. By Representatives Smith of the 152nd, Crosby of the 150th, Dixon of the 151st, Moore of the 139th, Moody of the 153rd and others:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change the terms of court for the superior courts of the Waycross Judicial Circuit. Referred to Committee on Judiciary.
HB 1570. By Representative Crawford of the 5th:
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 pro-

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JOURNAL OF THE SENATE

vide for restricted driving permits; to provide conditions under which such per mits may be issued; to provide for revocation of such permits. Referred to Committee on Transportation.
HB 1576. By Representative Workman of the 51st:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," so as to exempt pressure vessels used for storage of liquid propane gas, 2,000 gallons and below under the jurisdiction of NFPA 58, and which are inspected on a regular basis by the state fire marshal or a local fire marshal. Referred to Committee on Industry and Labor.
HB 1598. By Representatives Waldrep of the 80th, Thomas of the 69th, Pannell of the 122nd, Pettit of the 19th and Robinson of the 96th:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, so as to prohibit the destruction, alteration, or falsification of certain records. Referred to Committee on Judiciary.
HB 1619. By Representatives Orrock of the 30th and Childers of the 15th:
A bill to amend Code Section 43-39-8 of the Official Code of Georgia Annotated, relating to application for license to practice psychology, so as to change certain license requirements. Referred to Committee on Human Resources.
HB 1636. By Representatives Parham of the 105th, Atkins of the 21st and Parrish of the 109th:
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 listings of controlled sub stances and dangerous drugs. Referred to Committee on Human Resources.
HB 1658. By Representatives Wilson of the 20th, Clark of the 20th, Atkins of the 21st and others:
A bill to amend an Act reincorporating the City of Marietta, so as to provide that the city shall levy and collect an additional tax of not more than one mill on all real and personal property within the corporate limits of the city. Referred to Committee on Urban and County Affairs.
HB 1663. By Representatives Bargeron of the 108th and Ricketson of the 82nd:
A bill to provide for election of the chairman and the members of the board of education of Jefferson County. Referred to Committee on Urban and County Affairs.
HB 1664. By Representatives Bargeron of the 108th and Ricketson of the 82nd:
A bill to amend an Act fixing the compensation for the members of the board of commissioners of Jefferson County and the clerk of such board, so as to provide for an expense allowance for the chairman and other members of the board. Referred to Committee on Urban and County Affairs.

FRIDAY, FEBRUARY 12, 1988

735

HB 1666. By Representatives Stephens of the 68th, Thurmond of the 67th, Clark of the 13th and Milford of the 13th:
A bill to amend an Act providing a new charter for the City of Athens in Clarke County, so as to authorize the city to have and be authorized to exercise all rede velopment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers. Referred to Committee on Urban and County Affairs.
HB 1672. By Representative Hudson of the 117th:
A bill to amend an Act creating the Board of Commissioners of Wilcox County, so as to provide for the election of the members of the board. Referred to Committee on Urban and County Affairs.
HB 1652. By Representative Wall of the 61st:
A bill to provide for a homestead exemption from municipal ad valorem taxes, except taxes levied to retire bonded indebtedness, which applies to the home stead of each resident of the City of Dacula actually occupied by the owner as a residence and homestead. Referred to Committee on Urban and County Affairs.
HB 1653. By Representative Wall of the 61st:
A bill to provide for a homestead exemption from municipal ad valorem taxes, except taxes levied to retire bonded indebtedness, which applies to the home stead of each resident of the City of Lawrenceville actually occupied by the owner as a resident and homestead. Referred to Committee on Urban and County Affairs.
HB 1654. By Representative Mobley of the 64th:
A bill to provide that each resident of the Barrow 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 $15,000.00 per annum shall be granted an exemption from all Barrow County School Dis trict taxes not exceeding $15,000.00 of the assessed value of such person's homestead. Referred to Committee on Urban and County Affairs.
HB 1659. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th:
A bill to provide that each resident of the Cherokee County School District who is 62 years of age or over and whose income from all sources, including the in come of all family members residing within said homestead, does not exceed $16,000.00 per annum shall be granted an exemption from all Cherokee County School District taxes on the full value of his homestead owned and occupied by him as a residence. Referred to Committee on Urban and County Affairs.
HR 746. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th and others:
A resolution relative to the acquisition of certain state property in Atlanta, Fulton County, Georgia, near the World Congress Center, to provide for expan-

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JOURNAL OF THE SENATE

sion and a major sports complex; to provide requirement of certain guidelines for protection of the state's interest.
Referred to Committee on Public Utilities.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Agriculture has had under consideration the following resolutions and bill of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 366. Do pass. SR 370. Do pass. HB 1518. Do pass by substitute.
Respectfully submitted,
Senator McGill of the 24th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 435. Do pass by substitute.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 365. Do pass by substitute.

SB 564. HB 1377. HB 1491. HB 1493.

Do pass by substitute. Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation:
HB 1437. Do pass.
Respectfully submitted,
Senator Dawkins of the 45th District, Chairman

FRIDAY, FEBRUARY 12, 1988

737

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:

HB 768. HB 924. HB 1272.

Do pass by substitute. Do pass as amended. Do pass.

HB 1444. Do pass as amended. SB 624. Do pass by substitute.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 87. Do pass by substitute. HB 157. Do pass.

HB 719. Do pass. HB 1071. Do pass.

HB 278. Do pass.

HB 1321. Do pass.

HB 480. Do pass. HB 482. Do pass.

HB 1351. Do pass. HB 1512. Do pass.

Respectfully submitted,

Senator Timmons of the llth District, Chairman

Mr. President,

The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 513. Do pass by substitute. HB 1335. Do pass.
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 Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 599. Do pass. HB 1495. Do pass by substitute.
Respectfully submitted,
Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following

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bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 537. Do pass.

HB 1442. Do pass.

SB 628. Do pass.

HB 1465. Do pass.

HB 1238. Do pass.

HB 1496. Do pass.

HB 1357. Do pass.

SB 630. Do pass by substitute.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

The following bills and resolution of the Senate and House were read the second time:

SB 510. By Senator Allgood of the 22nd:
A bill to amend Code Section 44-13-100 of the Official Code of Georgia Anno tated, relating to property which may be exempted by debtors who are natural persons for purposes of bankruptcy, so as to provide an exemption for certain funds or property held on behalf of debtors under certain public retirement and pension plans and systems; to provide for related matters.

SB 616. By Senators Harrison of the 37th, Ragan of the 32nd, Barnes of the 33rd and Newbill of the 56th:
A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit; to provide for an additional supplement for the chief judge; to provide an effective date.

SB 620. By Senator Allgood of the 22nd:
A bill to amend Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances, so as to provide that all deeds conveying an interest in real property which has been used as a commercial landfill shall in clude notice of the landfill operations, the dates the landfill was in operation, a legal description of the location of the landfill, and a description of the type of materials deposited in the landfill.

HB 34. By Representatives Phillips of the 120th and Patten of the 149th:
A bill to amend Part 3 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Forest Fire Protection Act", so as to require a permit for the burning of any woods, lands, marshes, or other flamma ble or combustible materials or vegetation; to provide procedures and require ments for obtaining such permit.

HB 1169. By Representatives Porter of the 119th, Ware of the 77th, Buck of the 95th and Moore of the 139th:
A bill to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to authorize the use of pharmaceutical agents for treatment purposes by optometrists.

HB 1325. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide that in certain counties sessions of superior court may under certain conditions be held outside the county site in facilities of the state court.

FRIDAY, FEBRUARY 12, 1988

739

HB 1440. By Representatives Rainey of the 135th, Moody of the 153rd, Watts of the 41st, Greene of the 130th, Manner of the 131st and others:
A bill to amend Code Section 27-3-44 of the Official Code of Georgia Annotated, relating to killing of deer which have no antlers visible, so as to provide that it shall not be unlawful to hunt "antlerless or either-sex" deer on certain days in certain counties.

HB 1459. By Representatives Bostick of the 138th, Branch of the 137th, Sizemore of the 136th, Hudson of the 117th and Carter of the 146th:
A bill to authorize the governing authorities of the counties comprising the Tifton Judicial Circuit to provide for supplemental compensation for the judges of the superior court in the Tifton Judicial Circuit.

HB 1467. By Representative Jackson of the 9th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to require judges to notify the Department of Public Safety of certain convictions within ten days; to change provisions relating to the suspension of a driver's license for the failure to respond to a citation; to add to the list of offenses for which a probationary licensee may have the license revoked.

HB 1530. By Representatives Lawson of the 9th, Wood of the 9th and Jackson of the 9th:
A bill to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for sheriffs' services and the disposition of such fees, so as to change certain fees for the services of sheriffs in civil cases.

HR 631. By Representatives Wood of the 9th, Galer of the 97th, Bailey of the 72nd, Floyd of the 154th, Morton of the 47th and others:

A resolution authorizing the Georgia Veterans of Foreign Wars to place a bust of the late James H. "Sloppy" Floyd in the foyer of the James H. "Sloppy" Floyd Veterans Memorial Building.

The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Coleman Dawkins Deal Dean Echols Edge English

Engram Fincher Garner Gillis Harris Harrison Hine Huggins Johnson Kennedy Kidd Land McGill McKenzie Newbill

Olmstead Peevy Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not answering were Senators:

Broun (excused) Burton Coverdell Crumbley

Foster Howard Hudgins Langford

Perry Scott of 2nd Walker

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Senator Harrison of the 37th introduced the chaplain of the day, Reverend Gerald Thurman, pastor of Saint Andrews Methodist Church, Marietta, Georgia, who offered scrip ture reading and prayer.
The following resolution of the Senate was read and adopted:
SR 381. By Senator Barker of the 18th: A resolution commending James Plydell-Bouverie.
SENATE RULES CALENDAR Friday, February 12, 1988
TWENTY-FOURTH LEGISLATIVE DAY
SB 551 Deer Hunting--change bag limit (Nat R--16th) SB 594 Alligator Season--change (Nat R--8th) HB 1202 Certain Criminal, Traffic Cases--violation of bond (Pub S--28th) SR 265 Transfer of Historic Property--fair market value (Substitute) (B&F--25th) SB 529 Promotional Contests--delete provisions making certain ones unlawful (Substi
tute) (C Aff--20th) SB 574 Handicapped Parking Permits--change color (C Aff--34th) HB 1209 Veterinary Practice Act--license applications (Ag--10th) SB 597 Hazardous Waste Management Authority--liability of members, officers
(Nat R--33rd) HB 1163 Guardians and Trustees--authorize additional commissions (Judy--52nd) SR 347 Traffic Fees--additional fees for jail funding (Corr--33rd) SR 356 Arthur T. Bacon Bridge--designate (Trans--32nd) SB 442 Abandoned Motor Vehicle--determination of owner (Substitute) (Trans--18th) HB 1443 School Buses--certain speed to events, activities (Pub S--llth) SB 554 Special License Plates--founding of LaGrange College (Trans--29th) SB 505 Georgia College--special license plate commemorating (Trans--25th) SB 555 Merchants Selling Personal Property in Flea Markets--regulate (Substitute)
(C Aff--29th) SB 608 Handicapped Parking Spaces--standards (Amendment) (C Aff--34th) SR 336 Certain South Georgia Colleges--enhance status to universities (Amendment)
(H Ed--8th) SB 493 Surrogate Parenting--regulate (Substitute) (Amendment) (C&Y--33rd) HR 696 George T. Bagby State Park--naming (Substitute) (Nat R--20th) SB 615 Certain Municipal Primaries--candidate's agent may qualify (Gov Op--25th) HB 1328 Five-Year Metal License Plates--provide (Trans--1st) HB 1247 Insurers--provisions on certain investments (Ins- -55th) HB 1471 Unidentified Abandoned Motor Vehicle--disposition (Pub S--10th)
Respectfully submitted, /s/ Nathan Dean
Dean of the 31st, Chairman Senate Rules Committee

FRIDAY, FEBRUARY 12, 1988

741

Senator Gillis of the 20th assumed the Chair at the direction of the President.
Senator Crumbley of the 17th moved that the following bill of the House be withdrawn from the Senate Committee on Public Safety and committed to the Senate Committee on Judiciary:

HB 1273. By Representatives Rainey of the 135th, Moody of the 153rd, Twiggs of the 4th and others:
A bill to amend Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to provide for the regulation of dangerous dogs.
On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 1273 was with drawn from the Senate Committee on Public Safety and committed to the Senate Commit tee on Judiciary.
The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 551. By Senators Land of the 16th and Hudgins of the 15th:
A bill to amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, so as to change the bag limit for deer; to provide for the hunting of antlerless deer; to provide an effective date.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes
Bwen
Coman Crumbley Dawkins D ea l Dean Edge English

Engram Foster Garner Harris
Harrison Johnson
fdd Land McGm McKenzie Newbill Olmstead Peevy

Phillips Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Allgood Broun (excused) BCouvrteorndell
Echols
Fincher

Gillis (presiding) Hine THToward,
Hudgins
Huggins

Kennedy Langford ,,Perry
Starr
Timmons

On the passage of the bill, the yeas were 40, nays 0. The bill, having received the requisite constitutional majority, was passed.

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SB 594. By Senators Turner of the 8th, Gillis of the 20th, Ray of the 19th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definitions of "alliga tor product," "fur dealer," and "fur dealer's agent"; to change the season for hunting alligators; to change the provisions relating to taxidermists; to change the provisions relating to the hunting of alligators.

Senator Turner of the 8th offered the following amendment: Amend SB 594 by striking from line 22 on page 1 the following: "crocodile or", and inserting in lieu thereof the following:

"crocodrre".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen
Brannon B/yf * BCoulretomnan Crumbley
Dawkins Deal Dean Echols Edge

English Engram Pincher Foster Garner
Harris H arrison JHomhneson Kidd
Land Langford McGill McKenzie Newbill

Those not voting were Senators:

Allgood Broun (excused) Coverdell Gillis (presiding)

Howard Hudgins Huggins Kennedy

On the passage of the bill, the yeas were 44, nays 0.

Olmstead Peevy Phillips Ragan Of 32nd Rav
Scott of 2nd Scott of 36th ,,S,humak, e Stumbaugh
Tate Taylor Turner Tysinger Walker
Perry Ragan of 10th Starr Timmons

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1202. By Representative Ramsey of the 3rd:
A bill to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, known as the "Peace Officer and Prosecutor Training Fund Act of

FRIDAY, FEBRUARY 12, 1988

743

1983," so as to provide that the additional penalty in certain criminal and traffic cases and upon violation of bond shall be applicable to the magistrate courts.
Senate Sponsor: Senator Edge of the 28th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Bowen Brannon Burton Crumbley Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Garner Harris Harrison Mine
Huggins Johnson Kidd Land McGill McKenzie Newbill Olmstead

Peevy Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Turner Tysinger Walker

Voting in the negative was Senator Taylor.

Those not voting were Senators:

Allgood Barnes Broun (excused) Bryant Coleman

Coverdell Gillis (presiding) Howard Hudgins Kennedy

Langford Perry Starr Timmons

On the passage of the bill, the yeas were 41, nays 1.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 475. By Senators Dean of the 31st, Kennedy of the 4th, Turner of the 8th 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, so as to revise the general provisions relative to the Department of Community Affairs; to provide for the continuation of the department; to provide definition of terms; to specify pur poses of the department; to provide for the Board of Community Affairs.

The House amendment was as follows: Amend SB 475 by striking from lines 26, 27, and 28 of page 21 the following: "The board shall establish the compensation for the commissioner.",

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and inserting in lieu thereof the following:
"The compensation of the commissioner shall be and remain the same as presently es tablished and as hereafter fixed by Act of the General Assembly."

Senator Dean of the 31st moved that the Senate disagree to the House amendment to SB 475.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 475.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1276. By Representatives Dover of the llth and Murphy of the 18th:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to authorize local boards of edu cation to vary the length of school years under certain circumstances.

Senator Garner of the 30th moved that the Senate recede from the Senate amendment to HB 1276.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Bowen Brannon Burton Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Garner Harris Harrison Hine Huggins Johnson Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Tate Turner Tysinger

Voting in the negative were Senators Stumbaugh and Taylor.

Those not voting were Senators:

Allgood Barnes Broun (excused) Bryant Coleman

Coverdell Crumbley Gillis (presiding) Howard Hudgins

Kennedy Perry Starr Timmons Walker

On the motion, the yeas were 39, nays 2; the motion prevailed, and the Senate receded from the Senate amendment to HB 1276.

The President resumed the Chair.

FRIDAY, FEBRUARY 12, 1988

745

The following general resolution and bill of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:

SR 265. By Senator Kidd of the 25th:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that with respect to the transfer of any tangible real property on the National Register of Historic Places, the fair market value of such property for tax purposes shall be determined at the time of transfer and such value shall remain the same until a subsequent transfer thereof; to provide a cer tain condition to such special valuation of property; to provide for determination of fair market value of any such property; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section I, Paragraph III of the Constitution is amended by strik ing subparagraph (a) in its entirety and inserting in lieu thereof a new subparagraph (a) to read as follows:

"(a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (c) and (d), all taxation shall be uni form upon the same class of subjects within the territorial limits of the authority levying the tax."

Section 2. Said Article VII, Section I, Paragraph III is further amended by striking subparagraph (d) in its entirety and inserting in lieu thereof new subparagraphs (d) and (e) to read as follows:

"(d) With respect to the transfer of any tangible real property on the National Register of Historic places pursuant to the National Historic Preservation Act (16 U.S.C. 470, et seq.), the fair market value of such property for tax purposes shall be determined at the time of transfer and such value shall remain the same until a subsequent transfer thereof; provided, however, that the General Assembly by law may condition the granting of the special valuation of historic property on the owners of such property granting permission to the general public to tour such historic property at appropriate times as specified by law or rules and regulations. The fair market value of tangible real property on the National Regis ter of Historic Places transferred in a bona fide sale shall be the purchase price of such property. The fair market value of tangible real property on the National Register of His toric Places sold in conjunction with other property in the same transaction or transferred other than by a bona fide sale shall be determined by the local taxing authority the same as other property, provided that the fair market value determined at the time of transfer shall remain constant until a subsequent transfer thereof.

(e) The General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c)."

Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that with respect to the transfer of any tangible real property on the National Register of Historic Places, the fair market value of such property for tax purposes shall be de termined at the time of transfer and such value shall remain the same until a subsequent transfer thereof?"

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The Senate Committee on Banking and Finance offered the following substitute to SR 265:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that with respect to the transfer of any tangible real property on the National Register of Historic Places, the fair market value of such property for tax purposes shall be determined at the time of transfer and such value shall remain the same until a subsequent transfer thereof; to provide a cer tain condition to such special valuation of property; to provide for determination of fair market value of any such property; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section I, Paragraph III of the Constitution is amended by strik ing subparagraph (a) in its entirety and inserting in lieu thereof a new subparagraph (a) to read as follows:

"(a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (c) and (d), all taxation shall be uni form upon the same class of subjects within the territorial limits of the authority levying the tax."

Section 2. Said Article VII, Section I, Paragraph III is further amended by striking subparagraph (d) in its entirety and inserting in lieu thereof new subparagraphs (d) and (e) to read as follows:

"(d) With respect to the transfer of any tangible real property on the National Register of Historic Places pursuant to the National Historic Preservation Act (16 U.S.C. 470, et seq.), the fair market value of such property for tax purposes shall be determined at the time of transfer and such value shall remain the same until a subsequent transfer thereof; provided, however, that the General Assembly by law may condition the granting of the special valuation of historic property on the owners of such property granting permission to the general public to tour such historic property at appropriate times as specified by law or rules and regulations. The fair market value of tangible real property on the National Regis ter of Historic Places transferred in a bona fide sale shall be the purchase price of such property. The fair market value of tangible real property on the National Register of His toric Places sold in conjunction with other property in the same transaction or transferred other than by a bona fide sale shall be determined by the local taxing authority the same as other property, provided that the fair market value determined at the time of transfer shall remain constant until a subsequent transfer thereof.

(e) The General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c) or (d)."

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

Shall the Constitution be amended so as to provide that with respect to the transfer of any tangible real property on the National Register of Historic

FRIDAY, FEBRUARY 12, 1988

747

[ ] NO

Places, the fair market value of such property for tax purposes shall be de termined at the time of transfer and such value shall remain the same until a subsequent transfer thereof?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Brannon Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Garner Gillis Harris Harrison Hine Huggins Johnson Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Barnes Bowen Broun (excused)

Coverdell Howard Hudgins Kennedy

Perry Scott of 36th Starr

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.

SB 529. By Senators Gillis of the 20th, Ray of the 19th, English of the 21st and Kennedy of the 4th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to delete certain provisions designating certain practices concerning promotional giveaways or contests as unlawful, unfair, or deceptive acts or practices; to pro vide for definitions.

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The Senate Committee on Consumer Affairs offered the following substitute to SB 529:
A BILL
To be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to delete certain provisions designating certain practices concerning promotional give aways or contests as unlawful, unfair, or deceptive acts or practices; to provide for defini tions; to provide that it shall be unlawful for any person to promote, sponsor, or in any manner whatsoever conduct a promotional giveaway or contest in this state; to amend Code Section 16-12-20 of the Official Code of Georgia Annotated, relating to definitions regarding gambling and related offenses, so as to delete certain provisions excluding certain promo tional giveaways or other schemes from the definition of the term lottery; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," is amended by striking paragraph (16) of subsection (b) of Code Section 10-1-393, relating to unlawful, unfair, or deceptive acts or practices, which reads as follows:
"(16) Failure to comply with the following provisions concerning promotional giveaways or contests:
(A) For purposes of this paragraph, the term:
(i) 'Conspicuously,' when referring to type size, means either a larger or bolder type than the adjacent and surrounding material.
(ii) 'In conjunction with and in immediate proximity to,' when referring to a listing of verifiable retail value and odds for each prize, means that such value and odds must be adjacent to that particular prize with no other printed or pictorial matter between the value and odds and that listed prize.
(iii) 'Notice' means a written communication containing all of the disclosures required by this paragraph to be received by a participant.
(iv) 'Participant' means a person who is offered an opportunity to participate in a promotion.
(v) 'Prize' means a gift, award, or other item to be distributed in a promotion,
(vi) 'Promoter' means the person conducting the promotion.
(vii) 'Sponsor' means the person on whose behalf the promotion is conducted in order to promote or advertise the goods, services, or property of that person.
(viii) 'Verifiable retail value,' when referring to a prize, means:
(I) The price at which the promoter or sponsor can substantiate that a substantial num ber of those prizes have been sold at retail by someone other than the promoter or sponsor; or
(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.
(A.I) Persons who are offered an opportunity to participate in a promotion must be given a notice as required by this paragraph. The notice must be in the hands of the partici pant either prior to the person's traveling to the place of business or, if no travel by the participant is necessary, prior to any seminar, sales presentation, or other presentation, by whatever name denominated. Notices may be delivered by hand, by mail, by newspaper, or by periodical. Any offer to participate made through any other medium must be preceded by or followed by the required written notice at the required time. It is the intent of this

FRIDAY, FEBRUARY 12, 1988

749

paragraph that full, clear, and meaningful disclosure shall be made to the participant in a manner such that the participant can fully study and understand the disclosure prior to deciding whether to travel to the place of participation or whether to allow a presentation to be made in the participant's home; and that this paragraph be liberally construed to effect this purpose. The notice requirements of this paragraph shall be applicable to any promo tion offer made by any person in the State of Georgia or any promotion offer made to any person in the State of Georgia;
(B) The promotional giveaway or contest must be an advertising and promotional un dertaking, in good faith, solely for the purpose of advertising the goods, services, or prop erty, real or personal, of the sponsor. The notice shall contain the name and address of the promoter and of the sponsor, as applicable. The promoter and the sponsor may be held liable for any failure to comply with the provisions of this paragraph;
(C) Notwithstanding that a promotion in which there is a nominal charge for a prize is subject to regulation under this paragraph, that promotion shall be a violation of this para graph if a person is required to pay or furnish any consideration, other than the considera tion of traveling to the place of business or to the presentation or of allowing the presenta tion to be made in the participant's home, in order to receive any prize;
(D) Each notice must state the verifiable retail value of each prize which the participant has a chance of receiving. Each notice must state the odds of the participant's receiving each prize if there is an element of chance involved. The odds must be clearly identified as 'odds.' Odds must be stated as the total number of that particular prize which will be given and of the total number of notices. The total number of notices shall include all notices in which that prize may be given, regardless of whether it includes notices for other sponsors. 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 deceive or mislead the participant regarding the participant's chance of receiving the prize. The verifiable retail value and odds for each prize must be stated in conjunction and in immediate proximity with each listing of the prize in each place where it appears on the notice and must be listed in the same size type and same boldness as the prize. Odds and verifiable retail values may not be listed in any manner which requires the participant to refer from one place in the notice to another place in the notice to determine the odds and verifiable retail value of the particular prize. Verifiable retail values shall be stated in Arabic numerals;
(E) Upon arriving at the place of business or upon allowing the sponsor to enter the participant's home, the participant must be immediately informed which, if any, prize the participant will receive prior to any seminar, sales presentation, or other presentation; and the prize, or any voucher, certificate, or other evidence of obligation in lieu of the prize, must be given to the participant at the time the participant is so informed;
(F) No participant shall be required or invited to view, hear, or attend any sales presen tation, by whatever name denominated, unless such requirement or invitation has been con spicuously disclosed to the participant in the notice in at least ten-point boldface type;
(G) In the event any prize is offered or given which will require the participant to purchase additional goods or services, including shipping fees, handling fees, or any other charge by whatever name denominated, from any person in order to make the prize conform to what it reasonably appears to be in the mailing or delivery, such requirement and the additional cost to the participant must be clearly disclosed in each place where the prize is listed in the notice; this disclosure shall be made by using the following appropriately com pleted statement:
'You must pay $ _ in order to receive this item.'
This statement shall be in the same size type and same boldness as the prize listed;
(H) Any limitation on eligibility of participants must be clearly disclosed in the notice;
(I) Substitutes of prizes shall not be made. In the event the represented prize is un-

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available, the participant shall be presented with a certificate which the sponsor shall honor within 30 days by shipping the prize, as represented in the notice, to the participant at no cost to the participant. In the event a certificate cannot be honored within 30 days, the sponsor shall mail to the participant a valid check or money order for the verifiable retail value which was represented in the notice;
(J) In the event the participant is presented with a voucher, certificate, or other evi dence of obligation as the participant's prize, or in lieu of the participant's prize, it shall be the responsibility of the sponsor to honor the voucher, certificate, or other evidence of obli gation, as represented in the notice, if the person who is named as being responsible for honoring the voucher, certificate, or other evidence of obligation fails to honor it as repre sented in the notice;
(K) The geographic area covered by the notice must be clearly stated. If any of the prizes may be awarded to persons outside of the listed geographical area or to participants in promotions for other sponsors, these facts must be clearly stated, with a corresponding explanation that every prize may not be given away by that particular sponsor. If prizes will not be awarded or given if the winning ticket, token, number, lot, or other device used to determine winners in that particular promotion is not presented to the promoter or sponsor, this fact must be clearly disclosed;
(L) Upon request of the administrator, the sponsor or promoter must within ten days furnish to the administrator the names, addresses, and telephone numbers of persons who have received any prize;
(M) A list of all winning tickets, tokens, numbers, lots, or other devices used to deter mine winners in promotional contests involving an element of chance must be prominently posted at the place of business or distributed to all participants if the seminar, sales presen tation, or other presentation is made at a place other than the place of business. A copy of such list shall be furnished to each participant who so requests;
(N) Any promotion involving an element of chance which does not conform with the provisions of this paragraph shall be considered an unlawful lottery as defined in Code Sec tion 16-12-20. The administrator may seek and shall receive the assistance of the prosecut ing attorneys of this state in the commencement and prosecution of persons who promote and sponsor promotions which constitute an unlawful lottery;
(0) Any person who participates in a promotional giveaway or contest and does not receive an item which conforms with what that person, exercising ordinary diligence, reason ably believed that person should have received based upon the representations made to that person may bring the private action provided for in Code Section 10-1-399 and, if that per son prevails, shall be awarded, in addition to any other recovery provided under this part, a sum which will allow that person to purchase an item at retail which reasonably conforms to the prize which that person, exercising ordinary diligence, reasonably believed that person would receive; and
(P) In addition to any other remedy provided under this part, where a contract is en tered into while participating in a promotional giveaway or contest which does not conform with this paragraph, the contract shall be voidable by the participant for seven business days following the date of the contract. In order to void the contract, the participant must notify the sponsor in writing within seven business days following the signing of the contract;",
and inserting in its place a new paragraph (16) to read as follows:
"(16) Reserved;".
Section 2. Said part is further amended by adding a new Code section immediately

FRIDAY, FEBRUARY 12, 1988

751

following Code Section 10-1-393.1, to be designated Code Section 10-1-393.2, to read as follows:
"10-1-393.2. (a) As used in this Code section, the term:
(1) 'Participant' means a person who is offered an opportunity to participate in a promotion.
(2) 'Prize' means a gift, award, bonus, premium, or other item to be distributed in a promotion.
(3) 'Promoter' means the person conducting the promotion.
(4) 'Promotional giveaway or contest' means any advertising or promotional undertak ing offering a prize to a participant solely for the purpose of advertising the goods, services, or property, real or personal, of the sponsor.
(5) 'Sponsor' means the person on whose behalf the promotion is conducted in order to promote or advertise the goods, services, or property of that person.
(b) It shall be unlawful for any person to promote, sponsor, or in any manner whatso ever conduct a promotional giveaway or contest in this state."
Section 3. Code Section 16-12-20 of the Official Code of Georgia Annotated, relating to definitions regarding gambling and related offenses, is amended by striking paragraph (4) and inserting in its place a new paragraph (4) to read as follows:
"(4) 'Lottery' means any scheme or procedure whereby one or more prizes are distrib uted by chance among persons who have paid or promised consideration for a chance to win such prize, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enter prise, sale, policy game, or by some other name. A lottery shall also include the organization of chain letter or pyramid clubs as provided in Code Section 16-12-38."
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 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 B owen rannon
nBCoruylret.omnan Dawkins Deai Dean Echols Edge English Engram

Fincher Foster Garner
Gillis Harris Harrison Mine
HTHTouwggamrds Johnson Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Phillips
Ragan of 10th Ragan of 32nd Ray Scott of 2nd
SSouchoutmt aokife36th Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Broun (excused) Coverdell Crumbley

Hudgins Kennedy

Perry Starr

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Johnson of the 47th introduced Dee Dowis of Royston, Georgia, a second-year cadet at the United States Air Force Academy and the starting quarterback of the football team, who was commended by SR 291, adopted previously.

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 574. By Senator Engram of the 34th:
A bill to amend Part 2 of Article 10 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to define certain terms; to change the prescribed color of handicapped parking permits.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Bowen
BBuryrtaonnt Crumbley
Dawkins Deal Dean Echols

Edge Engram Fincher Foster
Gillis Harris
"
HHionwe ard Huggins
Kidd Land Langford McGill

McKenzie Olmstead Phillips Ragan of I0th
Ragan of 32nd ^
S_ humake Stumbaugh
Tate Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) Coleman Coverdell English Garner

Hudgins Johnson Kennedy Newbill Peevy

Perry Scott of 2nd Starr Taylor Timmons

On the passage of the bill, the yeas were 41, nays 0.

FRIDAY, FEBRUARY 12, 1988

753

The bill, having received the requisite constitutional majority, was passed.

HB 1209. By Representatives Reaves of the 147th, Moore of the 139th, Balkcom of the 140th and others:
A bill to amend Chapter 50 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Veterinary Practice Act," so as to change the definition of a certain term; to change the provisions relating to applications for licenses.
Senate Sponsor: Senator Ragan of the 10th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes BDBBourywrtaeonnnt Crumbley
Dawkins Deal Dean Echols Edge

English Fincher Foster Gillis Harris HHHITouingwegairndjs Kennedy
Kidd Land Langford McGill McKenzie

Olmstead Peevy Ragan of 10th Ragan Of 32nd p^av So0S,hcou*tm*t aok,efe3o6^ituh Stumbaugh
Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Broun (excused) Coleman Coverdell Engram

Garner Harrison Hudgins Johnson Newbill

Perry Phillips Scott of 2nd Starr Taylor

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 597. By Senators Barnes of the 33rd and Ray of the 19th:
A bill to amend Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste management, so as to expand the defini tion of "project"; to provide for certain powers and authorities of the Depart ment of Natural Resources relative to the Georgia Hazardous Waste Manage ment Authority; to limit certain liability of the members and officers and employees of the authority.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bryant BCruurmtobnley Dawkins Deal Dean Echols Edge

English Foster Garner Gillis Harris Harrison
2HTM oward, JHouhgngsionns
Kennedy Kidd Land McGill Olmstead

Peevy Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd
0S,cott o,f 36th ?Shtuummb.aakuegh,
Taylor Timmons Turner Tysinger Walker

Voting in the negative was Senator McKenzie.

Those not voting were Senators:

Broun (excused) Coleman Coverdell Engram

Fincher Hudgins Langford Newbill

Perry Starr Tate

On the passage of the bill, the yeas were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed.

Senator Barnes of the 33rd moved that SB 597 be immediately transmitted to the House.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 597 was immedi ately transmitted to the House.

HB 1163. By Representative Pannell of the 122nd:
A bill to amend Article 2 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to costs, compensation, and liabilities of guardians and sure ties, so as to authorize certain additional commissions to guardians and trustees.
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 Bryant Burton Crumbley

Dawkins Deal Dean Echols Edge

FRIDAY, FEBRUARY 12, 1988

755

English Fincher Foster Garner Gillis Harris Hine Howard Muggins

Johnson Kidd Land McGill McKenzie Olmstead Peevy Phillips Ragan of 10th

Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Tate Taylor Turner Tysinger

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Broun Coleman Coverdell Engram Harrison

Hudgins Kennedy Langford Newbill

Perry Shumake Timmons Walker

On the passage of the bill, the yeas were 42, nays 1.

The bill, having received the requisite constitutional majority, was passed.

SR 347. By Senators Barnes of the 33rd and Garner of the 30th:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for additional penalties or fees in any case in any court in this state in which a person is charged with an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state and for the allocation of such additional penalties or fees for the construction, operation, and staffing of jails, correctional institutions, and detention facilities by counties; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section IX, Paragraph VI of the Constitution is amended by ad ding at the end thereof a new subparagraph (g) to read as follows:

"(g) The General Assembly is authorized to provide by general law for additional penal ties or fees in any case in any court in this state in which a person is charged with an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state. The General Assembly is authorized to provide by general law for the allocation of such additional penalties or fees for the construction, operation, and staffing of jails, cor rectional institutions, and detention facilities by counties."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to authorize the General Assembly to provide by general law for additional penalties or fees in any case in any court in this state in which a person is charged with an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state and for the allocation of such additional penalties or fees for the construction, operation, and staffing of jails, correctional institutions, and detention facilities by counties?"

756

JOURNAL OF THE SENATE

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."," All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Bryant Burton Crumbley Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Garner Harris Harrison Hine Howard Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Broun (excused) Coleman

Coverdell Gillis Hudgins

Perry Shumake

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

SR 356. By Senators Ragan of the 32nd, Harrison of the 37th, Newbill of the 56th and Barnes of the 33rd:
A resolution designating the Arthur T. Bacon Bridge.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Barnes Bowen Brannon Bryant

Burton Coleman Deal Dean

FRIDAY, FEBRUARY 12, 1988

757

Echols Edge English incher
G?jJ?er Har'rSis Harrison Hine Howard Huggins

Johnson Kennedy Kidd Land
Langford McKenzie Olmstead Peevy Ragan of 10th Ragan of 32nd

Ray Scott of 36th Starr Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun (excused) COoruvmerbdleelyl Dawkins Engram

Foster Hudgins McGill Newbill

Perry Phillips Scott of 2nd Shumake

On the adoption of the resolution, the yeas were 43, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 442. By Senators Barker of the 18th and Coleman of the 1st:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to change certain provisions relating to ascertainment of the owners of certain motor vehicles; to prohibit the creation of certain liens; to provide for criminal penalties.

The Senate Committee on Transportation offered the following substitute to SB 442:

A BILL
To be entitled an Act to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to require that certain information and notices required to be given relative to abandoned motor vehicles shall be given by sworn statement; to require additional notices and information; to require that certain infor mation be forwarded to national entities; to provide for certain civil and criminal penalties when certain information and notices are not given; 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 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, is amended by striking Code Section 40-11-2, relating to the duty of persons removing or storing motor vehicles, which reads as follows:
"40-11-2. (a) Any person who removes a motor vehicle from public or private property at the request of someone other than the owner or who stores any motor vehicle which has been left unattended shall seek the identity of the owner of such vehicle and shall, within 15 days of the day such vehicle became an abandoned motor vehicle, give notice in writing to the Department of Revenue and the Georgia Bureau of Investigation, stating the manufac turer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, and the present location of such vehicle, and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, he shall check the

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JOURNAL OF THE SENATE

motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle.
(b) Upon ascertaining the owner of such motor vehicle, the person removing or storing such vehicle shall, within three days, by certified or registered mail, notify the owner, les sors, lessees, security interest holders, and lienholders of the location of such vehicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(c) If the identity of the owner of such motor vehicle cannot be ascertained, the person removing or storing such vehicle shall place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its li cense and manufacturer's vehicle identification numbers, the location where such vehicle was initially left unattended by the owner, the present location of such vehicle, and the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.",
and inserting in lieu thereof a new Code Section 40-11-2 to read as follows:
"40-11-2. (a) Any person who removes a motor vehicle from public or private property at the request of some one other than the owner or who stores any motor vehicle which has been left unattended shall seek the identity of the owner of such vehicle and shall, within seven calendar days of the day of such removal or the beginning of storage or within seven calendar days of the day such vehicle became an abandoned motor vehicle, give notice in writing, by sworn statement, to the Department of Revenue and the Georgia Bureau of In vestigation, stating the manufacturer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, the model year and make of the vehicle, the date the vehicle became an abandoned motor vehicle, the date the vehicle was towed, and the present location of such vehicle, and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, he shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle.
(b) Upon ascertaining the owner of such motor vehicle, the person removing or storing such vehicle shall, within three days, by certified or registered mail, notify the owner, les sors, lessees, security interest holders, and lienholders of the location of such vehicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(c) If the identity of the owner of such motor vehicle cannot be ascertained, the person removing or storing such vehicle shall place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its li cense and manufacturer's vehicle identification numbers, the location where such vehicle was initially left unattended by the owner, the present location of such vehicle, and the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(d) Information forwarded to the Georgia Bureau of Investigation as required by sub section (a) of this Code section shall be placed by the bureau on the National Crime Infor mation Center Network.
(e) Any person storing a vehicle under the provisions of subsection (a) of this Code section shall notify the Department of Revenue and the Georgia Bureau of Investigation if the vehicle is recovered, claimed by the owner, is determined to be stolen, or for any reason

FRIDAY, FEBRUARY 12, 1988

759

is no longer an abandoned motor vehicle. Such notice shall be provided within seven days of such event.
(f) If vehicle information on the abandoned motor vehicle is not in the files of the De partment of Revenue, the department shall require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vehicle.
(g) Any person who does not provide the notice and information required by subsection (a), subsection (e), or subsection (f) of this Code section shall not be entitled to any storage fees; provided, however, that this limitation shall not apply to governmental agencies.
(h) Any person who provides false or misleading information when providing any notice or information as required by this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor."
Section 2. Said title is further amended by adding at the end of Code Section 40-11-3, relating to peace officers' removing vehicles, a new subsection (d) to read as follows:
"(d) (1) Any peace officer who causes a motor vehicle to be removed to a garage or other place of safety shall within 24 hours:
(A) Notify the Department of Revenue, the Georgia Bureau of Investigation, and the National Crime Information Center Network of the location to which such motor vehicle has been removed; and
(B) If available on the National Crime Information Center Network, determine the name and address of the last known registered owner of such vehicle.
(2) If the name and address of the last known registered owner of the unattended motor vehicle is obtained from the National Crime Information Center Network, the peace officer who causes the unattended motor vehicle to be removed shall, within three days, make available to the person removing such motor vehicle the name and address of the last known registered owner of such motor vehicle."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes BBrawnennon BCoulretomnan Deal Dean Echols Edge English Fincher

Garner Gillis Harris Harrison
Hine HHugwgamrds JKoehnnnseodny Kidd Land McGill Newbill Olmstead Peevy

Phillips Ragan of 10th Ragan of 32nd Rav
Scott of 2nd gS.cott of 36th S,,,tumb, augh, Tate Taylor Timmons Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Broun (excused) Bryant
Coverdell Crumbley

Dawkins Engram
Foster Hudgins

Langford McKenzie
Perry Shumake

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 1443. By Representatives Rainey of the 135th, Mangum of the 57th, Cummings of the 17th, Peters of the 2nd, Moore of the 139th and others:
A bill to amend Code Section 40-6-160 of the Official Code of Georgia Annotated, relating to speed limits for school buses, so as to provide for a speed limit when school children are being transported to or from an event or school activity and children are not being loaded or unloaded during such transportation.
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 Baldwin Barker Barnes Bwen Brannon Burton CCroulemmbaleny
Deal
Dean
Echols
Edge
English Fincher

Garner Gillis Harris Harrison Hine Howard Huggms JKoehnnnseodny
Kidd
Land
McGill
McKenzie
Newbill Olmstead

Peevy Phillips Ragan of 32nd jjay Scott of 2nd Scott of 36th Starr cSt, umb, augh,
Tate
Taylor
Timmons
Turner
Tysinger Walker

Those not voting were Senators:

Allgood Broun (excused) Bryant Coverdell

Dawkins Engram Foster Hudgins

Langford Perry Ragan of 10th Shumake

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 554. By Senator Baldwin of the 29th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so

FRIDAY, FEBRUARY 12, 1988

761

as to provide for special license plates to commemorate the founding of LaGrange College.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On 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 Burton Coleman Crumbley Dawkins Dean Echols Edge Fincher Garner

Harris Harrison Hine Howard Huggins Johnson Kennedy Kidd Land Langford McGill Newbill Olmstead

Peevy Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Walker

Those not voting were Senators:

Allgood Bowen Brannon Broun (excused) Bryant Coverdell

Deal English Engram Foster Gillis Hudgins

McKenzie Perry Ragan of 10th Shumake Tysinger

On the passage of the bill, the yeas were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

SB 505. By Senator Kidd of the 25th:
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 Georgia College.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Burton Crumbley

Deal Dean Echols English Fincher

Garner Gillis Harris Harrison Hine

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JOURNAL OF THE SENATE

Howard Huggins Johnson Kidd Land McGill Newbill

Olmstead Peevy Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr

Stumbaugh Tate Taylor
Timmons Turner Tysinger Walker

Voting in the negative was Senator Albert.

Those not voting were Senators:

Allgood Bowen Brannon Broun (excused) Bryant
Coleman
Coverdell

Dawkins E(jge Engram
Foster Hudgins Kennedy (presiding)

Langford McKenzie Perry Phillips Ray Shumake

On the passage of the bill, the yeas were 36, nays 1.

The bill, having received the requisite constitutional majority, was passed.

SB 555. By Senator Baldwin of the 29th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate merchants who sell personal prop erty in flea markets; to define certain terms; to require licenses; to provide excep tions; to provide for license fees; to require flea market merchants to maintain permanent records of goods purchased for purposes of resale.

The Senate Committee on Consumer Affairs offered the following substitute to SB 555:

A BILL
To be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate merchants who sell personal prop erty in flea markets; to define certain terms; to provide exceptions; to provide for license fees; to require flea market merchants to maintain permanent records of goods purchased for purposes of resale; to prohibit a flea market merchant or flea market owner from taking certain actions or failing to take certain actions; to provide a penalty; to provide for applica bility with respect to local ordinances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding between Chapters 16 and 17 a new Chapter 16A to read as follows:
"CHAPTER 16A
43-16A-1. As used in this chapter, the term:
(1) 'Flea market' means any location where a merchant who does not have a permanent place of business congregates and leases or shares space to sell items of used personal prop erty or used and new personal property on a periodic but not daily basis. Such term shall not include:
(A) A farmers' market as provided for in Article 2 of Chapter 10 of Title 2;
(B) An industry or association trade show;

FRIDAY, FEBRUARY 12, 1988

763

(C) A garage sale or estate sale;
(D) An antique show or craft show; or
(E) An auction.
(2) 'Flea market merchant' means a merchant who sells personal property to the general public from a booth or location in a flea market. Such term shall not include a nonprofit organization.
(3) 'Flea market owner' means the owner of a location who leases space to flea market merchants.
43-16A-2. (a) Every flea market merchant shall maintain a permanent record in which shall be entered in legible English the following information concerning the property to be sold:
(1) The date of the purchase of the property to be sold;
(2) The name, address, and social security number of the person from whom the prop erty to be sold was purchased;
(3) A general description of the property to be sold; provided, however, if said property consists of no more than ten items, a precise identification and description of each item shall be required, including, if reasonably available, the serial, model, or other number, and all identifying marks inscribed thereon;
(4) The price for which the property is sold;
and
(5) The name, address, and telephone number of the purchaser.
(b) Entries shall appear in ink and shall be in chronological order. No blank lines may be left between entries. No obliterations, alterations, or erasures may be made. Corrections shall be made by drawing a line of ink through the entry without destroying its legibility. The record shall be open to the inspection of any duly authorized law enforcement officer during the ordinary hours of business or at any reasonable time.
(c) The record of each transaction provided for in this Code section shall be maintained with the flea market owner for a period of not less than four years.
43-16A-3. Any flea market merchant or flea market owner and any clerk, agent, or em ployee of such flea market merchant or flea market owner who shall:
(1) Fail to make an entry of any material matter in a permanent record required by this chapter;
(2) Make any false entry therein;
(3) Falsify, obliterate, or destroy such permanent record;
(4) Refuse to allow any duly authorized law enforcement officer to inspect his perma nent record or any goods in his possession during the ordinary hours of business or at any reasonable time; or
(5) Fail to maintain a record of each purchase for at least four years,
shall be guilty of a misdemeanor.
43-16A-4. Nothing in this chapter shall supersede existing local ordinances nor relieve a flea market merchant from the necessity of complying with them. The requirements of local ordinances shall be construed as cumulative to this chapter."
Section 2. 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 SB 555 offered by the Senate Committee on Consumer Affairs

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by deleting subparagraph (1), lines 16 and 17 on page 2, and substituting in lieu thereof the following:
"(1) The date the property to be sold was purchased or obtained by the flea market merchant along with the name and address of the person, persons or company from whom said property was purchased or obtained;",
and further by deleting subparagraph (2), lines 18, 19 and 20 on page 2, and substituting in lieu thereof the following:
"(2) The name, address, telephone number, and social security number of the flea mar ket merchant;".

On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon Burton Coleman Crumbley Dawkins Dean Echols Edge

Fincher Gillis Harris Harrison Howard Johnson Kidd Land McGill Newbill Olmstead Phillips

Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Walker

Those voting in the negative were Senators:

Deal

Peevy

Hine

Taylor

Those not voting were Senators:

Barker Bowen Broun (excused) Bryant Coverdell English

Engram Foster Garner Hudgins Huggins Kennedy (presiding)

Langford McKenzie Perry Shumake Tysinger

On the passage of the bill, the yeas were 35, nays 4.

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:

FRIDAY, FEBRUARY 12, 1988

765

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1278. By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to change provisions relating to selection of members of such boards; to provide that persons selected to serve as members must be qualified and competent to serve as grand jurors but need not be on the current grand jury list.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 608. By Senators Engram of the 34th, Garner of the 30th and Edge of the 28th:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped per sons, so as to provide that the resurfacing, restriping, or repainting of a parking facility shall be classified as a renovation; to provide for standards for certain handicapped parking spaces.

The Senate Committee on Consumer Affairs offered the following amendment: Amend SB 608 by striking on line 23 of page 4 the following: "(A4.62)", and inserting in lieu thereof the following: "(A4.6.2)".

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 Barnes Brannon BC.-, ruurmtob,n,ley Deal Dean
Echols
Edge
English Engram

Fincher Garner Gillis Harris Harrison uHHoinweardj Huggins Johnson
Kidd
Land
McGill Newbill

Peevy Ragan of 10th Ragan of 32nd jjay Scott of 2nd S0,, co,t,t off 3oc6.thu ^arr Stumbaugh
Tate
Turner
Tysinger Walker

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Those not voting were Senators:

Barker Bowen Broun (excused) Bryant Coleman Coverdell

Dawkins Foster Hudgins Kennedy (presiding) Langford McKenzie

Olmstead Perry Phillips Shumake Taylor Timmons

On the passage of the bill, the yeas were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 336. By Senators Turner of the 8th, Kennedy of the 4th and Kidd of the 25th:
A resolution to commend the Board of Regents of the University System of Geor gia; to recommend the enhancement of two four-year colleges in south Georgia to the status of universities.

The Senate Committee on Higher Education offered the following amendment:
Amend SR 336 by striking from the next-to-last paragraph beginning on line 12 of page 2 the following:
"takes the necessary action to enhance the status of two four-year colleges in south Georgia to that of a university",
and inserting in lieu thereof the following:
"continue to study the merits and effect of changing the status of two four-year colleges to that of university level".

On the adoption of the amendment, the yeas were 33, nays 6, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon CCorulemmbalney
Deal
Dean
Echols
English Engram

Gillis Harris Harrison Hine Howard Huggms JKoihdndson
Land
McGill
Newbill
Olmstead Peevy

Phillips Ragan of 10th Ragan of 32nd Rav Scott of 2nd Starr S0 t. umb, augh,
Taylor
Timmons
Turner
Tysinger Walker

Those not voting were Senators:

Bowen

Broun (excused)

Bryant

FRIDAY, FEBRUARY 12, 1988

767

Burton Coverdell Dawkins Edge Fincher

Foster Garner Hudgins Kennedy (presiding) Langford

McKenzie Perry Scott of the 36th Shumake Tate

On the adoption of the resolution, the yeas were 38, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

The following bill of the House was read the first time and referred to committee:

HB 1278. By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to change provisions relating to selection of members of such boards; to provide that persons selected to serve as members must be qualified and competent to serve as grand jurors but need not be on the current grand jury list.
Referred to Committee on Banking and Finance.

Senator Echols of the 6th introduced the doctor of the day, Dr. Yvonne Lott, of Bruns wick, Georgia.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 797. By Representatives Murphy of the 18th and Lee of the 72nd: A resolution relative to adjournment.

The following general resolution of the House was read and put upon its adoption:

HR 797. By Representatives Murphy of the 18th and Lee of the 72nd:
A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, February 12, 1988, and to reconvene at 10:00 o'clock A.M. on Monday, February 15, 1988.

On the adoption of the resolution, the yeas were 34, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

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The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 493. By Senators Barnes of the 33rd, Olmstead of the 26th and Coverdell of the 40th:
A bill to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the parent and child relationship generally, so as to regulate surrogate parenting and the rights, responsibilities, and agreements relating thereto.
The Senate Committee on Children and Youth offered the following substitute to SB 493:
A BILL
To be entitled an Act to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the parent and child relationship generally, so as to regulate surro gate parenting and the rights, responsibilities, and agreements relating thereto; to provide that a child born to a surrogate mother by means of artificial insemination or in vitro fertili zation pursuant to an approved surrogate parenting agreement shall be deemed to be the legitimate, natural child of the intended parents; to provide for exceptions; to provide for definitions; to provide for jurisdiction, venue, practices, procedures, and requirements for review and approval of surrogate parenting agreements; to provide for examinations; to pro vide for limitations of actions; to provide that certain records shall be sealed by the court; to provide for hearings, orders, custody, and determination of rights and issues; to limit the amount of certain attorney's fees; to provide for birth certificates; to prohibit certain con duct and provide penalties therefor; to amend Code Section 31-10-9 of the Official Code of Georgia Annotated, relating to registration of births, so as to provide for registration of births of children born pursuant to a surrogate parenting agreement; to provide for prac tices, procedures, and requirements in connection therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the parent and child relationship generally, is amended by adding at the end of Code Sec tion 19-7-20, relating to what children are legitimate, a new subsection (d) to read as follows:
"(d) Any child born to a surrogate mother by means of artificial insemination or in vitro fertilization pursuant to an approved surrogate parenting agreement as described in Article 4 of this chapter shall be deemed to be the legitimate, natural child of the intended parents, as defined in Article 4 of this chapter, for all purposes unless a paternity test conducted pursuant to Article 4 of this chapter shall determine that the intended father is not biologi cally related to the child."
Section 2. Said chapter is further amended by striking Code Section 19-7-21, relating to when children conceived by artificial insemination are legitimate, and inserting in lieu thereof a new Code Section 19-7-21 to read as follows:
"19-7-21. All children born within wedlock or within the usual period of gestation there after who have been conceived by means of artificial insemination are irrebuttably presumed legitimate if both spouses have consented in writing to the use and administration of artifi cial insemination. Any child born to a surrogate mother by means of artificial insemination or in vitro fertilization pursuant to an approved surrogate parenting agreement as described in Article 4 of this chapter shall be deemed to be the legitimate, natural child of the in tended parents, as defined in Article 4 of this chapter, for all purposes unless a paternity test conducted pursuant to Article 4 of this chapter shall determine that the intended father is not biologically related to the child."

FRIDAY, FEBRUARY 12, 1988

769

Section 3. Said chapter is further amended by adding at the end thereof a new Article 4 to read as follows:
"ARTICLE 4
19-7-70.(a) The General Assembly finds that, due to the increased incidence of female infertility, many couples are turning to surrogate mothers to help them create families.
(b) The General Assembly further determines that the legal status of children born under surrogate parenting arrangements is currently uncertain. Consequently, when supe rior courts in this state are called upon to interpret or enforce surrogate parenting agree ments, they must decide issues, such as the status of the child, without the guidance of statute. Therefore, the General Assembly must act to protect the best interest of children who will result from the practice of surrogate parenting.
(c) The purposes of this article are:
(1) To ensure that the child born in fulfillment of a surrogate parenting agreement has a permanent home and settled rights to inheritance;
(2) To define and delineate the rights and responsibilities of the intended parents, the surrogate mother, and her husband;
(3) To facilitate private reproductive choices by effectuating the parties' intentions:
(4) To minimize the risk to the parties;
(5) To prohibit profit-making by a surrogate mother;
(6) To ensure that the only fees involved will be restricted to necessary and reasonable medical, legal, and insurance expenses; and
(7) To ensure informed and voluntary decision making.
19-7-71. As used in this article, the term:
(1) 'Child' means a child or children conceived by and born to a surrogate mother fol lowing artificial insemination pursuant to the provisions of a surrogate parenting agreement or a child or children conceived through in vitro fertilization and born to a surrogate mother pursuant to the provisions of a surrogate parenting agreement.
(2) 'Independent mental health care professional' means a person who is licensed to practice psychiatry, psychology, or clinical social work by the state and who has no compen sated business relationship with any person, firm, or entity required by this article to pro vide an affidavit of fees received or given pursuant to a surrogate parenting agreement.
(3) 'Infertile woman' means a woman who, as determined by a physician licensed to practice in this state:
(A) Has been unable to conceive for a period of three years while not practicing birth control;
(B) Is incapable of conceiving a child or of carrying a child to term without significant risks to her life or health or to her child's life or health; or
(C) Is sterile.
(4) 'Intended parents' means an infertile woman and her husband who meet the re quirements contained in subsection (a) of Code Section 19-8-2 for the adoption of a child and who enter into a surrogate parenting agreement.
(5) 'Party' means the surrogate mother, her husband, if any, and the intended parents.
(6) 'Surrogate mother* means a woman who is over 21 years of age, already has borne a child, and enters into a surrogate parenting agreement.
(7) 'Surrogate parenting agreement' means a written contract entered into by the in tended parents and a surrogate mother which conforms to the requirements of Code Section

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19-7-74, whereby the surrogate mother agrees to be inseminated by the sperm of the hus band of an infertile woman and to carry the child to term, or consents to carry to term the embryo or zygote produced by the intended parents through the process of in vitro fertiliza tion and consents to the surrender of the child to the intended parents upon the birth of the child.
19-7-72. (a) The superior courts shall have jurisdiction over petitions for judicial review and approval of surrogate parenting agreements pursuant to this article.
(b) A petition for judicial review and approval of a surrogate parenting agreement shall be brought in the county where the surrogate mother resides. When the surrogate mother is not a resident of this state, the petition shall be filed in the county where the intended parents reside.
19-7-73. Any agreement to accomplish the purposes of a surrogate parenting agreement which does not receive judicial approval as described in this article shall be deemed null and void and shall not have any force or effect in this state.
19-7-74. (a) A surrogate parenting agreement shall include, but not be limited to, the following provisions:
(1) That the agreement is not binding and enforceable until approved by a superior court of appropriate jurisdiction;
(2) That the surrogate mother agrees to be inseminated with the sperm of the husband of the infertile woman or be implanted with an embryo or zygote which has been conceived through the process of in vitro fertilization and, in either case, to carry the child to term and then relinquish the custody of and all parental rights and responsibilities to the child or children conceived in either manner to the intended parents immediately after the child's birth;
(3) That the intended parents agree that upon the birth of the child they will accept and take custody of the child and assume all parental rights and responsibilities;
(4) That the surrogate mother shall have control of all medical decisions relating to her pregnancy consistent with the laws of this state, but that the surrogate mother and the intended father shall agree upon what constitutes appropriate prenatal care;
(5) That all reasonable and necessary medical expenses incurred by the surrogate mother in the performance of a surrogate parenting agreement shall be the responsibility of the intended parents;
(6) That the contract shall contain provisions for term life and health insurance for the surrogate mother with the beneficiary of her choice and term life insurance for the intended parents with the child or children named as beneficiary for a term and amount as shall be determined by the parties. The cost of any such life or health insurance shall be the obliga tion of the intended parents;
(7) That the surrogate mother agrees to undergo medical examination, to be paid for by the intended parents, for the following:
(A) Sexually and genetically transmitted diseases;
(B) Pregnancy; and
(C) Fertility;
(8) That the natural father agrees to undergo medical examinations for sexually and genetically transmitted diseases immediately prior to the donation of semen;
(9) That upon the request of any party the child and the intended father shall undergo a paternity test immediately upon the birth of the child and that the results of such test shall be submitted a soon as practical after the birth of the child to the court to which the petition for judicial approval is submitted under Code Section 19-7-75, along with a request for a hearing under Code Section 19-7-79;

FRIDAY, FEBRUARY 12, 1988

771

(10) That the information required in paragraphs (7), (8), and (9) of this subsection be made available to all parties; and
(11) That any cause of action arising from a surrogate parenting agreement shall be limited to an action for breach of contract and an action for enforcement of the terms of the agreement. Remedies for breach of contract shall be limited to money damages in the amounts described in the agreement.
(b) The surrogate mother shall have access to legal counsel of her own choosing during negotiation and execution of the surrogate parenting agreement, the cost of which shall be the responsibility of the intended parents; provided, however, that such attorney's fees shall not exceed $1,000.00. The surrogate mother may waive the right to counsel in writing, with such writing to be annexed to the petition. Under no circumstances, however, shall both the surrogate mother and intended parents be represented by the same attorney at any stage of these proceedings.
19-7-75. (a) Petition for judicial approval and review of a surrogate parenting agreement shall be verified by the intended parents and shall set forth the intended parents' names and address, the name and address of the proposed surrogate mother, or if such is not known to petitioners, that of her legal representative, together with a statement that each of the intended parents understands that upon the birth of the child each such parent shall have full legal and parental responsibiltities toward the child; and a statement of any and all fees paid or to be paid by or on behalf of the intended parents in connection with the surrogate parenting agreement.
(b) The petition shall have annexed thereto the following documents:
(1) The proposed surrogate parenting agreement;
(2) A physician's affidavit setting forth the grounds for his determination that the in tended mother is likely an infertile woman;
(3) A physician's affidavit stating that at the time of the examination the surrogate mother is likely to be fertile and not likely to be pregnant and stating further the presence or absence of sexually or genetically transmitted diseases;
(4) A physician's affidavit stating that the husband of the infertile woman has been tested for sexually and genetically transmitted diseases and stating the presence or absence of such diseases;
(5) A description or the results of any tests of any significant physical or mental disease, disorder, congenital defect, or other health problem of the intended parents or of any mem ber of their immediate families; and
(6) A duly acknowledged consent by the surrogate mother's husband to her execution of the surrogate parenting agreement, if the surrogate mother is married at the time the surro gate parenting agreement is executed.
19-7-76. (a) Within 30 days from the date of the filing of the petition, the court shall schedule a hearing, which shall be held in chambers and shall not be open to the public, at which the surrogate mother and the intended parents shall be examined as set forth in this Code section. In the event the identity of the surrogate mother is unknown to the intended parents, the court shall provide for a separate hearing for the surrogate mother and her attorney. In the presence of counsel, the court shall examine the parties under oath as to the surrogate parenting agreement, to determine the following:
(1) That the party being examined has freely and knowingly entered into the agreement;
(2) That the party being examined is fully informed as to all aspects of the agreement and the proceeding, and of that party's rights and obligations under the agreement and in the proceeding;

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(3) That the intended parents understand that upon the birth of the child they will have full parental responsibilities, including the duty of support of such child;
(4) That the surrogate mother understands that upon the birth of the child, she will have no parental rights in and to such child; and
(5) Any other information the court in its discretion deems necessary to ascertain the validity of the surrogate parenting agreement.
(b) Upon such hearing, the court shall order each party to receive such counseling from a licensed independent mental health care professional as the court shall deem appropriate or as requested to any party.
(c) After receiving the affidavits listing the fees and expenses to be paid in connection with the surrogate parenting agreement, the court shall review such affidavits in order to determine that such fees and expenses are just and reasonable and that attorney's fees do not exceed the maximum amount provided in subsection (b) of Code Section 19-7-74.
(d) The petition and the records of all hearings held in the proceeding under this article shall be sealed by the court. The petition and the records may only be examined by the intended parents, the surrogate mother, the child, or their attorneys when, after written petition has been presented to the court having jurisdiction, the matter has come before the court in chambers and the court has entered an order permitting such examination. Upon the request of a provider of medical services to the intended parents, the surrogate mother, or the child when certain information is necessary because of a medical emergency or for medical diagnosis or treatment, the court, acting in its sole discretion, may add subse quently obtained medical information to the records or release nonidentifying medical infor mation contained in the records.
19-7-77. Upon receipt of affidavits from the independent mental health professional as directed by the court, the court shall cause the intended parents, surrogate mother, and their counsel to appear, and at such appearance the court shall make a finding that the affidavits show that a mental health professional has counseled the parties as to the emo tional and psychological consequences of surrogate parenting, and that they are entering into such agreement fully informed. At such time, the court shall require the parties to execute consents to the surrogate parenting agreement. In the event that the court is not satisfied that the surrogate parenting agreement protects the health and welfare of the po tential child, or that the parties to the surrogate parenting agreement are presently capable of giving informed consent, the court shall make such other order or disposition as it may deem just and proper. Upon approval of the agreement, the court shall require the parties to execute consents. The court shall also order that the court shall be notified of the birth of the child within five days following the birth of the child.
19-7-78. Upon approval of the agreement, the agreement shall be deemed enforceable for all purposes and the child shall be deemed at birth the legitimate, natural child of the intended parents for all purposes, unless a paternity test conducted pursuant to this article demonstrates that the intended father is not biologically related to the child.
19-7-79. (a) The court shall be notified by any party immediately upon the birth of the child. Upon receipt of such notice, the court shall schedule a hearing in chambers which shall be held as soon as practical. The purposes of this final hearing are:
(1) To hear and determine any issues concerning the surrogate parenting agreement or any prior order of the court; and
(2) To review the results of any paternity test requested pursuant to paragraph (9) of subsection (a) of Code Section 19-7-74.
(b) If the court determines at such hearing that the intended father is not the biological father of the child, the court shall award custody of the child to the surrogate mother or take such other action as shall be in the best interest of the child; otherwise the court shall enter an order declaring the child to be the legitimate, natural child of the intended parents and requiring that a certificate of birth be filed within ten days following the issuance of the

FRIDAY, FEBRUARY 12, 1988

773

order and showing the child to be the legitimate, natural child of such parents. Following the issuance of such order by the court, the child shall be conclusively presumed to be the legitimate, natural child of the intended parents. Any right or issue which is not raised by a party at such hearing is waived by such party.
19-7-80. Any person, agency, association, corporation, institution, society, or organiza tion entering into a surrogate parenting arrangement and receiving or paying fees without court approval shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years."
Section 4. Code Section 31-10-9 of the Official Code of Georgia Annotated, relating to registration of births, is amended by adding at the end of said Code section a new subsec tion (i) to read as follows:
"(i) Notwithstanding any other provision of this chapter to the contrary, no certificate of birth for a child born to a surrogate mother pursuant to a surrogate parenting agreement which has been approved by a court as provided in Article 4 of Chapter 7 of Title 19 shall be filed with the local registrar until the hearing required by Code Section 19-7-79 has been held and the court has issued an order directing the filing of such certificate of birth."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to SB 493 offered by the Senate Committee on Children and Youth by adding on page 8, line 5 after the word "agreement." the following:
"(12) That only one ovum shall be fertilized by in vitro fertilization."

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Deal Edge English Engram

Garner Gillis Hine Howard Johnson Kidd

Land Newbill Ragan of 32nd Scott of 36th Stumbaugh Tysinger

Those voting in the negative were Senators:

Albert Allgood Brannon Burton Coleman Crumbley Dawkins Dean Echols

Fincher Harris Harrison Huggins Langford McGill Olmstead Peevy Phillips

Ragan of 10th Ray Scott of 2nd Starr Tate Taylor Timmons Turner Walker

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Those not voting were Senators:

Bowen Broun (excused) Bryant Coverdell

Foster Hudgins Kennedy (presiding)

McKenzie Perry Shumake

On the passage of the bill, the yeas were 19, nays 27.

The bill, having failed to receive the requisite constitutional majority, was lost.

The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:

STATE OF GEORGIA Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons, numbered 643 through 664, who have registered in the Docket of Legislative Appearance as of February 12, 1988, 3:00 p.m., in accordance with Georgia Law 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 February, in the year of our Lord One Thousand Nine Hundred and Eighty-Eight and of the Independence of the United States of America the Two Hundred and Twelfth.
/s/ Max Cleland Secretary of State

(SEAL)

643. Freda McDonald 4820 Ridgewood Drive Forest Park, Georgia 30050 404/363-9841 Amalgamated Transit Union Local 732 Citizen
644. Lauren C. Steele Post Office Drawer 1734 Atlanta, Georgia 30301 404/676-2510 Coca-Cola Company, The
645. June D. Green 1100 S. Tower One CNN Center Atlanta, Georgia 30303-2705 404/658-1150 City of Atlanta Department of Law

646. Belinda Parrish 2811 Dug Gap Road Dalton, Georgia 30720 404/277-1283 Georgia State Parent-Teacher Association
647. Margaret R. Ball Post Office Box 174 2475 Dug Gap Road, S.W. Dalton, Georgia 30722 404/226-1700 Georgia Parent-Teacher Association
648. Susan E. Calhoun 303 Skyline Drive Cohutta, Georgia 30710 404/694-8838 Georgia Parent-Teacher Association

FRIDAY, FEBRUARY 12, 1988

775

649. Joseph A. Sports JSA Inc. 21 Finch Trail Atlanta, Georgia 30308 404/873-3728 Joseph E. Seagram & Sons Inc. Cranston/Prescott Securities National Medical Enterprises Nutrasweet Company, The Pearle Health Services Catrala of Georgia National Vehicle Leasing Assn. Georgia Rent to Own Dealers Smokeless Tobacco Council, Inc. AFF Chemical Division Inc.
650. Ida Sue Katz 1288 Briardale Lane, N.E. Atlanta, Georgia 30306 404/377-5694 Fulton County School System
651. Laurence A. Ceminsky 277 Powder Springs Road Marietta, Georgia 30064 404/428-6690 Cobb County Victim/Witness Assistance Unit Georgia Association of Convenience Stores Citizen Georgians for Victim Justice
652. Karen Lowman 5099 Whited Way Lilburn, Georgia 30247 404/921-1745 Georgia Nurses Association
653. Kelly L. Garraway 84 Cobblestone Creek Peachtree City, Georgia 30269 404/461-3471 Georgians for Victims Justice
654. Mary Lou Garraway 1992 Hwy 54 West Fayetteville, Georgia 30214 404/487-6559 Georgians for Victims Justice
655. Samuel L. Harris Post Office Box 92735 Morris Brown Station Atlanta, Georgia 30314 404/527-4808 Concerned Citizens of Atlanta

656. Albert "Mickey" Ward 23 Kensington Road Avondale Estates, Georgia 30002 404/296-5698 Georgia Association of Physician Assistants
657. VOID
658. James E. Bellinger, III 1260 Renee Drive Decatur, Georgia 30035 404/284-4272 Georgia Association of Physicians Assistants
659. J. Wendell Brigance 3735 Memorial Drive Post Office Box 36349 Decatur, Georgia 30032 404/284-8700 Georgia Health Care Association
660. Donald A. Yates 3735 Memorial Drive Decatur, Georgia 30032 404/284-8700 Georgia Health Care Association
661. Fran Toliver 6065 Roswell Rd. Suite 722 Atlanta, Georgia 30328 404/252-6327 Georgia Federation of Teachers AFL-CIO
662. Delano R. Royal 175 Decatur Street Atlanta, Georgia 30335 404/658-6392 Georgians for Victims Justice National Association of Victims Assistance
663. J. Frank Young Post Office Box 1126 Alpharetta, Georgia 404/993-3699 Young Development Services, Inc.
664. Reggie Hicks 135 Auburn Avenue Atlanta, Georgia 30303 404/521-2739 Collections of Life Heritage (COLH)

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665. Judith Rhea Cox 2360 Spring Creek Road Decatur, Georgia 30033 404/325-5860 Georgia Insight Georgia Forum Georgia Right to Life
Senator Allgood of the 22nd moved that the Senate stand in recess until 5:00 o'clock P.M. today at which time the Senate would stand adjourned, pursuant to HR 797, adopted previously, until 10:00 o'clock A.M. on Monday, February 15; the motion prevailed.
At 11:45 o'clock A.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess until 5:00 P.M. at which time the Senate would stand adjourned, pursuant to HR 797, adopted previously, until 10:00 o'clock A.M. on Monday, February 15.

MONDAY, FEBRUARY 15, 1988

777

Senate Chamber, Atlanta, Georgia Monday, February 15, 1988
Twenty-fifth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of the proceedings of Friday, Feb ruary 12, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1676. By Representative Oliver of the 121st: A bill to amend an Act providing for the election of the Board of Education of Long County, so as to provide for the election of members from single-member education districts.
HB 1680. By Representatives Watts of the 41st and Murphy of the 18th: A bill to amend an Act creating the board of commissioners of Paulding County, so as to change the compensation of the members of the board of commissioners other than the chairman.
HB 1686. By Representative Pettit of the 19th: A bill to provide a new charter for the City of Emerson; to provide for incorpora tion, boundaries, and powers of the city.
HB 1687. By Representatives Clark of the 20th, Thompson of the 20th, Atkins of the 21st, Wilder of the 21st, Aiken of the 21st and others: A bill to amend an Act authorizing the establishment of a Civil Service System in Cobb County, so as to remove from the jurisdiction of such system the Director of Juvenile Court Services of the Juvenile Court of Cobb County and provide for the appointment, compensation, and other terms of employment for that office.
HB 1688. By Representatives Steinberg of the 46th, Alford of the 57th, Williams of the 48th, Lawrence of the 49th, Aaron of the 56th and others: A bill to provide for the creation of the Lenox Park Community Improvement District in unincorporated DeKalb County; to provide for a short title.
HB 1698. By Representative Parrish of the 109th: A bill to amend an Act providing for the composition and election of the Board of Education of Emanuel County, so as to change the compensation of the chair man and members of that board.
HB 1682. By Representative Adams of the 79th: A bill to provide a homestead exemption of $10,000.00 from all ad valorem taxes

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for educational purposes, including taxes to retire bonded indebtedness, for each resident of the Upson County School District who is disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00.

HB 1683. By Representative Adams of the 79th:
A bill to provide a homestead exemption of $10,000.00 from all Upson County ad valorem taxes, including taxes to retire bonded indebtedness but excluding ad valorem taxes for the Upson County School District, for each resident of Upson County who is disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00.

HB 1684. By Representatives Adams of the 79th and Mostiler of the 75th:
A bill to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Pike County School District who is 62 years of age or over and who does not have an income from all sources exceeding $10,000.00 per annum shall be exempt from all ad valorem taxation for educa tional purposes levied for and in behalf of such school system.

HB 1685. By Representative Adams of the 79th:
A bill to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Upson County School District who is 62 years of age or over and who does not have an income from all sources exceeding $10,000.00 per annum, shall be exempt from all ad valorem taxation for educa tional purposes levied for and in behalf of such school system, including taxes to retire bonded indebtedness.

HB 1697. By Representative Ricketson of the 82nd:
A bill to amend an Act providing an annual salary for the Wilkes County coro ner, so as to change the salary of the coroner.

HB 1695. By Representative Carter of the 146th:
A bill to provide that the homestead of each resident of the Berrien County School District who is 62 years of age or older and who has less than $12,000 per year of specified income shall be exempt from Berrien County School District ad valorem taxation, including taxes levied to retire bonded indebtedness of the

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school district, in the amount of $15,000 of the assessed value of the homestead.
HB 1675. By Representative Murphy of the 18th: A bill to amend Code Section 36-7-2 of the Official Code of Georgia Annotated, relating to the election, qualification, commissioning, and removal of county sur veyors, so as to change the application of certain qualifications for county surveyors.
HB 1472. By Representatives Wilson of the 20th, Beck of the 148th, Dover of the llth, Aaron of the 56th, McCoy of the 1st 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 strike certain provisions relating to the repeal of said Article 3 of Chapter 8 of Title 48 upon the effective date of an increase in the rate of state sales and use taxation.
HB 1394. By Representatives Milam of the 81st and Ware of the 77th:
A bill to amend Chapter 16 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of firearms dealers, so as to require firearms dealers to make reports of purchases, exchanges, or trades of used firearms to local law en forcement agencies; to provide for the time, manner, and content of such reports.
HB 1463. By Representatives Sherrod of the 143rd, Royal of the 144th, Sizemore of the 136th, Balkcom of the 140th, Crosby of the 150th and others:
A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to prescribe certain limitations upon the author ity of counties to levy fees, assessments, and taxes for the provision of fire protec tion services in special districts.
HB 1494. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
A bill to amend Code Section 33-9-20 of the Official Code of Georgia Annotated, relating to the maintenance and reporting of records, data, and statistics by in surers and rating and advisory organizations generally, so as to require an insurer to report its statistics through a recognized statistical agency or advisory organization.
HB 1527. By Representatives Pettit of the 19th, Lee of the 72nd and Dunn of the 73rd:
A bill to amend Code Section 33-29-2 of the Official Code of Georgia Annotated, relating to requirements of policies of individual accident and sickness insurance, so as to assure that insurance coverage is provided for adopted children in the same manner as it is provided for other dependents without discrimination for any preexisting conditions.
HB 1635. By Representative Lawson of the 9th:
A bill to amend Code Section 9-12-135 of the Official Code of Georgia Annotated, relating to fees for filing foreign judgments, Code Section 15-6-77, relating to fees of clerks of the superior court, and Code Section 19-13-3, relating to petitions for relief from family violence, so as to delete certain specific monetary fees, to in clude these fees in the listing of fees of clerks of the superior courts, and to incor porate those fees by reference.
HB 1631. By Representatives Isakson of the 21st and Chambless of the 133rd:
A bill to amend Code Section 14-3-330 of the Official Code of Georgia Annotated,

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relating to penalties imposed upon nonprofit corporations, so as to change the provisions relating to failure or refusal to file an annual report.
HB 1449. By Representatives Goodwin of the 63rd, Jackson of the 9th, Carter of the 146th, McDonald of the 12th, Crosby of the 150th and others:
A bill to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," so as to provide that it shall be unlawful to induce the buyer of a motor vehicle under a retail installment contract or the lessee of a motor vehicle under a lease contract to sublease such motor vehicle without the written consent of the holder of the re tail installment contract or the lessor under the lease contract.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 721. By Representatives Redding of the 50th and Orrock of the 30th:
A resolution encouraging home builders and developers of single-family resi dences and residential condominiums to construct some houses, buildings, and related areas in a manner to provide minimal levels of accessibility to accommo date disabled and older persons.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 642. By Senator McGill of the 24th:
A bill to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Dairy Act of 1980," so as to provide that cer tain acts shall be unlawful; to prohibit the use or possession of certain cans, con tainers, or cases under certain conditions; to change the provisions relating to penalties for violations of such article. Referred to Committee on Agriculture.
SB 643. By Senator McGill of the 24th:
A bill to amend an Act providing an annual salary for the Wilkes County coro ner, as amended, so as to change the salary of the coroner; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 644. By Senator Brannon of the 51st:
A bill to amend Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for motorcycle riders, so as to change the requirement of wearing of headgear so that it will only apply to per sons under the age of 21. Referred to Committee on Public Safety.
SR 386. By Senators English of the 21st, Gillis of the 20th, Kennedy of the 4th and others:
A resolution creating the Head Injury Treatment and Rehabilitation Study Committee. Referred to Committee on Human Resources.

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781

The following bills and resolution of the House were read the first time and referred to committees:
HB 1394. By Representatives Milam of the 81st and Ware of the 77th:
A bill to amend Chapter 16 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of firearms dealers, so as to require firearms dealers to make reports of purchases, exchanges, or trades of used firearms to local law en forcement agencies; to provide for the time, manner, and content of such reports. Referred to Committee on Public Safety.
HB 1449. By Representatives Goodwin of the 63rd, Jackson of the 9th, Carter of the 146th, McDonald of the 12th, Crosby of the 150th and others:
A bill to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," so as to provide that it shall be unlawful to induce the buyer of a motor vehicle under a retail installment contract or the lessee of a motor vehicle under a lease contract to sublease such motor vehicle without the written consent of the holder of the re tail installment contract or the lessor under the lease contract. Referred to Committee on Industry and Labor.
HB 1463. By Representatives Sherrod of the 143rd, Royal of the 144th, Moore of the 139th, Sizemore of the 136th, Balkcom of the 140th and others:
A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to prescribe certain limitations upon the author ity of counties to levy fees, assessments, and taxes for the provision of fire protec tion services in special districts. Referred to Committee on Banking and Finance.
HB 1472. By Representatives Wilson of the 20th, Beck of the 148th, Dover of the llth, Aaron of the 56th, McCoy of the 1st 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 strike certain provisions relating to the repeal of said Article 3 of Chapter 8 of Title 48 upon the effective date of an increase in the rate of state sales and use taxation. Referred to Committee on Banking and Finance.
HB 1494. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
A bill to amend Code Section 33-9-20 of the Official Code of Georgia Annotated, relating to the maintenance and reporting of records, data, and statistics by in surers and rating and advisory organizations generally, so as to require an insurer to report its statistics through a recognized statistical agency or advisory organization. Referred to Committee on Insurance.
HB 1527. By Representatives Pettit of the 19th, Lee of the 72nd and Dunn of the 73rd:
A bill to amend Code Section 33-29-2 of the Official Code of Georgia Annotated, relating to requirements of policies of individual accident and sickness insurance, so as to assure that insurance coverage is provided for adopted children in the same manner as it is provided for other dependents without discrimination for any preexisting conditions. Referred to Committee on Insurance.

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HB 1631. By Representatives Isakson of the 21st and Chambless of the 133rd:
A bill to amend Code Section 14-3-330 of the Official Code of Georgia Annotated, relating to penalties imposed upon nonprofit corporations, so as to change the provisions relating to failure or refusal to file an annual report. Referred to Committee on Judiciary.
HB 1635. By Representative Lawson of the 9th:
A bill to amend Code Section 9-12-135 of the Official Code of Georgia Annotated, relating to fees for filing foreign judgments, Code Section 15-6-77, relating to fees of clerks of the superior court, and Code Section 19-13-3, relating to petitions for relief from family violence, so as to delete certain specific monetary fees, to in clude these fees in the listing of fees of clerks of the superior courts, and to incor porate those fees by reference. Referred to Committee on Judiciary.
HB 1675. By Representative Murphy of the 18th: A bill to amend Code Section 36-7-2 of the Official Code of Georgia Annotated, relating to the election, qualification, commissioning, and removal of county sur veyors, so as to change the application of certain qualifications for county surveyors.
Referred to Committee on Governmental Operations.
HR 721. By Representatives Redding of the 50th and Orrock of the 30th: A resolution encouraging home builders and developers of single-family resi dences and residential condominiums to construct some houses, buildings, and related areas in a manner to provide minimal levels of accessibility to accommo date disabled and older persons.
Referred to Committee on Consumer Affairs.
HB 1676. By Representative Oliver of the 121st: A bill to amend an Act providing for the election of the Board of Education of Long County, so as to provide for the election of members from single-member education districts.
Referred to Committee on Urban and County Affairs.
HB 1680. By Representatives Watts of the 41st and Murphy of the 18th: A bill to amend an Act creating the board of commissioners of Paulding County, so as to change the compensation of the members of the board of commissioners other than the chairman.
Referred to Committee on Urban and County Affairs.
HB 1686. By Representative Pettit of the 19th:
A bill to provide a new charter for the City of Emerson; to provide for incorpora tion, boundaries, and powers of the city. Referred to Committee on Urban and County Affairs.
HB 1687. By Representatives Clark of the 20th, Thompson of the 20th, Atkins of the 21st and others: A bill to amend an Act authorizing the establishment of a Civil Service System in Cobb County, so as to remove from the jurisdiction of such system the Director

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783

of Juvenile Court Services of the Juvenile Court of Cobb County and provide for the appointment, compensation, and other terms of employment for that office.
Referred to Committee on Urban and County Affairs.
HB 1688. By Representatives Steinberg of the 46th, Alford of the 57th, Williams of the 48th and others:
A bill to provide for the creation of the Lenox Park Community Improvement District in unincorporated DeKalb County; to provide for a short title.
Referred to Committee on Urban and County Affairs.
HB 1697. By Representative Ricketson of the 82nd:
A bill to amend an Act providing an annual salary for the Wilkes County coro ner, so as to change the salary of the coroner.
Referred to Committee on Urban and County Affairs.
HB 1698. By Representative Parrish of the 109th:
A bill to amend an Act providing for the composition and election of the Board of Education of Emanuel County, so as to change the compensation of the chair man and members of that board.
Referred to Committee on Urban and County Affairs.
HB 1682. By Representative Adams of the 79th:
A bill to provide a homestead exemption of $10,000.00 from all ad valorem taxes for educational purposes, including taxes to retire bonded indebtedness, for each resident of the Upson County School District who is disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00.
Referred to Committee on Urban and County Affairs.
HB 1683. By Representative Adams of the 79th:
A bill to provide a homestead exemption of $10,000.00 from all Upson County ad valorem taxes, including taxes to retire bonded indebtedness but excluding ad valorem taxes for the Upson County School District, for each resident of Upson County who is disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00.
Referred to Committee on Urban and County Affairs.
HB 1684. By Representatives Adams of the 79th and Mostiler of the 75th:
A bill to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Pike County School District who is 62 years of age or over and who does not have an income from all sources exceeding $10,000.00 per annum shall be exempt from all ad valorem taxation for educa tional purposes levied for and in behalf of such school system.
Referred to Committee on Urban and County Affairs.

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HB 1685. By Representative Adams of the 79th: A bill to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Upson County School District who is 62 years of age or over and who does not have an income from all sources exceeding $10,000.00 per annum, shall be exempt from all ad valorem taxation for educa tional purposes levied for and in behalf of such school system, including taxes to retire bonded indebtedness.
Referred to Committee on Urban and County Affairs.
HB 1695. By Representative Carter of the 146th: A bill to provide that the homestead of each resident of the Berrien County School District who is 62 years of age or older and who has less than $12,000 per year of specified income shall be exempt from Berrien County School District ad valorem taxation, including taxes levied to retire bonded indebtedness of the school district, in the amount of $15,000 of the assessed value of the homestead.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1531. Do pass. Respectfully submitted, Senator Deal of the 49th 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 244. Do pass. Respectfully submitted, Senator Dean of the 31st District, Chairman
Mr. President:
The Committee on Urban and County Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 611. Do pass by substitute. Respectfully submitted, Senator Turner of the 8th District, Chairman
Mr. President:
The Committee on Urban and County Affairs has had under consideration the following

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785

bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1510. Do pass.
HB 1552. 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 87. By Senators Langford of the 35th, Coverdell of the 40th, Newbill of the 56th and Shumake of the 39th:
A bill to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Geor gia which are applicable to particular groups of employees, so as to provide that certain employees of county boards and county departments of health of counties of this state having a population of 550,000 or more shall have the option to become members of the Employees' Retirement System of Georgia or remain members of a local retirement system.
SB 513. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to provide that hearing im paired persons shall have the right to serve as jurors; to provide that hearing impaired persons selected to serve as jurors shall be provided with qualified in terpreters and intermediary interpreters, if necessary.
SB 537. By Senators Barnes of the 33rd, Harrison of the 37th, Newbill of the 56th and Ragan of the 32nd:
A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to provide additional requirements for the expenditure of bond funds and lengthen the amount of time allowed for letting contracts related to projects financed with bond proceeds in counties of this state having a popula tion of not less than 250,000 nor more than 400,000.
SB 599. By Senator Peevy of the 48th:
A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft offenses, so as to change certain provisions relating to the crime of theft by conversion to include conversion of leased personal prop erty; to repeal certain provisions relating to the offense of conversion of leased personal property.
SB 624. By Senator Kidd of the 25th:
A bill to provide for a supplement to the compensation, expenses, and allowances of the district attorney for the Ocmulgee Judicial Circuit; to provide for contribu tions to be paid by certain counties comprising said circuit; to provide an effec tive date; to provide for applicability.
SB 628. By Senator Dawkins of the 45th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to change provisions relating to selection of members of such boards; to provide that persons selected to serve as

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members must be qualified and competent to serve as grand jurors but need not be on the current grand jury list; to provide for related matters.
SB 630. By Senators Barnes of the 33rd and Hudgins of the 15th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties and municipal corporations, so as to prohibit counties and municipal corporations and officials and employees thereof from installing, servicing, maintaining, operating, selling, or leasing as lessor any burglar alarm systems, fire alarm systems, or other electronic security systems on private property under certain circumstances.
SR 366. By Senators McGill of the 24th, Echols of the 6th, Ray of the 19th and others:
A resolution urging the United States Interagency Committee on Smoking and Health to refrain from taking any action to limit or impede the export of Georgia tobacco.
SR 370. By Senators Echols of the 6th and Ragan of the 10th:
A resolution urging the Congress of the United States to amend federal laws re lating to motor fuel taxes on nongasoline fuels used by farmers for off-road uses.
HB 157. By Representative Ramsey of the 3rd:
A bill to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions with respect to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer"; to provide that certain employees of the Public Service Commission shall be entitled to member ship in the Peace Officers' Annuity and Benefit Plan.
HB 278. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to the payment required for such creditable service.
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.
HB 480. By Representatives Johnson of the 72nd, Watts of the 41st, Godbee of the 110th and others:
A bill to amend Article 6 of Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and disability benefits under the Public School Employees Retirement System, so as to authorize postretirement benefit adjustments.
HB 482. By Representatives Johnson of the 72nd, Watts of the 41st, Godbee of the 110th and others:
A bill to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits under the Public School Employees Retirement System, so as to change the provisions relating to the amount of retirement benefit.
HB 719. By Representative Parrish of the 109th:
A bill to amend Code Section 47-16-60 of the Official Code of Georgia Annotated,

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787

relating to payments to the Sheriffs' Retirement Fund of Georgia from fines and forfeited bonds in criminal cases, so as to increase the allocation from each such fine collected and bonds forfeited.
HB 768. By Representative Ramsey of the 3rd:
A bill to amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confinement, so as to redefine the offense of felony-bail jumping; to redefine the offense of misde meanor-bail jumping; to delete certain requirements relating to mailing of notices.
HB 924. By Representatives Chambless of the 133rd, Thomas of the 69th and Robinson of the 96th:
A bill to amend Chapter 9 of Title 14 of the Official Code of Georgia Annotated, relating to limited partnerships, so as to revise, modernize, and supersede the laws of Georgia relating to limited partnerships.
HB 1071. By Representative Johnson of the 72nd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, to change the provisions relating to the definition of an employee under the Employees' Retirement System of Georgia.
HB 1238. By Representatives Lane of the 27th, Johnson of the 72nd, Couch of the 40th and others:
A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to airports of counties, municipalities, and other political subdivisions, so as to provide that real property owned by counties, municipali ties, and other political subdivisions and public authorities for airport purposes may not be sold or leased to persons who are not citizens of the United States.
HB 1272. By Representatives Chambless of the 133rd, Thomas of the 69th, Smyre of the 92nd and others:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to revise and replace the laws relating to business corporations.
HB 1321. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-3-1 of the Official Code of Georgia Annotated, relating to definitions of terms relative to the Teachers Retirement System of Georgia, so as to change the definition of the term teacher; to correct certain references.
HB 1335. By Representatives Lawson of the 9th and Thomas of the 69th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for a limitation on the liability of certain nonprofit associations conducting or sponsoring safety or sports programs and certain persons associated with such associations and programs.
HB 1351. By Representative Lane of the 27th:
A bill to amend Code Section 47-5-70 of the Official Code of Georgia Annotated, relating to the vesting of benefits and the creation of debts of the state under the Joint Municipal Employees Benefit System, so as to delete the provision relative to legislative revision and the vesting of rights in connection therewith.

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HB 1357. By Representative Barnett of the 10th:
A bill to amend Code Section 36-1-21 of the Official Code of Georgia Annotated, relating to civil service systems for county employees, so as to change the provi sions describing the relationship of such law to certain constitutional amend ments and laws adopted pursuant to the authority of such constitutional amendments.
HB 1377. By Representative Childers of the 15th:
A bill to amend Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to occupational therapists, so as to change which persons must be li censed under that chapter; to continue the State Board of Occupational Therapy but provide for the later termination of that board and the repeal of the laws relating thereto.
HB 1437. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that certifications of corpo rate officers shall be filed with insurers; to grant the State Board of Workers' Compensation certain powers to enforce subpoenas.
HB 1442. By Representatives Rainey of the 135th, Hooks of the 116th, Walker of the 115th, Bostick of the 138th, Carter of the 146th and others:
A bill to amend Code Section 36-43-3 of the Official Code of Georgia Annotated, relating to definitions regarding city business improvement districts, so as to change the definition of a municipality.
HB 1444. By Representatives Chambless of the 133rd, Thomas of the 69th, Groover of the 99th and Robinson of the 96th:
A bill to amend Code Section 14-2-371 of the Official Code of Georgia Annotated, relating to fees of the Secretary of State for filing documents and issuing certifi cates relating to business corporations, so as to change a fee; to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for a state-wide county computerized information network and participation by clerks of superior courts therein.
HB 1465. By Representatives Holcomb of the 72nd, Lee of the 72nd, Bailey of the 72nd and Johnson of the 72nd:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation and appointment of county boards of equalization, so as to provide that the authority for certain counties to request the appointment of additional alternate members of boards of equalization shall apply to any county.
HB 1491. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other personnel, so as to provide for the dis charge of certain debts or obligations due the health insurance fund for public school teachers and the health insurance fund for public school employees.
HB 1493. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
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 pro-

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789

vide that any check or draft not presented for acceptance during the five years following the date the check or draft was issued shall be void and the funds re tained by the insurance fund that issued the check or draft.
HB 1495. By Representatives Chambless of the 133rd, Groover of the 99th, Thomas of the 69th, Robinson of the 96th, Pettit of the 19th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions so as to provide that certain persons shall not be liable for the acts of intoxicated persons who are of legal drinking age; to provide that certain persons may be liable for the acts of certain intoxicated per sons; to provide for certain legal proofs and assumptions.
HB 1496. By Representatives Kilgore of the 42nd, Harris of the 84th, Watson of the 114th and Watts of the 41st:
A bill to amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to operators of billiard rooms, so as to provide that the county governing authority, rather than the tax collector or tax commissioner, shall have the power to license the operation of billiard rooms in counties.
HB 1512. By Representative Lane of the 27th:
A bill to amend Code Section 47-5-2 of the Official Code of Georgia Annotated, relating to definitions relating to the Joint Municipal Employees Benefit System, so as to authorize the Municipal Gas Authority of Georgia to contract with the board of trustees of the Joint Municipal Employees Benefit System to offer re tirement and employee benefits to employees of the authority; to change the defi nition of the term "employer".
HB 1518. By Representative Groover of the 99th:
A bill to amend Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant disease, pest control, and pesticides, so as to limit the liability of farmers in pesticide contamination cases.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Barnes
owen BBrurayrntaonnnot n Crumbley j) ea l Dean Echols Edge English Engram

Fincher Foster Gillis Harris Harrison
Hine H,,Huugdggmi. nss Johnson Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips
Ragan of 10th RR,,aaygaan of 32nd Scott of 2nd Shumake Starr Stumbaugh Taylor Turner Tysinger

790

JOURNAL OF THE SENATE

Those not answering were Senators:

Broun (excused) Coleman Coverdell Dawkins

Garner Howard Scott of 36th

Tate (excused) Timmons Walker

Senator Crumbley of the 17th introduced the chaplain of the day, Reverend Steve Nelms, Jackson Presbyterian Church, Jackson, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 385. By Senator Turner of the 8th: A resolution commending the Cook High School wrestling team.

SR 387. By Senator Land of the 16th: A resolution expressing regret at the passing of Charles T. Moller.

SR 390. By Senators Kennedy of the 4th, Gillis of the 20th, Kidd of the 25th and others: A resolution expressing sympathy at the passing of Mrs. Paul C. Broun.

The following resolution of the Senate, favorably reported by the committee, was put upon its adoption:

SR 244. By Senators Allgood of the 22nd, Kennedy of the 4th and Dean of the 31st:
A resolution relative to officials, employees, and committees in the Senate and for other purposes; to amend SR 3 adopted at the 1987 session.

The resolution was adopted.

Senator Newbill of the 56th moved that the following bill of the Senate be withdrawn from the Senate Committee on Urban and County Affairs (General) and committed to the Senate Committee on Governmental Operations:

SB 626. By Senators Newbill of the 56th, Engram of the 34th, Shumake of the 39th and Coverdell of the 40th:
A bill to amend an Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, as amended, so as to provide for additional compensation for the members of the board of commissioners in such counties; to provide for filing vouchers for reimbursement of expenses.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 626 was with drawn from the Senate Committee on Urban and County Affairs (General) and committed to the Senate Committee on Governmental Operations.

Senator Newbill of the 56th moved that the following bill of the Senate be withdrawn from the Senate Committee on Urban and County Affairs (General) and committed to the Senate Committee on Governmental Operations:

SB 596. By Senators Newbill of the 56th, Engram of the 34th, Shumake of the 39th and Coverdell of the 40th:
A bill to amend Code Section 36-67-6 of the Official Code of Georgia Annotated, relating to zoning proposal record and analysis review at hearing or meeting, so as to provide for a two-thirds' vote under certain conditions by the governing authority of a county or municipality in order to approve a zoning proposal.

MONDAY, FEBRUARY 15, 1988

791

On the motion, the yeas were 33, nays 1; the motion prevailed, and SB 596 was with drawn from the Senate Committee on Urban and County Affairs (General) and committed to the Senate Committee on Governmental Operations.
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Monday, February 15, 1988
TWENTY-FIFTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 1552 Timmons, llth Mitchell County
Provides how the members of Board of Commissioners shall be elected; pro vides for five single-member commissioner districts; provides for staggered terms of office.

HB 1510 Ragan, 32nd Barnes, 33rd Harrison, 37th City of Marietta Cobb County
Provides that the Downtown Marietta Development Authority shall under take a program for the control of pigeons within the Downtown Marietta Dis trict.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coverdell Dawkins Deal Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd McGill

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Starr Stumbaugh Turner Tysinger Walker

Those not answering were Senators:

Coleman Crumbley

Dean Johnson

Land Langford

792

JOURNAL OF THE SENATE

McKenzie Scott of 36th

Tate (excused) Taylor

Timmons

On the passage of the local bills, the yeas were 45, nays 0.

The bills on the Senate Local Consent Calendar, having received the requisite constitu tional majority, were passed.

Senator Kennedy of the 4th introduced Major General (Retired) Thurman Anderson, who, having been commended by SR 358, adopted previously, briefly addressed the Senate.

Senator Edge of the 28th introduced Ms. Kim Stephens, who was commended by SR 372, adopted previously.

Senator Gillis of the 20th introduced Dr. R. Kirby Godsey, President of Mercer Univer sity, who, having been commended by SR 341, adopted previously, briefly addressed the Senate.

SENATE RULES CALENDAR
Monday, February 15, 1988
TWENTY-FIFTH LEGISLATIVE DAY
SB 553 State Government Officers--provision on proposed salaries (Gov Op--25th) SR 323 Government Officers Salaries--proposed by Officers Compensation Commission
(Gov Op--25th) HR 696 George T. Bagby State Park--naming (Substitute) (Nat R--20th) SB 615 Certain Municipal Primaries--candidate's agent may qualify (Gov Op--25th) HB 1328 Five-Year Metal License Plates--provide (Trans--1st) HB 1247 Insurers--provisions on certain investments (Ins--55th) HB 1471 Unidentified Abandoned Motor Vehicle--disposition (Pub S--10th) HB 1279 County Tax Digests--review, correction, equalization (B&F--20th) HB 1307 License Plate Fees--date for payment of portion of certain fees (Trans--1st) HR 581 Reidsville--conveyance of certain state owned property (Pub U--4th) HB 507 Blanket Accident, Sickness Insurance--preferred provider arrangements (Substi
tute) (Ins--49th) HB 1401 Soil, Water Conservation Committee--enter into contracts (Nat R--21st) HR 620 Forest Hays, Jr. Correctional Institution--designate (Corr--30th) HB 1169 Optometrists--use of pharmaceutical agents for treatment (Substitute)
(Hum R--21st) SB 616 Cobb Judicial Circuit Superior Court Judges--supplement (Judy--37th) HB 1325 Superior Court Sessions--may be held outside county site (Judy--49th) HB 1459 Tifton Judicial Circuit Judges--compensation (Judy--8th) SB 564 Contributions to Campaigns or Public Officer Recall--provisions (Substitute)
(Gov Op--25th) SB 586 Firearm Possession--off-duty peace officers (S Judy--48th) HR 577 Bartow County--conveyance of certain state owned property (Pub U--31st) SB 618 State Purchasing--bills paid in timely manner (Gov Op--26th) HB 1402 Soil, Water Conservation Committee--change name (Nat R--21st)

MONDAY, FEBRUARY 15, 1988

793

HB 1503 Board of Registration for Professional Engineers, Land Surveyors--continue (Gov Op--25th)
HB 1337 Habitual Violator--conditions for being guilty of felony (Judy--49th) SB 410 Merit System Employee--no dismissal for refusing polygraph (Substitute) (Gov
Op--25th) HB 1441 Deer--increase maximum bag limits (Nat R--7th)
HB 1469 Speed Detection Devices--requirements those testing (Pub S--10th) HB 1454 Board of Accountancy--continue, later terminate (Gov Op--25th)
Respectfully submitted, /s/ Dean of the 31st, Chairman
Senate Rules Committee

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 1455. By Representative Robinson of the 96th:
A bill to amend Code Section 48-6-22 of the Official Code of Georgia Annotated, relating to exemptions from intangible taxation, so as to change the provisions relating to exemption of stock held in financial institutions reorganized under the southern region interstate banking law.

Senator Walker of the 43rd moved that Senator Tate of the 38th be excused today from all roll calls in the Senate due to illness.

On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Tate of the 38th was excused from all roll calls in the Senate today.

The following general bill of the Senate, having been read the third time on February 3 and postponed until February 9, was put upon its passage:

SB 553. By Senator Kidd of the 25th:
A bill to amend Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers and employees, so as to provide a method whereby the salaries of major officers of state government shall be pro posed by a State Officers Compensation Commission and by other boards, bodies, and officers, with the salaries so proposed becoming effective unless disapproved by a joint resolution of the General Assembly, approved by the Governor.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Barnes Bowen Broun Bryant

Burton Coleman Dawkins Deal

794

JOURNAL OF THE SENATE

Dean Echols Edge English EFinngcrhaemr
Foster
Garner
Gillis
Harris Harrison

Hine Howard Hudgins Johnson KKeidndnedy
McGill
Olmstead
Peevy
Phillips Ragan of 10th

Ray Scott of 2nd Shumake Starr Sbttuummbbaauugenh
Taylor
Timmons
Turner
Tysinger Walker

Those voting in the negative were Senators:

Brannon Coverdell

Huggins Land

Perry Ragan of 32nd

Those not voting were Senators:

Crumbley Langford

McKenzie Newbill

Scott of 36th Tate (excused)

On the passage of the bill, the yeas were 44, nays 6.

The bill, having received the requisite constitutional majority, was passed.

The following general resolution of the Senate, having been read the third time on Feb ruary 3 and postponed until February 9, was put upon its adoption:

SR 323. By Senator Kidd of the 25th:

A RESOLUTION
Proposing an amendment to the Constitution so as to direct the General Assembly to provide a method whereby the salaries of major officers of state government shall be pro posed by a State Officers Compensation Commission and by other boards, bodies, and of ficers, with the salaries so proposed becoming effective unless disapproved by a joint resolu tion of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III of the Constitution is amended by adding at the end thereof a new Section XI to read as follows:
"SECTION XI.
COMPENSATION OF OFFICERS
Paragraph I. Method of determination of compensation. The General Assembly shall provide by law a method whereby the salaries of major officers of state government shall be proposed by a State Officers Compensation Commission and by other boards, bodies, and officers, with the salaries so proposed becoming effective unless disapproved by a joint reso lution of the General Assembly, approved by the Governor.
Paragraph II. State Officers Compensation Commission. The General Assembly shall provide by law for the appointment of a State Officers Compensation Commission. The General Assembly shall designate by law the major officers of state government whose sala ries shall be proposed by the commission and the major officers of state government whose salaries shall be proposed by other boards, bodies, and officers for inclusion without change in the reports of the State Officers Compensation Commission. Three members of the com-

MONDAY, FEBRUARY 15, 1988

795

mission shall be appointed by the Governor, two members shall be appointed by the Lieu tenant Governor, two members shall be appointed by the Speaker of the House of Repre sentatives, and two members shall be appointed by the Chief Justice of the Supreme Court.

Paragraph III. Authority of the General Assembly not diminished. The General Assem bly may at any time, by joint resolution approved by the Governor, provide for any officer whose salary is determined under this section a different salary from that determined under this section."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to direct the General Assembly to provide a method whereby the salaries of major officers of state government shall be proposed by a State Officers Compensation Commission and by other boards, bodies, and officers, with the salaries so proposed becoming effective unless disapproved by a joint resolution of the General Assembly?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
BB,rryou?n"t BCoulretomnan
Dawkins Deal Dean Echols Edge Engram Fincher

Foster Garner Gillis Harris Harrison
H"ionwea JHouhdngsionns
Kennedy Kidd Land Langford McGill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Rav
SSccootttt ooff 32n6dth S0h, umak, e
btarr Stumbaugh Taylor Timmons Turner Tysinger Walker

Voting in the negative were Senators Brannon and Coverdell.

Those not voting were Senators:

Bowen Crumbley English

Huggins McKenzie

Newbill Tate (excused)

796

JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 47, nays 2.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
The following general resolutions and bills of the House and Senate, favorably reported by the committees, were read the third time and put upon their adoption:
HR 696. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th, Groover of the 99th, Hanner of the 131st and others:
A resolution naming the "George T. Bagby State Park".
Senate Sponsor: Senator Gillis of the 20th.
The Senate Committee on Natural Resources offered the following substitute to HR 696:
A RESOLUTION
Naming the "George T. Bagby State Park"; and for other purposes.
WHEREAS, the Honorable George T. Bagby was born on October 26, 1920, in Dallas, Georgia, was graduated from Dallas High School, attended West Georgia College, and was graduated with a LL.B. degree from John Marshall Law School; and
WHEREAS, he served as Director of the Georgia Bureau of Investigation during 1947; and
WHEREAS, he served with distinction, dedication, and ability as a member of the House of Representatives, representing Paulding County, in 1947 and 1948, from 1955 through 1960, and from 1962 through 1966; and
WHEREAS, the Honorable George T. Bagby served as sergeant at arms of the Senate of the State of Georgia during 1961; and
WHEREAS, he served in the following offices: Director of the State Game and Fish Commission, February 9, 1967 to January 13, 1971; Director of the State Parks Department, January 13, 1971, to May 1, 1972; and Deputy Commissioner of the State Department of Natural Resources, May 1, 1972, until his retirement from the Department of Natural Re sources on December 31, 1975; and in all of these positions his outstanding talents and devotion to duty contributed greatly to the quality of life enjoyed by all Georgians; and
WHEREAS, his many important accomplishments during this service are far too nu merous to set out in full here, but they included the defeat of an attempt to mine phosphates on the Georgia coast, the acquisition by the state of the Arrowhead Hatchery, the preservation of the natural state of the Alcovy River, and the acquisition by the state of Sapelo Island as a wildlife refuge; and
WHEREAS, upon his retirement from state service he returned to his home in Dallas, Georgia, where he currently practices law as well as serving as judge of the municipal courts of the Cities of Dallas and Hiram; and
WHEREAS, he is widely known throughout the State of Georgia for the many signifi cant contributions which he has made in providing the citizens of Georgia with outstanding recreational and fishing and hunting opportunities; and
WHEREAS, the Honorable George T. Bagby served as a member of the U.S. Delega tion to the Bahama Fisheries Negotiations in 1970, was named "Georgian of the Year" in 1969 by the Georgia Association of Broadcasters, was elected "Water Conservationist of the Year" in 1970 by the Georgia Sportsman's Federation, and was selected by a national out-

MONDAY, FEBRUARY 15, 1988

797

door magazine, Outdoor Life, as winner of the publication's "1970 Conservation Award"; and
WHEREAS, the State of Georgia is currently developing a new state park on Lake Walter F. George in Clay County and said park should be appropriately named; and
WHEREAS, this facility will serve all citizens of this state by providing a setting for persons to gather, confer, and enjoy fellowship in the scenic, natural beauty of southwest Georgia; and
WHEREAS, the Honorable George T. Bagby has served all citizens of this state by his devoted service in the Georgia General Assembly, as Director of the Game and Fish Com mission, as Director of State Parks, and as Deputy Commissioner of the Department of Natural Resources, and by his personal accomplishments as an outstanding conservationist.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the new state park on Lake Walter F. George in Clay County shall be named and hereafter known as the "George T. Bagby State Park."
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is au thorized and directed to transmit appropriate copies of this resolution to the Honorable George T. Bagby and to the Board of Natural Resources.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the 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 Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Harris Howard Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Harrison Hine

McKenzie Shumake

Tate (excused)

On the adoption of the resolution, the yeas were 51, nays 0.

798

JOURNAL OF THE SENATE

The resolution, having received the requisite constitutional majority, was adopted by substitute.

SB 615. By Senator Kidd of the 25th:
A bill to amend Code Section 21-3-98 of the Official Code of Georgia Annotated, relating to qualification of candidates for party nomination in a municipal pri mary, so as to provide that a candidate's agent may qualify on behalf of the candidate to seek election in certain primaries.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the 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 Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Voting in the negative were Senators Brannon and Ragan of the 32nd.

Those not voting were Senators:

Harrison

Shumake

Tate (excused)

On the passage of the bill, the yeas were 51, nays 2.

The bill, having received the requisite constitutional majority, was passed.

HB 1328. By Representative Jackson of the 9th:
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, so as to pro vide for the registration of leased vehicles; to provide for the waiver of certain penalties; to eliminate the requirement of a police report if the license plate is mutilated but still legible; to provide for five-year metal license plates.
Senate Sponsor: Senator Coleman of the 1st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, FEBRUARY 15, 1988

799

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bwen Brannon BDBCoruolreut, omnnan Coverdell
Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Harrison HuHMiuundgjeggminss Johnson
Kennedy Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of I0th Ragm of 32nd n S0Sa ccoo.tt,tt oofff.. 3206ndtjh, Shumake
Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bryant

Howard

Tate (excused)

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1247. By Representatives Carter of the 146th and Bostick of the 138th:
A bill to amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments by insurers, so as to provide that insurers may make and invest in loans guaranteed as to principal and interest by the United Student Aid Funds, Inc., to the extent of such guaranty.
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 Bowen Brannon Broun Burton Coverdell Crumbley Dawkins

Deal Dean Echols Edge English Engram Fincher Foster Garner Gillis Harris Harrison

Howard Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie Newbill Olmstead

800

JOURNAL OF THE SENATE

Perry Phillips Ragan of 10th Ragan of 32nd Ray

Scott of 2nd Scott of 36th Shumake Starr Stumbaugh

Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bryant Coleman

Mine Peevy

Tate (excused)

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1471. By Representative Jackson of the 9th:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to provide for the disposition of mo tor vehicles and parts which cannot be identified.
Senate Sponsor: Senator Ragan of the 10th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Broun Burton Coverdell Crumbley Dawkins Deal Dean Echols Engram Fincher

Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Langford McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Baldwin Bryant Coleman

Edge English Land

McGill Tate (excused)

On the passage of the bill, the yeas were 48, nays 0.

MONDAY, FEBRUARY 15, 1988

801

The bill, having received the requisite constitutional majority, was passed.

HB 1279. By Representatives Crosby of the 150th, Wilson of the 20th, Kilgore of the 42nd and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide a procedure for the review, correction, and equalization of county tax digests.
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 30334/8400

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 26, 1988

SUBJECT: Fiscal Note -- House Bill 1279 (LC 18 2260) County Tax Digests -- Review and Equalization

This Bill provides for new procedures to review, correct, and equalize county tax digests and the establishment of a 50 member Ad Valorem Assessment Review Commission to han dle appeals. Existing provisions require the State Revenue Commissioner to adjust and equalize tax digests by factoring the digests and, if necessary, adjusting the county's millage levy. This Bill allows the Commissioner to disapprove a tax digest and would allow a county one year to correct a disapproved digest, during which time it could be used for tax collec tions. However, subsequent disapproval for the same deficiencies could result in the with holding of grants to the county. Members of the newly created Commission would be ap pointed to a five-person appeal board that would review for a disapproved digest appeal from a local governing authority. These members would receive $59 per day travel expense allowance payments (plus transportation costs) for each day of service. The Chairman of the Commission would also be authorized to employ a chief administrative officer and necessary staff to establish and maintain an appeal procedure. If enacted, this Bill would become ef fective on January 1, 1989.

The Bill is not expected to effect state tax revenues. The Department of Revenue does

not expect any additional cost to the department. Additional administrative expenses, how

ever would be associated with the created commission for the Commission Staff (chief ad

ministrative officer and necessary staff) and travel expense payments and transportation

costs paid Commission members.

>

It should be noted that a considerable number of appeals are expected as approximately 30% to 35% of the digests currently reviewed by the Commissioner are rejected.

/s/ G. W. Hogan State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

Senator Gillis of the 20th moved that HB 1279 be postponed until Wednesday, Febru ary 17.

802

JOURNAL OF THE SENATE

On the motion, the yeas were 41, nays 0; the motion prevailed, and HB 1279 was post poned until Wednesday, February 17.

HB 1307. By Representative Jackson of the 9th:
A bill to amend Code Section 40-2-30 of the Official Code of Georgia Annotated, relating to the issuance of and fees for license plates, so as to change the date for the payment of a portion of certain fees.
Senate Sponsor: Senator Coleman of the 1st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Fincher Foster Garner Gillis Harris
Harrison Hine Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Bryant Engram

Howard Tate (excused)

Walker

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 581. By Representatives Oliver of the 121st and Colwell of the 4th:
A resolution authorizing the conveyance of certain state owned real property lo cated in the City of Reidsville, Tattnall County, Georgia, to the Tattnall County Board of Education and the acceptance of certain real property owned by the Tattnall County Board of Education located in the City of Reidsville, Tattnall County, Georgia, in consideration therefor.
Senate Sponsor: Senator Kennedy of the 4th.

MONDAY, FEBRUARY 15, 1988

803

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 B arnes
owen
Broun0" Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols

English Fincher Gillis Harris Harrison
Hine
Howard Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie

Those not voting were Senators:

Newbill Olmstead Peevy Perry Phillips
Ragan of 32nd
Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Turner Tysinger

Dawkins Edge Engram Foster

Garner Hudgins Ragan of 10th

Tate (excused) Taylor Walker

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the House was read the first time and referred to committee:

HB 1455. By Representative Robinson of the 96th:
A bill to amend Code Section 48-6-22 of the Official Code of Georgia Annotated, relating to exemptions from intangible taxation, so as to change the provisions relating to exemption of stock held in financial institutions reorganized under the southern region interstate banking law.
Referred to Committee on Banking and Finance.

804

JOURNAL OF THE SENATE

The following general bill of the House, having been read the third time on January 11, 1988, and committed to the Senate Committee on Insurance, and favorably reported by the committee, was put upon its passage:
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.
Senate Sponsor: Senator Deal of the 49th.
The Senate Committee on Insurance offered the following substitute to HB 507:
A BILL
To be entitled an Act 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; to provide for a short title; to provide for legislative intent; to define certain terms; to provide standards for preferred provider ar rangements; to require certain provisions regarding emergency care, benefit levels, and dif ferences in benefit levels to be included in policies or subscriber certificates; to authorize health care insurers to place reasonable limits on the number or classes of preferred provid ers which satisfy the standards of such insurer under a health benefit plan subject to the approval of the Commissioner of Insurance; to provide for the opportunity of health care providers to participate in preferred provider arrangements; to prohibit discrimination against providers; to require health care insurers to comply with certain provisions of law and rules and regulations; to provide for the promulgation of rules and regulations by the Commissioner of Insurance; to provide for other matters relative to the foregoing; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, is amended by designating Code Sections 33-30-1 through 33-30-11 as Article 1 and by adding a new Article 2 to read as follows:
"ARTICLE 2
33-30-20. This article shall be known and may be cited as the 'Preferred Provider Ar rangements Act.'
33-30-21. It is the intent of the General Assembly to encourage health care cost contain ment while preserving quality of care by allowing health care insurers to enter into preferred provider arrangements and by establishing minimum standards for preferred provider ar rangements and the health benefit plans associated with those arrangements.
33-30-22. As used in this article, the term:
(1) 'Emergency care' means covered services included in a preferred provider arrange ment provided to a person after the sudden onset of a medical condition manifested by symptoms of such severity that the failure to provide immediately such services could rea sonably be expected to result in:
(A) Placing the patient's health in jeopardy;
(B) Impairment to bodily functions; or
(C) Dysfunction of any bodily organ or part.
(2) 'Health benefit plan' means the health insurance policy or subscriber agreement between the covered person or the policyholder and the health care insurer which defines the covered services and benefit levels available.
(3) 'Health care insurer' means an insurer, a fraternal benefit society, a health care

MONDAY, FEBRUARY 15, 1988

805

plan, a nonprofit medical service corporation, nonprofit hospital service corporation, or a health maintenance organization authorized to sell accident and sickness insurance policies, subscriber certificates, or other contracts of insurance by whatever name called under this title.
(4) 'Health care provider' means any person duly licensed or legally authorized to pro vide health care services.
(5) 'Health care services' means services rendered or products sold by a health care provider within the scope of the provider's license or legal authorization. The term includes, but is not limited to, hospital, medical, surgical, dental, vision, chiropractic, psychological, and pharmaceutical services or products.
(6) 'Preferred provider' means a health care provider or group of providers who have contracted to provide specified covered services.
(7) 'Preferred provider arrangement' means a contract between or on behalf of the health care insurer and a preferred provider which complies with all the requirements of this article.
33-30-23. (a) Notwithstanding any provisions of law to the contrary, any health care insurer may enter into preferred provider arrangements as provided in this article. Such arrangements shall:
(1) Establish the amount and manner of payment to the preferred provider;
(2) Include fair, reasonable, and equitable mechanisms for the assignment and payment of benefits to nonpreferred providers; and
(3) (A) Include mechanisms which are designed to minimize the cost of the health bene fit plan such as the review or control of utilization of health care services.
(B) Include procedures for determining whether health care services rendered are medi cally necessary.
(b) Such arrangements shall not:
(1) Unfairly deny health benefits for medically necessary covered services;
(2) Have differences in benefit levels payable to preferred providers compared to other providers which unfairly deny benefits for covered services;
(3) Have differences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers which differ by more than 20 percentage points;
(4) Have a coinsurance percentage applicable to benefit levels for services provided by nonpreferred providers which exceeds 30 percent of the benefit levels under the policy for such services; and
(5) Have an adverse effect on the availability or the quality of services.
(c) Notwithstanding the provisions of paragraphs (3) and (4) of subsection (b) of this Code section, health benefit plans providing incentives for covered persons to use pharma ceutical or dental services of preferred providers shall contain a provision which clearly identifies that the payment or reimbursement for a noncontracting provider of covered pharmaceutical or dental services shall be the same as the payment or reimbursement for a preferred provider of covered pharmaceutical or dental services; provided, however, the health benefit plan shall not be required to make payment or reimbursement in an amount which is greater than the actual fee charged by the provider for the dental or pharmaceuti cal services rendered.
(d) If an entity enters into a contract providing covered services with a health care provider, but is not engaged in activities which would require it to be licensed as a health care insurer, such entity shall file with the Commissioner information describing its activi ties and a description of the contract or agreement it has entered into with the health care

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JOURNAL OF THE SENATE

providers. Employers who enter into contracts with health care providers for the exclusive benefit of their employees and dependents are exempt from this requirement.
33-30-24. Health care insurers may issue health benefit plans which provide for incen tives for covered persons to use the health care services of preferred providers. Such policies or subscriber certificates shall contain at least the following provisions:
(1) A provision that if a covered person receives emergency care for services specified in the preferred provider arrangement and cannot reasonably reach a preferred provider, that emergency care rendered during the course of the emergency will be paid for in accordance with the terms of the health benefit plan, at benefit levels at least equal to those applicable to treatment by preferred providers for emergency care in an amount based on the usual, customary, and reasonable charges in the area where the treatment is provided; and
(2) A provision which clearly identifies the differences in benefit levels for health care services of preferred providers and benefit levels for health care services of nonpreferred providers.
33-30-25. Subject to the approval of the Commissioner under such procedures as he may develop, health care insurers may place reasonable limits on the number or classes of preferred providers which satisfy the standards set forth by the health care insurer, pro vided that there be no discrimination against providers on the basis of religion, race, color, national origin, age, sex, or marital or corporate status, and provided, further, that all health care providers within any defined service area who are licensed and qualified to render the services covered by the preferred provider arrangement and who satisfy the standards set forth by the health care insurer shall be given the opportunity to apply and to become a preferred provider.
33-30-26. Health care insurers as defined in this article shall be subject to and shall be required to comply with all other applicable provisions of this title and rules and regulations promulgated pursuant to this title.
33-30-27. The Commissioner shall promulgate all rules and regulations necessary or ap propriate to the administration and enforcement of this article."
Section 2. This Act shall apply to any health benefit plan issued, delivered, issued for delivery, or renewed on or after January 1, 1989.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Allgood of the 22nd offered the following amendment:
Amend the substitute to HB 507 offered by the Senate Committee on Insurance by striking lines 13 through 23 of page 2 and inserting in lieu thereof the following:
"delivered to a covered person who has suffered an accidental bodily injury or suffered the onset of a mental or medical condition or recurrence of a mental or medical condition which the beneficiary or insured reasonably believes is an emergency requiring immediate medical care or other attention."

On the adoption of the amendment offered by Senator Allgood of the 22nd, Senator Allgood of the 22nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bowen Bryant Coleman Crumbley

English Gillis Harris Hudgins Kennedy Langford

Ragan of 10th Ray Scott of 2nd Scott of 36th Starr Walker

MONDAY, FEBRUARY 15, 1988

807

Those voting in the negative were Senators:

Albert Baldwin Barnes Brannon Burton Coverdell Dawkins Deal Dean Echols Edge Engram

Fincher Foster Garner Harrison Hine Howard Huggins Johnson Kidd Land McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 32nd Shumake Stumbaugh Taylor Timmons Turner Tysinger

Not voting were Senators Broun and Tate (excused).

On the adoption of the amendment offered by Senator Allgood of the 22nd, the yeas were 18, nays 36, and the amendment was lost.

Senator Allgood of the 22nd offered the following amendment:
Amend the substitute to HB 507 offered by the Senate Committee on Insurance by striking lines 19 through 30 of page 5 and inserting in lieu thereof the following:
"(1) A provision that, if a covered person receives emergency care for services specified in the preferred provider arrangement, the emergency care rendered during the course of the emergency will be paid for in accordance with the terms of the health benefit plan in an amount which does not grossly exceed the usual, customary, and reasonable charges in the area where treatment is provided; and".

On the adoption of the amendment offered by Senator Allgood of the 22nd, the Presi dent ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bowen
^Croflemntan Coverdell
Crumbley Edge

English Gillis Harris
"Keundngei"dsy Kidd
Langford McGill

Peevy Ragan of 10th j^ay
Scott of 2nd Scott of 36th
Starr Walker

Those voting in the negative were Senators:

Albert Baldwin Barnes Brannon urt,on DDeaawl kins
j-) ean Echols
Engram
Fincher

Foster Garner Harrison Hine Howard uHuggm s
Johnson Land
McKenzie
Newbill

Olmstead Perry Phillips Ragan of 32nd Shumake cS*tumbuaughu
Taylor Timmons
Turner
Tysinger

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JOURNAL OF THE SENATE

Not voting were Senators Broun and Tate (excused).

On the adoption of the amendment offered by Senator Allgood of the 22nd, the yeas were 23, nays 31, and the amendment was lost.

Senator Allgood of the 22nd offered the following amendment: Amend the substitute to HB 507 offered by the Senate Committee on Insurance by striking from line 3 of page 4 the following: "medically", and inserting in lieu thereof the following: "reasonably".

On the adoption of the amendment offered by Senator Allgood of the 22nd, the Presi dent ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bowen Bryant Coleman Crumbley Dawkins Deal

Dean English Foster Gillis Harris Hudgins Kennedy Langford

McKenzie Peevy Ragan of 10th Ray Scott of 2nd Scott of 36th Timmons Walker

Those voting in the negative were Senators:

Albert Baldwin Bwnes Brannon Burton CEcohvoelrsdell
Edge
Engram
Fincher

Garner Harrison Hine Howard Huggms KLaidndd
McGill
Newbill
Olmstead

Perry Phillips Ragan of 32nd Shumake ,, Sltaumb, augh,
Taylor
Turner
Tysinger

Those not voting were Senators:

Broun

Johnson

Tate (excused)

On the adoption of the amendment offered by Senator Allgood of the 22nd, the yeas were 24, nays 29, and the amendment was lost.

Senator Allgood of the 22nd offered the following amendment:
Amend the substitute to HB 507 offered by the Senate Committee on Insurance by adding on line 20 of page 1, after the semicolon and before the word "to", the following:
"to prohibit health care insurers from having any ownership or financial interest in the operations of health care providers; to provide exceptions;".

MONDAY, FEBRUARY 15, 1988

809

By striking the quotation marks at the end of line 23 of page 6 and by adding between line 23 and line 24 of page 6 the following:
"33-30-28. Health care insurers shall not have an ownership or financial interest, except as mortgagee or lender for value, in the operations of any health care provider. This Code section shall not apply to any health care insurer or health care provider operating in this state prior to January 1, 1989.'"

On the adoption of the amendment offered by Senator Allgood of the 22nd, the Presi dent ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bowen Bryant Coleman Crumbley Dawkins Dean Echols

Edge English Foster Gillis Harris Hudgins Kennedy Langford McGill

Perry Ragan of 10th Ray Scott of 2nd Scott of 36th Starr Timmons Turner Walker

Those voting in the negative were Senators:

Albert Baldwin Barnes Brannon Burton Coverdell Deal Engram Fincher

Garner Harrison Hine Howard Huggins Johnson Kidd Land McKenzie

Newbill Olmstead Peevy Phillips Ragan of 32nd Shumake Stumbaugh Taylor Tysinger

Not voting were Senators Broun and Tate (excused).

On the adoption of the amendment offered by Senator Allgood of the 22nd, the yeas were 27, nays 27, and the amendment was lost.

Senator Allgood of the 22nd moved that the Senate reconsider its action in defeating the amendment he offered to the substitute to HB 507 offered by the Senate Committee on Insurance.

On the motion, the yeas were 37, nays 15; the motion prevailed, and the amendment offered by Senator Allgood of the 22nd was reconsidered.

On the adoption of the amendment offered by Senator Allgood of the 22nd, the Presi dent ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bowen Bryant Coleman Crumbley

Dean Edge English Foster Gillis Harris

Hudgins Kennedy Kidd Langford Perry Ragan of 10th

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JOURNAL OF THE SENATE

Ray Scott of 2nd

Scott of 36th Starr

Timmons Walker

Those voting in the negative were Senators:

Albert Baldwin Barnes
nBCouvrteorndell Dawkins Deal Echols Engram

Fincher Garner Harrison
Hine H,,Huogwgai.rndg Johnson Land McGill McKenzie

Newbill Olmstead Peevy
Phillips R0S,haug6manak.oef 32nd Stumbaugh Taylor Turner Tysinger

Not voting was Senator Tate (excused).

On the adoption of the amendment offered by Senator Allgood of the 22nd, the yeas were 24, nays 31, and the amendment was lost.

Senator Allgood of the 22nd offered the following amendment:
Amend the substitute to HB 507 offered by the Senate Committee on Insurance by striking lines 21 through 23 of page 6 and inserting in lieu thereof the following:
"33-30-27. (a) The Commissioner may promulgate all rules and regulations necessary or appropriate to the administration and enforcement of this article.
(b) The Commissioner shall promulgate rules and regulations necessary or appropriate to protect providers, insurers, and beneficiaries from unfair business practices where an in surer has any ownership or financial interest in the operation of any preferred provider arrangement.' "

On the adoption of the amendment offered by Senator Allgood of the 22nd, the Presi dent ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bowen
?Co/lfemntan Coverdell Crumbley Dean Edge

English Gillis Harris
KHeundngeindsy Kidd Langford McGill McKenzie

Ragan of 10th Ray Scott of 2nd
Scott of 36th
htarr Taylor Timmons Walker

Those voting in the negative were Senators:

Albert Baldwin Barnes Brannon Broun Burton Dawkins

Deal Echols Engram Fincher Foster Garner Harrison

Hine Howard Huggins Johnson Land Newbill Olmstead

MONDAY, FEBRUARY 15, 1988

811

Perry Phillips Ragan of 32nd

Shumake Stumbaugh

Turner Tysinger

Not voting were Senators Peevy and Tate (excused).

On the adoption of the amendment offered by Senator Allgood of the 22nd, the yeas were 26, nays 28, and the amendment was lost.

On the adoption of the substitute, the yeas were 41, nays 4, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge Engram

Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Bryant

English

Kennedy

Not voting was Senator Tate (excused).

On the passage of the bill, the yeas were 52, nays 3.

The bill, having received the requisite constitutional majority, was passed by substitute.

The President announced that the Senate would stand in recess from 12:36 o'clock P.M. until 1:45 o'clock P.M.

At 1:45 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, called the Senate to order.

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JOURNAL OF THE SENATE

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 862. By Representative Colbert of the 23rd:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act", so as to restrict the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining municipality or county under certain circumstances.

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 1401. By Representatives Jamieson of the llth, Reaves of the 147th, Porter of the 119th and others:
A bill to amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional powers and duties of the State Soil and Water Conserva tion Committee, so as to authorize the committee to enter into certain contracts and agreements and to receive certain grants.
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:

Allgood Baldwin Barker Barnes Burton Coleman Coverdell
Crumbley Dawkins
Dean

Echols Edge English Engram Garner Gillis Harris
Harrison Huggins
Kennedy (presiding)

Kidd Newbill Olmstead j^ Q *, rr , Stumbaugh
Taylor Timmons
Turner

Those not voting were Senators:

Albert Bowen Brannon Broun Bryant Deal Fincher Foster Hine

Howard Hudgins Johnson Land Langford McGill McKenzie Peevy Perry

Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Tate (excused) Tysinger Walker

MONDAY, FEBRUARY 15, 1988

813

On the passage of the bill, the yeas were 28, nays 0.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, voted yea making the yeas 29.

The bill, having received the requisite constitutional majority, was passed.

HR 620. By Representatives Colwell of the 4th, Murphy of the 18th, Jackson of the 9th, Wood of the 9th, McCoy of the 1st and others:
A resolution designating the Forest Hays, Jr., Correctional Institution.
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:

Allgood Baldwin Barker Barnes Bowen Burton Coleman Coverdell Crumbley Dawkins Dean

Echols Edge English Engram Garner Gillis Harris Harrison Hudgins Muggins Kidd

McGill Newbill Olmstead Ray Scott of 2nd Starr Stumbaugh Taylor Timmons Turner

Those not voting were Senators:

Albert Brannon
Broun Bryant Deal Fincher Foster Hine

Howard
Johnson Land Langford McKenzie Peevy Perry Phillips

Ragan of 10th Ragan of 32nd Scott of 36th Shumake Tate (excused) Tysinger Walker

On the adoption of the resolution, the yeas were 32, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1169. By Representatives Porter of the 119th, Ware of the 77th, Buck of the 95th and Moore of the 139th:
A bill to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to authorize the use of pharmaceutical agents for treatment purposes by optometrists.
Senate Sponsor: Senator English of the 21st.

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JOURNAL OF THE SENATE

The Senate Committee on Human Resources offered the following substitute to HB 1169:
A BILL
To be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to change the provisions relating to definitions; to authorize the use of pharmaceutical agents for certain treatment and diagnostic purposes by optometrists and provide for qualifications, conditions, procedures, and standards of care relating thereto; to provide for criminal penalties; to provide for civil and criminal immunity of pharmacists regarding the use by optometrists of certain pharmaceutical agents; to pro vide for lists of pharmaceutical agents; to change certain provisions relating to continuing education requirements and statutory construction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, is amended by striking paragraph (2) of Code Section 43-30-1, relating to defi nitions affecting optometrists, in its entirety and substituting in lieu thereof a new para graph (2) to read as follows:
"(2) (A) 'Optometry' means the art and science of visual care and is declared to be a learned profession. The practice of optometry consists of the diagnosis and interpretation of the visual behavior of the human organism by the employment of any means other than the use of drugs, medicine, or surgery. The practice of optometry further consists of the correc tion of visual anomalies through the prescribing, employment, and use of lenses, prisms, frames, mountings, contact lenses, orthoptic exercises, and visual training, light frequencies, and any other means or methods for the relief, correction, or remedy of any insufficiencies or abnormal conditions of the human visual organism, other than the use of drugs, medicine, or surgery. Nothing in this chapter shall prohibit the use, administration or prescription of pharmaceutical agents topically applied to the eye for diagnostic purposes and treatment of ocular disease in the practice of optometry by optometrists who have received pharmacolog ical training and certification from a properly accredited institution of higher learning and who are certified by the board to use pharmaceutical agents for diagnostic and treatment purposes. Only a doctor of optometry who is already certified for using pharmaceutical agents for diagnostic purposes and who has passed or passes an examination approved by the board which tests knowledge of pharmacology for treatment and management of ocular diseases shall be certified to use pharmaceutical agents for treatment purposes.
(B) The board shall establish by rule a list, which may be modified from time to time, of topically applied pharmaceutical agents which optometrists shall be allowed to use for treatment purposes.
(C) A doctor of optometry shall not administer or prescribe any pharmaceutical agent:
(i) For the purpose of treating glaucoma, including but not limited to any topically applied pharmaceutical agent otherwise valid for use under this chapter; or
(ii) Which is administered orally or by injection.
(D) Doctors of optometry using pharmaceutical agents for treatment purposes shall be held to the same standard of care imposed by Code Section 51-1-27 as would be applied to a physician licensed under Chapter 34 of this title performing similar acts.
(E) Any doctor of optometry who uses a pharmaceutical agent, except under the condi tions specified therefor by this chapter and any other law, shall be guilty of a misdemeanor unless a greater penalty is otherwise provided by law."
Section 2. Said chapter is further amended by striking subsection (b) of Code Section

MONDAY, FEBRUARY 15, 1988

815

43-30-8, relating to biennial registration and continuing education, and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) The board may approve educational programs to be held within or outside this state. The board shall approve only such educational programs as are available to all per sons practicing optometry in the state on a reasonable nondiscriminatory fee basis. Any request for board approval of an educational program shall be submitted in a timely manner with due regard for the necessity of investigation and consideration by the board. The board may contract with institutions of higher learning, professional organizations, or qualified individuals for the providing of programs that meet this requirement; and such programs shall be self-sustaining by the individual fees set and collected by the provider of the pro gram. The minimum number of hours of continuing education required shall be fixed by the board by February 1 of each calendar year. In no instance may the board require a greater number of hours of study than are available at approved courses held within the state; and the board is authorized to waive this requirement in cases of certified illness or undue hard ship. Continuing education requirements fixed by the board pursuant to this chapter shall not apply to persons practicing optometry who are 65 or more years of age."
Section 3. Said chapter is further amended by striking Code Section 43-30-13, relating to construction of statutes affecting optometrists, in its entirety and substituting in lieu thereof a new Code Section 43-30-13 to read as follows:
"43-30-13. (a) Nothing in this chapter shall be construed to apply to physicians and surgeons duly licensed to practice medicine, nor to prevent persons from selling spectacles or eyeglasses on prescription from any duly qualified optometrist or physician, nor to pre vent any person from selling glasses as articles of merchandise or from using test cards in connection with the sale of such glasses at a permanently located place when not trafficking or attempting to traffic upon assumed skill in optometry; nor shall anything in this chapter be construed to authorize any registered optometrist to prescribe or administer drugs except as permitted by law or practice medicine or surgery in any manner as defined by the laws of this state; nor shall this chapter be construed to authorize any such person to use the title of 'M.D.' or any other title mentioned in Code Section 43-34-20 or 43-34-26.
(b) Nothing in this chapter shall be construed to imply liability, either civil or criminal, on the part of a pharmacist who is duly licensed under Title 26 and who in good faith fills a prescription presented by a patient pursuant to this chapter. The pharmacist shall presume that the prescription was issued by a duly licensed optometrist under this chapter who has qualified under this Code section to prescribe pharmaceutical agents. The pharmacist shall also presume that the pharmaceutical agent prescribed by the optometrist is an approved pharmaceutical agent, unless the pharmacist has actual or constructive knowledge to the contrary."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon

Bryant Burton Coleman Coverdell Crumbley Dawkins

Deal Dean Echols Edge English Engram

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JOURNAL OF THE SENATE

Garner Gillis
Harris 5arrisn HHouwdgairnds Huggins Johnson Kidd

Land McGill
McKenzie Newbill O_.lmstead. Peevv Perry Phillips

Ragan of 32nd Ray
Scott of 2nd Starr S_ tumb, augh, Taylor Timmons Turner

Voting in the negative were Senators Albert and Hine.

Thoae not voting were Senators:

Broun Fincher Foster Kennedy (presiding)

Langford Ragan of 10th Scott of 36th Shumake

Tate (excused) Tysinger Walker

On the passage of the bill, the yeas were 43, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 616. By Senators Harrison of the 37th, Ragan of the 32nd, Barnes of the 33rd and Newbill of the 56th:
A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit; to provide for an additional supplement for the chief judge; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Brvant BCoulretomnan Coverdell
Dawkins
Deal Dean
Echols Edge

English Garner Gillis Harris Harrison Howard Hudgins JHouhgngsionns Kidd
Land
McGill McKenzie
Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Rav gcott of 2nd *Q*** of, 3__6th, btarr
Stumbaugh
Taylor Timmons
Turner Tysinger

Those not voting were Senators:

Allgood Broun

Crumbley Engram

Fincher Foster

MONDAY, FEBRUARY 15, 1988

817

Hine Kennedy (presiding)

Langford Shumake

Tate (excused) Walker

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1325. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide that in certain counties sessions of superior court may under certain conditions be held outside the county site in facilities of the state court.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Crumbley Deal Dean Echols Edge English

Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Land McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Allgood Broun Coverdell Dawkins Engram

Fincher Garner Kennedy (presiding) Langford

Shumake Starr Tate (excused) Walker

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Albert of the 23rd introduced the doctor of the day, Dr. James Fletcher, of Augusta, Georgia.

818

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 1459. By Representatives Bostick of the 138th, Branch of the 137th, Sizemore of the 136th, Hudson of the 117th and Carter of the 146th:
A bill to authorize the governing authorities of the counties comprising the Tifton Judicial Circuit to provide for supplemental compensation for the judges of the superior court in the Tifton Judicial Circuit.
Senate Sponsors: Senators Bowen of the 13th and Turner of the 8th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge English Fincher

Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Land McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Allgood Barker Brannon Broun

Dawkins Engrain Kennedy (presiding) Langford

Shumake Tate (excused) Walker

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general bill of the Senate, having been read the third time on February 5 and committed to the Senate Committee on Governmental Operations, and favorably re ported by the committee, was put upon its passage:

SB 564. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to change the definition of a certain term; to change the provisions relating to contributions made to candi date or campaign committee or for recall of a public officer; to change the provi sions relating to the campaign committee treasurer.

MONDAY, FEBRUARY 15, 1988

819

The Senate Committee on Governmental Operations offered the following substitute to SB 564:
A BILL
To be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to change the definition of a certain term; to change the provisions relating to contributions made to candidate or cam paign committee or for recall of a public officer; to change the provisions relating to the campaign committee treasurer; to provide certain duties for a candidate who does not have a campaign committee; to change the provisions relating to contributions or expenditures other than through a candidate or campaign committee; to change the provisions relating to campaign contribution disclosure reports; to provide that certain candidates for county of fice and certain candidates for municipal office shall not be required to file campaign contri bution disclosure reports; to change certain provisions relating to reporting dates with re spect to financial disclosure statements of public officers and candidates for public office; to change certain provisions relating to periods of time covered by such financial disclosure statements; to provide for nonapplicability to public officers who do not seek election to the same or any other public office; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," is amended by striking in its entirety paragraph (15) of Code Section 21-5-3, relating to definitions, and inserting in lieu thereof a new paragraph (15) to read as follows:
"(15) 'Public officer' means:
(A) Every constitutional officer;
(B) Every elected state official;
(C) Each member of the General Assembly;
(D) Every elected county official; and
(E) Every elected municipal official."
Section 2. Said chapter is further amended by striking in its entirety Code Section 21-530, relating to contributions made to candidate, or campaign committee or for recall of a public officer, and inserting in lieu thereof a new Code Section 21-5-30 to read as follows:
"21-5-30. (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 candidate or such candidate's campaign committee which is organized for the purpose of bringing about the nomination or election of any such candidate; and no contributions to bring about the recall of a public officer or to oppose the recall of a public officer or to bring about the approval or rejection by the voters of a 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 maintain records and file reports as required by this chapter or shall have a campaign committee for the purposes of maintaining records and filing reports as required by this chapter. Every campaign committee shall have a chairperson and a trea surer, except that the candidate may serve as the chairperson and treasurer. Before a cam paign committee accepts contributions, the name and address of the chairperson and trea surer 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 commit tee at a time when there is a vacancy in the office of chairperson or treasurer of the cam paign committee.
(c) Contributions of money received pursuant to subsection (a) of this Code section

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shall be deposited in the separate campaign depository account opened and maintained by the candidate or 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.
(e) The making and acceptance of anonymous contributions are prohibited. Any anony mous contributions received by a candidate or campaign committee shall be transmitted to the director of the Fiscal Division of the Department of Administrative Services for deposit in the state treasury, and the fact of such contribution and transmittal shall be reported to the commission.
(f) A person acting on behalf of a public utility corporation regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political campaign."
Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-5-31, relating to contributions or expenditures other than through a candi date or campaign committee, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any person who accepts contributions for, makes contributions to, or makes ex penditures on behalf of candidates is subject to the same disclosure requirements of this chapter as a candidate, except that contributions from individuals made directly to a candi date or his campaign committee do not require separate reporting, except that contributions from persons as defined in paragraph (14) of Code Section 21-5-3 which do not exceed $500.00 in the aggregate or which are made to only one candidate, regardless of the amount, do not require separate reporting."
Section 4. Said chapter is further amended by striking in its entirety Code Section 21-532, relating to duties of the campaign committee treasurer, and inserting in lieu thereof a new Code Section 21-5-32 to read as follows:
"21-5-32. (a) The candidate or treasurer of each campaign committee shall keep de tailed accounts, current within not more than five business days after the date of receiving a contribution or making an expenditure, of all contributions received and all expenditures made by or on behalf of the candidate or committee. The candidate or 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 candidate or treasurer of a campaign committee pursuant to this Code section may be inspected under reasonable circumstances before, during, or after the election 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 compe tent jurisdiction.
(c) Records of such accounts kept by the candidate or campaign committee shall be preserved for three years from the termination date of the campaign for elective office con ducted by the candidate or 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 5. Said chapter is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 21-5-34, relating to campaign contribution disclosure reports, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) The candidate or the chairperson or treasurer of each campaign committee organ-

MONDAY, FEBRUARY 15, 1988

821

ized 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 to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitu tional amendment or state-wide referendum shall file with the Secretary of State the re quired campaign contribution disclosure reports."
Section 6. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 21-5-34, relating to campaign contribution disclosure reports, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) Candidates or campaign committees which accept contributions or make ex penditures designed to bring about the nomination or election of a candidate shall file cam paign 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 reports 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 reports. If a run-off election is required following a primary, general, or special election, candidates in such an election shall make such reports six days prior to the run-off election and shall have a two-day grace period in filing the required report, with the exception that, if an election is scheduled on a Wednesday, the grace period shall end the Friday preceding the election. The mailing of such reports by United States mail with ade quate 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 author ized 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.
(2) Notwithstanding any other provision of this Code section, a candidate for county office or a candidate for municipal office shall not be required to file any campaign contribu tion disclosure reports required in this Code section until any such candidate's total contri butions exceed $5,000.00. After the date that the candidate's total contributions exceed $5,000.00, any campaign disclosure reports required by this Code section shall be filed by the candidate for county office or candidate for municipal office or public office by the date specified in this Code section."
Section 7. Said chapter is further amended by striking Code Section 21-5-50, relating to filing of financial disclosure statements, and inserting in lieu thereof a new Code Section 215-50 to read as follows:
"21-5-50. (a) Each public officer, as defined in subparagraphs (A) through (C) of para graph (15) of Code Section 21-5-3, shall file with the Secretary of State not before the first day of January nor later than July 1, 1988, and of each year thereafter in which such public officer holds office, a financial disclosure statement for the preceding calendar year. A public officer shall not, however, be required to file such a financial disclosure statement for the preceding calendar year in a year in which there occurs qualifying for election to succeed such public officer, if such public officer does not qualify for nomination for election to succeed himself or herself or for election to any other public office subject to this chapter. For purposes of this subsection, a public officer shall not be deemed to hold office in a year in which the public officer holds office for less than 15 days. Each public officer, as defined in subparagraph (D) 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 July 1, 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 (E) 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

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executive officer of such municipality, not before the first day of January nor later than July 1, 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 candi date for election as a public officer shall file with the Secretary 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 compli ance with the requirements of this chapter.
(b) A financial disclosure statement shall be in the form specified by the commission and shall identify:
(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;
(2) All fiduciary positions held by the candidate for public office or the public officer, with a statement of the title of each such position, the name and address of the business entity, and the principal activity of the business entity;
(3) All direct ownership interests held on December 31 of the covered calendar year, including any intangible property, in any business entity, including the name, address, prin cipal activity of the business entity, the office held by the candidate for public office or the public officer within such business entity, and the duties and responsibilities of the candi date for public office or the public officer in which such ownership is held, where:
(A) Such ownership interest is more than 10 percent; or
(B) Such ownership interest has a fair market value of more than $20,000.00;
(4) All direct ownership interests held as of December 31 of the covered year which have a fair market value of more than $20,000.00 or represent at least 10 percent of the candidate for public office's or the public officer's net worth in real property, including the county and state in which such property is located; and, for purposes of this paragraph, the fair market value shall be the appraised value of the real property for ad valorem tax pur poses; and
(5) All annual payments in excess of $20,000.00 received by the public officer or any business entity identified in paragraph (3) of this subsection from the state, any agency, department, commission, or authority created by the state, and authorized and exempted from disclosure under Code Section 45-10-25, and the agency, department, commission, or authority making the payments, and the general nature of the consideration rendered for the source of the payments."
Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. All laws and parts of laws in conflict with this Act are repealed.
Senator Howard of the 42nd offered the following amendment:
Amend the substitute to SB 564 offered by the Senate Committee on Governmental Operations by deleting Section 1 in its entirety and renumbering the subsequent sections accordingly.
Senator Hine of the 52nd offered the following amendment:
Amend the substitute to SB 564 offered by the Senate Committee on Governmental Operations by adding on page 1, line 23, after ";" the following:
"to prevent the insurance commissioner from accepting contributions from those enti ties he regulates;",

MONDAY, FEBRUARY 15, 1988

823

and by adding a new Section 8 on page 11, line 11, to read as follows:
"Section 8: The Insurance Commissioner shall not accept contributions from those enti ties regulated by the Insurance Commissioner.",
and by renumbering the other sections on page 11 appropriately.
Senator Edge of the 28th offered the following amendment:
Amend the substitute to SB 564 offered by the Senate Committee on Governmental Operations by striking $5,000.00 on line 33 of page 7 and inserting in lieu thereof "$1,000.00".
Senator Coverdell of the 40th offered the following amendment:
Amend the substitute to SB 564 offered by the Senate Committee on Governmental Operations by striking on page 8 beginning on line 16 with the word "A" all after that word through the word "days." on line 26.
Senators Garner of the 30th, Hine of the 52nd and Barnes of the 33rd offered the fol lowing amendment:
Amend the substitute to SB 564 offered by the Senate Committee on Governmental Operations by adding a new line on page 1, line 23 after the ";" to read,
"to limit contributions by political action committees;";
and adding a new Section 9 on page 11 as follows:
"No political action committee shall contribute more than $500.00.";
and by renumbering the other Sections accordingly.
Senator Kidd of the 25th moved that SB 564 be committed to the Senate Committee on Governmental Operations.
On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 564 was commit ted to the Senate Committee on Governmental Operations.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 586. By Senator Peevy of the 48th: A bill to amend Code Section 16-11-130 of the Official Code of Georgia Anno tated, relating to exemptions from certain provisions of law relating to carrying or possessing firearms, so as to provide that such provisions shall not apply to or affect off-duty peace officers.
Senator Peevy of the 48th offered the following substitute to SB 586:
A BILL
To be entitled an Act to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from certain provisions of law relating to carrying or pos sessing firearms, so as to provide that such provisions shall not apply to or affect certain persons; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from certain provisions of law relating to carrying or possessing firearms, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 16-11-130 to read as follows:
"16-11-130. (a) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any of the following persons if such persons are employed full time in the offices listed below

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or, if not full-time employees, while engaged in pursuit of official duty or when authorized by federal or state law, regulations, or order:
(1) Peace officers;
(2) Wardens, superintendents, and keepers of correctional institutions, jails, or other institutions for the detention of persons accused or convicted of an offense;
(3) Persons in the military service of the state or of the United States;
(4) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract;
(5) District attorneys, investigators employed by and assigned to a district attorney's office, and assistant district attorneys;
(6) Those employees of the State Board of Pardons and Paroles when specifically desig nated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon;
(7) The Attorney General and those members of his staff whom he specifically autho rizes in writing to carry a weapon;
(8) Probation supervisors employed by and under the authority of the Department of Corrections pursuant to the 'State-wide Probation Act' when specifically designated and authorized in writing by the director of Division of Probation;
(9) Public safety directors of municipal corporations; and
(10) Trial judges.
(b) A prosecution based upon a violation of Code Section 16-11-126, 16-11-127, or 1611-128 need not negative any exemptions."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of the substitute and bill would be sus pended and placed on the Senate General Calendar.
Senator English of the 21st moved that the following bill of the House, having been passed previously today, be immediately transmitted to the House:
HB 1169. By Representatives Porter of the 119th, Ware of the 77th, Buck of the 95th and Moore of the 139th:
A bill to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to authorize the use of pharmaceutical agents for treatment purposes by optometrists.
On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 1169 was imme diately transmitted to the House.

MONDAY, FEBRUARY 15, 1988

825

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:

HR 577. By Representative Prichard of the 8th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Bartow County, Georgia.
Senate Sponsors: Senators Scott of the 2nd and Dean of the 31st.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Bowen Brannon
r(T PCCoo,lveemrdaenll Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner
Gillis Harris Harrison
Hine HHuugdgg6mi. nss Johnson Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bryant Howard

Kennedy (presiding)

Tate (excused)

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The President resumed the Chair.

SB 618. By Senators Olmstead of the 26th, Kidd of the 25th, Harris of the 27th and others:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, so as to provide that the policy of the state is that all bills owed by the state and its institutions and agencies will be paid in a timely manner; to define certain terms; to provide for certain prompt payment methods.

Senator Olmstead of the 26th moved that SB 618 be postponed until February 16.

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On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 618 was post poned until February 16.

HB 1402. By Representatives Jamieson of the llth, Reaves of the 147th, Porter of the 119th, Barnett of the 10th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, Title 12 of the Official Code of Georgia Annotated, relating to conser vation and natural resources, and Title 45 of the Official Code of Georgia Anno tated, relating to public officers and employees, so as to change the name of the State Soil and Water Conservation Committee to the State Soil and Water Con servation Commission.
Soceunaait/ec Su^puoiniasourios:. Soceunaattuoiras Gvjiiliiliias ouif tthilee 2^.V0LthII aanudu Ei^niiggliiioshu ouif tHhIGe 2<*1i-swt..

Thheerreport of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Bryant Burton Crumbley Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman

Coverdell Johnson

Tate (excused)

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1503. By Representatives Alford of the 57th, Waddle of the 113th, Heard of the 43rd and others:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to continue the State Board of Registration for Professional Engineers and Land Surveyors and pro vide for its later termination.
Senate Sponsor: Senator Kidd of the 25th.

MONDAY, FEBRUARY 15, 1988

827

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the 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 ^ rannon
{f"n Crumbley Dawkins j}eal Dean Echols Edge English Engram

Fincher Foster Garner Gillis
Harris Harrison Hine
Howard ud r s Huggms Kennedy Kidd Land McGill McKenzie Newbill

Olmstead Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th Shumake Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bryant Coleman Coverdell

Johnson Langford

Starr Tate (excused)

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1337. By Representatives Jackson of the 9th, Pinkston of the 100th and Buford of the 103rd:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators, so as to provide that a person who has been de clared to be a habitual violator and who has had his driver's license revoked and who is convicted of operating a motor vehicle before he has been issued a driver's license or before the expiration of five years shall be guilty of a felony.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen

Brannon Broun Burton Coverdell Crumbley Dawkins

Deal Dean Echols Edge English Engram

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Fincher Foster Garner G"lis fi ams H Homweard Hudgins Huggins Kennedy Kidd

Land McGill McKenzie Newbill Olmstead nPeevy Perrv Phillips Ragan of 10th Ragan of 32nd

Ray Scott of 2nd Scott of 36th Shumake Stumbaugh rTr.aylior Timmons Turner Tysinger Walker

Those not voting were Senators:

Bryant Coleman Harrison

Johnson Langford

Starr Tate (excused)

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 410. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-8 of the Official Code of Georgia Annotated, relating to procedure for adverse action against permanent status employees gen erally under the merit system, so as to provide that a permanent status employee shall not be dismissed from employment or otherwise adversely affected as to compensation or employment status for refusing to take a polygraph examination.

The Senate Committee on Governmental Operations offered the following substitute to SB 410:

A BILL
To be entitled an Act to amend Code Section 45-20-8 of the Official Code of Georgia Annotated, relating to procedure for adverse action against permanent status employees generally under the merit system, so as to provide that a permanent status employee shall not be dismissed from employment or otherwise adversely affected as to compensation or employment status for refusing to take a polygraph examination; to provide certain excep tions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-20-8 of the Official Code of Georgia Annotated, relating to procedure for adverse action against permanent status employees generally under the merit system, is amended by adding at the end thereof a new subsection (f) to read as follows:
"(f) Notwithstanding any other provisions of this article, no permanent status employee shall be dismissed from employment or otherwise adversely affected as to compensation or employment status for refusing to take a polygraph examination; provided, however, that this subsection shall not apply in cases involving flagrant abuse of a patient, fraud, or theft."
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.

MONDAY, FEBRUARY 15, 1988

829

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bowen Brannon Broun Bryant Coleman Crumbley Dawkins

Deal Dean English Muggins Johnson Kennedy Kidd Land Langford

McGill Olmstead Peevy Ragan of 10th Scott of 2nd Scott of 36th Shumake Stumbaugh Walker

Those voting in the negative were Senators:

Albert Baldwin Barnes Burton Coverdell Echols Edge Engram

Fincher Foster Garner Gillis Harris Hine Howard McKenzie

Perry Phillips Ragan of 32nd Ray Taylor Timmons Turner Tysinger

Those not voting were Senators:

Harrison Hudgins

Newbill Starr

Tate (excused)

On the passage of the bill, the yeas were 27, nays 24.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Kidd of the 25th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 410.

HB 1441. By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd, Watts of the 41st, Greene of the 130th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to increase the daily and season maximum bag limits for deer to five deer.
Senate Sponsor: Senator Perry of the 7th.

Senators Land of the 16th, Barker of the 18th, Perry of the 7th and Echols of the 6th offered the following amendment:
Amend HB 1441 by inserting between lines 3 and 4 of page 1 the following:
"to provide for bag limits with respect to hunters using firearms; to provide for the hunting of antlerless deer;".

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By striking from line 19 of page 1 the following:
"seasons and bag limits for such species:",
and inserting in its place the following:
"seasons and bag limits for such species; provided, however, that the bag limit for deer for hunters using firearms shall be four, of which two must be antlerless, and antlerless deer shall be harvested only on dates and in counties in which either-sex hunting is authorized or on wildlife management areas where authorized:".
On the adoption of the amendment, the yeas were 46, nays 2, and the amendment was adopted.

Senator Hudgins of the 15th offered the following amendment:
Amend HB 1441 by inserting between lines 3 and 4 of page 1 the following:
"to provide for hunting by bow and arrow of antlerless or either-sex deer at any time during the open season on deer;",
and by inserting between lines 53 and 54 of page 2 the following:
"Section 2. Said Code Section is further amended by adding a new subsection (g) to read as follows:
'(g) Notwithstanding any other provision of law to the contrary, antlerless or either-sex deer may be hunted by bow and arrow any time during the open season on deer provided for in this Code section.' "
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.

On the adoption of the amendment, the yeas were 48, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger

Voting in the negative was Senator Walker.

MONDAY, FEBRUARY 15, 1988

831

Those not voting were Senators:

Howard

Phillips

Tate (excused)

On the passage of the bill, the yeas were 52, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1469. By Representative Jackson of the 9th:
A bill to amend Code Section 40-14-4 of the Official Code of Georgia Annotated, relating to compliance with federal rules and speed detection devices, so as to change the requirement for technicians who test speed detection devices.
Senate Sponsor: Senator Ragan of the 10th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Bryant Burton Coleman Crumbley Deal Dean Echols English Fincher

Foster Garner Gillis Hine Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill Olmstead

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Taylor Timmons Turner Walker

Those voting in the negative were Senators:

Barker Barnes Broun Coverdell

Dawkins Engram Howard Newbill

Peevy Shumake Stumbaugh Tysinger

Those not voting were Senators:

Brannon Edge

Harris Harrison

McKenzie Tate (excused)

On the passage of the bill, the yeas were 38, nays 12.

The bill, having received the requisite constitutional majority, was passed.

HB 1454. By Representative Randall of the 101st:
A bill to amend Code Section 43-3-38 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Accountancy, so as to continue

832

JOURNAL OF THE SENATE

that board but provide for the later termination of the board and the repeal of the laws relating thereto.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen
Broun BBuryrtaonnt Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge Engram Fincher Foster Garner Gillis
Harrison Hme HHouwdgairnds
Huggins
Johnson
Kennedy Kidd
Land
Langford McGill

McKenzie Newbill Olmstead Peevy Perry phillips R of D aSco^tt ofc o2ndj
Shumake
Stumbaugh
Taylor Timmons
Turner
Tysinger Walker

Those not voting were Senators:

English Harris

Ragan of 10th Scott of 36th

Starr Tate (excused)

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Barnes of the 33rd introduced Honorable George "Buddy" Darden, United States Representative from Georgia's Seventh District, who briefly addressed the Senate.

The following bill of the House was read the first time and referred to committee:

HB 862. By Representative Colbert of the 23rd:
A bill to amend Article 2 of Chapter 8 of Title 23 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act", so as to restrict the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining municipality or county under certain circumstances.
Referred to Committee on Natural Resources.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 3:27 o'clock P.M., the President announced that the Senate would stand adjourned until 9:30 o'clock A.M. tomorrow.

TUESDAY, FEBRUARY 16, 1988

833

Senate Chamber, Atlanta, Georgia Tuesday, February 16, 1988
Twenty-sixth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.

Senator Garner of the 30th moved that the Senate reconsider its action of February 15 in defeating the following bill of the Senate:

SB 410. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-8 of the Official Code of Georgia Annotated, relating to procedure for adverse action against permanent status employees gen erally under the merit system, so as to provide that a permanent status employee shall not be dismissed from employment or otherwise adversely affected as to compensation or employment status for refusing to take a polygraph examination.

On the motion, Senator Coverdell of the 40th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker
BgB, orawnennnot n Coleman Crumbley Dawkins

Dean English Garner
Gillis Harris Huggins Johnson Kennedy

Kidd Olmstead Peevy

SS_ ccootttt

of of

23,,,,n6.dt,,h

Shumake

Timmons

Walker

Those voting in the negative were Senators:

Burton Coverdell Echols Edge Engram Foster

Harrison Howard Land McGill McKenzie Perry

Phillips Ragan of 10th Ragan of 32nd Taylor Turner Tysinger

Those not voting were Senators:

Baldwin Barnes Broun
Fincher

Hine Hudgins Langford Newbill

Ray Starr Stumbaugh Tate

On the motion, the yeas were 25, nays 18; the motion prevailed, and SB 410 was recon sidered and placed at the foot of the Senate General Calendar.

834

JOURNAL OF THE SENATE

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1677. By Representative Balkcom of the 140th: A bill to amend an Act creating the State Court of Miller County, so as to au thorize the governing authority of Miller County to appoint a qualified assistant district attorney of the Pataula Judicial Circuit to serve as the solicitor of the State Court of Miller County under certain conditions.
HB 1703. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to change certain provisions relating to expense al lowances, reimbursement for actual expenses, and residency requirements; to prohibit participation in certain employee benefit plans.
HB 1705. By Representatives Atkins of the 21st, Isakson of the 21st, Aiken of the 21st, Clark of the 20th, Wilder of the 21st and others:
A bill to amend an Act known as the "Cobb County Civil Service System Act," so as to provide for a classified and unclassified service; to provide for adoption of a classification plan; to provide that upper managerial and upper supervisory posi tions shall be in the unclassified service.
HB 1706. By Representatives Atkins of the 21st, Isakson of the 21st, Aiken of the 21st, Clark of the 20th, Wilder of the 21st and others:
A bill to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner of Cobb County, so as to provide for an executive secretary to the tax commissioner.
HB 1709. By Representative Branch of the 137th:
A bill to create the Ben Hill County Public School System by merging and con solidating the county school system of Ben Hill County and the independent school system of the City of Fitzgerald; to create the board of education for the Ben Hill County Public School System.
HB 1710. By Representative Sizemore of the 136th:
A bill to amend an Act establishing a State Court of Worth County, so as to change the salary of the judge of said court.
HB 1713. By Representative Phillips of the 120th:
A bill to provide for the appointment of the chief magistrate of the Magistrate Court of Montgomery County by the governing authority of Montgomery County.

TUESDAY, FEBRUARY 16, 1988

835

HB 1718. By Representative Parrish of the 109th: A bill to amend an Act providing a board of elections of Emanuel County, so as to provide for an additional member of the board and provide for the designation of the chairman of that board.
HB 1416. By Representatives Beck of the 148th and Pinkston of the 100th: A bill to amend Code Section 7-4-2 of the Official Code of Georgia Annotated, relating to interest and usury, so as to provide that the rate of interest estab lished by written contract on transactions of $250,000.00 or more may be ex pressed in simple interest terms or otherwise.
HB 1546. By Representatives Watson of the 114th, Wood of the 9th, Groover of the 99th, Ware of the 77th, Dunn of the 73rd and others: A bill to amend Code Section 45-9-1 of the Official Code of Georgia Annotated, relating to purchase of liability insurance, etc., for public officers or employees generally, so as to change the definition of the term "agency"; to provide that foster parents duly appointed and approved by the Department of Human Re sources shall be considered to be state employees or officials for certain purposes.
HB 1460. By Representatives Triplett of the 128th and Johnson of the 123rd: A bill to amend an Act approved March 31, 1986, which Act amended Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, so as to regulate the taking of certain species of fish, so as to delete provisions relating to the automatic repeal of certain provisions relating to certain species.
HB 1639. By Representative McDonald of the 12th: 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 the superior court of Jackson County in the Piedmont Circuit.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 547. By Representative Beck of the 148th: A resolution compensating Mr. Roger L. Underwood.
HR 621. By Representative Mobley of the 64th: A resolution consenting to the annexation of certain state owned real property located in Barrow County into the municipal limits of the City of Winder.
HR 573. By Representative Harris of the 84th: A resolution compensating Mr. Greg Harden.
HR 747. By Representatives Connell of the 87th, Ransom of the 90th, Padgett of the 86th, Jackson of the 83rd, Brown of the 88th and others: A resolution designating the Savannah River Scenic Highway.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 896. By Representatives Bostick of the 138th and Carter of the 146th: A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commis-

836

JOURNAL OF THE SENATE

sions, etc., being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Georgia Agrirama Development Authority shall become members of said retirement system.
HB 1665. By Representatives Twiggs of the 4th and Dobbs of the 74th:
A bill to amend Code Section 32-6-21 of the Official Code of Georgia Annotated, relating to securing loads on vehicles, so as to specify the manner in which pulpwood or logs shall be secured when transported upon any public road or highway in this state.
HB 1370. By Representatives Kilgore of the 42nd, Watson of the 114th and Pettit of the 19th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to certain unfair or deceptive practices in consumer transactions, so as to provide that certain representations or implications in connection with certain promotional schemes designed to make contact with prospective customers shall be declared unfair or deceptive acts or practices and shall be unlawful.
HB 1670. By Representatives Richardson of the 52nd, Workman of the 51st, Aaron of the 56th, Alford of the 57th, Lawrence of the 49th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the numbers of judges of superior courts, so as to provide for a ninth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor.
HB 1123. By Representative Richardson of the 52nd:
A bill to amend Code Section 51-1-18 of the Official Code of Georgia Annotated, relating to the tort of furnishing alcoholic beverages to minors, so as to provide that either parent has a right of action against persons who sell or furnish alco holic beverages to certain minors.
HB 1280. By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 48-3-19 of the Official Code of Georgia Annotated, relating to transfer of tax executions, so as to provide that it shall be unlawful for certain tax officials and their employees to pay tax executions in order to obtain transfer of such executions; to provide that executions transferred in violation of the foregoing shall be void and unenforceable.
HB 1420. By Representative Crosby of the 150th:
A bill to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to require cer tain local governments to file an annual report of local government finances with the Department of Community Affairs.
HB 1160. By Representative Kilgore of the 42nd:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes on insurance companies, so as to change the date of collection and distribution of insurance premiums taxes; to require revenues re ceived by a county to be expended on services to inhabitants of the unincorpo rated areas of the county.

TUESDAY, FEBRUARY 16, 1988

837

HB 1550. By Representatives Lawson of the 9th, Jackson of the 9th and Wood of the 9th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for the terms and conditions under which counties or municipali ties may enter into multiyear lease, purchase, or lease purchase contracts.
HB 1261. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Thompson of the 20th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails generally, so as to provide that chiefs of police shall be the municipal corporations' jailers; to provide for the keeping of records.
HB 1369. By Representatives Mangum of the 57th, Athon of the 57th and Greene of the 130th:
A bill to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory school attendance of school-age children, so as to change the age of children to which compulsory school attendance shall apply.
The House has agreed to the Senate substitute to the following bill of the House:
HB 1533. By Representatives Hamilton of the 124th, Triplett of the 128th, Pannell of the 122nd, Mueller of the 126th, Johnson of the 123rd and others:
A bill to provide for the determination of the millage rate by the governing au thorities of Chatham County, the City of Savannah, and the independent school system of Chatham County and the City of Savannah; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commis sioner of Chatham County.
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 1285. By Representatives Barnett of the 10th, Twiggs of the 4th, Mobley of the 64th, Alford of the 57th and Jackson of the 83rd:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize public safety officers and employees of local political subdivisions to provide mutual aid during local emergencies and at other times under certain circumstances; to provide a short title.
The Speaker has appointed on the part of the House, Representatives Mobley of the 64th, Twiggs of the 4th and Barnett of the 10th.
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 7. By Representatives Hudson of the 117th, Branch of the 137th, Royal of the 144th, Sherrod of the 143rd, Smith of the 16th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definition of "game fish"; to change the provisions relating to food fish dealers; to change the provi sions relating to sale of fish by commercial fish hatcheries; to change the provi sions relating to the licensing of wholesale and retail fish dealers.

838

JOURNAL OF THE SENATE

The Speaker has appointed on the part of the House, Representatives Ray of the 98th, Bostick of the 138th and Hudson of the 117th.
The House insists on its position in amending the following bill of the Senate:
SB 475. By Senators Dean of the 31st, Kennedy of the 4th, Turner of the 8th 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, so as to revise the general provisions relative to the Department of Community Affairs; to provide for the continuation of the department; to provide definition of terms; to specify pur poses of the department; to provide for the Board of Community Affairs.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 645. By Senators Barnes of the 33rd, Harrison of the 37th, Newbill of the 56th and Ragan of the 32nd:
A bill to amend an Act entitled the "Cobb County Community Improvement District Act" so as to clarify the purpose of this Act; to change a definition and add additional definitions; to provide for the life of the district and for proce dures to extend the life of the district; to provide for a tax cap. Referred to Committee on Urban and County Affairs.
SB 646. By Senators Peevy of the 48th and Howard of the 42nd:
A bill to amend Code Section 31-7-75.1 of the Official Code of Georgia Anno tated, relating to holding the proceeds of certain sales of hospitals in certain trust funds, so as to provide that certain funds used to construct, expand, or improve a hospital shall not be held in such trust fund; to provide an effective date. Referred to Committee on Human Resources.
SB 647. By Senator Walker of the 43rd:
A bill to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to prohibit fraudulent purchasing or attempting to purchase residential property; to prohibit certain false statements, failure to disclose certain information, impersonation, and other fraudulent schemes or devices; to provide for penalties. Referred to Committee on Consumer Affairs.
SB 648. 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, the "Fair Business Practices Act of 1975," so as to change the provisions regarding unfair or deceptive acts which are unlawful; to eliminate the requirement for notice when certain temporary restraining orders are sought; to eliminate the requirement for a written demand for relief in certain private actions for equitable relief. Referred to Committee on Consumer Affairs.
SB 649. By Senator Walker of the 43rd:
A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations of actions, so as to provide that certain asbestos actions shall be revived; to provide for the extension of the

TUESDAY, FEBRUARY 16, 1988

839

applicable limitation of actions for certain asbestos actions; to provide for statu tory construction; to except certain asbestos actions from the limitation. Referred to Committee on Industry and Labor.
SR 388. By Senators Langford of the 35th, Garner of the 30th and Engram of the 34th:
A resolution relative to youthful or retarded offenders sentenced to death. Referred to Committee on Special Judiciary.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 896. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commis sions, etc., being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Georgia Agrirama Development Authority shall become members of said retirement system. Referred to Committee on Retirement.
HB 1123. By Representative Richardson of the 52nd:
A bill to amend Code Section 51-1-18 of the Official Code of Georgia Annotated, relating to the tort of furnishing alcoholic beverages to minors, so as to provide that either parent has a right of action against persons who sell or furnish alco holic beverages to certain minors. Referred to Committee on Special Judiciary.
HB 1160. By Representative Kilgore of the 42nd:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes on insurance companies, so as to change the date of collection and distribution of insurance premiums taxes; to require revenues re ceived by a county to be expended on services to inhabitants of the unincorpo rated areas of the county. Referred to Committee on Banking and Finance.
HB 1261. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Thompson of the 20th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails generally, so as to provide that chiefs of police shall be the municipal corporations' jailers; to provide for the keeping of records. Referred to Committee on Public Safety.
HB 1280. By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 48-3-19 of the Official Code of Georgia Annotated, relating to transfer of tax executions, so as to provide that it shall be unlawful for certain tax officials and their employees to pay tax executions in order to obtain transfer of such executions; to provide that executions transferred in violation of the foregoing shall be void and unenforceable. Referred to Committee on Banking and Finance.

840

JOURNAL OF THE SENATE

HB 1369. By Representatives Mangum of the 57th, Athon of the 57th and Greene of the 130th:
A bill to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory school attendance of school-age children, so as to change the age of children to which compulsory school attendance shall apply. Referred to Committee on Education,
HB 1370. By Representatives Kilgore of the 42nd, Watson of the 114th and Pettit of the 19th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to certain unfair or deceptive practices in consumer transactions, so as to provide that certain representations or implications in connection with certain promotional schemes designed to make contact with prospective customers shall be declared unfair or deceptive acts or practices and shall be unlawful. Referred to Committee on Industry and Labor.
HB 1416. By Representatives Beck of the 148th and Pinkston of the 100th:
A bill to amend Code Section 7-4-2 of the Official Code of Georgia Annotated, relating to interest and usury, so as to provide that the rate of interest estab lished by written contract on transactions of $250,000.00 or more may be ex pressed in simple interest terms or otherwise. Referred to Committee on Banking and Finance.
HB 1420. By Representative Crosby of the 150th:
A bill to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to require cer tain local governments to file an annual report of local government finances with the Department of Community Affairs. Referred to Committee on Urban and County Affairs (General).
HB 1460. By Representatives Triplett of the 128th and Johnson of the 123rd:
A bill to amend an Act approved March 31, 1986, which Act amended Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, so as to regulate the taking of certain species of fish, so as to delete provisions relating to the automatic repeal of certain provisions relating to certain species. Referred to Committee on Natural Resources.
HB 1546. By Representatives Watson of the 114th, Wood of the 9th, Groover of the 99th, Ware of the 77th, Dunn of the 73rd and others:
A bill to amend Code Section 45-9-1 of the Official Code of Georgia Annotated, relating to purchase of liability insurance, etc., for public officers or employees generally, so as to change the definition of the term "agency"; to provide that foster parents duly appointed and approved by the Department of Human Re sources shall be considered to be state employees or officials for certain purposes. Referred to Committee on Insurance.
HB 1550. By Representatives Lawson of the 9th, Jackson of the 9th and Wood of the 9th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for the terms and conditions under which counties or municipali ties may enter into multiyear lease, purchase, or lease purchase contracts. Referred to Committee on Urban and County Affairs (General).

TUESDAY, FEBRUARY 16, 1988

841

HB 1639. By Representative McDonald of the 12th: 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 the superior court of Jackson County in the Piedmont Circuit.
Referred to Committee on Judiciary.
HB 1665. By Representatives Twiggs of the 4th and Dobbs of the 74th: A bill to amend Code Section 32-6-21 of the Official Code of Georgia Annotated, relating to securing loads on vehicles, so as to specify the manner in which pulpwood or logs shall be secured when transported upon any public road or highway in this state.
Referred to Committee on Transportation.
HB 1670. By Representatives Richardson of the 52nd, Workman of the 51st, Aaron of the 56th and others: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the numbers of judges of superior courts, so as to provide for a ninth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor.
Referred to Committee on Judiciary.
HR 547. By Representative Beck of the 148th: A resolution compensating Mr. Roger L. Underwood in the sum of $1,043.95.
Referred to Committee on Appropriations.
HR 573. By Representative Harris of the 84th: A resolution compensating Mr. Greg Harden in the sum of $1,720.00.
Referred to Committee on Appropriations.
HR 621. By Representative Mobley of the 64th: A resolution consenting to the annexation of certain state owned real property located in Barrow County into the municipal limits of the City of Winder.
Referred to Committee on Public Utilities.
HR 747. By Representatives Connell of the 87th, Ransom of the 90th, Padgett of the 86th and others: A resolution designating the Savannah River Scenic Highway.
Referred to Committee on Transportation.
HB 1677. By Representative Balkcom of the 140th: A bill to amend an Act creating the State Court of Miller County, so as to au thorize the governing authority of Miller County to appoint a qualified assistant district attorney of the Pataula Judicial Circuit to serve as the solicitor of the State Court of Miller County under certain conditions.
Referred to Committee on Urban and County Affairs.
HB 1703. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to change certain provisions relating to expense al-

842

JOURNAL OF THE SENATE

lowances, reimbursement for actual expenses, and residency requirements; to prohibit participation in certain employee benefit plans. Referred to Committee on Urban and County Affairs.
HB 1705. By Representatives Atkins of the 21st, Isakson of the 21st, Aiken of the 21st and others: A bill to amend an Act known as the "Cobb County Civil Service System Act," so as to provide for a classified and unclassified service; to provide for adoption of a classification plan; to provide that upper managerial and upper supervisory posi tions shall be in the unclassified service.
Referred to Committee on Urban and County Affairs.
HB 1706. By Representatives Atkins of the 21st, Isakson of the 21st, Aiken of the 21st and others: A bill to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner of Cobb County, so as to provide for an executive secretary to the tax commissioner.
Referred to Committee on Urban and County Affairs.
HB 1709. By Representative Branch of the 137th: A bill to create the Ben Hill County Public School System by merging and con solidating the county school system of Ben Hill County and the independent school system of the City of Fitzgerald; to create the board of education for the Ben Hill County Public School System.
Referred to Committee on Urban and County Affairs.
HB 1710. By Representative Sizemore of the 136th: A bill to amend an Act establishing a State Court of Worth County, so as to change the salary of the judge of said court.
Referred to Committee on Urban and County Affairs.
HB 1713. By Representative Phillips of the 120th: A bill to provide for the appointment of the chief magistrate of the Magistrate Court of Montgomery County by the governing authority of Montgomery County.
Referred to Committee on Urban and County Affairs.
HB 1718. By Representative Parrish of the 109th: A bill to amend an Act providing a board of elections of Emanuel County, so as to provide for an additional member of the board and provide for the designation of the chairman of that board.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Banking and Finance has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:

TUESDAY, FEBRUARY 16, 1988

843

SB 448. Do pass by substitute. Respectfully submitted, Senator Hudgins of the 15th District, Chairman

Mr. President:

The Committee on Children and Youth has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 549. SB 612. SB 640. HB 1294. HB 1371.

Do pass. Do pass. Do pass. Do pass. Do pass by substitute.

HB 1399. HB 1400. HB 1407. HB 1450.

Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Barker of the 18th District, Chairman

Mr. President:

The Committee on Education has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 638. Do pass by substitute.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Education has had under consideration the following bill and resolu tions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 588. Do pass by substitute. SR 248. Do pass. SR 298. Do pass.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 596. Do pass by substitute.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

844

JOURNAL OF THE SENATE

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 626. Do pass.

HB 1301. Do pass.

SR 280. Do pass.

HB 1326. Do pass.

HB 1218. Do pass.

HB 1559. Do pass.

HB 1237. Do pass.

HB 1675. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Higher Education has had under consideration the following resolu tion of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 363. Do pass as amended.
Respectfully submitted,
Senator Fincher of the 54th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 604. Do pass as amended. SB 467. Do pass by substitute.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 635. Do pass as amended. HB 1519. Do pass.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following resolutions and bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 382. Do pass.

HB 1436. Do pass.

SR 383. Do pass.

HB 1523. Do pass.

TUESDAY, FEBRUARY 16, 1988

845

Respectfully submitted, Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 376. Do pass.

HR 590. Do pass.

HB 751. Do pass.

HR 708. Do pass.

HB 1468. Do pass by substitute.

HR 720. Do pass.

HB 1470. Do pass.

HR 725. 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 639. Do pass.

HB 1682. Do pass.

HB 1625. Do pass by substitute.

HB 1683. Do pass.

HB 1666. Do pass.

HB 1685. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

The following bills of the Senate and House were read the second time:

SB 611. By Senator Baldwin of the 29th:
A bill to amend Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, so as to change the amount of tax that a municipality may levy and collect to provide funds for municipal development authorities.

HB 1531. By Representatives Lawson of the 9th, Wood of the 9th and Jackson of the 9th:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to grand juries, so as to repeal the provisions relating to investigation and presentment of a list of per sons who hinder, obstruct, or interfere with a sheriff, constable, or other officer to the grand jury of the county and the penalty for failure of an officer to make such report.

The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Barnes Bowen

Brannon Bryant Burton Coleman Coverdell Crumbley

Deal Dean Echols Edge English Engram

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Fincher Foster Gamer Gillis

Land Langford McGill McKenzie

Ray Scott of 2nd Scott of 36th Shumake

HTJa. rrison Howard Huggins Johnson Kennedy Kidd

NOelmwsbt'eUad Peevy Perry Phillips Ragan of 10th Ragan of 32nd

SSttuam" baugh Taylor Timmons Turner Tysinger Walker

Those not answering were Senators:

Broun Dawkins

Hudgins

Tate (excused)

Senator McKenzie of the 14th introduced the chaplain of the day, Right Reverend Frank Alien, Bishop Coadjutor, Cathedral of St. Philip, Atlanta, Georgia, who offered scrip ture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 389. By Senators Timmons of the llth, Ragan of the 10th, Taylor of the 12th and others:
A resolution commending Mr. Hugh D. Broome.

SR 391. By Senator Broun of the 46th: A resolution expressing tribute to Donald E. Payton.

SR 393. By Senator Burton of the 5th: A resolution congratulating Mr. and Mrs. H. G. Pierce, Jr.

Senator Walker of the 43rd moved that Senator Tate of the 38th be excused from all roll calls in the Senate today due to illness.

On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Tate of the 38th was excused from all roll calls in the Senate today.

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Tuesday, February 16, 1988
TWENTY-SIXTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 639 Huggins, 53rd City of LaFayette Walker County
Changes and defines the corporate limits of the city.

TUESDAY, FEBRUARY 16, 1988

847

*HB 1625

Barnes, 33rd Newbill, 56th Harrison, 37th Ragan, 32nd Cobb County
Creates the Cobb County Commission on Children and Youth; provides for the manner of appointment of members; provides for terms, duties, and pow ers; authorizes the commission to receive and expend funds. (Substitute)

HB 1666 Broun, 46th Clarke County
Authorizes the city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the "Re development Powers Law"; provides for such powers.

HB 1682 Harris, 27th Upson County
Provides a homestead exemption of $10,000.00 from all ad valorem taxes for educational purposes, including taxes to retire bonded indebtedness, for each resident of the county school district who is disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occu pies and resides at such homestead, does not exceed $10,000.00.

HB 1683 Harris, 27th Upson County
Provides a homestead exemption of $10,000.00 from all county ad valorem taxes, including taxes to retire bonded indebtedness but excluding ad valorem taxes for the county school district, for each resident of Upson County who is disabled if his adjusted gross income, together with the ad justed gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00.

HB 1685 Harris, 27th Upson County
Provides that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the county school district who is 62 years of age or over and who does not have an income from all sources exceeding $10,000.00 per annum, shall be exempt from all ad valorem taxation for edu cational purposes levied for and in behalf of such school system, including taxes to retire bonded indebtedness.

The substitute to the following bill was put upon its adoption:

*HB 1625:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 1625:

A BILL
To be entitled an Act to create the Cobb County Commission on Children and Youth; to provide for the manner of appointment of members; to provide for terms, duties, and powers; to authorize the commission to receive and expend funds; to provide for all related matters; to provide for termination of the commission; to provide for an annual report; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) There is created the Cobb County Commission on Children and Youth. The commission shall be composed of 29 members as follows:
(1) Six members to be appointed by the Cobb County legislative delegation, three of whom shall reside in the 20th House legislative district and be appointed by members of the delegation who represent such district and three of whom shall reside in the 21st House legislative district and be appointed by members of the delegation who represent such district;
(2) Four members to be appointed by the Cobb County legislative delegation, one each from Senate districts 32, 33, 37, and 56, who shall reside in such district and be appointed by the member of the delegation who represents such district;
(3) Six members to be appointed by the Board of Commissioners of Cobb County, three of whom shall reside in East Cobb County and be appointed by members of the board who represent that portion of the county and three of whom shall reside in West Cobb County and be appointed by members of the board who represent that portion of the county; and
(4) Thirteen members to be appointed by the judiciary of the Cobb County courts, including the superior court, the state court, the magistrate court, the juvenile court, and the probate court. Appointments to the Cobb County Commission on Children and Youth shall include at least one member from each of the following fields or professions:
(1) Law enforcement;
(2) Child welfare;
(3) Medical;
(4) The judiciary;
(5) Education; and
(6) The business and civic community.
(b) All appointments to the commission shall be made within 30 days after the effective date of this Act. All persons appointed to serve on the Cobb County Commission on Chil dren and Youth shall be residents of said county. If a member of the commission moves his or her residence from the county, that member's position shall immediately become vacant and shall be filled in the same manner as the initial appointment.
Section 2. The commission shall undertake a study of the needs, issues, and problems outlined in this resolution and any and all related matters. The commission may meet at such times and places as it deems necessary to perform its duties and accomplish the goals and purposes of this resolution. The members of the commission shall elect a chairman and such other officers as it deems necessary from its membership at the organizational meeting. The commission may adopt such rules or procedures as it finds necessary or desirable for the governance of its operations. The members of the commission shall serve without com pensation or reimbursement for expenses from public funds.
Section 3. The commission is authorized to receive, accept, and expend funds from pub lic or private sources for programs to benefit the children and youth of Cobb County. The commission is authorized to expend such funds to employ a coordinator, who shall not be a member of the commission, for such programs. The salary of such coordinator shall be set by the commission.
Section 4. The commission shall make an annual report on July 1 of each year of its findings and recommendations to the members of the Cobb County legislative delegation, the Board of Commissioners of Cobb County, and the judicial officers of Cobb County.
Section 5. The commission shall stand abolished on July 1, 1990.
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

TUESDAY, FEBRUARY 16, 1988

849

Section 7. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 51, 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 the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun 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 Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Hine Johnson

Ragan of 10th Tate (excused)

Walker

On the passage of all the local bills, the yeas were 51, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 1625, having received the requisite constitutional majority, were passed.

HB 1625, having received the requisite constitutional majority, was passed by substitute.

The following bills of the Senate and House were taken up for the purpose of consider ing the House action thereon:

SB 475. By Senators Dean of the 31st, Kennedy of the 4th, Turner of the 8th 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, so as to revise the general provisions relative to the Department of Community Affairs; to provide for the continuation of the department; to provide definition of terms; to specify pur poses of the department; to provide for the Board of Community Affairs.

Senator Dean of the 31st moved that the Senate adhere to its disagreement to the House amendment, and that a Conference Committee be appointed.

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On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SB 475.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Dean of the 31st, Coleman of the 1st and Kennedy of the 4th.
HB 1285. By Representatives Barnett of the 10th, Twiggs of the 4th, Mobley of the 64th, Alford of the 57th and Jackson of the 83rd: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize public safety officers and employees of local political subdivisions to provide mutual aid during local emergencies and at other times under certain circumstances; to provide a short title.
Senator Harris of the 27th moved that the Senate adhere to the Senate amendment to HB 1285, and that a Conference Committee be appointed.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 1285.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Harris of the 27th, Bowen of the 13th and Edge of the 28th.
HB 7. By Representatives Hudson of the 117th, Branch of the 137th, Royal of the 144th, Sherrod of the 143rd, Smith of the 16th and others: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definition of "game fish"; to change the provisions relating to food fish dealers; to change the provi sions relating to sale of fish by commercial fish hatcheries; to change the provi sions relating to the licensing of wholesale and retail fish dealers.
Senator Perry of the 7th moved that the Senate adhere to the Senate substitute to HB 7, 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 7.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Gillis of the 20th, Barker of the 18th and Perry of the 7th.
SENATE RULES CALENDAR Tuesday, February 16, 1988
TWENTY-SIXTH LEGISLATIVE DAY SB 586 Firearm Possession--off-duty peace officers (Substitute) (S Judy--48th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended.) SB 531 Waste Collection, Private Companies--regulation (Substitute) (U&CA G--48th) HB 1495 Torts--certain persons not liable for acts of certain intoxicated (Substitute)
(S Judy--45th)

TUESDAY, FEBRUARY 16, 1988

851

HB 435 Abandoned Landfill Property--prohibit construction (Substitute) (Gov Op--25th)
SB 511 False Identification Documents--unlawful to possess (Substitute) (Judy--5th)
HB 1444 Certain Secretary of State Records--computerized network access (Amendment) (Judy--52nd)
HB 924 Limited Partnerships--revise, modernize laws relating to (Amendment) (Judy--52nd)
HB 1272 Business Corporations--revise laws relating to (Judy--52nd)
SR 366 Export of Georgia Tobacco--no limit or hindrance (Ag--24th)
HB 1221 Pandering--change definition of offense (Substitute) (Judy--43rd)
SB 624 Ocmulgee Judicial Circuit--compensation supplement, District Attorney (Substi tute) (Judy--25th)
SB 599 Theft by Conversion--include leased personal property (S Judy--48th)
SB 87 Fulton County Board of Health--option, state or local retirement (Substitute) (Ret--35th)
SB 365 Certain Boards of Registrars--Public Safety license examiners deputies (Substi tute) (Gov Op--43rd)
SB 510 Funds, Property Held on Behalf of Debtors--exemption (Substitute) (Judy--22nd)
SB 532 Boards of Health, Counties Over 550,000--health insurance benefits (Substitute) (U&CA G--40th)
SB 578 Motor Vehicle Injury--third party insurance claims (Substitute) (Ins--15th)
SB 617 Certain Sales of Personal Property to Political Subdivisions--prohibitions (Gov Op--20th)
SB 620 Commercial Landfill Deed--certain inclusions (Judy--22nd)
SB 629 Jail Construction and Staffing Act--provide (Corr--33rd)
SR 245 Hill Wilbanks Memorial Bridge--designate (Trans--54th)
SB 513 Jurors--hearing impaired have right to serve (Substitute) (S Judy--33rd)
SB 537 Bond Fund Expenditure--certain counties (U&CA G--33rd)
SB 628 County Boards of Equalization--selection (U&CA G--45th)
SB 630 Cities, Counties--prohibit selling fire, burglar systems (Substitute) (U&CA G--33rd)
SR 370 Nongasoline Fuel Used by Farmer--urge Congress to amend federal tax law (Ag--6th)
HB 1465 Boards of Equalization--requesting additional alternate members (U&CA G--44th)
SB 618 State Purchasing--bills paid in timely manner (Gov Op--26th)
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-

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tion suspended on February 15, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was put upon its passage:

SB 586. By Senator Peevy of the 48th:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Anno tated, relating to exemptions from certain provisions of law relating to carrying or possessing firearms, so as to provide that such provisions shall not apply to or affect off-duty peace officers.

The substitute to SB 586 offered by Senator Peevy of the 48th on February 15, as it appears in the Journal of February 15, was automatically reconsidered and put upon its adoption.

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Not voting were Senators Shumake and Tate (excused).

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 531. By Senator Peevy of the 48th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipalities, so as to provide for the regulation of solid waste collection or disposal services when a

TUESDAY, FEBRUARY 16, 1988

853

county or municipality enters into or expands such services where such services are provided by certain private companies.
The Senate Committee on Urban and County Affairs offered the following substitute to SB 531:
A BILL
To be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipalities, so as to provide for the regulation of solid waste collection or disposal services when a county or municipality enters into or expands such services where such services are provided by cer tain private companies; to provide for notice; to provide for certain duties of counties or municipalities entering into or expanding such services; to provide for contracts for such services; to provide for contents of such contracts; to provide for certain payments and lia bilities; to provide for liquidated damages; to provide for requests for certain information; to provide for termination of certain contracts; to provide for all other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipalities, is amended by adding at the end thereof a new Code section, to be designated Code Section 36-60-12, to read as follows:
"36-60-12. (a) Any county or municipality of this state which enters into or expands existing solid waste collection or disposal services where the collection or disposal of solid waste is presently provided by a private company or its legal successor and which company has provided the residential or disposal service for at least the previous 12 month period or which has receipts of $500.00 per month from commercial accounts, shall notify the com pany of its intent to enter into or expand solid waste services by certified mail return receipt requested.
(b) No county or municipality shall commence or expand solid waste collection disposal services for at least two years from the effective date of an ordinance, order, or other official record in which the county or municipality elects to enter into or expand such services un less it:
(1) Negotiates a contract for continued service by such company;
(2) Negotiates a contract satisfactory to such company. Any such contract may contain the following:
(A) A requirement that such company post a performance bond or letter of credit and maintain liability insurance coverage;
(B) A requirement that such company agree to serve customers in any annexed area that were not served by such company on the effective date of such annexation;
(C) A provision that divides the affected area into service areas if any case where more than one firm was providing services within such area so that the entire area is either served by such companies or served by such companies and the county or municipality;
(D) A provision that the county or municipality may serve customers not served by such company on the effective date of the expansion of service;
(E) Performance standards for such company which do not exceed such standards of the county or municipality, with provision that the contract may be canceled by such county or municipality for substantial violations of those standards; or
(F) A provision for monetary damages if there are violations of the contract or of per formance standards; or
(3) Agrees to compensate such company for liquidated damages. Liquidated damages as

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used in this paragraph shall constitute 16 times the average monthly revenue for the threemonth period immediately preceding the decision of intent to enter into or expand service.
(c) If the services to be provided under the contract with the county or municipality are substantially the same as the services rendered in the area prior to expansion of service, the amount paid by the county or municipality shall be at least 90 percent of the amount due to the firm prior to the expansion. If such services are required to be adjusted to conform to standards of the county or municipality or as a result of changes in the number of custom ers, and as a result there are changes in disposal costs, including mileage and landfill charges, requirements for storage capacity, dumpsters and residential carts, or frequency of collection, the amount paid by the county or municipality for the service shall be increased or decreased to reflect the value of such adjusted services.
(d) Any such company which provided such services in the affected areas shall make available upon written request by the county or municipality, not later than five days fol lowing such request, all information in its possession or control, including but not limited to operational, financial, and budgetary information, necessary for the county or municipality to determine if the provisions of this Code section apply to such company and to determine the nature and scope of the potential contract or economic loss.
(e) The county or municipality may, at any time after one year's operation under a contract entered into pursuant to this Code section, terminate such contract upon payment to such company of an amount equal to the liquidated damages determined in paragraph (3) of subsection (b) of this Code section discounted by the percentage of the contract which has elapsed prior to the effective date of the termination."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Scott of the 2nd offered the following amendment:
Amend the substitute to SB 531 offered by the Senate Committee on Urban and C"1o2u"n. ty Affairs by striking the number "16" on line 12, page 3, and inserting the number

On the adoption of the amendment, the yeas were 33, nays 6, and the amendment was adopted.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Brannon
BCoruylreftomnlan Crumbley Dawkins Deal Echols

English Fincher Foster Gillis
HHTIaarrrnisson Hudgms Huggins Langford Newbill

Olmstead Peevy Scott of 2nd Scott of 36th
SS_ htuummb,aakuegh, Taylor Turner Tysinger Walker

TUESDAY, FEBRUARY 16, 1988

855

Those voting in the negative were Senators:

Baldwin Barnes
Bwen Coverdell Dean Edge Garner

Hine Howard
Johnson Kennedy Kidd Land McGill

McKenzie Perry
Ragan of 10th Ragan of 32nd Rav Starr Timmons

Those not voting were Senators:

Engram

Phillips

Tate (excused)

On the passage of the bill, the yeas were 31, nays 22.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1495. By Representatives Chambless of the 133rd, Groover of the 99th, Thomas of the 69th, Robinson of the 96th, Pettit of the 19th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions so as to provide that certain persons shall not be liable for the acts of intoxicated persons who are of legal drinking age; to provide that certain persons may be liable for the acts of certain intoxicated per sons; to provide for certain legal proofs and assumptions.
Senate Sponsor: Senator Dawkins of the 45th.

The Senate Committee on Special Judiciary offered the following substitute to HB 1495:

A BILL
To be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions, so as to provide that certain persons shall not be liable for the acts of intoxicated persons who are of legal drinking age; to provide that certain persons may be liable for the acts of certain intoxicated persons; to provide for cer tain legal proofs and assumptions; to provide that under certain circumstances certain per sons who own, lease, or occupy premises shall not be liable for the acts of certain intoxicated persons; to provide for legislative findings; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions, is amended by adding at the end thereof a new Code Section 51-1-40 to read as follows:
"51-1-40. (a) The General Assembly finds and declares that the consumption of alco holic beverages, rather than the sale or furnishing or serving of such beverages, is the proxi mate cause of any injury, including death and property damage, inflicted by an intoxicated person upon himself or upon another person, except as otherwise provided in subsection (b) of this Code section.
(b) A person who sells, furnishes, or serves alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury, death, or damage caused by or re sulting from the intoxication of such person, including injury or death to other persons; provided, however, a person who willfully, knowingly, and unlawfully sells, furnishes, or serves alcoholic beverages to a person who is not of lawful drinking age, knowing that such person will soon be driving a motor vehicle, or who knowingly sells, furnishes, or serves alcoholic beverages to a person who is in a state of noticeable intoxication, knowing that

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such person will soon be driving a motor vehicle, may become liable for injury or damage caused by or resulting from the intoxication of such minor or person when the sale, furnish ing, or serving is a contributing proximate cause of such injury or damage. Nothing con tained in this Code section shall authorize the consumer of any alcoholic beverage to recover from the provider of such alcoholic beverage for injuries or damages suffered by the consumer.
(c) In determining whether the sale, furnishing, or serving of alcoholic beverages to a person not of legal drinking age is done willfully, knowingly, and unlawfully as provided in subsection (b) of this Code section, evidence that one person selling, furnishing, or serving alcoholic beverages had been furnished with and acted in reliance on identification as de nned in subsection (d) of Code Section 3-3-23 showing that the person to whom the alco holic beverages were sold, furnished, or served was 21 years of age or older shall constitute rebuttable proof that the alcoholic beverages were not sold, furnished, or served willfully, knowingly, and unlawfully.
(d) No person who owns, leases, or otherwise lawfully occupies a premises, except a premises licensed for the sale of alcoholic beverages, shall be liable to any person who con sumes alcoholic beverages on the premises without the consent of the owner, lessee, or law ful occupant to the consumption of alcoholic beverages or to any other person, or to the estate or survivors of either, for any injury or death suffered on or off the premises, includ ing damage to property, caused by the intoxication of the person who consumed the alco holic beverages."
Section 2. This Act shall apply only to causes of action which arise under Code Section 51-1-40 on or after the effective date 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.

Senator Coverdell of the 40th offered the following amendment:
Amend the substitute to HB 1495 offered by the Senate Committee on Special Judici ary by adding on line 14 of page 3 the following language:
"and shall only apply to causes of action arising out of the use or operation of a motor vehicle."

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun

Bryant Coleman Coverdell Dawkins Deal Dean Echols Edge

English Fincher Foster Garner Gillis Harris Harrison Hine

TUESDAY, FEBRUARY 16, 1988

857

Howard Hudgins Huggins Johnson KKeidndnedy
Land McGill
McKenzie

Newbill Olmstead Peevy Perry PRhaiglalinpsof 10th
Ragan of 32nd Ray
Scott of 2nd

Scott of 36th Starr Stumbaugh Tfl ,
Timmons
Turner Tysinger Walker

Voting in the negative were Senators Burton and Crumbley.

Those not voting were Senators:

Engram

Shumake

Langford

On the passage of the bill, the yeas were 50, nays 2.

Tate (excused)

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 1267. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd and others:
A bill to amend an Act providing for appropriations for the State Fiscal Year 1987-1988 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1987-1988.
The Conference Committee report on HB 1267 was as follows:
The Committee of Conference on HB 1267 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1267 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Terrell A. Starr Senator, 44th District

/s/ Lauren McDonald, Jr. Representative, 12th District

/s/ Joseph E. Kennedy Senator, 4th District

/s/ Larry Walker Representative, 115th District

/s/ Thomas F. Allgood Senator, 22nd District

/s/ Terry L. Coleman Representative, 118th District

Conference Committee substitute to HB 1267:

A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1987-1988 known as the "General Appropriations Act", approved April 20, 1987 (Ga. L. 1987, p. 1497), so as to change certain appropriations for the State Fiscal Year 1987-1988; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1987-1988, known as the "General Appropriations Act", approved April 20, 1987 (Ga. L. 1987, p. 1497), is

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amended by striking everything following the enacting clause through Section 79, and by substituting in lieu thereof the following:

"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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, including unappropriated surplus, reserves 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 ..................................

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 ........................

$20,239,128 $9,340,054 . $3,487,847 $1,098,890
$118,800 $6,000
........ $0 $468,150 $407,000 $443,000 $68,864 $643,000 $379,599
. $2,427,424 . . . $146,700 .... $71,000
$1,132,800 ........ $0 $20,239,128 $20,239,128

Senate and Research Office Lt. Governor's Office Secretary of the
Senate's Office Total
House of Representatives and Research Office
Speaker of the House's Office
Clerk of the House's Office Total

Senate Functional Budgets

Total Funds

$ 3,856,269

$

507,534

$ 1,031,466 $ 5,395,269 House Functional Budgets
Total Funds

$ 8,134,028

$

325,081

$ 1,060,042

$ 9,519,151

State Funds 3,856,269 507,534
$ 1,031,466 $ 5,395,269

State Funds

$ 8,134,028

$

325,081

$ 1,060,042

$ 9,519,151

TUESDAY, FEBRUARY 16, 1988

859

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

Joint Functional Budgets

Total Funds $ 1,973,618 $ 1,303,742

$

841,686

$ 1,205,662

$ 5,324,708

State Funds

$ 1,973,618

$ 1,303,742

$

841,686

$ 1,205,662

$ 5,324,708

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.............. ................................. $9,685,426

Regular Operating Expenses

$300,000

Travel ............................. ........ ............. ....... $785,000

Motor Vehicle Purchases............................................ $108,500

Publications and Printing ........ ............. ..................... $28,700

Equipment ............ ............................................ $15,000

Per Diem, Fees and Contracts ......................................... $9,000

Real Estate Rentals ................................................ $366,857

Computer Charges

$560,013

860

JOURNAL OF THE SENATE

Telecommunications .................... ........... Total Funds Budgeted State Funds Budgeted ..............................
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court
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 Payment to Council of Magistrate Court Judges ................................... Payment to Council of Probate Court Judges Payment to Council of State Court Judges
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission
PART III.
EXECUTIVE BRANCH
Section 10. 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 ....................................... Computer Charges ................................ Real Estate Rentals ............................... Telecommunications ...............................

.... $58,600 $11,917,096 $11,917,096
$3,654,950
$4,075,070
$33,548,469 $31,941,205 . . . $667,787 . . . $117,789 .... $71,399 . . . $735,289 .... $15,000
$289,331
. $467,268 . $376,250
$91,018
. $774,675 . $629,565
. . $70,500 . . $25,110
. $20,000 . $20,000
$9,500
$106,000
$38,427,229
$38,695,477 . $7,589,964 . . . $249,800 . . $299,500 . . $153,000 . $1,878,085 . $8,503,650 . $3,285,442 . . . $622,260

TUESDAY, FEBRUARY 16, 1988

861

Per Diem, Fees and Contracts . .

. . . . $414,400

Rents and Maintenance Expense

. $16,356,200

Utilities .......................

. $31,100

. . . . $273,800

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 ............................................ $31,400,121

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 ............................................ $2,600,000

Grants to Municipalities ....................................... . . $4,200,000

Total Funds Budgeted ......................................... $129,233,699

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 Administration 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

$ 10,516,040

$ 2,535,892

$

611,621

$

506,856

$ 46,502,487

$ 2,656,834

$ 38,403,480

$ 5,048,938

$ 1,328,550

$

566,561

$ 1,573,974

$ 129,233,699

State Funds

$

352,751

$ 2,227,126

$ 14,329,604

$

0

$ 2,535,892

$

0

$

506,856

$ 12,775,000

$

0

$ 5,700,000

$

0

$

0

$

0

$

0

$ 38,427,229

B. Budget Unit: Georgia Building Authority....................... Georgia Building Authority 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 ...............................................

$18,111,642 . $4,310,200 .... $12,600 .... $30,000 .... $55,000 . . . $171,100 ... $70,000 ..... $8,500 . . . $104,800 . . . $142,800
$740,000

862

JOURNAL OF THE SENATE

Utilities ......................................................... $7,680,100 Contractual Expense ............................................... $249,000 Fuel .............................................................. $40,000 Facilities Renovations and Repairs ........................................ $0 Total Funds Budgeted ........................................... $31,725,742 State Funds Budgeted ................................................... $0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds

$ 1,983,265 $

0

Custodial

$ 4,613,084 $

0

Maintenance

$ 4,808,318 $

0

Security Van Pool

$ 4,637,825 $

0

$

191,236 $

0

Sales

$ 3,980,929 $

0

Administration

$ 10,843,088 $

0

Railroad Excursions

$

667,997 $

0

Facility Renovations

$

0$

0

Total

$ 31,725,742 $

0

C. Budget Unit: Agency for the Removal of Hazardous Materials

$250,000

Operations Budget:

Personal Services................................................. $1,588,650

Regular Operating Expenses

$889,500

Travel ............................................................ $100,000

Motor Vehicle Purchases................................................. $0

Publications and Printing ............................................. $2,000

Equipment ............................. .................. . . .... $150,000

Computer Charges ...................................................... $0

Real Estate Rentals ..................................................... $0

Telecommunications ................................................. $10,000

Per Diem, Fees and Contracts ....................................... $100,000

Capital Outlay .......................................................... $0

Utilities ................................................................ $0

Total Funds Budgeted ............................................ $2,840,150

State Funds Budgeted .............................................. $250,000

Section 11. Department of Agriculture.

A. Budget Unit: Department of Agriculture

$33,716,116

State Operations Budget:

Personal Services................................................ $26,805,051

Regular Operating Expenses....................................... $2,516,656

Travel ............................................................ $877,000

Motor Vehicle Purchases. . ......................................... $649,875

Publications and Printing

$684,000

Equipment ......... ............................................ $1,449,593

Computer Charges ................................................. $450,657

Real Estate Rentals ................................................ $730,920

Telecommunications .............................. ................. $380,099

Per Diem, Fees and Contracts ....................................... $342,136

Market Bulletin Postage ............................................ $600,000

Payments to Athens and Tifton

Veterinary Laboratories ......................................... $2,141,160

TUESDAY, FEBRUARY 16, 1988

863

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

Plant Industry Animal Industry Marketing General Field Forces Internal Administration Information and Education Fuel and Measures Consumer Protection
Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total

atal Funds

i

4,382,707

i

7,150,685

i

1,619,448

!

3,592,372

i 4,214,699

i

1,380,188

i

3,162,083

! 5,720,655

i 4,142,024

!

4,574,586

i

323,685

!

1,915,769

i 42,178,901

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 ......................................... Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Goods for Resale .................................... Total Funds Budgeted ............................... State Funds Budgeted ...............................

. $2,433,603 . . . $547,000 . . . . $91,000 .... $75,000 . . . $155,000
. . . $445,151
. . . $665,000 .... $30,000
.... $60,000 .... $50,000 ........ $0 $42,178,901 $33,716,116

State Funds $ 3,940,614 $ 6,779,125 $ 1,613,401 $ 3,592,372 $ 4,121,555 $ 1,380,188 $ 3,155,083

$ 4,507,198

$ 1,715,476

$ 1,100,638

$

0

$ 1,810,466

$ 33,716,116

. $443,567 . $118,304 . . . $4,850 ...... $0 . . $10,425 . . $15,921 ...... $0 ...... $0 . . $9,950 . $30,025 . $220,800 . . $74,150 . $927,992

864

JOURNAL OF THE SENATE

Section 12. 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 ............................................... Computer Charges ........................................ Real Estate Rentals ....................................... Telecommunications ....................................... Per Diem, Fees and Contracts .............................. Total Funds Budgeted .................................... State Funds Budgeted ....................................
Section 13. 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 .............................................. 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 Residential Finance Authority ...................................... Payment to Georgia Environmental Facilities Authority for Operations ................................ Grant for Operating Expenses in Butts County .......................................... Grant for Economic Development Survey in Ware County ................................. Grant for Repairs to Courthouse in Berrien County ........................................ Grant for Livestock Facility in Morgan County...................................... Grant for the Rural Economic Development Incentive Project .......................... Grant for Community Agricultural Market Facility in Brooks County ............................... Grant to Taylor County for Operating Expenses .................................... Grant to Hall County for Operating Expenses ....................................

$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
$20,286,043
. $4,443,756 $136,668
. . $171,915 .... $7,500 .... $92,945
$18,121 .... $25,988 . . . $364,068
. $55,671 ... $99,573 ... $85,000
$1,400,000 ........ $0 . . . $139,000 $30,000,000 ........ $0 ........ $0 . . . $731,000
. $590,500
. $384,844
... $25,000
. . $20,000
.... $50,000
.... $75,000
. $35,000
... $30,000
... $15,000
.... $12,000

TUESDAY, FEBRUARY 16, 1988

865

Grant for Airport Development in Bibb County ................................................ $1,000,000
Grant to Muscogee County for Operating Expenses ................................................ $1,500
Grant to McDuffie County for Operating Expenses ............................................... $50,000
Grant to Seminole County for Operating Expenses ............................................... $80,000
Grant to Polk County for the Construction of a Human Services Facility ...................................... $100,000
Grant for Operating Expenses to the City of Ambrose ............................................ $20,000
Grant for Operating Expenses in Pierce County .................................................. $60,000
Grant for Operating Expenses to Locust Grove................................................... $10,000
Grant for Savannah's Science Museum in Chatham County .............................................. $100,000
Grant to the City of Glennville for Operating Expenses ............................................. $5,000
Grant for Park Equipment in Winterville ..................................................... $10,000
Grant for Dalton Carpet Exposition at Dalton, Georgia. ............................................. $8,177,000
Grant to Richmond County for Richard Dent Library at Paine College in Augusta ....................................... $150,000
Grant for a Human Services Center in Lanier County................................................. $200,000
Grant for Rolader Park in the City of Cave Spring ............................................... $15,000
Economic Development Grant to Powder Springs Development Authority for Downtown Development .................. $20,000
Grant to City of Rockmart for Human Development .............................................. $30,000
Grant for Operating Expenses to Opportunity Industrial Centers in Athens, Atlanta, Augusta...................... $225,000
Grant for Highway Beautification ...................................... $2,500 Grant for Coastal Area APDC ........................................ $25,000 For Airport Development Grants for Airports in Laurens County,
Jackson County, Union County, Dodge County, Peach County and Tift County ..................................................... $825,000 Grant for Quick Start Program for the City of Carrollton .......................................... $18,000 Grant for the National Science and Communication Foundation in Augusta ............................ $500,000 Grant to the Carroll County Board of Education for Operating Expenses ............................................ $25,000 Grant for Clinch County Board of Education...................................................... $60,000
Grant for Atkinson County Board of Education...................................................... $40,000
Grant for Hay House in Bibb County...................................................... $40,000
Grant for Jeff Davis County.......................................... $15,000 Grant for the City of Baxley ......................................... $25,000
Grant for Development Study of Airport in Middle Georgia ......................................... $50,000

866

JOURNAL OF THE SENATE

Grant for Commuter Rail Study Grant for Hall County ....................................... Grant for Rabun County Grant for Telfair County Grant for Madison County ................................... Grant for Senior Citizen Center
in Douglas County ........................................ Grant for Houston County Grant for Equipment in Rockdale
House in Rockdale County Grant for the City of Quitman Grant for Human Services Facility
in Lanier County.......................................... Grant for Clayton County Grant for Agriculture Center in
Carroll County ............................................ Grant for Effingham County Grant for Matching Fund for APDC Grant for the Polk County
Life Center ............................................... Grant for Economic Development............................. Grant for the Peach
Blossom Trail Grant for the Dalton Volunteer
Program.................................................. Grant for a Facility for Abused
Children in Gwinnett County Grant for Towns County ..................................... Total Funds Budgeted ....................................... State Funds Budgeted .......................................

Department of Community Affairs Functional Budgets

Total Funds

Executive and Administrative

16,306,626

Technical Assistance

1,365,366

Community and Economic Development

32,836,733

Intergovernmental Assistance

1,141,324

Total

51,650,049

Section 14. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation
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 ....................................... Utilities ............................................. Court Costs..........................................

$100,000 ... $30,000
. $5,000 .... $25,000 .... $46,000
.... $25,000 .... $24,500
..... $5,000 .... $15,000
.... $20,000 .... $25,000
.... $25,000 .... $25,000
$40,000
. . . $120,000 $120,000
$20,000
$12,000
.... $75,000 .... $5,000 $51,650,049 $20,286,043
State Funds 16,249,626 1,182,608
1,882,520 971,289
20,286,043
$276,527,489 $189,347,982 . $22,059,258 . . $1,240,761 . . $1,559,821
. $284,000 $6,159,868 . . $1,042,088 $2,800,914 . . $2,285,750 $1,503,437 $4,177,000 . . $8,356,400 . $350,000

TUESDAY, FEBRUARY 16, 1988

867

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 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 Budgets

Total Funds

General Administration

$ 12,333,348

Adult Facilities and Programs

$ 28,777,411

Training
Georgia Training and Development Center

$ 1,696,587 $ 1,720,286

Georgia Industrial Institute

$ 9,047,550

Georgia Diagnostic and Evaluation Center

$ 9,773,460

Georgia State Prison

$ 18,305,899

Consolidated Branches

$ 17,714,439

Middle Georgia Correctional Institution

$ 21,886,299

Jack T. Rutledge Correctional Institution

$ 3,607,562

Central Correctional Institution

$ 3,274,989

Metro Correctional Institution

$ 4,238,392

Coastal Correctional Institution

$ 4,542,928

Central Funds

$ 15,597,059

D.O.T. Work Details

$

769,384

Food Services

$ 14,645,992

Farm Services

$ 6,174,373

Dodge Correctional Institution

$ 3,460,379

... $10,355,000 ...... $6,468,438 ...... $5,569,000 ........ $600,000 ........ $600,000 ...... $2,942,150 ...... $1,495,480 ........ $300,000
.... $1,035,000 . . . . . $12,849,543 ......... $47,749
........ $262,900 ......... $75,378 ............. $0
$20,000 .... $283,787,917
$450,000 ......... $84,000 .... $276,527,489

State Funds $ 11,799,348

$ 28,563,911 $ 1,652,043

$ 1,720,286 $ 9,047,550

$ 9,773,460 $ 18,305,899 $ 17,634,439

$ 21,886,299

$ 3,607,562

$ 3,274,989

$ 4,238,392

$ 4,542,928

$ 15,597,059

$

0

$ 14,442,404

$ 6,174,373

$ 3,460,379

868

JOURNAL OF THE SENATE

Transitional Centers
Augusta Correctional and Medical Institution
Health Care
Rogers Correctional Institution
Burruss Correctional and Training Facility
Rehabilitation Programs
Federal Grants
Probation Administration
Probation Field Services
Probation Diversion and Detention Centers
Total
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 .............................. Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts County Jail Subsidy Total Funds Budgeted State Funds Budgeted
Section 15. Department of Defense. Budget Unit: Department of Defense 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 Utilities ................................. Grants to Locals--Emergency Management Assistance Grants--Others Georgia Military Institute Grant ................................. Civil Air Patrol Contract Capital Outlay Grants to Armories .......................

4,022,499
6,421,901 24,408,913
4,175,706
3,375,468 18,249,380
0 855,489 36,522,141
8,190,083 283,787,917

$ 4,022,499

$ 6,421,901 $ 24,408,913

$ 4,175,706

$ 3,375,468

$ 18,249,380

$

0

$

855,489

$ 32,422,141

$ 6,874,671
$ 276,527,489
. . $18,280,715
. . $14,896,453 ...... $447,841 ...... $438,100 ..... $117,000 ....... $58,000 ...... $221,219
$138,000 .... $1,029,590 ..... $381,500 ....... $96,000 ...... $457,012 . . . $18,280,715 . . $18,280,715

$4,442,476
$7,122,169 $1,833,219 . . $70,650
$50,000 . . . $43,050
$80,300 . . . $10,850 .... $8,200 . . $81,480 . $155,100 $1,721,870
$1,049,400 $42,000
. . . $18,000 . . $42,000 ....... $0 . $535,000

TUESDAY, FEBRUARY 16, 1988

869

Repairs and Renovations....................................... .... $75,000 Total Funds Budgeted ......................................... $12,938,288 State Funds Budgeted ......................................... . . $4,442,476
Department of Defense Functional Budgets

Office of the Adjutant General
Georgia Emergency Management Agency
Georgia Air National Guard
Georgia Army National Guard
Total

Total Funds
$ 2,303,646
$ 1,869,050 $ 3,217,161 $ 5,548,431 $ 12,938,288

State Funds

$ 1,167,014

$;

877,329

$i

427,045

$i 1,971,178

$i 4,442,476

Section 16. 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 .................................. Equipment ............................................... 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........................................... Mid-Term Adjustment..................................... Local Fair Share .......................................... Other Categorical Grants: Equalization Formula...................................... Sparsity Grants ........................................... Prepaid Teacher Retirement ............................... Special Instructional Assistance............................. Middle School Incentive ................................... Special Education Low-Incidence Grants .................... Non-QBE Grants: Education of Children of Low-Income Families

$2,245,756,883
. . $36,743,856 . . . . $3,574,594
$1,468,101 ....... $80,000 ...... $656,689 ...... $573,267 ... $6,010,105 . . . . $2,212,962 ...... $719,204 . $14,302,044 ...... $991,165 ...... $250,000
. . $559,731,932 . $473,386,212 . . $244,207,941
$69,273,939 . . $81,119,399 . . $152,243,958
$16,467,148 $21,975,900 . . . . $7,370,037 . $22,099,563 . . . $77,663,411 . . $417,072,368 . $100,315,399 ...... $936,193 $43,202,700 . $(380,572,432)
. $101,896,110 $1,982,515
........... $0 . . . . $1,000,000
. $3,000,000 ...... $188,694
. . $77,736,092

870

JOURNAL OF THE SENATE

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 Honors Program 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............. ................. Grants to Local School Systems
for Educational Purposes Child Care Lunch Program (Federal) Chapter II--Block Grant Flow Through Payment of Federal Funds to
Postsecondary Vocational Education Innovative Programs Technology Grants .................................. Limited English-Speaking
Students Program ................................. Remove Architectural Barriers Drug-Free School ................................... Refugee Transportation Program Emergency Immigrant Education Profound-Special Education Grant Robert C. Byrd Scholarship Program Total Funds Budgeted ............................... Indirect DOAS Services Funding ..................... State Funds Budgeted

Education Functional Budgets

Total Funds

State Administration

$ 3,008,875

Instructional Services

$ 16,929,370

Governor's Honors Program

$

907,728

Administrative Services

$ 15,707,480

Standards and Assessment

$ 11,433,121

Special Services

$ 3,923,599

Professional Practices

$

494,176

Professional Standards

$

224,831

Ga. Academy for the Blind

$ 4,016,541

$1,700,000 . . . $24,850,905 ... $1,895,143 . . $28,488,153
$121,090,490 . . $21,435,372
. . . . $5,460,238 . . . . $5,813,142 . . . . $2,419,218 . . $18,443,748 . . . . $2,581,128 ...... $913,920 . . . . $1,832,000
$2,860,000
...... $366,540 . . . . $4,772,348
$8,539,061 . . . . $4,424,861 ...... $746,975 . . . . $3,497,926
$78,000,000 . . . $14,261,645 . . . $10,457,937
. . . $13,657,800 ...... $548,000 ...... $500,000
...... $250,000 ...... $888,439 .... $2,541,012 ...... $180,784
$114,169 ... $7,348,486 ..... $184,500 $2,550,943,006
$340,000 . $2,245,756,883
State Funds
2,607,374
8,031,714
844,671
11,360,290
10,762,174
2,587,710
494,176
224,831
3,873,335

TUESDAY, FEBRUARY 16, 1988

871

Ga. School for the Deaf Atlanta School for the Deaf Local Programs Total

$ 6,578,202 $ 4,358,064 $ 2,483,361,019 $ 2,550,943,006

$ 6,372,735 $ 4,061,429 $ 2,194,536,444 $ 2,245,756,883

Section 17. 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 .......................................................... $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 18. Forestry Commission. Budget Unit: Forestry Commission ................................. $32,557,030 State Operations Budget: Personal Services................................................ $24,986,730 Regular Operating Expenses....................................... $6,172,548 Travel ............................................................ $145,415 Motor Vehicle Purchases.......................................... $1,571,112 Publications and Printing ............................................ $88,000 Equipment ...................................................... $3,678,745 Computer Charges ................................................. $149,091 Real Estate Rentals ................................................. $29,928 Telecommunications ................................................ $686,135 Per Diem, Fees and Contracts ....................................... $420,871 Contractual Research ............................................... $250,000 Payments to the University of Georgia, School of Forestry for Forest Research ............................. $300,000 Ware County Grant for Southern Forest World ........................ $30,000 Ware County Grant for Road Maintenance ............................ $60,000 Wood Energy Program .............................................. $51,500 Capital Outlay ................................................... $1,229,100 Total Funds Budgeted ........................................... $39,849,175 State Funds Budgeted ........................................... $32,557,030

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation

$ 5,257,468 $ 1,024,016

Field Services

$ 31,959,132 $ 28,907,439

Wood Energy

$

51,500 $

51,500

General Administration and Support

$ 2,581,075 $ 2,574,075

Total

$ 39,849,175 $ 32,557,030

872

JOURNAL OF THE SENATE

Section 19. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation ....................... $30,027,870 Operations Budget: Personal Services................................................ $21,068,876 Regular Operating Expenses....................................... $1,999,529 Travel ............................................................ $600,075 Motor Vehicle Purchases............................................ $827,000 Publications and Printing ........................................... $119,845 Equipment ........................................................ $574,000 Computer Charges ................................................. $857,000 Real Estate Rentals .............................................. $1,775,757 Telecommunications .............................................. $1,373,841 Per Diem, Fees and Contracts ........................................ $40,000 Evidence Purchased ................................................ $479,000 Utilities ............................................................ $93,000 Postage ............................................................ $73,000 Capital Outlay ..................................................... $146,947 Total Funds Budgeted ........................................... $30,027,870 Total State Funds Budgeted ..................................... $30,027,870

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration

$ 2,988,153 $ 2,988,153

Drug Enforcement

$ 5,859,937 $ 5,859,937

Investigative

$ 10,029,995 $ 10,029,995

Georgia Crime Information Center

$ 5,469,699 $ 5,469,699

Total

$ 24,347,784 $ 24,347,784

Forensic Sciences Division Budget Personal Services................................................. $4,456,586 Regular Operating Expenses......................................... $477,900 Travel ............................................................. $39,000 Motor Vehicle Purchases............................................. $93,000 Publications and Printing ............................................. $8,000 Equipment ........................................................ $241,000 Computer Charges ................................................. $140,000 Telecommunications ................................................ $117,000 Per Diem, Fees and Contracts ........................................ $19,000 Utilities .......... ................................................. $35,000 Postage ............................................................. $5,000 Capital Outlay ...................................................... $48,600 Total Funds Budgeted ............................................ $5,680,086 Total State Funds Budgeted ...................................... $5,680,086

Section 20. Georgia State Financing and Investment Commission.

Budget Unit: Georgia State Financing and Investment Commission . $9,000,000

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 ....................................

$3,000

Computer Charges .................................................. $12,000

Real Estate Rentals ................................................. $99,344

Telecommunications ................................................. $11,000

TUESDAY, FEBRUARY 16, 1988

873

Per Diem, Fees and Contracts ...... Authority Bond Defeasement....... Total Funds Budgeted ............. State Funds Budgeted .............

Section 21. Office of the Governor. Budget Unit: Office of the Governor Personal Services.................. Regular Operating Expenses Travel .......................... Motor Vehicle Purchases Publications and Printing ......... Equipment ...................... 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 ............

Office of the Governor Functional Budgets

Total Funds

Governor's Office

$ 5,405,891

Office of Fair Employment Practices

752,652

Office of Planning and Budget

4,093,733

Council for the Arts

3,538,826

Office of Consumer Affairs

1,909,650

State Energy Office

59,508,656

Consumers' Utility Counsel

511,834

Criminal Justice Coordinating Council

580,293

Juvenile Justice Coordinating Council

1,791,949

Vocational Education Advisory Council

342,497

Commission on Children and Youth

265,129

Growth Strategies Commission

180,000

Human Relations Commission

31,981

Total

78,913,091

Section 22. Department of Human Resources. A. Budget Unit: Department Operations .........
1. General Administration and Support Budget:

. $115,000 $9,000,000 $10,319,362
. $9,000,000
$17,076,589 $8,050,353
$286,140 . . . $176,679 ........ $0
$152,729 $83,009 $168,300 . $640,014 $198,632 $60,758,920 $2,613,891 $40,000 $2,599,000 . $153,000 $2,540,000 $402,424 . . . . $50,000 $78,913,091 $17,076,589

State Funds 5,405,891

$

691,439

$ 3,991,152

$ 3,000,581

$ 1,909,650

$

313,239

$

511,834

$

391,293

$

216,770

$

167,630

$

265,129

$

180,000

$

31,981

$ 17,076,589

$396,891,111

874

JOURNAL OF THE SENATE

Personal Services.......................... Regular Operating Expenses................ Travel ................................... Motor Vehicle Purchases................... Publications and Printing .................. Equipment ............................... 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 .....................

$45,657,983 . . $2,204,440
$1,286,100 ......... $0
$272,941 .... $565,287
$2,689,935 . . $4,579,748
$932,329 $36,559,251 . . . . $290,700 .... $899,288 ......... $0 ......... $0
. . . $7,235,000 . . $7,170,574 .... $215,000 . $110,558,576 . $638,300 .. $47,642,826

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office

$

762,303 $

762,303

Administrative Appeals

$ 1,178,302 $ 1,178,302

Administrative Policy, Coordination, and Direction

$

302,836 $

302,836

Personnel

$ 8,485,265 $ 8,442,739

Indirect Cost

$

0 $ (6,810,954)

Facilities Management Public Affairs

$ 4,736,274 $ 3,407,539

$

473,034 $

473,034

Community/ Intergovernmental Affairs
Budget Administration

$

497,862 $

497,862

$ 1,561,735 $ 1,561,735

Financial Services

$ 4,873,344 $ 4,673,344

Auditing Services

$ 1,857,762 $ 1,857,762

Special Projects

$

495,000 $

495,000

Office of Children and Youth

$ 7,192,614 $ 6,840,706

Planning Councils

$

449,249 $

133,579

Community Services Block Grant

$ 9,338,344 $

0

Regulatory Services--Program Direction and Support

$

689,251 $

689,251

Child Care Licensing Laboratory Improvement

$ 2,218,790 $ 2,198,790

$

791,704 $

463,935

Health Care Facilities Regulation

$ 2,842,518 $

781,705

Compliance Monitoring

$

386,617 $

386,617

Radiological Health

$

728,811 $

538,828

Fraud and Abuse Child Support Recovery

$ 4,329,522 $ $ 17,110,929 $

272,973 2,290,490

TUESDAY, FEBRUARY 16, 1988

Support Services
Aging Services State Health Planning
and Development Agency Total

$ 2,870,264 $ 35,214,534
$ 1,171,712 $ 110,558,576

2. Public Health 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 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 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

698,995

Employees' Health

327,570

Health Program Management

1,170,290

Vital Records

1,981,216

Health Services Research

648,182

Primary Health Care

779,546

Stroke and Heart Attack Prevention

1,907,366

Epidemiology

1,904,541

Immunization

469,330

Sexually Transmitted Diseases

1,515,840

Community Tuberculosis Center

1,284,709

Family Health Management

10,283,550

875
2,657,664 12,428,074
1,118,712 47,642,826
$38,888,757 $50,854,272 $1,056,873
$20,000 $318,995 $467,154 $993,281 $668,180 . $587,850 $17,279,125 ......... $0 $86,410 $559,000 $4,936,795 $2,055,000 $1,830,000 $7,142,000 $400,000 $2,532,000
$5,299,000 $302,000
$53,220,094 $562,000
$6,345,000 $196,403,786 . $549,718 $115,717,453
State Funds 501,770 292,570
1,085,290 1,882,088
425,364 751,631
1,377,366 851,462 0 260,012
1,284,709 4,523,730

876

JOURNAL OF THE SENATE

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 Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants Grant in Aid to Counties Community Health Management Community Care Total

$ 8,412,706

$

201,445

$ 9,763,335

$ 53,135,760

$ 1,659,801

$ 11,411,296

$ 1,334,123

$

628,316

$ 3,454,168

$

967,710

$ 4,679,543

$ 2,563,665

$ 9,520,453

$ 1,239,337

$ 1,197,366

7,747,022 50,525,054 2,275,096 2,716,455 196,403,786

$ 8,266,652

$

0

$ 4,943,351

$

0

$ 1,449,626

$ 9,199,353

$ 1,334,123

$

628,316

$ 3,454,168

$

428,938

$ 4,554,543

$ 1,403,362

$ 9,390,778

$

827,387

$ 1,197,366

$ 7,747,022 $ 45,193,902 $ 1,377,580 $ 1,084,994 $ 115,717,453

3. Rehabilitation Services Budget: Personal Services. ............................................... $59,191,401 Regular Operating Expenses...................................... $12,121,844 Travel ............................................................ $773,769 Motor Vehicle Purchases............................................ $162,000 Publications and Printing ........................................... $129,100 Equipment ...................................................... $1,371,785 Computer Charges ............................................... $2,005,156 Real Estate Rentals .............................................. $2,220,525 Telecommunications .............................................. $1,469,410 Per Diem, Fees and Contracts ..................................... $5,409,617 Utilities ........................................................... $963,200 Capital Outlay ...................................................... $25,000 Postage ........................................................... $485,680 Institutional Repairs and Maintenance ................................ $43,200 Case Services ................................................... $20,823,918 E.S.R.P. Case Services ............................................... $50,000 Special Purpose Contracts .......................................... $332,000 Purchase of Services Contracts .................................... $5,883,156 Total Funds Budgeted .......................................... $113,460,761 Indirect DOAS Services Funding .................................... $100,000 State Funds Budgeted ........................................... $21,533,515

Rehabilitation Services Functional Budgets

Total Funds

Program Direction and Support

$ 3,498,823

Grants Management

$

662,427

State Funds

$ 1,504,494

$

550,225

TUESDAY, FEBRUARY 16, 1988

877

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

$ 7,570,521

$ 16,487,140

$ 14,834,937

$ 28,995,901

$ 1,012,901

$ 32,983,367

$

461,243

$ 1,332,345

$ 5,211,256

$

409,900

$ 113,460,761

4. Family and Children Services Budget: Personal Services Regular Operating Expenses Travel ................................ Motor Vehicle Purchases Publications and Printing Equipment ............................
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

Family and Children Services Functional Budgets

Refugee Benefits
AFDC Payments
SSI--Supplemental Benefits
Energy Benefits
County DFACS OperationsSocial Services
County DFACS OperationsEligibility
County DFACS OperationsJoint and Administration
County DFACS Operations-- Homemakers Services
Food Stamp Issuance Director's Office Administrative Support

Total Funds

$ 1,408,000

$ 256,818,238

$

4,000

$ 12,978,058

$ 44,563,531

$ 69,216,101

$ 41,011,682

$ 6,099,507

$ 3,100,000

$

818,867

$ 3,780,764

$ 1,453,369

$ 4,143,593

$

577,338

$

0

$

0

$ 6,880,280

$

261,243

$

541,817

$ 5,211,256

$

409,900

$ 21,533,515

$13,063,819 ....... $368,970 ....... $397,600 ............ $0 ....... $909,158 ....... $104,181
$14,190,236 ....... $226,015
$8,343,824 ....... $933,300
$9,100 . . . . . $1,161,830
. $270,354,296 . $162,479,464 . . . . $43,174,233
$3,303,331 $519,019,357
$2,339,882 $211,997,317

State Funds

$

0

$ 91,466,684

$

4,000

$

0

$ 23,442,281

$ 34,576,066

$ 20,841,285

$ 5,518,107

$

0

$

818,867

$ 3,187,639

878

JOURNAL OF THE SENATE

Regional Administration Public Assistance Management Information Systems Social Services Indirect Cost Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care Home Management--Contracts Outreach--Contracts Special Projects Program Support County DFACS Operations--
Employability Program Total

$ 3,580,239

$ 5,340,927

$ 16,711,307

$ 2,149,146

$

0

$ 1,629,230

$ 1,325,000

$ 18,888,840

$ 1,919,914

$

485,700

$ 2,759,300

$ 18,102,680

$

150,000

$

737,000

$ 1,075,227

$ 2,777,456

$ 1,588,643 $ 519,019,357

Budget Unit Object Classes: Personal Services. ........................................ Regular Operating Expenses............................... Travel .................................................. Motor Vehicle Purchases.................................. Publications and Printing ................................. Equipment .............................................. 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. Cash Services.................................... Cash Benefits ............................................ Grants for County DFACS--Operations ....................

3,580,239
2,031,143
6,577,265
2,114,102
(8,799,001)
946,443
1,100,000
12,397,563
1,443,769
280,757
2,226,704
3,285,528
48,816
233,836
1,070,627
2,612,456
992,141
211,997,317
$156,801,960 . $65,549,526
$3,514,342 . . . . $182,000
$1,630,194 . . $2,508,407
$19,878,608 . $7,694,468
$3,922,889 . $67,591,817
$1,263,000 $2,633,208
$25,000 . $4,936,795
$2,055,000 . . $7,142,000 . . . . $559,000
$400,000 . $2,532,000
$5,299,000 $302,000
. . $1,830,000 $53,220,094
. $7,235,000 $50,344,807 $20,823,918 . . $50,000 $270,354,296 $162,479,464

TUESDAY, FEBRUARY 16, 1988

879

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 .............................................. 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 ........................................ 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

$ 33,773,897

Georgia Retardation Center

$ 29,160,919

Georgia Mental Health Institute

$ 23,980,096

Georgia Regional Hospital at Augusta

$ 18,813,434

Northwest Regional Hospital at Rome

$ 24,866,999

Georgia Regional Hospital at Atlanta

$ 27,476,050

Central State Hospital

$ 115,386,329

Georgia Regional Hospital at Savannah

$ 21,622,351

..... $43,200 . $10,195,331 . $6,445,156
$420,165,394
$334,365,954 $32,551,367 ... $907,896 . . . . $377,895 .... $165,908 . . $3,942,262 $4,253,385
$656,487 . . $2,791,606
$34,315,081 . $14,396,011 ... $266,400 . . $1,407,063 . . $2,119,055
. . $3,270,056
. . $1,941,430
. . $1,102,000
. $91,686,730
. $11,904,902
. $74,763,682 $617,185,170 . . $2,404,100 $420,165,394
State Funds 22,481,149 14,884,226
20,961,071
16,025,816
18,973,112
21,264,801 79,923,389
$ 18,235,934

880

JOURNAL OF THE SENATE

Gracewood State School and Hospital
West Central Georgia Regional Hospital
Outdoor Therapeutic Program Mental Health
Community Assistance
Mental Retardation Community Assistance
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
Project ARC
Metro Drug Abuse Centers
Group Homes for Autistic Children
Project Friendship
Community Mental Retardation Staff
Community Mental Retardation Residential Services
Contract with Clayton County Board of Education for Autistic Children
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

$ 43,140,167 $ 22,820,892

$ 18,889,023 $ 15,122,278 $ 1,967,766 $ 1,815,486

$ 8,099,997 $ 8,099,997

$ 3,126,079 $ 2,322,418

$ 68,749,489 $ 34,042,869 $ 11,601,871 $ 7,298,827

$

587,394 $

573,148

$

386,609 $

223,609

$ 1,102,000 $ 1,102,000

$ 74,763,682 $ 32,541,225

$

361,376 $

361,376

$ 1,652,922 $ 1,358,922

$

262,890 $

262,890

$

303,031 $

303,031

$ 3,521,190 $ 3,204,945

$ 17,744,582 $ 12,685,504

$

73,200 $

73,200

$ 7,655,617 $ 6,601,746

$

0 $ (383,006)

$ 16,511,062 $ 16,106,062

$ 9,105,866 $ 8,761,655

$ 6,396,843 $ 6,326,108

$ 3,395,853 $ 3,290,339

$ 3,559,381 $ 3,462,981

$ 9,577,827 $ 9,577,827

$ 2,394,686 $ 2,394,686

$

810,795 $

81,795

$

620,408 $

620,408

$ 2,893,245 $ 2,850,824

$

608,334 $

608,334

$

369,439 $

369,439

TUESDAY, FEBRUARY 16, 1988

881

Youth Services Administration
Total

$ 1,872,471 $ 617,185,170

Section 23. Department of Industry and Trade. Budget Unit: Department of Industry and Trade State 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 Postage .................................... Local Welcome Center Contracts Advertising and Cooperative Advertising ............................... Georgia Ports Authority Authority Lease Rentals ................... Historic Chattahoochee Commission Contract Atlanta Council for International Visitors Waterway Development in Georgia .................................. Georgia Music Week Promotion Georgia World Congress Center Operating Expenses Contract--Georgia Association of Broadcasters ........................... Southern Center for International Studies Capital Outlay .............................. Total Funds Budgeted ....................... State Funds Budgeted

Department of Industry and Trade Functional Budgets

Administration Economic Development Tourism Total

Total Funds

$ 8,623,258

i

4,603,462

!

7,125,325

< 20,352,045

Section 24. Department of Insurance. Budget Unit: Office of Insurance Commissioner Operations Budget: Personal Services........................... Regular Operating Expenses................ Travel ................................... Motor Vehicle Purchases.................... Publications and Printing ................... Equipment ...............................

1,805,081 420,165,394
$19,406,467
$6,300,845 $969,000
. . . . $316,000 $18,000 $340,000 $82,000 $184,500
. $538,700 $210,000
. . . . $464,000 . . . . $186,000 . . . . $230,000
. . $4,700,000
$2,745,000
$80,000
$25,000
$50,000 . $35,000
$2,800,000
$53,000
$25,000 ........ $0 $20,352,045 $19,406,467
State Funds 7,807,680 4,573,462 7,025,325 19,406,467
$9,479,169
. . $8,625,783 $366,500
. . . . $237,500 $13,000 $140,500 $66,067

882

JOURNAL OF THE SENATE

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

$ 1,477,886

Insurance Regulation

$ 2,545,351

Industrial Loans Regulation Information and Enforcement

$

545,494

$ 1,745,800

Fire Safety and Mobile Home Regulations

$ 4,330,538

Total

$ 10,645,069

Section 25. Department of Labor. Budget Unit: Department of Labor .......................... State Operations: Personal Services......................................... Regular Operating Expenses............................... Travel .................................................. Motor Vehicle Purchases.................................. Publications and Printing ................................. Equipment .............................................. Computer Charges ....................................... Real Estate Rentals ...................................... Telecommunications ...................................... Per Diem, Fees and Contracts (JTPA) ..................... Per Diem, Fees and Contracts ............................. W.I.N. Grants ........................................... Payments to State Treasury............................... Capital Outlay ........................................... Total Funds Budgeted .................................... State Funds Budgeted ....................................
Department of Labor Functional Budgets

Executive Offices Administrative Services Employment and Training
Programs
Total

Total Funds 2,981,784 17,951,559
121,691,104 142,624,447

Section 26. 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 ...................

. . $377,101 . . . $525,718
$175,400 . . . $117,500 $10,645,069 . $9,479,169
State Funds 1,477,886 2,439,366 545,494 1,745,800
3,270,623 9,479,169
. . $5,765,174
. $59,920,440 . $9,375,901
$1,167,655 ......... $0 ..... $65,582 . . . . $449,000 . . $3,216,570
$2,453,694 . . $1,601,283
$61,002,822 .... $471,500 ......... $0 . . $400,000
$2,500,000 $142,624,447 . . $5,765,174
State Funds 1,047,211 2,118,883
2,599,080 5,765,174
. . $7,556,594
. . $6,609,651 . . . . $340,000
$128,000 ......... $0 . $38,000
. $38,600

TUESDAY, FEBRUARY 16, 1988

883

Computer Charges .......................... Real Estate Rentals ......................... Telecommunications ......................... Per Diem, Fees and Contracts ................ Books for State Library Total Funds Budgeted ....................... State Funds Budgeted

Section 27. Department of Medical Assistance. Budget Unit: Medicaid Services ................ Departmental 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 ................ Postage .................................... Medicaid Benefits, Penalties and Disallowances Payments to Counties for Mental Health ..... Audit Contracts ............................. Total Funds Budgeted ....................... State Funds Budgeted .......................
Medical Assistance Functional Budgets

Commissioner's Office Program Management Systems Management Administration Program Integrity Benefits, Penalties
and Disallowances Total

Total Funds 1,159,692 17,814,537 13,011,488 2,214,504 3,632,962
1,077,331,775 1,115,164,958

Section 28. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Departmental Operations Budget: Personal Services................................... Regular Operating Expenses Travel ............................................ Publications and Printing ........................... Equipment ........................................ Computer Charges ................................. Real Estate Rentals ................................ Telecommunications ................................ Per Diem, Fees and Contracts ....................... Postage ........................................... Health Insurance Payments ......................... Total Funds Budgeted .............................. Agency Assessments ................................

. $183,651 $402,692 . . . $80,000 $45,000 $110,000 $7,975,594 $7,556,594
.. $358,722,506
. $10,057,082 ... $281,011 ...... $161,959
$11,000 $69,300 ....... $56,229 $10,692,103 $925,973 $364,375 $14,332,151 ...... $109,500 $1,060,817,875 . . . $16,513,900 ...... $772,500 . $1,115,164,958 $358,722,506
State Funds
499,470
2,583,592
3,467,913
304,094
1,518,049
350,349,388
358,722,506
. $15,796,135
. . $6,154,813 .... $204,550
$69,000 .... $263,000 .... $76,300 . . $1,921,428 .... $754,382
$80,300 $35,594,820
$214,000 $328,047,321 $373,379,914 . . $7,843,148

884

JOURNAL OF THE SENATE

Employee and Employer Contributions Deferred Compensation State Funds .........................

Merit System Functional Budgets

Total Funds

Applicant Services

$ 2,110,514

Classification and Compensation

$

912,837

Program Evaluation and Audit

$

730,775

Employee Training And Development

$ 1,138,511

Health Insurance Administration

$ 9,225,154

Health Insurance Claims

$ 355,937,321

Internal Administration

$ 2,015,084

Commissioner's Office

$ 1,309,718

Total

$ 373,379,914

Section 29. 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 .............................................. Computer Charges ....................................... Real Estate Rentals ...................................... Telecommunications ...................................... Per Diem, Fees and Contracts ............................. Postage ................................................. Land and Water Conservation Grants Recreation Grants ........................................
Grant-Chehaw Park Authority Grant-Zoo Atlanta........................................
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 Capital Outlay--Hazardous Waste
Site Acquisition .......................................

$349,688,474 ..... $52,157
$15,796,135
State Funds 0 0 0 0 0
15,796,135 0 0
15,796,135
$71,768,230
$48,391,599 . . $8,874,524 . . . . $498,025
$1,749,083 . $559,000 . . $1,949,977 . $508,620 . $1,685,280
$989,992 $1,284,789
$334,386 $2,000,000 ... $655,000
$500,000 $500,000
. $300,000
.... $125,000 . . $1,974,438
$300,000 .... $211,500
$1,106,000 $1,418,000
.... $800,575 . $206,000
. . . . . $50,000
. . . . $450,000 . . $1,535,000
. $20,000 . $287,000
$2,000,000

TUESDAY, FEBRUARY 16, 1988

885

Technical Assistance Contract ................................ Capital Outlay .............................................. Contract--Georgia Rural Water Association 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

7,103,905

Game and Fish

24,512,507

Parks, Recreation and Historic Sites

30,926,326

Environmental Protection

27,642,471

Coastal Resources

1,599,934

Total

91,785,143

. $125,000 $765,250 $10,000
. $149,405 $100,000 $526,700 . $150,000 $8,000,000 $150,000 ..... $7,000
$38,000 $500,000 $91,785,143 .... $53,750 . . $315,000 . $200,000 $71,768,230
State Funds
6,735,155
21,222,892
18,224,862
24,064,387
1,520,934
71,768,230

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

$ 4,981,275

Georgia Agricultural Exposition Authority

$

526,700

Total

$ 5,507,975

......... $0
. . $2,822,875 $2,072,400 $26,500 $69,500
..... $64,150 ..... $84,400 ..... $22,000 ..... $17,000
. $66,200 ..... $84,600 ......... $0 .... $178,350 . . $5,507,975 ......... $0

State Funds

$

0

$

0

$

0

886

JOURNAL OF THE SENATE

Section 30. 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 ........................................... 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 .................................. Regents Program...................................... Teachers' Retirement.................................. Teachers' Health Insurance ........................ Total Funds Budgeted ................................. State Funds Budgeted .................................

Institutions Functional Budgets

Administration Institutional Programs Total

Total Funds $ 3,936,544 $ 107,528,752 $ 111,465,296

Section 31. 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 ............................. 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 ...................

$99,062,296
. $2,325,044 ... $158,000 ... $57,000 .... $9,000
. $40,000 . $20,000 $104,000 $265,000 . . $46,000 . . $897,500 . $15,000 . $32,983,533 $8,446,396 $3,300,000 $4,300,000 $45,706,195 . . $2,415,816 $7,314,712 . . $3,062,100 $111,465,296 $99,062,296
State Funds
2,807,544
96,254,752
99,062,296
. $67,901,758
$50,414,735 $6,449,160 . . . . $137,500 $3,069,000
$630,000 $1,185,806 $3,474,000 . . . . . $13,000 $1,141,010 .... $208,470 $1,095,375 . . . . $225,000
$200,000 $359,502 $949,200 $69,551,758 $1,650,000 $67,901,758

TUESDAY, FEBRUARY 16, 1988

887

Administration Driver Services Field Operations Total

Public Safety Functional Budgets Total Funds
$ 15,976,158 $ 12,811,352 $ 40,764,248 $ 69,551,758

State Funds $ 14,476,158 $ 12,811,352 $ 40,614,248 $ 67,901,758

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 ................................................ 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

$ 4,033,264

Georgia Peace Officers Standards and Training

4,248,030

Police Academy

907,768

Fire Academy

1,098,028

Georgia Firefighters Standards and Training Council

415,803

Organized Crime Prevention Council

335,385

Georgia Public Safety Training Facility

5,678,114

Total

16,716,392

. $12,077,530
. . $5,207,176 . . $2,005,784 . . . . $156,850
$131,600 ..... $71,456 . . . . $171,563 . . . . $362,281 ... $151,722 . . . . $158,850 . $1,306,078 . . . . . $39,655
$2,643,377 . . $3,500,000 .... $810,000
$16,716,392 , $12,077,530

State Funds 266,632

$ 4,045,630

$

845,284

$

847,532

$

415,803

$

309,885

$ 5,346,764 $ 12,077,530

Section 32. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System Departmental Operations Budget: Payments to Employees' Retirement System Employer Contributions .............................. Total Funds Budgeted ................................ State Funds Budgeted ................................

. $13,572,600
.... $242,600 . $13,330,000
$13,572,600 . $13,572,600

Section 33. Public Service Commission. Budget Unit: Public Service Commission ................. Departmental Operations Budget: Personal Services.....................................

. . $7,232,781 . . $5,518,888

JOURNAL OF THE SENATE

Regular Operating Expenses......................................... $405,967 Travel ............................................................ $202,459 Motor Vehicle Purchases............................................ $235,200 Publications and Printing ............................................ $33,500 Equipment ........................................................ $105,919 Computer Charges ................................................. $258,125 Real Estate Rentals ................................................ $296,220 Telecommunications ................................................ $123,000 Per Diem, Fees and Contracts ..................................... $1,250,000 Total Funds Budgeted ............................................ $8,429,278 State Funds Budgeted ............................................ $7,232,781

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration

$ 1,321,050 $ 1,321,050

Transportation

$ 3,199,522 $ 2,113,167

Utilities

$ 3,908,706 $ 3,798,564

Total

$ 8,429,278 $ 7,232,781

Section 34. Regents, University System of Georgia. A. Budget Unit: Resident Instruction .............. ................ $633,457,082
Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. .................................. $659,941,020 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 ............................... $321,481 Special Desegregation Programs ..................................... $356,959 Authority Lease Rentals ......................................... $14,044,793 Research Consortium ............................................... $500,000 Eminent Scholars Program .......................................... $250,000 Capital Outlay ..................................................... $630,000 Total Funds Budgeted ......................................... $1,052,739,224 Departmental Income............................................ $22,000,000 Sponsored Income.............................................. $195,000,000 Other Funds ................................................... $199,254,842 Indirect DOAS Services Funding .................................. $3,027,300 State Funds Budgeted .......................................... $633,457,082

B. Budget Unit: Regents Central Office and Other Organized Activities ........................................... $135,417,421
Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs. .................................. $170,551,806 Sponsored Operations ......................................... $54,640,269 Operating Expenses: Educ., Gen., and Dept. Svcs. ................................... $74,398,975 Sponsored Operations ......................................... $21,336,281 Fire Ant and Environmental Toxicology Research ..................... $265,251 Agricultural Research............................................. $1,635,164 Advanced Technology Development Center ......................... $1,188,859 Capitation Contracts for Family Practice Residency ................. $2,635,750 Residency Capitation Grants ...................................... $2,381,730 Student Preceptorships ............................................. $158,000

TUESDAY, FEBRUARY 16, 1988

889

Center for Rehabilitation Technology ......................... SREB Payments ............................................ Medical Scholarships ........................................ Regents Opportunity Grants ................................. Regents Scholarships ........................................ Rental Payments to Georgia Military College .................. CRT INC. Contract at Georgia Tech
Research Institute ......................................... Total Funds Budgeted ....................................... Departmental Income........................................ Sponsored Income........................................... Other Funds ................................................ Indirect DOAS Services Funding ............................. State Funds Budgeted .......................................

. . . $654,239 $11,966,100 . . . $697,748 . . $600,000 . . . $200,000
$644,618
. . . . $173,000 $344,127,790
. $75,976,550 $132,178,119 . . . . $555,700 $135,417,421

Regents Central Office and Other Organized Activities Functional Budgets

1notal Funds

State Funds

Marine Resources Extensioinn Center

$ 1,837,107 i 1,125,683

Skidaway Institute of Ocea.nography

$ 2,814,535 i 1,427,904

Marine Institute

$ 1,386,330 i

815,631

Georgia Tech Research Institute

$ 87,693,751 i 11,281,989

Engineering Extension Division

$ 5,269,765 i 1,770,774

Agricultural Experiment St;aation

$ 46,690,101 i 31,057,468

Cooperative Extension Serv/ice

$ 44,745,980 i5 29,819,180

Eugene Talmadge Memoriail H(ospital

$ 120,565,675 i 30,415,912

Veterinary Medicine Experiimmeeint Station

$ 2,735,358 i 2,735,358

Veterinary Medicine Teachliinng Hospital

$ 2,237,849 i

435,262

Joint Board of Family Praccttice

$ 5,533,945 i 5,533,945

Georgia Radiation Therapy' Center

$ 1,537,429 i

0

Athens and Tifton Veterinary Laboratories

$ 2,115,755 !

34,105

Regents Central Office

$ 18,964,210 i 18,964,210

Total

$ 344,127,790 ! 135,417,421

C. Budget Unit: Georgia Public Telecommunications Commission Public Telecommunications Commission Budget: Personal Services Operating Expense*ss Total Funds Budgeted ......................... Other Funds State Funds Budgeted .........................

. . . . $7,856,109
$4,844,948 . . . . $6,828,500
$11,673,448 $3,817,339 $7.856.109

Section 35. Department of Revenue. Budget Unit: Department of Revenue . Operations Budget: Personal Services.................. Regular Operating Expenses........ Travel ........................... Motor Vehicle Purchases........... Publications and Printing .......... Equipment .......................

$63,899,456
$40,205,561 . $1,324,528 . $1,425,925
$263,000 . $2,429,155
$382,500

890

JOURNAL OF THE SENATE

Computer Charges ............................................... $7,339,575

Real Estate Rentals .............................................. $2,562,453

Telecommunications ................................................ $601,759

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.................................... $5,570,000

Postage ......................................................... $2,350,000

Total Funds Budgeted ........................................... $67,744,456

Indirect DOAS Services Funding .................................. $3,845,000

State Funds Budgeted ........................................... $63,899,456

Department of Revenue Functional Budgets

Total Funds

State Funds

Departmental Administration

$ 3,710,777 $ 3,710,777

Internal Administration

$ 8,658,047 $ 8,458,047

Electronic Data Processing Field Services

$ 3,974,230 $ 3,756,230 $ 13,618,141 $ 13,318,141

Income Tax Unit

$ 7,015,226 $ 6,058,226

Motor Vehicle Unit

$ 17,139,009 $ 15,507,009

Central Audit Unit

$ 5,655,563 $ 5,655,563

Property Tax Unit

$ 3,912,452 $ 3,831,452

Sales Tax Unit

$ 4,061,011 $ 3,604,011

Total

$ 67,744,456 $ 63,899,456

Section 36. Secretary of State.

Budget Unit: Secretary of State .................................... $19,429,131

Personal Services................................................ $12,488,214

Regular Operating Expenses....................................... $1,694,401

Travel ............................................................ $226,000

Motor Vehicle Purchases............................................ $109,900

Publications and Printing ........................................... $428,200

Equipment ........................................................ $176,600

Computer Charges ................................................. $394,300

Real Estate Rentals .............................................. $2,136,570

Telecommunications ................................................ $260,300

Per Diem, Fees and Contracts

$650,146

Election Expenses .................................................. $500,000

Postage ........................................................... $364,500

Total Funds Budgeted ........................................... $19,429,131

State Funds Budgeted ........................................... $19,429,131

Secretary of State Functional Budgets

Total Funds

State Funds

Internal Administration

$ 2,781,886 $ 2,781,886

Archives and Records

$ 4,447,476 $ 4,447,476

Corporations Regulation

$ 1,796,855 $ 1,796,855

Elections and Campaign Disclosure

$ 1,158,075 $ 1,158,075

Securities Regulation

$ 1,485,022 $ 1,485,022

Drugs and Narcotics

$

837,435 $

837,435

TUESDAY, FEBRUARY 16, 1988

891

State Ethics Commission

$

194,940

Occupational Certification

$ 6,727,442

Total

$ 19,429,131

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

S.B. of Nursing Home Administrators

11,942

G.B. of Nursing

71,044

S.B. of Dispensing Opticians

8,497

S.B. of Examiners in Optometry

16,571

S.B. of Occupational Therapy

8,256

S.B. of Pharmacy

79,556

S.B. of Physical Therapy

12,265

S.B. of Podiatry Examiners

6,649

S.B. of Polygraph Examiners

6,632

G.B. of Examiners of Licensed Practical Nurses

48,634

:$

194,940

:$ 6,727,442

:$ 19,429,131

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

$

42,282

$

778,712

$

31,977

$

56,620

$

16,916

$

450,269

$

46,350

$

25,801

$

41,656

$

442,775

892

JOURNAL OF THE SENATE

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
Total

12,622 14,461 5,488 6,501 14,003
8,564 41,874
7,385 1,163,078

B. Budget Unit: Real Estate Commission Real Estate Commission 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 Total Funds Budgeted State Funds Budgeted ...............

Real Estate Commission Functional Budget

Real Estate Commission

State Funds $ 1,426,312

Section 37. 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 .................................. Computer Charges ............................ Telecommunications ........................... Per Diem, Fees and Contracts Payment of Interest and Fees Guaranteed Educational Loans .................

333,196 70,864 21,953
30,511
174,370
37,833 109,437
133,695 6,881,566
$1,426,312
. . $776,412 . . $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 $3,400,000

TUESDAY, FEBRUARY 16, 1988

893

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

Total Funds

Internal Administration

$ 4,312,631 1

Higher Education Assistance Corporation

$

382,500 I

Georgia Student Finance Authority

$ 21,229,500 :

Total

$ 25,924,631 :

$12,302,000 $4,933,500
$42,000 $116,000 . . . $179,900 $256,100 $25,924,631 $18,650,542
State Funds
0
275,000
18,375,542
18,650,542

Section 38. 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 .................................................. Computer Charges ........................................... Real Estate Rentals .......................................... Telecommunications .......................................... Per Diem, Fees and Contracts ................................. County Conservation Grants .................................. Total Funds Budgeted ........................................ State Funds Budgeted ........................................

. . $1,371,017
.... $690,582 . . . . . $99,000 ..... $49,000 ......... $0 . . . . . $22,000 ...... $8,000 ... $3,000 ..... $35,039
$16,000 $126,000 . . . . $322,396 . . $1,371,017 . . $1,371,017

Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement System . Departmental Operations Budget: Personal Services........................ Regular Operating Expenses Travel .................................
Publications and Printing ................ Equipment ............................. Computer Charges ...................... Real Estate Rentals ..................... Telecommunications ..................... Per Diem, Fees and Contracts Postage ................................ Cost-of-Living Increases for Local
Retirement System Members Floor Fund for Local Retirement Systems Total Funds Budgeted ................... State Funds Budgeted ...................

$3,150,000
. $2,441,102 ..... $70,000 ..... $25,000 ..... $55,000 ...... $9,000 .... $791,800 . . . . $288,500 ..... $85,000
$262,900 ..... $88,000
$2,135,000 $1,015,000 . . $7,266,302 $3,150,000

Section 40. Department of Transportation. Budget Unit: Department of Transportation

$444,009,430

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For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities.
Departmental Operations Budget: Personal Services............................................... $198,278,521 Regular Operating Expenses...................................... $48,328,975 Travel .......................................................... $1,716,271 Motor Vehicle Purchases.......................................... $1,016,000 Publications and Printing ........................................... $470,084 Equipment ...................................................... $3,289,301 Computer Charges ............................................... $2,085,232 Real Estate Rentals .............................................. $1,289,059 Telecommunications .............................................. $1,955,802 Per Diem, Fees and Contracts ..................................... $9,250,600 Capital Outlay ................................................. $518,519,312 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 ........................................ $8,850,000 G.O. Debt Sinking Fund ......................................... $31,000,000 Total Funds Budgeted .......................................... $857,862,049 State Funds Budgeted .......................................... $444,009,430

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction

$ 565,082,159

200,451,260

Maintenance and Betterments

$ 216,453,036

198,023,328

Facilities and Equipment Assistance to Counties

4,317,032 9,317,013

3,641,032 9,317,013

Administration Total

18,571,307 813,740,547

18,196,307 429,628,940

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 Total

Total Funds 9,317,000
900,000
106,000 2,143,544 16,818,208 14,836,750 44,121,502

State Funds 317,000

900,000

i5

106,000

i 1,663,544

i( 5,407,196

i( 5,986,750

if 14,380,490

Section 41. Department of Veterans Service. Budget Unit: Department of Veterans Service Departmental Operations Budget: Personal Services......................... Regular Operating Expenses............... Travel ..................................

$16,942,176
. $4,212,979 . . . . $49,571 . . . . $82,000

TUESDAY, FEBRUARY 16, 1988

895

Motor Vehicle Purchases........ Publications and Printing Equipment .................... Computer Charges Real Estate Rentals ............ Telecommunications Per Diem, Fees and Contracts Capital Outlay Postage ...................... Operating Expense/Payments to
Central State Hospital........ Operating Expense/Payments to
Medical College of Georgia Regular Operating Expenses
for Projects and Insurance Total Funds Budgeted ......... State Funds Budgeted

.. $21,000 ... $117,000 ..... $2,402 ... $212,113 .. $58,000 .... $15,400 ........ $0
$33,000
. $9,877,806
. $5,226,155
... $235,000 $20,142,426 $16,942,176

Veterans Service Functional Budgets

Total Funds

Veterans Assistance

4,704,465

Veterans Home and Nursing Facility--Milledgeville

10,118,806

Veterans Nursing Home--Augusta

5,319,155

Total

20,142,426

State Funds $ 4,468,940
$ 8,270,081 $ 4,203,155 $ 16,942,176

Section 42. Workers' Compensation Board. Budget Unit: Workers' Compensation Board 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 ............ Postage ................................ Total Funds Budgeted ................... State Funds Budgeted ...................

. . $6,844,856
. . $5,433,404 . . . . $113,231
$61,500 ......... $0
$63,000 ..... $70,230 .... $287,991
$523,000 $90,500 .... $157,500 ..... $84,500 . . $6,884,856 . . $6,844,856

Section 43. 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) ...............................

$143,627,884 $107,471,094

Section 44. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions 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

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by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.
Section 45. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employ ees of the Court.
Section 46. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to at tend the Judicial College.
Section 47. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.
Section 48. Provisions Relative to Section 7, Institute of Continuing Judicial Educa tion. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 49. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Re porting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 50. Provisions Relative to Section 13, Department of Community Affairs. Pro vided that of the $1,000,000 appropriated for development of a Middle Georgia airport, no funds shall be disbursed or contractually obligated prior to voter ratification in Bibb County of a sales tax to finance such development.
Section 51. Provisions Relative to Section 14, Department of Corrections. The Depart ment of Corrections shall pay each county donating land $500 per acre or the actual cost per acre, whichever is less, for no more than 200 acres per county.
Section 52. Provisions Relative to Section 16, 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 16 (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 16, 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 16, funds in the amount of up to $352,000 are setaside for extended year purposes. Funds are to be made available to local school systems on

TUESDAY, FEBRUARY 16, 1988

897

a 50/50 matching basis upon receipt of application and approval by the Department of Edu cation. 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 53. Provisions Relative to Section 17, 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-ofliving increases on July 1, 1987, and January 1, 1988.

Section 54. Provisions Relative to Section 20, Georgia State Financing and Investment Commission. Provided that of the $9,000,000 appropriated for authority bond defeasement, any portion thereof not required for the defeasement of Georgia Education Authority (Uni versity) bonds shall be utilized by Georgia State Financing and Investment Commission to defease other Authority issues, or to retire other Authority or State General Obligation Debt.

In the event any property acquired by the proceeds of bonds issued for projects and purposes of the World Congress Center is to be utilized for the construction of any athletic facility which will be used in whole or in part by any professional sports franchise, then any lease or other agreement for such use by such professional sports franchise shall not become effective until and unless such lease or other agreement is approved by the Fiscal Affairs Subcommittees of the House and Senate meeting jointly as one committee. Such subcom mittees shall not approve any such lease or other agreement unless such lease or other agreement meets the conditions and requirements stated in HR 746 of the 1988 Regular Session of the Georgia General Assembly, as passed the House.

Section 55. Provisions Relative to Section 22, 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 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 22 (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.

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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.
It is the intent of this General Assembly to maintain, as a minimum, subject to authori zation by the Office of Planning and Budget, the same level of direct treatment 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.
The Department of Human Resources is authorized to utilize up to $1,232,010 of addi tional VR section 110 funds for the purpose of expanding the Head Injury Program.
Section 56. Provisions Relative to Section 28, 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 29, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 29 (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 29.
From the appropriation in Section 29 (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 29, 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 34, 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.
Provided that it is the intent of this General Assembly that the Board of Regents shall proceed to develop plans for the improvement and enhancement of the facilities of the Med ical College of Georgia.
Section 59. Provisions Relative to Section 30, Board of Postsecondary Education. None of the State funds appropriated in Section 30 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.
Provided further, it is the intent of the General Assembly to authorize a course in plumbing at Columbus Vocational Tech.
Section 60. Provisions Relative to Section 40, 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

TUESDAY, FEBRUARY 16, 1988

899

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 by 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 40 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
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, 1989, 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 in amounts equal to the anticipated departmental annual remittances to the Fiscal Division of the Department 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.
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 appropriated 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.

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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 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 1988 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,

TUESDAY, FEBRUARY 16, 1988

901

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.
Section 73. Provisions Relative to Section 43, State of Georgia General Obligation Debt Sinking Fund. With regard to the appropriations in Section 43 for "State of Georgia General Obligation Debt Sinking Fund (New)", the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and appropriations of highest an nual debt service requirements of the new debt are specified as follows:
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $10,800,000 is specifically appropriated for the pur pose of financing a program of a Developmental Highways of the Department of Transpor tation, 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 $45,000,000 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 (New), $5,280,000 is specifically appropriated for the purpose

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of financing the replacement of the Talmadge Memorial Bridge of the Department of Trans portation, near Savannah, Georgia, by means of the demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, struc tures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $22,000,000 in principal amount of Gen eral 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 (New), $4,800,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local government entities for water and sewage systems, 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 (New), $768,000 is specifically appropriated for the purpose of financing the purchase and installation of a new pulping machine and the modernization of the main paper machine of the Herty Foundation and to finance any other improvements associated with such purchase and installation, by means of the demolition, acquisition, con struction, development, extension, enlargement and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in con nection therewith, through the issuance of not more than $3,200,000 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 (New), $1,440,000 is specifically appropriated for the purpose of financing a facility at the Georgia Institute of Technology of the Board of Regents of the University System of Georgia, which may be used in conjunction with research in paper chemistry and paper technology, by means of the demolition, acquisition, construction, de velopment, extension, enlargement and improvement of land, property, buildings, struc tures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,000,000 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 (New), $384,000 is specifically appropriated for the purpose of financing a laundry facility at Gracewood State School and Hospital of the Department of Human Resources, by means of demolition, acquisition, construction, development, exten sion, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $3,480,000 is specifically appropriated for the purpose of financing asbestos abatement and removal and office relocation, renovation, acquisition and improvement projects of Georgia Building Authority at No. 1 Peachtree Street and in the vicinity of Capitol Hill in the City of Atlanta, Georgia, by means of demolition, acquisi tion, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,500,000 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 (New), $792,000 is specifically appropriated for the purpose of financing educational facilities for the Board Education of Camden County by means of a

TUESDAY, FEBRUARY 16, 1988

903

grant by the Department of Community Affairs, through the issuance of not more than $3,300,000 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 (New), $1,560,000 is specifically appropriated for the purpose of financing facilities for the State Board of Postsecondary Vocational Education, to wit: an Augusta Technical Institution Health Occupations Building, with a maximum principal amount authorization of $2,300,000; major repairs at State vocational institutes, with a max imum principal amount authorization of $3,200,000 and major repairs and equipment at the North Georgia and South Georgia Technical Institutes, with a maximum principal amount authorization of $1,000,000, to be undertaken by means of demolition, acquisition, construc tion, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $6,500,000 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 (New), $792,000 is specifically appropriated for the purpose of financing an additional housing unit at Burruss Correctional Institution of the Depart ment of Corrections, to be undertaken by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, struc tures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,300,000 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 (New), $360,000 is specifically appropriated for the purpose of financing facilities of the Department of Corrections at Lowndes and Ware Correctional Institutions to be undertaken by means of demolition, acquisition, construction, develop ment, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $1,500,000 in principal amount of General Obli gation 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 (New), $757,200 is specifically appropriated for the purpose of financing the design of a new park in North Georgia for the Department of Natural Re sources and for financing facilities of the Department of Natural Resources, to wit: golf courses at Georgia Veterans State Park and Gordonia-Altamaha State Park, a new picnic area and renovation of the existing day use area at Indian Springs State Park and picnic area and other improvements at Hard Labor Creek State Park, to be undertaken by means of demolition, acquisition, construction, development, extension, enlargement and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $3,155,000 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 (New), $312,000 is specifically appropriated for the purpose of financing improvements to and modifications of facilities at Northwest Regional Hospital of the Department of Human Resources, to be undertaken by means of demolition, acquisi tion, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

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Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $696,000 is specifically appropriated for the purpose of financing rail facilities, boundary extensions and other improvements of Stone Mountain Memorial Association, by means of demolition, acquisition, construction, development, ex tension, 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 $2,900,000 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 (New), $204,000 is specifically appropriated for the purpose of financing a diversion center for the Department of Corrections, in DeKalb County, with a maximum principal amount authorization of $850,000, by means of demolition, 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 $850,000 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 (New), $1,470,000 is specifically appropriated for the purpose of financing land acquisition for the Department of Industry and Trade at the George L. Smith II Georgia World Congress Center, through the issuance of not more than $14,000,000 in principal amount of General Obligation Debt, the instruments of which shall have matu rities 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 (New), $1,890,000 is specifically appropriated for the purpose of financing expansion and facilities of the George L. Smith II Georgia World Congress Center, by means of demolition, 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 $18,000,000 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 (New), $420,000 is specifically appropriated for the purpose of financing facilities of the Department of Natural Resources for the project provided for by the "Georgia Agricultural Exposition Authority Act", specifically in connection with O.C.G.A. 12-2 484, by means of demolition, acquisition, construction, development, exten sion, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 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 (New), $1,575,000 is specifically appropriated for the purpose of financing acquisition of land for wildlife management and for public fishing areas of the Department of Natural Resources through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties 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 (New), $2,021,250 is specifically appropriated for the State Board of Education for the purpose of financing 25 public library facilities for county and independent school systems, counties, municipalities, and boards of trustees of public li brary systems, through the issuance of not more than $19,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.

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905

Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $4,803,750 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, to wit: at Gainesville College, with a maximum principal amount authorization of $4,500,000, at Kennesaw College, with a maximum principal amount authorization of $9,500,000, at Geor gia State University, with a maximum principal amount authorization of $22,750,000, at Albany State College, with a maximum principal amount authorization of $6,000,000, and at Georgia Southern University, with a maximum principal authorization amount of $3,000,000, by means of demolition, acquisition, construction, development, extension, en largement and improvement of land, property, buildings, structures, equipment and facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $45,750,000 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 (New), $2,310,000 is specifically appropriated for the purpose of financing a prison facility for the Department of Corrections in Telfair County, by means of demolition, acquisition, construction, development, extension, enlargement and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $22,000,000 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 (New), $2,496,000 is specifically appropriated for the purpose of financing four detention centers for the Department of Corrections, by means of demoli tion, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $10,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $15,998,850 is specifically appropriated for the State Board of Education for the purpose of financing educational facilities for county and inde pendent school systems, to wit: for regular capital outlay funding for 48 systems and regular advance capital outlay funding for 8 systems, with a maximum principal amount authoriza tion of $95,225,000, and for unfunded capital outlay for incentive advance funding, with a maximum principal amount authorization of $57,145,000, through the issuance of not more than $152,370,000 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 (New), $1,585,500 is specifically appropriated for the purpose of financing a prison facility for the Department of Corrections in Hancock County, by means of demolition, 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 $15,100,000 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 (New), $1,050,000 is specifically appropriated for the purpose of financing a facility in which to establish a manufacturing research center at the Georgia Institute of Technology of the Board of Regents of the University System of Georgia, by means of demolition, 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

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$10,000,000 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 (New), $360,000 is specifically appropriated for the purpose of financing the renovation of the Department of Corrections, by means of demolition, ac quisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in prin cipal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Section 74. Delayed Hiring Factor by Department.

Agriculture

$ 10,500

Corrections "A"

$ 738,387

Corrections "B"

$ 403,380

GBI

$ 8,690

Office of the Governor

$ 2,200

DHR "A"

$ 3,033,005

DHR "B"

$ 5,183,000

Georgia Insurance Comm.

$ 5,390

Merit System of Pers. Admin.

$ 46,842

Public Safety "A"

$ 370,000

Revenue

$ 42,634

Section 75. It is the intent of this General Assembly that existing sinking fund balances be utilized for Debt Service on the obligations of the Georgia Building Authority (Penal).

Section 76. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1988 .......................................... $5,936,113,339
Section 77. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 78. All laws and parts of laws in conflict with this Act are repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Starr of the 44th moved that the Senate adopt the Conference Committee re port on HB 1267.
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 Bryant Burton

Coleman Crumbley Deal Dean Echols

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907

Edge English Engram Fincher
Gp.a,,r.ner Harris Hine Howard Hudgins Huggins

Johnson Kennedy Kidd Langford
MMccGKi1e1nzie Newbi11 Olmstead Peevy Perry Ragan of 10th

Ray Scott of 2nd Scott of 36th Shumake
SSttuarmr baugh Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Coverdell Land

Phillips

Ragan of 32nd

Those not voting were Senators:

Dawkins

Harrison

Tate (excused)

On the motion, the yeas were 49, nays 4; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1267.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

The following general bills of the House and Senate, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 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.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Governmental Operations Committee offered the following substitute to HB 435:

A BILL
To be entitled an Act to amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to prohibit certain construction activity; to provide for definitions; to require identification of all property on which a landfill is or has been located; to provide for legal descriptions of such property; to provide for recording of exis tence of a landfill on county records for such property; to provide for promulgation of rules and regulations by the Environmental Protection Division of the Department of Natural Resources; to prohibit building where a landfill previously existed; to provide for exceptions; to amend Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances, so as to provide that all deeds conveying an interest in real prop erty which has been used as a commercial landfill shall include notice of the landfill opera tions, the dates the landfill was in operation, a legal description of the location of the land fill, and a description of the type of materials deposited in the landfill; to define the term "commercial landfill"; to provide that such notice shall apply only when the parties convey ing the real property have knowledge of the landfill operations; to provide damages for will-

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ful violations; to provide for all related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended by adding a new Chapter 6 to read as follows:
"CHAPTER 6
8-6-1. This Act shall be known and may be cited as the 'Construction Activity Prohibi tion on Abandoned Landfills Act of 1988.'
8-6-2. As used in this chapter, the term:
(1) 'Construction activity' means to erect or build an enclosed building or structure of any type, kind, or design.
(2) 'Division' means the Environmental Protection Division of the Department of Natu ral Resources.
(3) 'Landfill' means any location operated as a commercial venture or operated by a county or municipality for the disposal of solid wastes or any location where a private owner accepts solid wastes from sources other than his own property for disposal.
(4) 'Solid Waste' means putrescible and nonputrescible wastes, except water carried body waste, and shall include garbage, rubbish (paper, cartons, boxes, wood, tree branches, yard trimmings, furniture and appliances, metal, tin cans, glass, crockery, or dunnage), ashes, street refuse, dead animals, sewage sludges, animal manures, industrial wastes (waste materials generated in industrial operations), residue from incineration, food processing wastes, demolition wastes, abandoned automobiles, dredging wastes, construction wastes, and any other waste material in a solid or semisolid state not otherwise defined in this article.
8-6-3. (a) The division shall maintain records on each landfill operated now or in the future in this state, which records shall include an accurate legal description of the bounda ries of the landfill and the dates of its operation.
(b) The division shall file notice of the existence of the landfill with the clerk of the superior court of the county or counties within which the landfill is located.
8-6-4. (a) No person shall construct any building or enclosed structure of any type, kind, or design on any real property on which a landfill on the public records has been located without first obtaining a permit for such construction from the local governing authority.
(b) This Code section shall not apply to construction activity by public service corpora tions or to the construction of roads, highways, or bridges."
Section 2. Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances, is amended by adding a new Code Section 44-5-48 at the end thereof to read as follows:
"44-5-48. (a) All deeds conveying an interest in real property which has been used as a commercial landfill shall include notice of the landfill operations, the date the landfill opera tions commenced and terminated, if known, a legal description of the actual location of the landfill, and a description of the type of materials which have been deposited in the landfill. As used in this Code section, 'commercial landfill' means an area where materials have been deposited for a fee.
(b) This Code section applies only to those parties who have knowledge of the landfill operations when conveying real property.
(c) Any seller of real property who willfully violates the provisions of this Code section shall be liable to the purchaser for treble damages for any losses sustained by the purchaser as a result of the sale."

TUESDAY, FEBRUARY 16, 1988

909

Section 3. This Act shall become effective upon adequate appropriations being made by the General Assembly to fund this Act.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Allgood of the 22nd offered the following amendment:
Amend the substitute to HB 435 offered by the Senate Committee on Governmental Operations by striking from lines 8 through 10 of page 1 the following:
"to provide for promulgation of rules and regulations by the Environmental Protection Division of the Department of Natural Resources;", and inserting in lieu thereof the following:
"to provide for the Environmental Protection Division of the Department of Natural Resources to maintain certain records on landfills and to file these with the clerks of the superior courts of the counties within which they are located;".
By inserting on line 11 of page 1 immediately following the word "existed" the following:
"without a permit from the local governing authority". By striking from lines 9 through 11 of page 4 the following: "upon adequate appropriations being made by the General Assembly to fund this Act.", and inserting in lieu thereof the following: "on July 1, 1988."
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
Senator Allgood of the 22nd offered the following amendment:
Amend the substitute to HB 435 offered by the Senate Committee on Governmental Operations by adding on page 2, line 19, after the word "wastes", the following words:
"for compensation".
On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.
Senators Scott of the 2nd and Allgood of the 22nd offered the following amendment:
Amend the substitute to HB 435 offered by the Senate Committee on Governmental Operations by adding the words "for profit" between the words "venture" and "or" on page 2, line 16.
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen B/annon
Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engrain Fincher Foster Garner
Gillis Harris
Hine Howard ^TM Huggins Johnson Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips
Ragan of 10th Ragan of 32nd
Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Tysinger Walker

Those not voting were Senators:

Harrison Kennedy (presiding)

Tate (excused)

Turner

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 511. By Senator Burton of the 5th:
A bill to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to make it unlawful to possess, manufacture, sell, or distribute false identification documents; to provide definitions; to provide penalties.

The Senate Committee on Judiciary offered the following substitute to SB 511:

A BILL
To be entitled an Act to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to make it unlawful to knowingly manufacture, sell, or distribute false identification documents; to define a certain term; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, is amended by adding at the end thereof a new Code Section 16-9-4 to read as follows:
"16-9-4. (a) As used in this Code section, the term 'identification document' means any document issued by a government agency containing a description of the person or such person's photograph, or both, and giving such person's date of birth, and includes without being limited to a passport, military identification card, driver's license, or an identification card authorized under Code Sections 40-5-100 through 40-5-104.
(b) (1) It shall be unlawful for any person to knowingly manufacture, sell, or distribute a false identification document.
(2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony

TUESDAY, FEBRUARY 16, 1988

911

and shall be punished by a fine of not more than $5,000.00 or by imprisonment for not more than three years, or both."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 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:

Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dean Echols Edge English

Engram Foster Gillis Harris Hine Howard Hudgins Huggins Johnson Land Langford McGill McKenzie Newbill

Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Taylor Timmons Tysinger Walker

Those voting in the negative were Senators:

Albert Broun

Dawkins Kidd

Peevy Stumbaugh

Those not voting were Senators:

Deal Fincher Garner

Harrison Kennedy (presiding)

Tate (excused) Turner

On the passage of the bill, the yeas were 43, nays 6.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1444. By Representatives Chambless of the 133rd, Thomas of the 69th, Groover of the 99th and Robinson of the 96th:
A bill to amend Code Section 14-2-371 of the Official Code of Georgia Annotated, relating to fees of the Secretary of State for filing documents and issuing certifi cates relating to business corporations, so as to change a fee; to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to

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clerks of superior courts, so as to provide for a state-wide county computerized information network and participation by clerks of superior courts therein.
Senate Sponsor: Senator Hine of the 52nd.
The Senate Committee on Judiciary offered the following amendment to HB 1444:
Amend HB 1444 by adding, following the words "Secretary of State" on line 7 of page 1 the following:
"; to amend Code Section 14-3-291, relating to fees of the Secretary of State for filing documents and issuing certificates relating to nonprofit corporations, so as to change a fee in order to provide funds to create a state-wide county computerized information network for access to corporate records maintained by the Secretary of State."
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.
By adding following Section 1 a new Section 2 to read as follows:
"Section 2. Code Section 14-3-291, relating to fees of the Secretary of State for filing documents and issuing certificates relating to nonprofit corporations, is amended by striking paragraph (19) and inserting in lieu thereof a new paragraph (19) to read as follows:
'(19) Filing annual registration of domestic or foreign corporation............................................................... $15.00'".
Senators Barnes of the 33rd and Hine of the 52nd offered the following amendment:
Amend the amendment offered by the Senate Committee on Judiciary to HB 1444 by striking line 5 of page 1 and inserting in lieu thereof the following:
" '; to amend Code Section 14-2-410 of the Official Code of Georgia Annotated, relating to penalties imposed upon corporations, so as to change the provisions relating to failure or refusal to file an annual report; to amend Code Section 14-3-291 of the Official Code of Georgia Annotated, relating to fees".
By striking line 11 of page 1 and inserting in lieu thereof the following:
"the Secretary of State; to amend Code Section 14-3-330 of the Official Code of Georgia Annotated, relating to penalties imposed upon nonprofit corporations, so as to change the provisions relating to failure or refusal to file an annual report'".
By inserting between lines 11 and 12 of page 1 the following:
"By adding following the word 'costs' on line 12 of page 1 the following:
'; to provide effective dates'.".
By striking lines 12 and 13 of page 1 and inserting in lieu thereof the following:
"By renumbering Sections 2 and 3 as Sections 5 and 7, respectively."
By striking lines 14 through 23 of page 1 and inserting in lieu thereof the following:
"By adding following Section 1 three new sections to read as follows:
'Section 2. Code Section 14-2-410 of the Official Code of Georgia Annotated, relating to penalties imposed upon corporations, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year shall not be required to pay any penalty for so failing or refusing to file its annual report, but such corporation may be subject to involuntary dissolution as provided in Code Section 14-2-283."
Section 3. Code Section 14-3-291, relating to fees of the Secretary of State for filing

TUESDAY, FEBRUARY 16, 1988

913

documents and issuing certificates relating to nonprofit corporations, is amended by striking paragraph (19) and inserting in lieu thereof a new paragraph (19) to read as follows:
"(19) Filing annual registration of domestic or foreign corporation ....................................................... $15.00"
Section 4. Code Section 14-3-330 of the Official Code of Georgia Annotated, relating to penalties imposed upon nonprofit corporations, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year shall not be required to pay any penalty for so failing or refusing to file its annual report, but such corporation may be subject to involuntary dissolution as provided in Code Section 14-3-217." ' ".
By adding at the end of such amendment the following:
"By adding between Sections 5 and 7, as redesignated, the following:
'Section 6. Sections 2 and 4 of this Act shall become effective immediately upon ap proval of this Act by the Governor or upon its becoming law without such approval. The remaining sections of this Act shall become effective July 1, 1988.' ".

On the adoption of the amendment offered by Senators Barnes of the 33rd and Mine of the 52nd, the yeas were 33, nays 0, and the amendment was adopted.

On the adoption of the amendment offered by the Senate Committee on Judiciary, the yeas were 30, nays 0, and the amendment was adopted as amended.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Tysinger Walker

Those not voting were Senators:

Albert Brannon Garner

Gillis Kennedy (presiding) Ragan of 10th

Tate (excused) Turner

On the passage of the bill, the yeas were 48, nays 0.

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The bill, having received the requisite constitutional majority, was passed as amended.
HB 924. By Representatives Chambless of the 133rd, Thomas of the 69th and Robinson of the 96th: A bill to amend Chapter 9 of Title 14 of the Official Code of Georgia Annotated, relating to limited partnerships, so as to revise, modernize, and supersede the laws of Georgia relating to limited partnerships. Senate Sponsor: Senator Hine of the 52nd.
The Senate Committee on Judiciary offered the following amendment to HB 924:
Amend HB 924 by striking from lines 4 and 5 of page 1 the following: "July 1, 1988,", and inserting in lieu thereof the following: "July 1 of the year in which this Act becomes effective". By striking from line 5 of page 51, line 9 of page 55, line 13 of page 55, line 19 of page 55, lines 26 and 27 of page 55, line 32 of page 55, line 4 of page 56, and line 21 of page 56 the following: "July 1, 1988,", and inserting in lieu thereof the following: "July 1 of the year in which this chapter becomes effective". By striking from line 11 of page 55, line 9 of page 56, lines 11 and 12 of page 56, and lines 23 and 24 of page 56 the following: "July 1, 1988.", and inserting in lieu thereof the following: "July 1 of the year in which this chapter becomes effective." By striking from line 20 of page 55 the following: "April 15, 1988,", and inserting in lieu thereof the following: "April 15 of the year in which this chapter becomes effective." By striking from line 23 of page 56 the following: "April 15, 1988", and inserting in lieu thereof the following: "April 15". By striking Section 4 on lines 15 and 16 of page 57 and inserting in lieu thereof a new Section 4 to read as follows: "Section 4. This Act shall become effective on April 15, 1988, provided that the General Assembly has appropriated the necessary funds to implement the provisions of this Act during state fiscal year 1988-89. If the General Assembly has not appropriated the necessary funds to implement the provisions of this Act during state fiscal year 1988-89, this Act shall become effective April 15 immediately preceding the beginning of the state fiscal year for which such funds are appropriated."
On the adoption of the amendment, the yeas were 32, nays 1, and the amendment was adopted.

TUESDAY, FEBRUARY 16, 1988

915

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Dean Echols Edge

English Engram Fincher Foster Gillis Harris Hine Howard Hudgins Huggins Johnson Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Tysinger Walker

Those not voting were Senators:

Albert Deal Garner

Harrison Kennedy (presiding) Shumake

Tate (excused) Turner

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 12:26 o'clock P.M. until 2:00 o'clock P.M.

At 2:00 o'clock P.M., the President called the Senate to order.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1272. By Representatives Chambless of the 133rd, Thomas of the 69th, Smyre of the 92nd and others:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to revise and replace the laws relating to business corporations.
Senate Sponsor: Senator Hine of the 52nd.

Senators Hine of the 52nd and Deal of the 49th offered the following amendment:

Amend HB 1272 by striking from line 16 of page 200 the following: "to",
and inserting in lieu thereof the following: "for".

916

JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 17, nays 15, and the amendment was adopted.

Senator Scott of the 2nd moved that the Senate reconsider its action in adopting the amendment offered by Senators Hine of the 52nd and Deal of the 49th to HB 1272.

On the motion, the yeas were 29, nays 6; the motion prevailed, and the amendment offered by Senators Hine of the 52nd and Deal of the 49th to HB 1272 was reconsidered.

On the adoption of the amendment offered by Senators Hine of the 52nd and Deal of the 49th, the yeas were 25, nays 10, and the amendment was adopted.

Senator Crumbley of the 17th offered the following amendment:

Amend HB 1272 by changing "2" to "1" on line 17 of page 200.

On the adoption of the amendment offered by Senator Crumbley of the 17th, the yeas were 5, nays 33, and the amendment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Broun Bryant Burton Coleman Coverdell Deal Dean Echols Edge English Engram

Fincher Foster Garner Gillis Harris Hine Hudgins Johnson Kennedy Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Tysinger Walker

Those voting in the negative were Senators:

Barker Brannon

Crumbley Dawkins

Huggins

Those not voting were Senators:

Harrison Howard

Tate (excused) Timmons

Turner

On the passage of the bill, the yeas were 46, nays 5.

The bill, having received the requisite constitutional majority, was passed as amended.

TUESDAY, FEBRUARY 16, 1988

917

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 366. By Senators McGill of the 24th, Echols of the 6th, Ray of the 19th and others:
A resolution urging the United States Interagency Committee on Smoking and Health to refrain from taking any action to limit or impede the export of Georgia tobacco.

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 Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Hine Howard Hudgins Huggins Kennedy Kidd Land Langford McGill

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Tysinger Walker

Those not voting were Senators:

Broun Harris Harrison

Johnson McKenzie Tate (excused)

Timmons Turner

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following general bills of the House and Senate, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 1221. By Representative Aaron of the 56th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the definition of the offense of pander ing; to provide that a person convicted of the offense of pandering when such offense involves the solicitation of a person under the age of 16 years shall be guilty of a felony.
Senate Sponsor: Senator Walker of the 43rd.

The Senate Committee on Judiciary offered the following substitute to HB 1221:

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JOURNAL OF THE SENATE

A BILL
To be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the definition of the offense of pan dering; to provide that a person convicted of the offense of pandering when such offense involves the solicitation of a person under the age of 17 years shall be guilty of a felony; to change the definition of the offense of solicitation of sodomy; to provide that a person con victed of the offense of solicitation of sodomy when such offense involves the solicitation of a person under the age of 17 years shall be guilty of a felony; to provide penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by striking in its entirety Code Section 16-6-12, relating to the crime of pandering, and inserting in lieu thereof a new Code Section 16-6-12 to read as follows:
"16-6-12. A person commits the offense of pandering when he or she solicits a person to perform an act of prostitution or when he or she knowingly assembles persons at a fixed place for the purpose of being solicited by others to perform an act of prostitution."
Section 2. Said chapter is further amended by striking in its entirety Code Section 16-613, relating to penalties for violating Code Sections 16-6-9 through 16-6-12, and inserting in lieu thereof a new Code Section 16-6-13 to read as follows:
"16-6-13. (a) Except as otherwise provided in subsection (b) of this Code section, a person convicted of any of the offenses enumerated in Code Sections 16-6-10 through 16-612 shall be punished as for a misdemeanor of a high and aggravated nature. A person con victed of the offense enumerated in Code Section 16-6-9 shall be punished as for a misdemeanor.
(b) A person convicted of pandering when such offense involves the solicitation of a person under the age of 17 years to perform an act of prostitution or the assembly of two or more persons under the age of 17 years at a fixed place for the purpose of being solicited by others to perform an act of prostitution shall be guilty of a felony and shall be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than one year nor more than five years, or both fined and imprisoned. Adjudication of guilt or imposition of sentence for a conviction of a second or subsequent offense of pandering involving a person under the age of 17 years pursuant to this subsection, including a plea of nolo contendere, shall not be suspended, probated, deferred or withheld."
Section 3. Said chapter is further amended by striking in its entirety Code Section 16-615, relating to solicitation of sodomy, and inserting in lieu thereof a new Code Section 16-615 to read as follows:
"16-6-15. (a) A person commits the offense of solicitation of sodomy when he solicits another to perform or submit to an act of sodomy. Except as provided in subsection (b) of this Code section, a person convicted of solicitation of sodomy shall be punished as for a misdemeanor.
(b) A person convicted of solicitation of sodomy when such offense involves the solicita tion of a person under the age of 17 years to perform or submit to an act of sodomy for money shall be guilty of a felony and shall be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than one year nor more than five years, or both fined and imprisoned."
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.

TUESDAY, FEBRUARY 16, 1988

919

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 Brannon rBBB, urroyrutaonnnt, Coleman
Coverdell Crumbley
Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis HTHHJia.unrdergisins Huggins
Kennedy Kidd
Land Langford McGill Newbill

Olmstead Peevy Perry Phillips Ragan of I0th R of 32nd D SQS0 ccoo,tt,tt oofff, 230n6dt.h, Shumake
Starr Stumbaugh
Taylor Timmons Tysinger Walker

Those not voting were Senators:

Harrison Howard

Johnson McKenzie

Tate (excused) Turner

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 624. By Senator Kidd of the 25th:
A bill to provide for a supplement to the compensation, expenses, and allowances of the district attorney for the Ocmulgee Judicial Circuit; to provide for contribu tions to be paid by certain counties comprising said circuit; to provide an effec tive date; to provide for applicability.

The Senate Committee on Judiciary offered the following substitute to SB 624:

A BILL
To be entitled an Act to provide for a supplement to the compensation, expenses, and allowances of the district attorney for the Ocmulgee Judicial Circuit; to provide for contri butions to be paid by certain counties comprising said circuit; 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. In addition to the compensation, salary, expenses, and allowances presently being received by the district attorney of the Ocmulgee Judicial Circuit from the State of Georgia or any other source, including the expense allowance authorized by an Act approved April 15, 1969 (Ga. L. 1969, p. 383), the district attorney of said circuit shall receive a sup plement to such compensation from the funds of Baldwin, Hancock, Jones, and Putnam counties in the amount of $550.00 per month. The division of payment among the five coun ties shall be in the following amounts:

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(1) Baldwin County .......................... $ 150.00 per month
(2) Hancock County .......................... 100.00 per month
(3) Jones County ............................. 150.00 per month
(4) Putnam County .......................... 150.00 per month
It shall be the duty of the governing authority of each such county to provide, by taxation or otherwise, sufficient funds to pay the portion of said supplement assessed against each of said counties and to pay the same as provided in this Act. The supplement of the district attorney is made and declared to be part of the expenses of the courts, and the power to levy a tax to pay the same is delegated to said county governing authorities.
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that the amount of the supple ment provided for in this Act to be paid by Jones County shall not become effective until July 1, 1988.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 28, 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

Edge Engram Foster Gillis
Harris Hine
udSins

Peevy Perry Phillips Ragan of 10th
Ragan of 32nd j^
Scott of 2nd

Burton
Coverdell Crumbley
Dawkins Deal Dean Echols

Kennedy
Kidd Land
Langford McGill Newbill Olmstead

Shumake
Starr Stumbaugh
Taylor Timmons Tysinger Walker

Those not voting were Senators:

Coleman English Fincher

Garner Harrison Howard

McKenzie Tate (excused) Turner

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

TUESDAY, FEBRUARY 16, 1988

921

SB 599. By Senator Peevy of the 48th:
A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft offenses, so as to change certain provisions relating to the crime of theft by conversion to include conversion of leased personal prop erty; to repeal certain provisions relating to the offense of conversion of leased personal property.

The report of the committee, which was favorable to the passage of the bill, was agreed
to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Foster Garner Gillis Harris Hine Howard Hudgins Huggins Johnson Kennedy Kidd Langford Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Tysinger Walker

Those not voting were Senators:

Broun Coleman Fincher

Harrison Land McGill

McKenzie Tate (excused) Turner

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 87. By Senators Langford of the 35th, Coverdell of the 40th, Newbill of the 56th and Shumake of the 39th:
A bill to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Geor gia which are applicable to particular groups of employees, so as to provide that certain employees of county boards and county departments of health of counties of this state having a population of 550,000 or more shall have the option to become members of the Employees' Retirement System of Georgia or remain members of a local retirement system.

The Senate Committee on Retirement offered the following substitute to SB 87:

A BILL
To be entitled an Act to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Georgia

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which are applicable to particular groups of employees, so as to provide that the Depart ment of Human Resources shall make payments to the governing authority of any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census to partially reimburse such county for expenses incurred by such county in providing retirement system services for employees of the county board and department of health of such county; 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. Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Georgia which are applicable to particular groups of employees, is amended by adding at the end of Part 9 thereof, relat ing to classifications of certain officials and employees, a new Code Section 47-2-297 to read as follows:
"47-2-297. (a) This Code section shall apply only to counties, county boards and depart ments of health, and employees of county boards and departments of health of counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.
(b) As used in this Code section, the term:
(1) 'Employee' means an employee of a county board or department of health of a county subject to the provisions of this Code section who:
(A) Is a member of a local retirement system; and
(B) Would be eligible for membership in and a member of the Employees' Retirement System of Georgia if employed by a county board or department of health of a county other than a county subject to the provisions of this Code section.
(2) 'Local retirement system' means a retirement or pension system maintained by a county which includes as members thereof employees of the county boards or departments of health, and the term includes any such retirement or pension system created by law or created by ordinance or resolution of the county under the home rule provisions of the Constitution of Georgia.
(3) 'Salary supplement' means compensation paid from county funds to employees of county boards or departments of health in addition to the compensation paid to such em ployees from state funds or from state funding sources.
(c) The Department of Human Resources shall make payments to the governing au thority of a county subject to the provisions of this Code section to partially reimburse the county for the cost incurred by the county in providing for the membership in a local retire ment system of each employee. The amount of the payment for each employee shall be an amount equal to three-fourths of the amount which would be paid by the Department of Human Resources as the employer contribution to the Employees' Retirement System of Georgia if the employee were a member of the retirement system. It is specifically provided, however, that such employer contributions shall be based on state compensation paid to the employee or on the amount paid from state funds to the county as compensation for the employee, and any salary supplement to such compensation shall not be considered in the determination of the amount of the employer contribution.
(d) The reimbursement payments provided for by subsection (c) of this Code section shall be paid for all service by an employee as a member of a local retirement system which is completed after June 30, 1988, and shall be paid to the county at the same time the employer contribution would be paid by the Department of Human Resources to the Em ployees' Retirement System of Georgia if the employee were a member of the retirement system.
(e) If at any time any employee becomes a member of the Employees' Retirement Sys-

TUESDAY, FEBRUARY 16, 1988

923

tern of Georgia, the reimbursement payments provided for by this Code section shall cease for that employee on the effective date of membership in the Employees' Retirement Sys tem of Georgia."
Section 2. This Act shall become effective on July 1, 1988.
Section 3. 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 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Paul Coverdell

State Senator

FROM:

G. W. Hogan, State Auditor

DATE:

February 10, 1988

SUBJECT: Senate Bill 87 (Substitute) (LC 7 6944S) Employees' Retirement System

As originally drafted, this Bill would have allowed persons employed on July 1, 1988 by county boards and departments of health in counties having at least 550,000 population to join ERS. For those employees electing to remain members of the local retirement system, DHR would have paid the counties an amount equal to the employer's contribution to the ERS as if the employees were ERS members. Salary supplements paid to employees by counties would not be included when determining employer contribution amounts. County employees could have obtained creditable service in ERS equivalent to the service they ac crued under the local system if certain payments had been made on their behalf.

The amended version of this Bill eliminates the provisions allowing membership in the Employees' Retirement System (ERS) and only leaves the provisions providing for the De partment of Human Resources (DHR) to pay counties with local retirement systems (for health department employees) employer retirement contributions. The amount to be paid is also changed to three-fourths of the amount equal to the employer's contribution to ERS as if the employees were ERS members.

This is to certify that the amendments made by this Bill are nonfiscal and the resulting amended bill itself is nonfiscal as defined in the Public Retirement Systems Standards Law.
/s/ G. W. Hogan State Auditor

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Barnes Bowen Brannon Broun

Bryant Burton Coleman Coverdell

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Crumbley Dawkins Deal Dean Echols Edge English Engram Fincher Foster Garner Gillis Harris

Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Stumbaugh Taylor Timmons Tysinger Walker

Those not voting were Senators:

Harrison Scott of 2nd

Starr Tate (excused)

Turner

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 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.

The Senate Committee on Governmental Operations offered the following substitute to SB 365:

A BILL
To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that license examiners employed by the Department of Public Safety shall be deputy registrars; to provide for powers and duties of such deputy registrars; to provide for powers, duties, and authority of the Secretary of State, the com missioner of public safety, and the Department of Public Safety; to provide for registration procedures; to provide for additional registration places; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that certain applications shall be designed to permit qualified applicants to register to vote; to provide for powers, duties, and authority of the Secretary of State and the commissioner of public safety; to provide for an effective date contingent upon certain circumstances; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by adding a new subsection at the end of Code Section 21-2-212, relating to ap pointment of county deputy registrars, to be designated subsection (e), to read as follows:
"(e) Notwithstanding any other provision of law to the contrary, each license examiner employed by the Department of Public Safety to examine applicants for drivers' licenses shall be a deputy to the board of registrars of every county in this state and may register as electors on behalf of the applicant's county of residence those qualified applicants who re quest to register to vote when making an application for an instruction permit or a driver's license pursuant to Code Section 40-5-25 or a personal identification card in accordance

TUESDAY, FEBRUARY 16, 1988

925

with Code Section 40-5-100. Code Section 21-2-213 shall not apply to persons who serve as deputy registrars by virtue of this subsection. Registration cards completed by such deputy registrars shall be mailed promptly to the Secretary of State for transmittal to the appropri ate county or municipal board of registrars."
Section 2. Said title is further amended by adding a new subsection at the end of Code Section 21-1-217, relating to the form of registration cards, to be designated subsection (h), to read as follows:
"(h) Notwithstanding any other provision of this Code section to the contrary, the Sec retary of State and the commissioner of public safety are authorized to design a registration card to be used by license examiners employed by the Department of Public Safety who register electors pursuant to the provisions of subsection (e) of Code Section 21-2-212. Such registration card shall contain the same information required in subsection (a) of this Code section. The form of such registration card shall be determined by the Secretary of State and the commissioner of public safety."
Section 3. Said title is further amended by adding a new subsection at the end of Code Section 21-2-218, relating to the location of the main office of the board of registrars and registration of electors, to be designated subsection (h), to read as follows:
"(h) Notwithstanding any other provisions of this Code section to the contrary, each facility at which license examiners employed by the Department of Public Safety examine applicants for drivers' licenses shall be an additional registration place for the purpose of registering electors."
Section 4. Said title is further amended by adding a new paragraph at the end of sub section (e) of Code Section 21-3-120, relating to appointment and compensation of munici pal registrars and deputy registrars, to be designated paragraph (3), to read as follows:
"(3) Notwithstanding any other provision of law to the contrary, each license examiner employed by the Department of Public Safety to examine applicants for drivers' licenses shall be a deputy to the board of registrars of every municipality in this state which main tains its own registration list and may register as electors on behalf of such municipalities those qualified applicants who request to register to vote when making an application for an instruction permit or a driver's license pursuant to Code Section 40-5-25 or a personal iden tification card in accordance with Code Section 40-5-100. Registration cards completed by such deputy registrars shall be mailed promptly to the Secretary of State for transmittal to the appropriate municipal board of registrars."
Section 5. Said title is further amended by adding a new subsection at the end of Code Section 21-3-123, relating to registration duties of a county registrar in municipalities using the county registration system, to be designated subsection (f), to read as follows:
"(f) Notwithstanding any other provision of this Code section to the contrary, each facility at which license examiners employed by the Department of Public Safety examine applicants for drivers' licenses shall be an additional registration place for the purpose of registering electors."
Section 6. Said title is further amended by striking Code Section 21-3-124, relating to designation of the form of municipal registration, and inserting in its place a new Code Section 21-3-124 to read as follows:
"21-3-124. (a) The form of municipal registration shall be specified by the governing authority, except that, if the governing authority does not elect to use the county registra tion list, the municipal register shall be required to register voters on the uniform registra tion card printed and distributed by the Secretary of State as required in Code Section 212-217.
(b) Notwithstanding any other provision of this Code section to the contrary, the Secre tary of State and the commissioner of public safety are authorized to design a registration card to be used by license examiners employed by the Department of Public Safety who register electors pursuant to paragraph (3) of subsection (e) of Code Section 21-3-120 on

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behalf of municipalities which maintain their own electors lists. The registration card shall contain the same information required in subsection (a) of Code Section 21-2-217. The form of such registration card shall be determined by the Secretary of State and the commis sioner of public safety."
Section 7. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by adding a new subsection at the end of Code Section 40-5-25, relating to applications, fees, and records regarding certain licenses, to be designated subsec tion (e), to read as follows:
"(e) An application shall also be designed to permit qualified applicants to register to vote. The form of such application shall be agreed upon by the Secretary of State and the commissioner of public safety."
Section 8. Said chapter is further amended by adding a new subsection at the end of Code Section 40-5-100, relating to certain authority to issue personal identification cards, to be designated subsection (c), to read as follows:
"(c) An application shall also be designed to permit qualified applicants to register to vote. Such form shall be agreed upon by the Secretary of State and the commissioner of public safety."
Section 9. This Act shall become effective on January 1, 1989, but only if, prior to January 1, 1989, funds necessary to carry out the purposes of this Act are appropriated by the General Assembly. If such funds are not so appropriated prior to January 1, 1989, then this Act shall not become effective until the funds necessary to carry out its purposes are appropriated by the General Assembly.
Section 10. All laws and parts of laws in conflict with this Act are repealed.

Senator Walker of the 43rd moved that SB 365 be postponed until Friday, February 19, 1988.

Senator Garner of the 30th moved the previous question.

Senator Walker of the 43rd moved that SB 365 be placed on the Table.

On the motion offered by Senator Walker of the 43rd to table SB 365, which takes precedence, Senator Walker of the 43rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bowen Brannon Broun
j-)eaj Dean Echols English Engram Fincher

Foster Garner Gillis Harris
Hine Howard Hudgins HTM Johnson Kennedy Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy
Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Starr Stumbaugh Taylor Timmons Walker

TUESDAY, FEBRUARY 16, 1988

927

Those voting in the negative were Senators:

Albert Barnes Burton

Coverdell Edge Perry

Phillips Tysinger

Those not voting were Senators:

Baldwin Harrison

Scott of 36th Tate (excused)

Turner

On the motion, the yeas were 43, nays 8; the motion prevailed, and SB 365 was placed on the Table.

SB 510. By Senator Allgood of the 22nd:
A bill to amend Code Section 44-13-100 of the Official Code of Georgia Anno tated, relating to property which may be exempted by debtors who are natural persons for purposes of bankruptcy, so as to provide an exemption for certain funds or property held on behalf of debtors under certain public retirement and pension plans and systems; to provide for related matters.

The Senate Committee on Judiciary offered the following substitute to SB 510:

A BILL
To be entitled an Act to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to property which may be exempted by debtors who are natural persons for purposes of bankruptcy, so as to provide an exemption for certain funds or property held on behalf of debtors under certain public retirement and pension plans and systems and under certain plans and systems of certain nonprofit corporations; 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 44-13-100 of the Official Code of Georgia Annotated, relating to property which may be exempted by debtors who are natural persons for purposes of bank ruptcy, is amended by adding between paragraphs (2) and (3) a new paragraph (2.1) to read as follows:
"(2.1) The debtor's aggregate interest in any funds or property held on behalf of the debtor, and not yet distributed to the debtor, under any retirement or pension plan or system:
(A) Which is: (i) maintained for public officers or employees or both by the State of Georgia or a political subdivision of the State of Georgia or both; and (ii) financially sup ported in whole or in part by public funds of the State of Georgia or a political subdivision of the State of Georgia or both; or
(B) Which is: (i) maintained by a nonprofit corporation which is qualified as an exempt organization under Code Section 48-7-25 for its officers or employees or both; and (ii) finan cially supported in whole or in part by funds of the nonprofit corporation.
provided that the exempt or nonexempt status of periodic payments from such a retirement or pension plan or system shall be as provided under subparagraph (E) of paragraph (2) of this subsection;".
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Hine Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Tysinger Walker

Voting in the negative was Senator Johnson.

Those not voting were Senators:

Harris Harrison

Tate (excused)

Turner

On the passage of the bill, the yeas were 51, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 532. By Senator Coverdell of the 40th:
A bill to amend Code Section 31-3-2.1 of the Official Code of Georgia Annotated, relating to county boards and departments of health in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, so as to change the provisions relating to health insurance benefits for employees of such county boards or departments of health.

The Senate Committee on Urban and County Affairs offered the following substitute to SB 532:

A BILL
To be entitled an Act to amend Code Section 31-3-2.1 of the Official Code of Georgia Annotated, relating to county boards and departments of health in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, so as to change the provisions relating to health insurance benefits for employees of such county boards or departments of health; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-3-2.1 of the Official Code of Georgia Annotated, relating to county boards and departments of health in all counties of this state having a population of

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929

550,000 or more according to the United States decennial census of 1980 or any future such census, is amended by striking subsection (d), which reads as follows:
"(d) Effective July 1, 1987, the employees of a county board and county department of health subject to the provisions of this Code section shall be eligible to and shall participate in the State Employees' Health Insurance Plan provided for by Article 1 of Chapter 18 of Title 45, and each such employee shall be an 'employee,' as defined by paragraph (2) of Code Section 45-18-1, for all purposes under said State Employees' Health Insurance Plan. Employee and employer contributions required for participation in the State Employees' Health Insurance Plan by such employees shall be based on state salaries paid to such em ployees or paid from state funds to the county for the purpose of paying the compensation of such employees, and salary supplements paid from county funds, as authorized by sub section (e) of this Code section, shall not be considered in the determination of such em ployee and employer contributions. Employer contributions required for the participation of such employees in the State Employees' Health Insurance Plan shall be paid from state funds in the same manner and to the same extent as employer contributions are paid from state funds for participation in such plan by employees of other county boards and depart ments of health. Employee contributions for such participation shall be withheld and paid as provided by regulations adopted for such purpose by the State Personnel Board.",
in its entirety and substituting in lieu thereof a new subsection (d) to read as follows:
"(d) State funds paid to the county for the operation of the county board or depart ment of health subject to the provisions of this Code section shall include funds to reim burse the county for the provision of health insurance benefits for the employees of such county board or department of health as provided in this subsection. Such health insurance benefits shall be provided for such employees through the county's health insurance plan for county employees, and notwithstanding the provisions of subparagraph (H) of paragraph (2) of Code Section 45-18-1, such employees shall not be eligible to participate in the State Employees' Health Insurance Plan provided for by Article 1 of Chapter 18 of Title 45. The amount of state funds paid to the county as reimbursement to the county for providing such health insurance benefits for such employees shall be the lesser of one-half of the same amount as the expense the state would incur as employer contributions if such employees were participants in the State Employees' Health Insurance Plan or three-fourths of the amount contributed as a percentage of salary paid by the county to provide health insurance for all other employees of such county; provided, however, that the computation of the amount of state funds paid to the county for such purpose shall be based on state salaries paid to such employees or paid from state funds to the county for the purpose of paying the compensation of such employees, and salary supplements paid from county funds, as au thorized by subsection (e) of this Code section, shall not be considered in the determination of such amount. Such employees shall pay such employee contributions for participation in the county's health insurance plan as may be required under the terms and conditions of such county plan."
Section 2. This Act shall become effective on April 1, 1988.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Bowen

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Brannon Broun Bryant Burton Coverdell Dawkins eal DEcehaonls
Edge
English
Engram Fincher Foster

Garner Gillis Harris Hine Hudgins H u gg inf Kennedy KLaidndd
Langford
McGill
Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd
S_,humak, e Starr Stumbaugh
Taylor Tysinger Walker

Those not voting were Senators:

Coleman Crumbley Harrison

Howard Johnson McKenzie

Tate (excused) Timmons Turner

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 578. By Senators Hudgins of the 15th and Land of the 16th:
A bill to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of motor vehicle liability insurance policies, so as to provide that each policy of motor vehicle liability insurance issued in this state shall provide that a person who suffers personal injury or property damage in a motor vehicle accident shall be authorized to file a claim with the insurer of the party at fault in the accident.

The Senate Committee on Insurance offered the following substitute to SB 578:

A BILL
To be entitled an Act to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of motor vehicle liability insurance policies, so as to provide that each policy of motor vehicle liability insurance issued in this state shall provide that a person who suffers personal injury or property damage in a motor vehicle accident shall be authorized to notify the insurer of the party at fault in the accident and such insurer shall treat the notice as if it had come from its insured; to specify certain conditions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of motor vehicle liability insurance policies, is amended by adding at the end thereof a new subsection (f) to read as follows:
"(f) Each policy of motor vehicle liability insurance issued or renewed in this state on or after July 1, 1988, shall provide that in the case of a motor vehicle accident in which:
(1) The insured party is at fault;
(2) The insured party fails to satisfy within 45 days from the date of the accident a claim for personal injury or property damage resulting from such accident;
(3) The insured party fails or refuses to file a claim with the insurer; and

TUESDAY, FEBRUARY 16, 1988

931

(4) The insurer would be obligated under the terms of the policy to pay benefits to the person suffering personal injury or property damage resulting from such accident upon a claim being filed by the insured
such injured third party shall be authorized to put the insurer on notice of the claim of the injured third party, in which event the insurer shall treat such claim as if such notice had come from the insured."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Gillis Harris Mine Howard Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Tysinger Walker

Those not voting were Senators:

Albert Barker Garner

Harrison McKenzie Tate (excused)

Timmons Turner

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 617. By Senators Gillis of the 20th, Ray of the 19th and English of the 21st:
A bill to amend Code Section 16-10-6 of the Official Code of Georgia Annotated, relating to prohibitions against the sale of real or personal property to political subdivisions by local officers or employees, so as to provide that sales of personal property of less than $500.00 per calendar quarter shall not be prohibited.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster
Garner Gillis Harris Hine Howard Huggins Johnson Kennedy Kidd Land Langford McGill

Newbill Olmstead Peevy Perry Phillips Ragan of 10th
Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Tysinger Walker

Those not voting were Senators:

Barker Harrison Hudgins

McKenzie Tate (excused)

Timmons Turner

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 620. By Senator Allgood of the 22nd:
A bill to amend Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances, so as to provide that all deeds conveying an interest in real property which has been used as a commercial landfill shall in clude notice of the landfill operations, the dates the landfill was in operation, a legal description of the location of the landfill, and a description of the type of materials deposited in the landfill.

Senator Allgood of the 22nd moved that SB 620 be committed to the Senate Committee on Judiciary.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 620 was commit ted to the Senate Committee on Judiciary.

Serving as doctor of the day today was Dr. H. Gordon Davis of Sylvester, Georgia.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 3:25 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

WEDNESDAY, FEBRUARY 17, 1988

933

Senate Chamber, Atlanta, Georgia Wednesday, February 17, 1988
Twenty-seventh Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of 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 1616. By Representatives Isakson of the 21st, Clark of the 20th, Aiken of the 21st, Hensley of the 20th, Atkins of the 21st and others: A bill to amend an Act creating the Cobb County-Marietta Water Authority, so as to permit the authority to acquire, construct, own, and operate electric power generation facilities as an incidental part of waterworks projects.
HB 1634. By Representative Holmes of the 28th: A bill to provide for urban enterprise zones in the City of Atlanta.
HB 1711. By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th: A bill to provide that future school superintendents of the Houston County School District shall be appointed by the board of education rather than elected.
HB 1712. By Representatives Watson of the 114th, Walker of the 115th and Waddle of the 113th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Houston County during designated regis tration periods as provided in Code Section 40-2-20.1.
HB 1719. By Representatives Jamieson of the llth, Dover of the llth and McDonald of the 12th: A bill to amend an Act creating a board of commissioners of Banks County, so as to change certain provisions relating to the election of the chairman and other members of the board and provide for staggered terms of office; to provide for the continuation in office of the current chairman and members of the board.
HB 1720. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to make provisions for the Magistrate Court of Henry County; to provide for the election and qualifications of the officers of said court.

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HB 1723. By Representative Godbee of the 110th:
A bill to amend an Act creating the State Court of Jenkins County, so as to change provisions relating to the terms of said court.
HB 1725. By Representative Chance of the 129th:
A bill to amend an Act creating the board of commissioners of Effingham County and providing for their election and denning the duties of said commissioners, so as to provide for an increase in the compensation paid to each member of the governing authority of Effingham County.
HB 1726. By Representatives Chambless of the 133rd, Cummings of the 134th and Balkcom of the 140th:
A bill to amend an Act creating the Small Claims Court of Dougherty County, now the Magistrate Court of Dougherty County, so as to provide that the chief judge of the State Court of Dougherty County shall designate the chief magis trate annually.
HB 1721. By Representatives Richardson of the 52nd, Williams of the 48th, Workman of the 51st, Alford of the 57th, Morton of the 47th and others:
A bill to provide that each resident of DeKalb County who is 62 years of age or over or disabled and whose adjusted gross income together with the gross income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $15,000.00 per annum shall be granted an exemption from all DeKalb County ad valorem taxes, except county school district taxes, in the amount of $14,000.00 of the value of the homestead of such resident.
SB 603. By Senator Bowen of the 13th:
A bill to amend an Act creating the board of commissioners of Irwin County, as amended, so as to create a five-member board of commissioners for Irwin County; to provide for the election of members; to provide for qualifications; to provide for terms of office; to provide for commissioner districts.
SB 582. By Senators Hudgins of the 15th and Land of the 16th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to change the composition of certain state Senate districts; to provide an effective date and for applicability.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 699. By Representatives Richardson of the 52nd, Aaron of the 56th, Clark of the 55th, Steinberg of the 46th, Williams of the 54th and others:
A resolution authorizing the placing of a portrait of Honorable Peggy M. Childs in the Legislative Office Building in the State Capitol Complex.
The House has agreed to the Senate substitute to the following bill of the House:
HB 1169. By Representatives Porter of the 119th, Ware of the 77th, Buck of the 95th and Moore of the 139th:
A bill to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to authorize the use of pharmaceutical agents for treatment purposes by optometrists.

WEDNESDAY, FEBRUARY 17, 1988

935

The House has adopted the report of the Committee of Conference on the following bill of the House:
HB 1267. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others:
A bill to amend an Act providing for appropriations for the State Fiscal Year 1987-1988 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1987-1988.
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1626. By Representatives Colwell of the 4th, Foster of the 6th, Jackson of the 83rd and Greene of the 130th:
A bill to amend Code Section 50-16-34 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Properties Commission generally, so as to authorize the commission to provide or perform acquisition related ser vices to or for state agencies, state authorities, and other instrumentalities of the state.
HB 1596. By Representatives Rainey of the 135th, Moody of the 153rd, Hasty of the 8th, Peters of the 2nd and Watts of the 41st:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the "Georgia Boat Safety Act," so as to change the defini tion of a personal flotation device.
HB 1707. By Representatives Birdsong of the 104th, Crawford of the 5th and Waldrep of the 80th:
A bill to amend Code Section 45-16-6 of the Official Code of Georgia Annotated, relating to participation in a coroner's training course, so as to provide that any coroner taking a required training course shall receive an expense allowance and travel reimbursement.
HB 1650. By Representatives Pannell of the 122nd, Robinson of the 96th, Chambless of the 133rd, Lawson of the 9th, Jackson of the 9th and others:
A bill to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances generally, so as to provide for the abate ment of nuisances in the unincorporated areas of counties; to provide for the jurisdiction of courts in connection therewith; to change the provisions relating to buildings and structures which are unfit for human habitation or which are health hazards.
HB 1597. By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd and Watts of the 41st:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to authorize the Board of Natural Resources to enter into reciprocal agreements with other states to provide for honorary hunting and fish ing licenses for persons 65 years of age or older; to change certain provisions relating to required hunter education courses with respect to certain nonresident hunting licenses.
HB 1623. By Representative Dunn of the 73rd:
A bill to amend Code Section 45-18-14 of the Official Code of Georgia Annotated, relating to deductions from compensation and benefits of share of cost of cover-

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age under health insurance plan of state employees and payment of contributions to health insurance fund by departments, boards, and agencies of state govern ment, so as to change the method of computing contributions.
HB 1549. By Representatives Jackson of the 83rd, Padgett of the 86th, Connell of the 87th, Brown of the 88th, Harris of the 84th 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 dental students; to except acts of willful or wanton misconduct; to pro vide that the liability of a medical facility, academic institution, or dentist is not affected.
HB 1671. By Representatives Ware of the 77th and Wood of the 9th:
A bill to amend Chapter 38 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Life and Health Insurance Guaranty Association, so as to change the scope and applicability of coverage of such association; to provide that a person may be a resident only of one state for purposes of payments from the association; to provide for coverages of the guaranty association to certain eligible persons.
HB 1622. By Representative Dunn of the 73rd:
A bill to amend Code Section 20-2-892 of the Official Code of Georgia Annotated, relating to contributions by employees, state and local employers, and withhold ing or deducting employees' contributions, so as to change the method of com puting the local employer's share of contributions to the health insurance fund.
SB 502. By Senator Bryant of the 3rd:
A bill to amend Code Section 52-2-9 of the Official Code of Georgia Annotated, relating to powers of the Georgia Ports Authority generally, so as to provide that the transfer of property from the Brunswick Port Authority to the Georgia Ports Authority shall not constitute an acquisition of property upon which a lien or encumbrance exists for certain purposes; to provide an effective date.
SB 504. By Senator Bryant of the 3rd:
A bill to authorize the Brunswick Port Authority, created by that Act of the General Assembly approved March 8, 1945, as amended, to assign, convey, grant, or otherwise transfer certain of its property, real, personal, tangible, intangible, or otherwise, to the Georgia Ports Authority (formerly State Ports Authority), created by Code Section 52-2-4 of the Official Code of Georgia Annotated.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 664. By Representatives Wood of the 9th, Galer of the 97th, Bailey of the 72nd, McKelvey of the 15th, Wilder of the 21st and others:
A resolution authorizing the Georgia Building Authority to select a site on the grounds of the James H. "Sloppy" Floyd Veterans Memorial Building to erect the Vietnam Memorial.
HR 707. By Representative Coleman of the 118th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to grant the City of Helena an easement upon and under certain real property owned by the State of Georgia in Telfair County, Georgia,

WEDNESDAY, FEBRUARY 17, 1988

937

for the construction, operation, maintenance, repair, and improvement of certain water service facilities.
HR 552. By Representatives Watson of the 114th and Kilgore of the 42nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a Seed-Capital Fund from which funds shall be disbursed at the direction of the Advanced Technology De velopment Center of the University System of Georgia to provide equity and other capital to small, young, entrepreneurial firms engaged in innovative work in areas of technology, manufacturing, or agriculture.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 650. By Senators Coleman of the 1st and Scott of the 2nd:
A bill to amend Code Section 32-6-21 of the Official Code of Georgia Annotated, relating to securing loads on vehicles, so as to specify the manner in which pulpwood or logs shall be secured when transported upon any public road or highway in this state; to provide an effective date. Referred to Committee on Transportation.
SB 651. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 16-11-131 of the Official Code of Georgia Anno tated, relating to possession of firearms by convicted felons and first offender probationers, so as to provide that the provisions of such Code section shall not apply to or prohibit any person who is on probation as a first offender for an offense against property or who has completed such probation from receiving, possessing, transporting, or otherwise using a rifle or shotgun solely for the pur pose of hunting. Referred to Committee on Special Judiciary.
SB 652. By Senator Dawkins of the 45th:
A bill to amend an Act creating the Alcovy Judicial Circuit, as amended, so as to provide for the salary and compensation of the official court reporters of said circuit; to provide for related matters. Referred to Committee on Urban and County Affairs.
SB 653. By Senator Langford of the 35th:
A bill to provide for a $10,000.00 homestead exemption from all City of Hapeville ad valorem taxes for residents of that city; to provide for a definition; to provide for procedures relative thereto; to provide for effectiveness; to provide for a refer endum; to repeal a previously existing homestead exemption. Referred to Committee on Urban and County Affairs.
SB 654. By Senator Langford of the 35th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb and creating a new charter for said city, as amended, so as to change the provisions relating to qualifications of council members, the President of the Council and the Mayor. Referred to Committee on Urban and County Affairs.

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SB 655. By Senator Langford of the 35th: A bill to amend an Act abolishing the office of coroner of Fulton County and creating the office of medical examiner of Fulton County so as to provide addi tional powers for the medical examiner of Fulton County; to provide for compel ling the attendance of witnesses and for the production of evidence.
Referred to Committee on Urban and County Affairs.
SB 656. By Senator Echols of the 6th: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Pierce County into the office of tax commissioner of Pierce County so as to change the provisions relating to the compensation of the tax commissioner; to change the manner of compensating personnel and employees of the tax commis sioner; to provide for related matters.
Referred to Committee on Urban and County Affairs.
SB 657. By Senators Ragan of the 32nd, Barnes of the 33rd, Newbill of the 56th and Harrison of the 37th: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the provisions relat ing to the compensation of the clerk of the superior court and the deputy clerk of the superior court.
Referred to Committee on Urban and County Affairs.
SB 658. By Senator Deal of the 49th: A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motor vehicle insurance coverage, so as to provide that un insured and underinsured motor vehicle liability insurance coverage shall not be added or stacked together in determining available coverage to injured persons; to provide exceptions; to provide for reduced premium rates.
Referred to Committee on Insurance.
SR 394. By Senators Coverdell of the 40th and Howard of the 42nd: A resolution urging the State Department of Transportation to abandon the proj ect known as the "Presidential Parkway".
Referred to Committee on Transportation.
SR 395. By Senator Langford of the 35th: A resolution creating the Senate Alternative Sentencing for Youthful Offenders Study Committee.
Referred to Committee on Children and Youth.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 1549. By Representatives Jackson of the 83rd, Padgett of the 86th, Connell of the 87th, Brown of the 88th, Harris of the 84th 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 dental students; to except acts of willful or wanton misconduct; to pro vide that the liability of a medical facility, academic institution, or dentist is not affected.
Referred to Committee on Judiciary.

WEDNESDAY, FEBRUARY 17, 1988

939

HB 1596. By Representatives Rainey of the 135th, Moody of the 153rd, Hasty of the 8th, Peters of the 2nd and Watts of the 41st:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the "Georgia Boat Safety Act," so as to change the defini tion of a personal flotation device.
Referred to Committee on Natural Resources.
HB 1597. By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd and Watts of the 41st:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to authorize the Board of Natural Resources to enter into reciprocal agreements with other states to provide for honorary hunting and fish ing licenses for persons 65 years of age or older; to change certain provisions relating to required hunter education courses with respect to certain nonresident hunting licenses.
Referred to Committee on Natural Resources.
HB 1622. By Representative Dunn of the 73rd:
A bill to amend Code Section 20-2-892 of the Official Code of Georgia Annotated, relating to contributions by employees, state and local employers, and withhold ing or deducting employees' contributions, so as to change the method of com puting the local employer's share of contributions to the health insurance fund.
Referred to Committee on Governmental Operations.
HB 1623. By Representative Dunn of the 73rd:
A bill to amend Code Section 45-18-14 of the Official Code of Georgia Annotated, relating to deductions from compensation and benefits of share of cost of cover age under health insurance plan of state employees and payment of contributions to health insurance fund by departments, boards, and agencies of state govern ment, so as to change the method of computing contributions.
Referred to Committee on Governmental Operations.
HB 1626. By Representatives Colwell of the 4th, Foster of the 6th, Jackson of the 83rd and Greene of the 130th:
A bill to amend Code Section 50-16-34 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Properties Commission generally, so as to authorize the commission to provide or perform acquisition related ser vices to or for state agencies, state authorities, and other instrumentalities of the state.
Referred to Committee on Public Utilities.
HB 1650. By Representatives Pannell of the 122nd, Robinson of the 96th, Chambless of the 133rd and others:
A bill to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances generally, so as to provide for the abate ment of nuisances in the unincorporated areas of counties; to provide for the jurisdiction of courts in connection therewith; to change the provisions relating to buildings and structures which are unfit for human habitation or which are health hazards.
Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE

HB 1671. By Representatives Ware of the 77th and Wood of the 9th:
A bill to amend Chapter 38 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Life and Health Insurance Guaranty Association, so as to change the scope and applicability of coverage of such association; to provide that a person may be a resident only of one state for purposes of payments from the association; to provide for coverages of the guaranty association to certain eligible persons. Referred to Committee on Insurance.
HB 1707. By Representatives Birdsong of the 104th, Crawford of the 5th and Waldrep of the 80th:
A bill to amend Code Section 45-16-6 of the Official Code of Georgia Annotated, relating to participation in a coroner's training course, so as to provide that any coroner taking a required training course shall receive an expense allowance and travel reimbursement. Referred to Committee on Public Safety.
HB 1721. By Representatives Richardson of the 52nd, Williams of the 48th, Workman of the 51st and others:
A bill to provide that each resident of DeKalb County who is 62 years of age or over or disabled and whose adjusted gross income together with the gross income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $15,000.00 per annum shall be granted an exemption from all DeKalb County ad valorem taxes, except county school district taxes, in the amount of $14,000.00 of the value of the homestead of such resident. Referred to Committee on Urban and County Affairs.
HR 552. By Representatives Watson of the 114th and Kilgore of the 42nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a Seed-Capital Fund from which funds shall be disbursed at the direction of the Advanced Technology De velopment Center of the University System of Georgia to provide equity and other capital to small, young, entrepreneurial firms engaged in innovative work in areas of technology, manufacturing, or agriculture. Referred to Committee on Higher Education.
HR 664. By Representatives Wood of the 9th, Galer of the 97th, Bailey of the 72nd, McKelvey of the 15th, Wilder of the 21st and others:
A resolution authorizing the Georgia Building Authority to select a site on the grounds of the James H. "Sloppy" Floyd Veterans Memorial Building to erect the Vietnam Memorial. Referred to Committee on Defense and Veterans Affairs.
HR 699. By Representatives Richardson of the 52nd, Aaron of the 56th, Clark of the 55th, Steinberg of the 46th, Williams of the 54th and others:
A resolution authorizing the placing of a portrait of Honorable Peggy M. Childs in the Legislative Office Building in the State Capitol Complex. Referred to Committee on Rules.
HR 707. By Representative Coleman of the 118th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to grant the City of Helena an easement upon and under certain real property owned by the State of Georgia in Telfair County, Georgia,

WEDNESDAY, FEBRUARY 17, 1988

941

for the construction, operation, maintenance, repair, and improvement of certain water service facilities. Referred to Committee on Public Utilities.
HB 1616. By Representatives Isakson of the 21st, Clark of the 20th, Aiken of the 21st and others: A bill to amend an Act creating the Cobb County-Marietta Water Authority, so as to permit the authority to acquire, construct, own, and operate electric power generation facilities as an incidental part of waterworks projects.
Referred to Committee on Urban and County Affairs.
HB 1634. By Representative Holmes of the 28th: A bill to provide for urban enterprise zones in the City of Atlanta.
Referred to Committee on Urban and County Affairs.
HB 1711. By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th: A bill to provide that future school superintendents of the Houston County School District shall be appointed by the board of education rather than elected.
Referred to Committee on Urban and County Affairs.
HB 1712. By Representatives Watson of the 114th, Walker of the 115th and Waddle of the 113th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Houston County during designated regis tration periods as provided in Code Section 40-2-20.1.
Referred to Committee on Urban and County Affairs.
HB 1719. By Representatives Jamieson of the llth, Dover of the llth and McDonald of the 12th: A bill to amend an Act creating a board of commissioners of Banks County, so as to change certain provisions relating to the election of the chairman and other members of the board and provide for staggered terms of office; to provide for the continuation in office of the current chairman and members of the board.
Referred to Committee on Urban and County Affairs.
HB 1720. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to make provisions for the Magistrate Court of Henry County; to provide for the election and qualifications of the officers of said court.
Referred to Committee on Urban and County Affairs.
HB 1723. by Representative Godbee of the 110th: A bill to amend an Act creating the State Court of Jenkins County, so as to change provisions relating to the terms of said court.
Referred to Committee on Urban and County Affairs.
HB 1725. By Representative Chance of the 129th: A bill to amend an Act creating the board of commissioners of Effingham County and providing for their election and defining the duties of said commissioners, so as to provide for an increase in the compensation paid to each member of the governing authority of Effingham County.
Referred to Committee on Urban and County Affairs.

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HB 1726. By Representatives Chambless of the 133rd, Cummings of the 134th and Balkcom of the 140th: A bill to amend an Act creating the Small Claims Court of Dougherty County, now the Magistrate Court of Dougherty County, so as to provide that the chief judge of the State Court of Dougherty County shall designate the chief magis trate annually.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Consumer Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 575. Do pass. Respectfully submitted, Senator Langford of the 35th District, Chairman
Mr. President:
The Committee on Consumer Aifairs 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 1324. Do pass by substitute. HB 1347. Do pass. HB 1558. Do pass.
Respectfully submitted, Senator Langford of the 35th District, Chairman
Mr. President:
The Committee on Human Resources has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 398. Do pass by substitute. SR 350. Do pass. HB 1217. Do pass.
Respectfully submitted, Senator Howard of the 42nd District, Chairman
Mr. President:
The Committee on Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1386. Do pass by substitute. Respectfully submitted, Senator Deal of the 49th District, Chairman

WEDNESDAY, FEBRUARY 17, 1988

943

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:

SB 631. Do pass.

HB 1406. Do pass.

HB 1303. Do pass.

HB 1429. Do pass.

HB 1305. Do pass.

HB 1540. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 367. Do pass.

HR 653. Do pass.

HR 578. Do pass.
HR 585. Do pass. HR 591 Do oass

HR 7Q2 Do pass ^^ 1234. Do pass by substitute.

HR 627. Do pass.

HB 1365. Do pass by substitute. Respectfully submitted,
Senator Scott of the 2nd District, Chairman

The following communication from Senator Turner of the 8th was read by the Secretary:

The State Senate Atlanta
February 16, 1988
Honorable Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Hamilton:
Due to an unexpected dental problem, it will be necessary for me to be away from the Capitol for the scheduled meeting of the Urban and County Affairs Committee today at 2:00 P.M.
This letter will serve as my authorization for the Vice Chairman, Senator Harold Ragan, to preside at this meeting.
Thank you for your cooperation in this matter.
Sincerely,
/s/ Loyce W. Turner

The following reports of a standing committee were read by the Secretary:

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following

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bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 637. Do pass. SR 380. Do pass. HB 1382. Do pass.
Respectfully submitted, Senator Ragan of the 10th District, Vice-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 643. Do pass.

HB 1680. Do pass.

HB 1555. Do pass by substitute.

HB 1684. Do pass.

HB 1651. Do pass.

HB 1695. Do pass.

HB 1672. Do pass.

HB 1602. Do pass.

HB 1676. Do pass.

Respectfully submitted,

Senator Ragan of the 10th District, Vice-Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 448. By Senators Shumake of the 39th, Langford of the 35th and Scott of the 36th:
A bill to amend Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, so as to limit the percentage fee charged by checkcashing establishments; to provide for related matters.

SB 467. By Senators Crumbley of the 17th, Stumbaugh of the 55th and Allgood of the 22nd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for a consumers' counsel to afford protection to the consumers of this state with respect to insurance rates and other insurance mat ters; to provide for legislative purpose; to define a certain term; to provide for powers and functions of the counsel.

SB 549. By Senators Edge of the 28th, Tysinger of the 41st, Crumbley of the 17th and others:
A bill to amend Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to the visitation rights of grandparents generally, so as to allow a grand parent to file an original pleading to obtain visitation rights to a minor child in the custody of both parents; to provide limitations on the filing of such plead ings; to provide for petitions for revocation or amendment of such visitation rights.

SB 588. By Senators Foster of the 50th, Barnes of the 33rd, Deal of the 49th and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to change the provisions relating to the comprehensive evaluation of public schools and school systems; to change the provisions relating to the Quality Basic Education Pro gram task force; to provide for other matters relative to the foregoing.

WEDNESDAY, FEBRUARY 17, 1988

945

SB 596. By Senators Newbill of the 56th, Engram of the 34th, Shumake of the 39th and Coverdell of the 40th:
A bill to amend Code Section 36-67-6 of the Official Code of Georgia Annotated, relating to zoning proposal record and analysis review at hearing or meeting, so as to provide for a two-thirds' vote under certain conditions by the governing authority of a county or municipality in order to approve a zoning proposal.
SB 604. By Senator Harrison of the 37th:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, and Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group accident and sick ness insurance, so as to require coverage for human heart transplants and related expenses to be offered as part of or as an optional endorsement to individual or group benefit plans, policies, or contracts of accident and sickness insurance.
SB 612. By Senators Brannon of the 51st, Harrison of the 37th, Kidd of the 25th and Huggins of the 53rd:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions concerning child custody proceedings, so as to change the age at which a child shall have the right to select the parent with whom he or she desires to live.
SB 626. By Senators Newbill of the 56th, Engram of the 34th, Shumake of the 39th and Coverdell of the 40th:
A bill to amend an Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, as amended, so as to provide for additional compensation for the members of the board of commissioners in such counties; to provide for filing vouchers for reimbursement of expenses.
SB 635. By Senator Stumbaugh of the 55th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide for the establishment and regulation of captive insurance companies; to provide for legislative intent; to define certain terms; to authorize the transaction of certain kinds of insurance by captive insur ance companies.
SB 638. By Senators Deal of the 49th and Tate of the 38th:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for grievance procedures for certificated personnel of local school systems; to provide a statement of purpose; to define a term; to provide minimum standards for grievance procedures implemented by local boards of education.
SB 640. By Senators Barker of the 18th, Hudgins of the 15th, Langford of the 35th and others:
A bill to amend Code Section 19-1-1 of the Official Code of Georgia Annotated, relating to child abuse protocol, so as to change the composition of the child abuse protocol committee.
SR 248. By Senator Broun of the 46th:
A resolution creating the Senate Postsecondary Vocational Education Labora tory, Equipment, and Library Research Needs Study Committee.

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SR 280. By Senators Garner of the 30th, Stumbaugh of the 55th, Kidd of the 25th and others:
A resolution proposing an amendment to the Constitution so as to establish a nine-member Board of Governors of the State Bar of Georgia; to provide for the appointment, operation, duties, and powers of said board; to provide for the sub mission of this amendment for ratification or rejection.
SR 298. By Senators Foster of the 50th and Deal of the 49th: A resolution encouraging the Professional Practices Commission to create and adopt a code of ethics for the education profession.
SR 363. By Senator Land of the 16th: A resolution urging the board of regents to implement a program in the colleges and schools of education within the university system which will provide for cer tain faculty members of such colleges and schools to actively participate periodi cally in an instructional capacity in the public schools of the state.
SR 376. By Senator Turner of the 8th: A resolution designating the James G. Connell Bridge.
SR 382. By Senator Engram of the 34th: A resolution urging the Georgia Peace Officer Standards and Training Council to include family violence in its educational curriculum for law enforcement personnel.
SR 383. By Senator Engram of the 34th: A resolution urging the Georgia Police Academy to develop and implement ad vanced training in the investigation of family and domestic violence for law en forcement personnel.
HB 751. By Representatives Lane of the 27th and Bostick of the 138th: A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to certain required equipment on vehicles, so as to require certain persons in certain vehicles to use seat belts.
HB 1218. By Representatives Selman of the 32nd, Lane of the 27th, McKinney of the 35th and others: A bill to amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to procedure for authorization of bonded debt, so as to prohibit certain bond elections from being held on any date other than the date of the November general election in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.
HB 1237. By Representative Lane of the 27th: A bill to amend Code Section 43-41-8 of the Official Code of Georgia Annotated, relating to requirements for admission to examination for license as a master therapeutic recreation specialist, so as to change the provisions relating to educa tional requirements.
HB 1294. By Representative Prichard of the 8th: A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that in cases where visitation rights have

WEDNESDAY, FEBRUARY 17, 1988

947

been provided to the noncustodial parent, the custodial parent shall have to pro vide certain information concerning the residence of the child so that the noncus todial parent may satisfy his or her visitation rights.
HB 1301. By Representative Porter of the 119th:
A bill to amend Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to the production of documents and things and entry upon land for in spection and other purposes, so as to exclude from production or inspection those documents which are confidential under certain mental health laws.
HB 1326. By Representatives Lee of the 72nd and Patten of the 149th:
A bill to amend Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to qualifying fees for party and public offices, so as to change the provi sions relating to the distribution of qualifying fees paid to county and state polit ical parties.
HB 1371. By Representatives Smyre of the 92nd, Smith of the 152nd, Childers of the 15th and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to create the Commission of Children and Youth.
HB 1399. By Representatives Steinberg of the 46th, Buck of the 95th, Chambless of the 133rd, Ramsey of the 3rd and Oliver of the 53rd:
A bill to amend Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to filing of a petition seeking relief from family violence, so as to change the provisions relating to allegations in verified petitions.
HB 1400. By Representatives Steinberg of the 46th, Buck of the 95th, Chambless of the 133rd, Ramsey of the 3rd, Groover of the 99th and others:
A bill to amend Code Section 19-13-6 of the Official Code of Georgia Annotated, relating to penalties for violation of domestic violence orders, so as to change the provisions relating to actions which constitute violations for which penalties may be imposed.
HB 1407. By Representatives Steinberg of the 46th, Chambless of the 133rd, Buck of the 95th, Ramsey of the 3rd and Thomas of the 31st:
A bill to amend Code Section 17-4-20 of the Official Code of Georgia Annotated, relating to authorization of arrests with and without warrants generally, so as to change the provisions relating to arrests for acts of family violence and for offenses occurring between certain persons; to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the granting of relief by superior courts in cases of family violence, so as to change the definition of the term "family violence".
HB 1436. By Representatives Lawler of the 20th, Mostiler of the 75th, Kilgore of the 42nd and McDonald of the 12th:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to provide that it shall be a misdemeanor to obstruct or hinder a firefighter in the lawful performance of official duties.

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JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) There is created the Cobb County Commission on Children and Youth. The commission shall be composed of 29 members as follows:
(1) Six members to be appointed by the Cobb County legislative delegation, three of whom shall reside in the 20th House legislative district and be appointed by members of the delegation who represent such district and three of whom shall reside in the 21st House legislative district and be appointed by members of the delegation who represent such district;
(2) Four members to be appointed by the Cobb County legislative delegation, one each from Senate districts 32, 33, 37, and 56, who shall reside in such district and be appointed by the member of the delegation who represents such district;
(3) Six members to be appointed by the Board of Commissioners of Cobb County, three of whom shall reside in East Cobb County and be appointed by members of the board who represent that portion of the county and three of whom shall reside in West Cobb County and be appointed by members of the board who represent that portion of the county; and
(4) Thirteen members to be appointed by the judiciary of the Cobb County courts, including the superior court, the state court, the magistrate court, the juvenile court, and the probate court. Appointments to the Cobb County Commission on Children and Youth shall include at least one member from each of the following fields or professions:
(1) Law enforcement;
(2) Child welfare;
(3) Medical;
(4) The judiciary;
(5) Education; and
(6) The business and civic community.
(b) All appointments to the commission shall be made within 30 days after the effective date of this Act. All persons appointed to serve on the Cobb County Commission on Chil dren and Youth shall be residents of said county. If a member of the commission moves his or her residence from the county, that member's position shall immediately become vacant and shall be filled in the same manner as the initial appointment.
Section 2. The commission shall undertake a study of the needs, issues, and problems outlined in this resolution and any and all related matters. The commission may meet at such times and places as it deems necessary to perform its duties and accomplish the goals and purposes of this resolution. The members of the commission shall elect a chairman and such other officers as it deems necessary from its membership at the organizational meeting. The commission may adopt such rules or procedures as it finds necessary or desirable for the governance of its operations. The members of the commission shall serve without com pensation or reimbursement for expenses from public funds.
Section 3. The commission is authorized to receive, accept, and expend funds from pub lic or private sources for programs to benefit the children and youth of Cobb County. The commission is authorized to expend such funds to employ a coordinator, who shall not be a member of the commission, for such programs. The salary of such coordinator shall be set by the commission.
Section 4. The commission shall make an annual report on July 1 of each year of its findings and recommendations to the members of the Cobb County legislative delegation, the Board of Commissioners of Cobb County, and the judicial officers of Cobb County.
Section 5. The commission shall stand abolished on July 1, 1990.
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

TUESDAY, FEBRUARY 16, 1988

849

Section 7. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 51, 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 the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun 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 Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Hine Johnson

Ragan of 10th Tate (excused)

Walker

On the passage of all the local bills, the yeas were 51, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 1625, having received the requisite constitutional majority, were passed.

HB 1625, having received the requisite constitutional majority, was passed by substitute.

The following bills of the Senate and House were taken up for the purpose of consider ing the House action thereon:

SB 475. By Senators Dean of the 31st, Kennedy of the 4th, Turner of the 8th 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, so as to revise the general provisions relative to the Department of Community Affairs; to provide for the continuation of the department; to provide definition of terms; to specify pur poses of the department; to provide for the Board of Community Affairs.

Senator Dean of the 31st moved that the Senate adhere to its disagreement to the House amendment, and that a Conference Committee be appointed.

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JOURNAL OF THE SENATE

38th was excused from all roll calls in the Senate today and will be excused each day hereaf ter until he is well and returns to the Senate.

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Wednesday, February 17, 1988 TWENTY-SEVENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 643 McGill, 24th Wilkes County
Changes compensation of coroner; provides effective date.

*HB 1555

Dawkins, 45th Rockdale County
Provides for the compensation of the members of the chairman of the Board of Education of county. (Substitute)

HB 1651 Kidd, 25th Morgan County
Provides changes in the Magistrate Court of county; increases the amount collected as law library fees in the court.

HB 1672 Ray, 19th Wilcox County
Provides for the election of the members of the Board of Commissioners.

HB 1676 Kennedy, 4th Long County
Provides for the election of the Board of Education; provides for the election of members from single-member education districts.

HB 1680 Dean, 31st Paulding County
Changes the compensation of the members of the Board of Commissioners.

HB 1684 Edge, 28th Pike County
Provides that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Pike County School District who is 62 years of age or over and who does not have an income from all sources exceeding $10,000.00 per annum shall be exempt from all ad valorem taxation for edu cational purposes levied for and in behalf of such school system.

HB 1695 Perry, 7th Berrien County
Provides that the homestead of each resident of Berrien County School Dis trict who is 62 years of age or older and who has less than $12,000.00 per year of specified income shall be exempt from Berrien County School District ad valorem taxation, including taxes levied to retire bonded indebtedness of the

WEDNESDAY, FEBRUARY 17, 1988

951

school district, in the amount of $15,000.00 of the assessed value of the home stead.

HB 1602 Foster, 50th Habersham County
Provides that the judge of the Probate Court of county shall serve as Chief Magistrate of Magistrate court; provides for term, filling of vacancies, and compensation for the office of chief magistrate.

The substitute to the following bill was put upon its adoption:

*HB 1555:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 1555:

A BILL
To be entitled an Act to provide for the compensation of the members and chairman of the Board of Education of Rockdale County; to provide for related matters; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) Each member, including the chairman, of the Board of Education of Rockdale County may receive as compensation for serving on such board a per diem of $75.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state on official board business authorized by a majority of the board. The compensation provided for in this subsection shall be paid from the funds of the Rockdale County school system.
(b) In addition to the compensation provided for in subsection (a) of this section, each member and the chairman of the board of education shall be reimbursed for actual expenses necessarily incurred in connection with travel on official business outside Rockdale County which has been authorized by a majority of the board.
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Crumbley Dawkins Deal

Dean Echols Edge English Engram Fincher Foster Gillis Hine Hudgins Huggins Johnson Kennedy

Kidd Land Langford McKenzie Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake

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JOURNAL OF THE SENATE

Starr Stumbaugh

Taylor Turner

Tysinger Walker

Those not voting were Senators:

Coleman Coverdell Garner Harris

Harrison Howard McGill Newbill

Scott of 2nd Tate (excused) Timmons

On the passage of all the local bills, the yeas were 45, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 1555, having received the requisite constitutional majority, were passed.

HB 1555, having received the requisite constitutional majority, was passed by substitute.

SENATE RULES CALENDAR
Wednesday, February 17, 1988
TWENTY-SEVENTH LEGISLATIVE DAY
SB 629 Jail Construction and Staffing Act--provide (Corr--33rd)
SR 245 Hill Wilbanks Memorial Bridge--designate (Trans--54th)
SB 513 Jurors--hearing impaired have right to serve (Substitute) (S Judy--33rd)
SB 537 Bond Fund Expenditure--counties with 250,000-400,000 population (U&CA G--33rd)
SB 628 County Boards of Equalization--selection (U&CA G--45th)
SB 630 Cities, Counties--prohibit selling fire, burglar systems (Substitute) (U&CA G--33rd)
SR 370 Nongasoline Fuel Used by Farmer--urge Congress to amend federal tax law (Ag--6th)
HB 1465 Boards of Equalization--requesting additional alternate members (U&CA G--44th)
SB 618 State Purchasing--bills paid in timely manner (Gov Op--26th)
SB 625 Certain Municipal Officers--terms of office (Gov Op--2nd)
SR 355 State Bar--applicability of Administrative Procedure Act (Gov Op--30th)
SB 611 Municipal Development Funds--tax amount cities allowed to collect (Substitute) (U&CA G--29th)
HB 1442 City Business Improvement Districts--redefine municipality (U&CA G--14th)
HB 480 Public School Employees Retirement--postretirement benefit adjustment (Ret--44th)
HB 482 Public School Employees Retirement--change provisions on amount of benefit (Ret--44th)
HB 1351 Joint Municipal Employee Benefit System--delete legislative revision provision (Ret--19th)
HR 579 Stephens County--lease of certain state owned property (Pub U--50th)
HB 218 "911" System--collecting maintenance fees for certain enhanced ones (Substi tute) (Pub U--45th)
HB 1512 Municipal Gas Authority--benefits under Employees Benefit System (Ret-- 19th)

WEDNESDAY, FEBRUARY 17, 1988

953

HB 1491 Certain Debts Due Teacher, Employee Health Insurance Fund--discharge (Gov Op-- 25th)
HB 1493 Employees' Health Insurance Check--when void (Gov Op--25th)
HB 1279 County Tax Digests--review, correction, equalization (B&F--20th)
Respectfully submitted,
/s/ Dean of the 31st, Chairman Senate Rules Committee

The following general bills and resolution of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:

SB 629. By Senators Barnes of the 33rd and Garner of the 30th:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to provide funds for constructing, operating, and staffing county jails, county correctional institutions, and county detention facilities; to provide a short title; to provide a statement of purpose and authority; to provide for the repeal of this Act.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bwen Brannon ^roun ,
Coleman Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner
Gillis Harris Hine
Howard Hudgins Huggins Johnson Kennedy Kidd Land Langford

McGill Newbill Olmstead Peevy Phillips
Ragan of 10th Ragan of 32nd Ray
Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Coverdell Harrison McKenzie

Perry Scott of 2nd

Shumake Tate (excused)

On the passage of the bill, the yeas were 49, nays 0.

954

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.

SR 245. By Senator Fincher of the 54th: A resolution designating the Hill Wilbanks Memorial Bridge.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols

Edge English Fincher Foster Garner Gillis Harris Hine Hudgins Muggins Johnson Kennedy Kidd Land Langford McGill

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Coverdell Engram Harrison

Howard McKenzie Shumake

Tate (excused) Walker

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 513. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to provide that hearing im paired persons shall have the right to serve as jurors; to provide that hearing impaired persons selected to serve as jurors shall be provided with qualified in terpreters and intermediary interpreters, if necessary.

The Senate Committee on Special Judiciary offered the following substitute to SB 513:

A BILL
To be entitled an Act to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to provide that hearing im paired persons shall have the right to serve as jurors; to provide that hearing impaired per sons selected to serve as jurors shall be provided with qualified interpreters and intermedi ary interpreters, if necessary; to provide for compensation of qualified and intermediary interpreters; to provide for certain authority and duties of courts with respect to the forego ing; to provide for related matters; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 17, 1988

955

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, is amended by renumbering paragraphs (2) and (3) of subsection (a) of Code Section 15-12-40, relating to jury lists, compilation and revision, and procedures, as paragraphs (3) and (4) and by adding a new paragraph (2) to read as follows:
"(2) A hearing impaired person as defined in Code Section 24-9-101 shall have the right to serve as a juror unless otherwise disqualified by law. When a hearing impaired person is selected to serve as a juror, the court shall order the clerk to make arrangements to provide the hearing impaired juror or jurors with a qualified interpreter or an intermediary inter preter, if necessary, in the same manner as qualified interpreters and intermediary inter preters are appointed in administrative and judicial proceedings under Article 5 of Chapter 9 of Title 24. Qualified interpreters and intermediary interpreters shall receive the compen sation authorized in Code Section 24-9-108 which shall be paid out of the funds of the county as an expense of court."
Section 2. Said article is further amended by amending Code Section 15-12-42, relating to selection of jurors, use of jury boxes, mechanical or electronic means of selection and contract for drawing of jurors, by adding a new subsection (d) at the end thereof to read as follows:
"(d) A hearing impaired person as defined in Code Section 24-9-101 shall have the right to serve as a juror unless otherwise disqualified by law. When a hearing impaired person is selected to serve as a juror under any of the methods authorized under subsections (a), (b), and (c) of this Code section, the court shall order the clerk to make arrangements to provide the hearing impaired juror or jurors with a qualified interpreter or an intermediary inter preter, if necessary, in the same manner as qualified interpreters and intermediary inter preters are appointed in administrative and judicial proceedings under Article 5 of Chapter 9 of Title 24. Any person who is hearing impaired shall promptly, upon being summoned as a juror, notify the clerk of the need of an interpreter. Qualified interpreters and intermedi ary interpreters shall receive the compensation authorized in Code Section 24-9-108 which shall be paid out of the funds of the county as an expense of court. The court shall have the right to implement this subsection by rule and shall utilize the services of interpreters em ployed by the Georgia Interpreters Services Network whenever practical."
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:

Albert Allgood Baldwin Barker Barnes Bowen Broun Bryant Burton Coleman Crumbley Dawkins

Deal Dean Echols Edge Engram Fincher Foster Garner Gillis Harris Hine Howard

Hudgins Muggins Johnson Kennedy Kidd Land McGill McKenzie Newbill Olmstead Peevy Perry

956

JOURNAL OF THE SENATE

Phillips Ragan of 10th Ragan of 32nd Rav Scott of 2nd

Scott of 36th Shumake
Starr Stumbaugh

Taylor Turner
Tysmger Walker

Voting in the negative was Senator Brannon.

Those not voting were Senators:

Coverdell English

Harrison Langford

Tate (excused) Timmons

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 537. By Senators Barnes of the 33rd, Harrison of the 37th, Newbill of the 56th and Ragan of the 32nd:
A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to provide additional requirements for the expenditure of bond funds and lengthen the amount of time allowed for letting contracts related to projects financed with bond proceeds in counties of this state having a popula tion of not less than 250,000 nor more than 400,000.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen
B rvant

Engram Fincher Foster Garner Gillis
Harris Hine Howard

Crumbley Dawkins pj ea l Dean Echols Edge
English

Johnson Kennedy Kidd Land McGill McKenzie
Newbill

Olmstead Peevy Perry Phillips Ragan of 10th
Ragan of 32nd Ray Scott of 2nd
Scott of 36th Shumake Starr Stumbaugh Taylor Turner Tysinger
Walker

Those not voting were Senators:

Brannon Coverdell Harrison

Hudgins Langford

Tate (excused) Timmons

On the passage of the bill, the yeas were 49, nays 0.

WEDNESDAY, FEBRUARY 17, 1988

957

The bill, having received the requisite constitutional majority, was passed.
SB 628. By Senator Dawkins of the 45th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to change provisions relating to selection of members of such boards; to provide that persons selected to serve as members must be qualified and competent to serve as grand jurors but need not be on the current grand jury list; to provide for related matters.
Senator Dawkins of the 45th moved that SB 628 be committed to the Senate Commit tee on Urban and County Affairs (General).
On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 628 was commit ted to the Senate Committee on Urban and County Affairs (General).
SB 630. By Senators Barnes of the 33rd and Hudgins of the 15th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties and municipal corporations, so as to prohibit counties and municipal corporations and officials and employees thereof from installing, servicing, maintaining, operating, selling, or leasing as lessor any burglar alarm systems, fire alarm systems, or other electronic security systems on private property under certain circumstances.
The Senate Committee on Urban and County Affairs offered the following substitute to SB 630:
A BILL
To be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties and municipal corporations, so as to prohibit counties and municipal corporations and officials and employees thereof from installing, servicing, maintaining, operating, selling, or leasing as lessor any burglar alarm systems, fire alarm systems, or other electronic security systems on private property under certain circumstances; to provide for an exception; to provide for other matters relative thereto; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties and municipal corporations, is amended by adding at the end thereof a new Code Section 36-60-12 to read as follows:
"36-60-12. No county or municipal corporation nor any official or employee thereof shall install, service, maintain, operate, sell, or lease as lessor any burglar alarm system, fire alarm system, or other electronic security system on private property if a private contractor li censed to do business within the county or municipality offers such systems or services to the public within such county or municipality. The provisions of this Code section shall not prohibit a county or municipal corporation from installing, servicing, maintaining, or operat ing a burglar alarm system, fire alarm system, or other electronic security system on any property owned or leased by such county or municipal corporation. This Code section shall not apply to any county or municipality offering electronic security systems on January 1, 1988. Any person violating this Code section or expending county or municipal funds in violation 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.
On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.

958

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon BBrroyuannt Burton Coverdell
Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris HHionwe ard Hudgins Johnson
Kennedy Kidd Land McGill Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd D ,,co.t.t of,. n2nd, Scott of 36th Shumake
Starr Stumbaugh Taylor Timmons Turner

Those not voting were Senators:

Coleman Crumbley Harrison

Huggins Langford McKenzie

Tate (excused) Tysinger 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.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 370. By Senators Echols of the 6th and Ragan of the 10th:
A resolution urging the Congress of the United States to amend federal laws re lating to motor fuel taxes on nongasoline fuels used by farmers for off-road uses.

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 Bryant

Burton Coverdell Crumbley Dawkins Deal Dean Echols English Fincher

Foster Garner Gillis Harris Huggins Kennedy Kidd McGill McKenzie

WEDNESDAY, FEBRUARY 17, 1988

959

Olmstead Peevy Perry Phillips Ragan of 32nd

Ray Scott of 2nd Scott of 36th Shumake Starr

Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Coleman
Engram Harrison Mine

Howard Hudgins Johnson Land
Langford

Newbill R of I0th
Tate (excused) Walker

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1465. By Representatives Holcomb of the 72nd, Lee of the 72nd, Bailey of the 72nd and Johnson of the 72nd:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation and appointment of county boards of equalization, so as to provide that the authority for certain counties to request the appointment of additional alternate members of boards of equalization shall apply to any county.
Senate Sponsors: Senators Dawkins of the 45th and Starr of the 44th.

Senator Dawkins of the 45th offered the following amendment: Amend HB 1465 by striking on page 2, lines 24 and 25, the words, "from the current grand jury list of the county"; and by striking on page 2, lines 27 and 28, the words, "from the current grand jury list of the county".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun Bryant Burton Coverdell

Dawkins Deal Dean Echols Edge English Engram Foster Garner Gillis

Harris Hine Hudgins Huggins Johnson Kennedy Kidd McGill McKenzie Olmstead

960

JOURNAL OF THE SENATE

Peevy Perry Phillips Ragan of 10th Ragan of 32nd

Ray Scott of 2nd Scott of 36th Starr Stumbaugh

Taylor Timmons Turner Tysinger

Those not voting were Senators:

Barker Coleman Crumbley Fincher

Harrison Howard Land Langford

Newbill Shumake Tate (excused) Walker

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following general bill of the Senate, having been read the third time on February 15 and postponed until February 16, was put upon its passage:

SB 618. By Senators Olmstead of the 26th, Kidd of the 25th, Harris of the 27th and others:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, so as to provide that the policy of the state is that all bills owed by the state and its institutions and agencies will be paid in a timely manner; to define certain terms; to provide for certain prompt payment methods.

Senators Barnes of the 33rd and Olmstead of the 26th offered the following amendment:
"(f)"A, mend SB 618 by striking after "section." on line 12, page 3, the balance of paragraph

and further by striking "the" on line 29, page 3, and adding "30 days after due date", and by striking "date they are due" on line 29, page 3.

On the adoption of the amendment, the yeas were 36, nays 2, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Bryant Burton Coverdell Crumbley

Dawkins Deal Dean Echols Edge English Fincher Foster Garner Gillis Harris

Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land McGill Newbill Olmstead

WEDNESDAY, FEBRUARY 17, 1988

961

Peevy Phillips Ragan of 10th Ragan of 32nd
Ray

Scott of 2nd Scott of 36th Starr Stumbaugh
Taylor

Timmons Turner
Tysmger Walker

Voting in the negative was Senator Engram.

Those not voting were Senators:

Bowen Coleman Harrison

Langford McKenzie Perry

Shumake Tate (excused)

On the passage of the bill, the yeas were 47, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

The following resolution of the Senate was read and adopted:

SR 397. By Senator Dawkins of the 45th: A resolution commending the Heritage High School drama department.

Senator Dawkins of the 45th introduced a group from the Heritage High School Drama Department.

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 625. By Senator Scott of the 2nd:
A bill to amend Article 3 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to dates of primaries and elections and terms of offices, so as to change certain provisions relating to terms of office of municipal officers elected in 1990; to provide for the extension of the terms of office of certain mu nicipal officers elected in 1986.

Senator Scott of the 2nd offered the following substitute to SB 625:

A BILL
To be entitled an Act to amend Code Section 21-3-64 of the Official Code of Georgia Annotated, relating to the authority of the General Assembly by local law to change terms of office of elected municipal officers, so as to provide additional authority for the enactment of such local laws; 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 21-3-64 of the Official Code of Georgia Annotated, relating to the authority of the General Assembly by local law to change terms of office of elected municipal officers, is amended by designating the present language of said Code section as subsection (a) thereof and by adding at the end thereof a new subsection (b) to read as follows:
"(b) Notwithstanding the provisions of Code Section 1-3-11 or any other provision of this chapter, the General Assembly is authorized to provide by local law for any municipal ity that has terms of municipal office of four years that municipal officers elected in 1986

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JOURNAL OF THE SENATE

shall serve until December 31, 1991, and for the election of successors to said officers in a municipal election held in 1991."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The President announced that, pursuant to Senate Rule 143, consideration of the sub stitute and bill would be suspended and placed on the Senate General Calendar.

SR 355. By Senator Garner of the 30th:
A resolution relative to the State Bar of Georgia and the applicability of the "Georgia Administrative Procedure Act".

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:

Engrain Garner

Hudgins Kidd

Newbill Stumbaugh

Those voting in the negative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Fincher Foster Gillis Harris Hine Howard Huggins Johnson Kennedy Land McGill McKenzie

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Starr Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Coleman Harrison

Langford Scott of 36th

Tate (excused)

On the adoption of the resolution, the yeas were 6, nays 45.

The resolution, having failed to receive the requisite constitutional majority, was lost.

SB 611. By Senator Baldwin of the 29th:
A bill to amend Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, so as to change the amount of tax that

WEDNESDAY, FEBRUARY 17, 1988

963

a municipality may levy and collect to provide funds for municipal development authorities.

The Senate Committee on Urban and County Affairs offered the following substitute to SB 611:

A BILL
To be entitled an Act to amend Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, so as to change the amount of tax that a municipality may levy and collect to provide funds for municipal development authorities; 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 48 of the Official Code of Georgia Annotated, relating to municipal taxation, is amended by striking in its entirety Code Section 48-5-350, relating to the municipal power to levy and collect tax to provide funds for municipal devel opment authorities, and inserting in lieu thereof a new Code Section 48-5-350 to read as follows:
"48-5-350. Every municipality may levy and collect municipal taxes upon all taxable property within the limits of the municipality to provide for financial assistance to its devel opment authority or a joint county and municipal development authority for the purpose of developing trade, commerce, industry, and employment opportunities. The tax levied for the purposes provided in this Code section shall not exceed three mills per dollar upon the assessed value of the property; provided, however, the authorization contained in this Code section to levy and collect such tax shall not be deemed to be exclusive and shall not pre vent any municipality from exercising any additional power granted to it pursuant to any constitutional amendment, whether general or special, to levy any ad valorem tax for the purpose of providing financial assistance to any municipal or joint county and municipal development authority. The exceptions to the three mill per dollar tax limitation contained in the proviso of the preceding sentence shall not be construed so as to affect any action pending in court on February 20, 1984."
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 2, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Bryant Burton Coleman Coverdell Crumbley Dawkins

Dean Edge English Engram Fincher Foster Garner Gillis Harris Hine Howard Huggins Johnson

Kennedy Kidd Land McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray

964

JOURNAL OF THE SENATE

Shumake Starr Stumbaugh

Taylor Timmons Turner

Tysinger Walker

Voting in the negative were Senators Deal and Echols.

Those not voting were Senators:

Brannon Harrison Hudgins

Langford Scott of 2nd

Scott of 36th Tate (excused)

On the passage of the bill, the yeas were 47, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1442. By Representatives Rainey of the 135th, Hooks of the 116th, Walker of the 115th, Bostick of the 138th, Carter of the 146th and others:
A bill to amend Code Section 36-43-3 of the Official Code of Georgia Annotated, relating to definitions regarding city business improvement districts, so as to change the definition of a municipality.
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 Bwen Broun
Burton Coleman Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gilhs Harris Hward Hudgins Huggins
Kennedy
Kidd Land
McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th R of 32nd D
Scott of 2nd
Scott of 36th Shumake Starr Stumbaugh Taylor Turner Tysinger

Those not voting were Senators:

Brannon Crumbley Harrison

Hine Johnson Langford

Tate (excused) Timmons Walker

WEDNESDAY, FEBRUARY 17, 1988

965

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 480. By Representatives Johnson of the 72nd, Watts of the 41st, Godbee of the 110th and others:
A bill to amend Article 6 of Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and disability benefits under the Public School Employees Retirement System, so as to authorize postretirement benefit adjustments.
Senate Sponsor: Senator Starr of the 44th.

The following actuarial report, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1987

SUBJECT: Actuarial Investigation--House Bill 480 (LC 7 6414) Public School Employees Retirement System

This Bill would authorize the board of trustees of the Public School Employees Retire ment System to grant cost-of-living postretirement benefit adjustments. Adjustments would be based on the recommendations of the system's actuary, maintenance of the actuarial soundness of the system and any appropriations granted by the General Assembly for such postretirement benefits.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. The system's actuary has determined that the cost of this proposal cannot be calculated without a specific recommended benefit adjustment. However, as an example, each 1% increase in benefits to present retirees would have the following impact.

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JOURNAL OF THE SENATE

(1) The amount of unfunded actuarial accrued liability which will result from the bill.

$ 980,000

(2) The amount of annual normal cost which will result from the bill. $

0

(3) The employer contribution rate currently in effect.

$ 13,330,000

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). $ 13,455,000

(5) The dollar amount of the increase in the annual employer

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$

125,000

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

/s/ G. W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen
Brannon Broun Bryant Burton Coleman Dawkins Deal Dean Echols

English Engram Foster Garner Harris Hine
Howard Hudgins Huggins Johnson Kennedy Land McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd
Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Coverdell Crumbley Edge Fincher

Gillis Harrison Kidd Langford

Shumake Tate (excused) Walker

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 482. By Representatives Johnson of the 72nd, Watts of the 41st, Godbee of the 110th and others:
A bill to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits under the Public School Employees Retirement

WEDNESDAY, FEBRUARY 17, 1988

967

System, so as to change the provisions relating to the amount of retirement benefit.
Senate Sponsor: Senator Starr of the 44th.

The following actuarial report, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1987

SUBJECT: Actuarial Investigation--House Bill 482 (LC 7 6506) Public School Employees Retirement System

This Bill would increase from $8.00 to $10.00 the monthly retirement payment that is multiplied by the member's years of creditable service to determine the total monthly re tirement benefit under the Public School Employees Retirement System. These increased benefits would apply to past as well as future retirees and would be funded on a pro rata basis if the funds necessary to fully fund the provisions are not appropriated by the General Assembly. In no case would a monthly retirement payment less than $8.00 be used in deter mining the total monthly retirement benefit.
The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will result from the bill.

$ 50,897,000

(2) The amount of annual normal cost which will result from the bill. $ 1,555,000

(3) The employer contribution rate currently in effect.

$ 13,330,000

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). $ 18,582,000

(5) The dollar amount of the increase in the annual employer

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$ 5,252,300

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

/s/ G. W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Harris Hine Huggins Johnson Kennedy Kidd McKenzie Newbill

Those not voting were Senators:

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger

Crumbley Dawkins Harrison Howard

Hudgins Land Langford McGill

Shumake Tate (excused) Walker

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1351. By Representative Lane of the 27th:

A bill to amend Code Section 47-5-70 of the Official Code of Georgia Annotated, relating to the vesting of benefits and the creation of debts of the state under the Joint Municipal Employees Benefit System, so as to delete the provision relative to legislative revision and the vesting of rights in connection therewith.

Senate Sponsor: Senator Ray of the 19th. The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:
FROM: DATE: SUBJECT:

The Honorable Dick Lane House Representative
G. W. Hogan, State Auditor
January 14, 1988
House Bill 1351 (LC 7 6852) Joint Municipal Employees Benefit System

This Bill would remove the provision for legislative revision of benefits and contracts made pursuant to the chapter of the Georgia Code relating to the Joint Municipal Employ ees Benefit System and also removes the provision that no vested rights are created under this retirement system. If enacted the Bill would become effective on July 1, 1988.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.
/s/ G. W. Hogan State Auditor

WEDNESDAY, FEBRUARY 17, 1988

969

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Brannon Broun Bryant Burton Coverdell Crumbley Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Hine Howard Hudgins Huggins Johnson Kennedy Kidd McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Taylor Turner Tysinger

Those not voting were Senators:

Baldwin Bowen Coleman Dawkins

Harrison Land Langford Scott of 2nd

Tate (excused) Timmons Walker

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 579. By Representatives Jamieson of the llth and Dover of the llth: A resolution authorizing the lease of a certain tract of state owned property. Senate Sponsor: Senator Foster of the 50th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coverdell

Crumbley Dawkins Deal Dean Echols Edge English Engram Fincher Foster Garner

Gillis Harris Hine Hudgins Huggins Johnson Kennedy Kidd Land McGill McKenzie

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JOURNAL OF THE SENATE

Newbill Olmstead Peevy Phillips

Ragan of 32nd Ray Scott of 36th Shumake

Starr Stumbaugh Taylor Turner

Those not voting were Senators:

Coleman Harrison Howard Langford

Perry Ragan of 10th Scott of 2nd Tate (excused)

Timmons Tysinger Walker

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

HB 218. By Representatives Alford of the 57th, Watson of the 114th, Athon of the 57th and Mangum of the 57th:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977", so as to provide a procedure for levying and collecting maintenance fees for certain enhanced emergency telephone number "911" sys tems directly from subscribers of telephone service.
Senate Sponsor: Senator Dawkins of the 45th.

The Senate Committee on Public Utilities offered the following substitute to HB 218:

A BILL
To be entitled an Act to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to provide a procedure for levying and collecting mainte nance fees for certain enhanced emergency telephone number "911" systems directly from subscribers of telephone service; to provide for definitions; to provide for additional exemp tions from liability with respect to the "911" emergency telephone system; to provide for resolutions; to provide limitations on expenditures of maintenance fees; to place certain du ties on certain telephone companies; to provide for a statement of intent; to provide for practices and procedures; to require certain approval in a special election prior to the exer cise of certain powers by local governments; 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. Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977," is amended by striking Code Section 46-5-122, relating to definitions of terms used in the laws relating to emergency telephone number "911" systems, and inserting in lieu thereof a new Code Section 46-5-122 to read as follows:
"46-5-122. As used in this part, the term:
(1) 'Division' means the Telecommunications Division of the Department of Adminis trative Services.
(2) 'Emergency "911" system' means a local telephone exchange service which facili tates the placing of calls by persons in need of emergency systems by dialing the telephone

WEDNESDAY, FEBRUARY 17, 1988

971

number '911' and under which calls to '911' are answered by public safety answering points established and operated by the county or municipality subscribing to the '911' service.
(3) 'Enhanced emergency telephone number "911" system' means emergency '911* ser vice that provides the telephone number and location of the calling party to the public safety answering point.
(4) 'Local government' means any city, county, or political subdivision of Georgia and its agencies.
(5) 'Maintenance fee' means any yearly, monthly, or other periodic recurring charge or tariff imposed by a telephone company for installation and operation of an enhanced emer gency telephone number '911' system which is in addition to any charge or tariff imposed for operation of a basic emergency telephone number '911' system.
(6) 'Public agency' means the state and any city, county, city and county, municipal corporation, chartered organization, public district, or public authority located in whole or in part within this state which provides or has authority to provide fire-fighting, law en forcement, ambulance, medical, or other emergency services.
(7) 'Public safety agency' means a functional division of a public agency which provides fire-fighting, law enforcement, emergency medical, suicide prevention, civil defense, poison control, or other emergency services."
Section 2. Said part is further amended by striking Code Section 46-5-131, relating to exemptions from liability in operation of the "911" system, and inserting in its place a new Code Section 46-5-131 to read as follows:
"46-5-131. (a) Neither the state nor any political subdivision of the state nor, except in cases of willful misconduct, gross negligence, or bad faith, the employees, agents, or repre sentatives of the state or any political subdivision thereof shall be liable for death or injury to the person or for damage to property as a result of establishing, participating in, or carry ing out duties involved in operating the '911' emergency telephone system.
(b) Neither a telephone company nor, except in cases of willful misconduct, gross negli gence, or bad faith, the employees, agents, or representatives of such telephone company shall be liable for death or injury to the person or for damage to property as a result of the establishment, installation, operation, failure of operation, maintenance, removal, presence, condition, location, or use of '911' service features and systems."
Section 3. Said part is further amended by adding at the end thereof a new Code sec tion, to be designated Code Section 46-5-132, to read as follows:
"46-5-132. (a) The governing authority of any local government which operates or which contracts for the operation of an enhanced emergency telephone number '911* system is authorized to adopt a resolution requiring the telephone company providing such service to divide any maintenance fee among the telephone subscribers whose telephones are in the area served by the enhanced emergency telephone number '911' system and bill such sub scribers on a pro rata basis for their share of such maintenance fee. Such resolution, or any amendment to such resolution, shall fix a date on which such resolution and the imposition and collection of the charges or tariffs as provided in such resolution shall become effective, but such effective date shall be at least 120 days following the date of adoption of such resolution or any amendment to such resolution by the governing authority of the local government.
(b) If a resolution is adopted as provided in subsection (a) of this Code section, it shall be the duty of any telephone company providing an enhanced emergency telephone number '911' system to the local government to impose and collect the maintenance fee from tele phone subscribers within the area served by such system. The imposition and collection of such fee shall be a condition of doing business in the area served by such system.
(c) The maintenance fee collected for the provision of an enhanced emergency tele-

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phone number '911' system shall be collected and expended exclusively for the payment of charges for the enhanced emergency telephone number '911' system. Such maintenance fee shall not be imposed, collected, or expended for any other purpose.
(d) This Code section shall not be construed as affecting the jurisdiction or powers of the Public Service Commission to establish rates, charges, or tariffs.
(e) No local government shall be authorized to exercise the power conferred by this Code section unless a majority of the voters residing in that political subdivision who vote in an election called for such purpose shall vote to authorize the implementation of this Code section. Such election shall be called and conducted as other special elections are called and conducted in such political subdivision, when requested by such local government. The question on the ballot shall be as prescribed by the election superintendent."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Dawkins of the 45th offered the following amendment: Amend HB 218 by adding in the title at the end of line 11 of page 1 the following: "exceptions; to provide for". By striking in Section 2 on line 4 of page 3 the word "The" and inserting in lieu thereof the following: "Except as otherwise provided in subsection (e) of this Code section, the". By striking the quotation marks from the end of line 7 on page 4. By adding between lines 7 and 8 on page 4 the following: "(e) The provisions of this Code section shall not apply in any case in which a tele phone company notifies the governing authority of a county that in view of the existing telephone equipment of the company the installation of an enhanced emergency telephone number '911' system is not technologically feasible or cost effective.'"
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 0, nays 36, and the substitute was lost.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to 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 ^owen B,,Buroyrutao"nnt Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Fincher Foster
Garner Gillis H,,Hoarwriasrd, Hudgins Huggins Johnson Kidd Land McGill

McKenzie Newbill Olmstead peevy
Phillips Ragan of 10th RDRaaygan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Turner Tysinger

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973

Those not voting were Senators:

Brannon
ECnoglermaiann Harrison Mine

Kennedy (presiding) Langford
Perry Shumake

Tate (excused) Taylor
Timmons Walker

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1512. By Representative Lane of the 27th:
A bill to amend Code Section 47-5-2 of the Official Code of Georgia Annotated, relating to definitions relating to the Joint Municipal Employees Benefit System, so as to authorize the Municipal Gas Authority of Georgia to contract with the board of trustees of the Joint Municipal Employees Benefit System to offer re tirement and employee benefits to employees of the authority; to change the defi nition of the term "employer".
Senate Sponsor: Senator Ray of the 19th.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Dick Lane

State Representative

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 1, 1988

SUBJECT: Fiscal Note--House Bill 1512 (LC 9 5011) Joint Municipal Employees Benefit Fund

This Bill would add the Municipal Gas Authority of Georgia to the list of organizations defined as "employers" under the Joint Municipal Employees Benefit System. This would authorize the Authority to contract with the Joint Municipal Employees Benefit System to offer retirement and employee benefits. If enacted, this Bill would become effective upon the Governor's approval or upon becoming law without such approval.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.

/s/ G. W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen
Brannon
B*TryTMant BCoulretomnan Coverdell Dawkins Deal Edge

English Fincher Foster Gillis Harris
H'ne .
5H<udTgms JHouhgngsionns Kidd Land McGill McKenzie

Newbill Olmstead Peevy Perry phillips
RaganoflOth
Rag6an of 32nd S"caoytt of 36th Stumbaugh Taylor Turner Tysinger

Those not voting were Senators:

Barker Crumbley Dean Echols Engrain

Garner Harrison Kennedy (presiding) Langford Scott of 2nd

Shumake Starr Tate (excused) Timmons Walker

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1491. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other personnel, so as to provide for the dis charge of certain debts or obligations due the health insurance fund for public school teachers and the health insurance fund for public school employees.
Senate Sponsor: Senator Kidd of the 25th.

Senator Kidd of the 25th offered the following amendment: Amend HB 1491 by striking the word "five" on line 7 of page 1 and substituting in lieu thereof the word "seven". By striking the word "five" on line 25 of page 1 and substituting in lieu thereof the word "seven". "seveBny".striking the word "five" on line 1 of page 4 and substituting in lieu thereof the word
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 Bowen

Brannon Broun Bryant

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975

Burton Coleman Coverdell Dawkins Deal Dean Echols Edge English Foster Garner

Harris Hine Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Scott of 36th Shumake Starr Stumbaugh Taylor Turner Tysinger

Those not voting were Senators:

Crumbley Engram Fincher Gillis Harrison

Hudgins Kennedy (presiding) Langford McGill Ray

Scott of 2nd Tate (excused) Timmons Walker

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1493. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
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 pro vide that any check or draft not presented for acceptance during the five years following the date the check or draft was issued shall be void and the funds re tained by the insurance fund that issued the check or draft.
Senate Sponsor: Senator Kidd of the 25th.

Senator Kidd of the 25th offered the following amendment:
Amend HB 1493 by striking the word "five" on line 4 of page 1 and substituting in lieu thereof the word "seven".
By striking the word "five" on line 24 of page 1 and substituting in lieu thereof the word "seven".

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun

Bryant Burton Coverdell Crumbley Deal Dean Echols

Edge English Fincher Foster Garner Gillis Harris

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Huggins Johnson
jj McKenzie Newbill Olmstead

Peevy p erry
Ragan of 10th Ra8an of 32nd Ray Scott of 36th

Shumake Starr
Stumbaugh Tflylor Turner Tysinger

Those not voting were Senators:

Allgood Coleman
Engram8 Harrison Hine

Howard Hudgins
Kennedy (presiding) Langford McGill

Phillips Scott of 2nd
Tate (excused) Timmons Walker

On the passage of the bill, the yeas were 40, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following general bill of the House, having been read the third time on February 15 and postponed until February 17, was put upon its passage:

HB 1279. By Representatives Crosby of the 150th, Wilson of the 20th, Kilgore of the 42nd and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide a procedure for the review, correction, and equalization of county tax digests.
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 30334/8400

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 26, 1988

SUBJECT: Fiscal Note--House Bill 1279 (LC 18 2260) County Tax Digests--Review and Equalization

This Bill provides for new procedures to review, correct, and equalize county tax digests and the establishment of a 50 member Ad Valorem Assessment Review Commission to han dle appeals. Existing provisions require the State Revenue Commissioner to adjust and equalize tax digests by factoring the digests and, if necessary, adjusting the county's millage levy. This Bill allows the Commissioner to disapprove a tax digest and would allow a county one year to correct a disapproved digest, during which time it could be used for tax collec tions. However, subsequent disapproval for the same deficiencies could result in the with holding of grants to the county. Members of the newly created Commission would be ap-

WEDNESDAY, FEBRUARY 17, 1988

977

pointed to a five-person appeal board that would review for a disapproved digest appeal from a local governing authority. These members would receive $59 per day travel expense allowance payments (plus transportation costs) for each day of service. The Chairman of the Commission would also be authorized to employ a chief administrative officer and necessary staff to establish and maintain an appeal procedure. If enacted, this Bill would become ef fective on January 1, 1989.
The Bill is not expected to effect state tax revenues. The Department of Revenue does not expect any additional cost to the department. Additional administrative expenses, how ever would be associated with the created commission for the Commission Staif (chief ad ministrative officer and necessary staff) and travel expense payments and transportation costs paid Commission members.
It should be noted that a considerable number of appeals are expected as approximately 30% to 35% of the digests currently reviewed by the Commissioner are rejected.

M G. W. Hogan State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

Senator Gillis of the 20th offered the following amendment: Amend HB 1279 by adding on line 18 of page 10, after the period and before the word "At", the following: "The initial hearing shall be held in the county making the appeal." By striking on line 24 of page 10 the following words: "of a hearing", and inserting in their place the following: "for such hearings". By striking from line 29 of page 11 the following: "Superior Court of Fulton County.", and inserting in its place the following: "superior court of the county dissatisfied with the decision."

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Bryant Burton Coleman Crumbley Dawkins Deal

Dean Echols Edge English Fincher Foster Garner Gillis Harris Harrison Mine Howard

Hudgins Muggins Johnson Land McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd

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JOURNAL OF THE SENATE

Ray Scott of 2nd Scott of 36th

Starr Stumbaugh Taylor

Turner Tysinger Walker

Voting in the negative were Senators Broun and Kidd.

Those not voting were Senators:

Brannon Coverdell Engram

Kennedy (presiding) Langford McGill

Shumake Tate (excused) Timmons

On the passage of the bill, the yeas were 45, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended.

The following 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 1724. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the amount of certain au thorized service charges with respect to selling certain tickets or other evidences of right of entry.

HB 1089. By Representative Sinkfield of the 37th:
A bill to amend an Act which completely and exhaustively revised, superseded, consolidated, and replaced all of the laws and amendments thereto pertaining to the Fulton County Personnel Board and the Fulton County Merit System of Per sonnel Administration, so as to change the provisions relating to procedures for disciplinary actions.

The following bills of the House were read the first time and referred to committees:

HB 1089. By Representative Sinkfield of the 37th:
A bill to amend an Act which completely and exhaustively revised, superseded, consolidated, and replaced all of the laws and amendments thereto pertaining to the Fulton County Personnel Board and the Fulton County Merit System of Per sonnel Administration, so as to change the provisions relating to procedures for disciplinary actions.
Referred to Committee on Urban and County Affairs.

HB 1724. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the amount of certain au thorized service charges with respect to selling certain tickets or other evidences of right of entry.
Referred to Committee on Consumer Affairs.

Serving as doctor of the day today was Dr. Gene Kinard of Rossville, Georgia.

WEDNESDAY, FEBRUARY 17, 1988

979

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.
At 11:56 o'clock A.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Thursday, February 18, 1988
Twenty-eighth Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1708. By Representative Stancil of the 66th: A bill to provide a new charter for the City of Mansfield.
HB 1722. By Representative Thomas of the 69th: A bill to amend an Act providing a new charter for the City of Villa Rica, so as to provide for the corporate limits of the City of Villa Rica.
HB 1734. By Representatives Davis of the 45th, Morton of the 47th, Tolbert of the 58th, Williams of the 48th, Lawrence of the 49th and others: A bill to amend an Act making provisions for the Magistrate Court of DeKalb County, so as to change the provisions relating to the compensation of the chief magistrate.
HB 1735. By Representative Carrell of the 65th: A bill to amend an Act creating the Walnutgrove-Youth Water Authority, so as to change the name of the authority; to provide for the membership of the authority.
HB 1395. By Representatives Colwell of the 4th, Greene of the 130th, Foster of the 6th, Cox of the 141st and Johnson of the 72nd: A bill to amend Code Section 50-22-7 of the Official Code of Georgia Annotated, relating to exemptions from the requirements of Chapter 22 of Title 50 concern ing managerial control over acquisition of professional services, so as to exempt the State Properties Commission from the provisions of such chapter.
HB 1590. By Representative Birdsong of the 104th: A bill to amend Chapter 15 of Title 33 of the Official Code of Georgia Annotated, relating to fraternal benefit societies, so as to require any provision relating to the control of the exercise of rights under life benefit certificates to be set out under a separate caption and printed in boldface type.

THURSDAY, FEBRUARY 18, 1988

981

HB 1638. By Representative McDonald of the 12th: A bill to amend Code Section 45-18-30 of the Official Code of Georgia Annotated, relating to the definition of employee when used in connection with deferred compensation plans, so as to change the definition of employee.
HB 1674. By Representative Stephens of the 68th:
A bill to amend Article 2 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to purchase by counties at tax sales, so as to provide a date for the expiration of the redemption period for realty sold under tax execution before August 22, 1981.
HB 1284. By Representative Steinberg of the 46th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone services, generally, so as to prohibit ac cess to the use of certain telephone numbers when solicitations to call such num bers are made with certain automated dialing equipment; to make it unlawful to solicit calls to certain telephone numbers through the use of certain automated dialing equipment.
HB 841. By Representative Hamilton of the 124th: A bill to amend Code Section 50-13-17 of the Official Code of Georgia Annotated, relating to agency decisions in contested cases, so as to provide that all findings of fact by agencies shall be accompanied by a concise and explicit statement of underlying facts supporting the findings.
HB 1479. By Representatives Oliver of the 53rd, Martin of the 26th, Pannell of the 122nd and Dunn of the 73rd: A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, so as to make it unlawful to intimidate, impede, or obstruct or to endeavor to intimidate, obstruct, or impede certain judicial officers and other public officers in the carry ing out of their official duties or to injure such officers on such account.
HB 1501. By Representative McKinney of the 35th: A bill to amend Chapter 41 of Title 36 of the Official Code of Georgia Annotated, relating to urban residential finance authorities for large municipalities, so as to change certain definitions.
HB 1502. By Representative McKinney of the 35th: A bill to amend Code Section 36-42-8 of the Official Code of Georgia Annotated, relating to the powers of downtown development authorities generally, so as to authorize the making and execution of certain additional contracts, agreements, and other instruments.
HB 1364. By Representatives Walker of the 85th and Brown of the 88th: A bill to amend Chapter 12 of Title 34 of the Official Code of Georgia Annotated, known as the "Amusement Ride Safety Act," so as to change the provisions re lating to liability insurance.
HB 1513. By Representatives Greer of the 39th, Aiken of the 21st, Lane of the 27th and McKinney of the 35th: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," so as to change which entities may enter into rapid transit contracts; to provide for transportation services contracts between the Authority

982

JOURNAL OF THE SENATE

and political subdivisions of the state and other entities and provide for condi tions and procedures relating thereto.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 588. By Representative Isakson of the 21st: A resolution compensating Ms. Angie Callaway.
HR 659. By Representatives Galer of the 97th, Watson of the 114th, Kilgore of the 42nd, Branch of the 137th, Porter of the 119th and others: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of an Export Finance Fund from which funds shall be disbursed for a Georgia export finance program to provide loan guarantees, insurance, and coinsurance to support the export of goods, services, and agricultural commodities produced or grown primarily in Georgia by corporations or agricultural enterprises which are domiciled in Georgia.
The House has agreed to the Senate substitute to the following bill of the House:
HB 1221. By Representative Aaron of the 56th: A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the definition of the offense of pander ing; to provide that a person convicted of the offense of pandering when such offense involves the solicitation of a person under the age of 16 years shall be guilty of a felony.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 659. By Senator Timmons of the llth: A bill to repeal an Act providing for the compensation of the treasurer of Seminole County, as amended; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SB 660. By Senator Timmons of the llth: A bill to abolish the office of county treasurer of Seminole County.
Referred to Committee on Urban and County Affairs.
SB 661. By Senators Olmstead of the 26th, Barker of the 18th and Harris of the 27th: A bill to amend an Act known as "Macon-Bibb County Water & Sewerage Act Amended;" to amend an Act entitled "Macon-Water Commissioners' Pension Plan" so as to define the term "compensation"; to increase the retirement bene fits from l'/3% of final average monthly earnings times years of service.
Referred to Committee on Urban and County Affairs.
SB 662. By Senator Langford of the 35th: A bill to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to annual contracts for and disqualifying acts of certified professional personnel under the "Quality Basic Education Act," so as to provide for employ-

THURSDAY, FEBRUARY 18, 1988

983

ment contracts for licensed personnel, paraprofessionals, aides and education sec retaries; to provide procedures for the tendering of new contracts annually.
Referred to Committee on Education.
SB 663. By Senator Langford of the 35th:
A bill to amend Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment under the "Quality Basic Education Act," so as to authorize and direct the State Board of Education to devise a program to provide professional and staff development stipends sufficient to al low eligible licensed personnel, paraprofessionals, and aides to participate in de velopment programs.
Referred to Committee on Education.
SB 664. By Senator Langford of the 35th:
A bill to amend Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment under the "Quality Basic Education Act," so as to provide for a schedule of minimum salaries for licensed personnel, paraprofessionals, aides, and education secretaries.
Referred to Committee on Education.
SB 665. By Senators Langford of the 35th and Walker of the 43rd:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to the reporting of child abuse, so as to protect employees making re ports of child abuse from retaliation or discrimination by their employer; to pro vide civil penalties for employers retaliating or discriminating against employees for reporting child abuse; to provide an effective date.
Referred to Committee on Education.
SB 666. By Senator Stumbaugh of the 55th:
A bill to amend an Act creating a new charter for the City of Lithonia, as amended, so as to change provisions relating to filling vacancies in the offices of mayor and council; to provide for related matters; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SB 667. By Senator English of the 21st:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to provide addi tional legislative intent; to provide amendments to the definitions; to revise the powers and duties of the Board of Natural Resources as to solid waste; to revise the powers and duties of the director of the Environmental Protection Division as to solid waste generally.
Referred to Committee on Natural Resources.
SR 396. By Senators Turner of the 8th and Timmons of the llth:
A resolution proposing an amendment to the Constitution so as to provide that general Acts of the General Assembly causing an increase in expenditures by counties or municipalities shall not become effective until the first day of Janu-

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ary following their enactment and to authorize the General Assembly to provide for procedures for estimating fiscal impact and to provide for exemptions; to pro vide for the submission of this amendment for ratification or rejection. Referred to Committee on Urban and County Affairs (General).
SR 400. By Senator Kidd of the 25th:
A resolution creating the Senate Metabolic Screening Study Committee. Referred to Committee on Human Resources.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 841. By Representative Hamilton of the 124th:
A bill to amend Code Section 50-13-17 of the Official Code of Georgia Annotated, relating to agency decisions in contested cases, so as to provide that all findings of fact by agencies shall be accompanied by a concise and explicit statement of underlying facts supporting the findings. Referred to Committee on Governmental Operations.
HB 1284. By Representative Steinberg of the 46th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone services, generally, so as to prohibit ac cess to the use of certain telephone numbers when solicitations to call such num bers are made with certain automated dialing equipment; to make it unlawful to solicit calls to certain telephone numbers through the use of certain automated dialing equipment.
Referred to Committee on Urban and County Affairs (General).
HB 1364. By Representatives Walker of the 85th and Brown of the 88th:
A bill to amend Chapter 12 of Title 34 of the Official Code of Georgia Annotated, known as the "Amusement Ride Safety Act," so as to change the provisions re lating to liability insurance. Referred to Committee on Insurance.
HB 1395. By Representatives Colwell of the 4th, Greene of the 130th, Foster of the 6th, Cox of the 141st and Johnson of the 72nd:
A bill to amend Code Section 50-22-7 of the Official Code of Georgia Annotated, relating to exemptions from the requirements of Chapter 22 of Title 50 concern ing managerial control over acquisition of professional services, so as to exempt the State Properties Commission from the provisions of such chapter. Referred to Committee on Public Utilities.
HB 1479. By Representatives Oliver of the 53rd, Martin of the 26th, Pannell of the 122nd and Dunn of the 73rd:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, so as to make it unlawful to intimidate, impede, or obstruct or to endeavor to intimidate,

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obstruct, or impede certain judicial officers and other public officers in the carry ing out of their official duties or to injure such officers on such account. Referred to Committee on Public Safety.
HB 1501. By Representative McKinney of the 35th:
A bill to amend Chapter 41 of Title 36 of the Official Code of Georgia Annotated, relating to urban residential finance authorities for large municipalities, so as to change certain definitions. Referred to Committee on Urban and County Affairs (General).
HB 1502. By Representative McKinney of the 35th:
A bill to amend Code Section 36-42-8 of the Official Code of Georgia Annotated, relating to the powers of downtown development authorities generally, so as to authorize the making and execution of certain additional contracts, agreements, and other instruments. Referred to Committee on Urban and County Affairs (General).
HB 1513. By Representatives Greer of the 39th, Aiken of the 21st, Lane of the 27th and McKinney of the 35th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," so as to change which entities may enter into rapid transit contracts; to provide for transportation services contracts between the Authority and political subdivisions of the state and other entities and provide for condi tions and procedures relating thereto.
Referred to Committee on Urban and County Affairs.
HB 1590. By Representative Birdsong of the 104th:
A bill to amend Chapter 15 of Title 33 of the Official Code of Georgia Annotated, relating to fraternal benefit societies, so as to require any provision relating to the control of the exercise of rights under life benefit certificates to be set out under a separate caption and printed in boldface type.
Referred to Committee on Insurance.
HB 1638. By Representative McDonald of the 12th:
A bill to amend Code Section 45-18-30 of the Official Code of Georgia Annotated, relating to the definition of employee when used in connection with deferred compensation plans, so as to change the definition of employee. Referred to Committee on Industry and Labor.
HB 1674. By Representative Stephens of the 68th:
A bill to amend Article 2 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to purchase by counties at tax sales, so as to provide a date for the expiration of the redemption period for realty sold under tax execution before August 22, 1981. Referred to Committee on Judiciary.

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HR 588. By Representative Isakson of the 21st: A resolution compensating Ms. Angie Callaway in the sum of $383.95.
Referred to Committee on Appropriations.

HR 659. By Representatives Galer of the 97th, Watson of the 114th, Kilgore of the 42nd, Branch of the 137th, Porter of the 119th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of an Export Finance Fund from which funds shall be disbursed for a Georgia export finance program to provide loan guarantees, insurance, and coinsurance to support the export of goods, services, and agricultural commodities produced or grown primarily in Georgia by corporations or agricultural enterprises which are domiciled in Georgia.
Referred to Committee on Banking and Finance.

HB 1708. By Representative Stancil of the 66th: A bill to provide a new charter for the City of Mansfield.
Referred to Committee on Urban and County Affairs.

HB 1722. By Representative Thomas of the 69th:
A bill to amend an Act providing a new charter for the City of Villa Rica, so as to provide for the corporate limits of the City of Villa Rica.
Referred to Committee on Urban and County Affairs.

HB 1734. By Representatives Davis of the 45th, Morton of the 47th, Tolbert of the 58th and others:
A bill to amend an Act making provisions for the Magistrate Court of DeKalb County, so as to change the provisions relating to the compensation of the chief magistrate.
Referred to Committee on Urban and County Affairs.

HB 1735. By Representative Carrell of the 65th:
A bill to amend an Act creating the Walnutgrove-Water Authority, so as to change the name of the authority; to provide for the membership of the 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 Banking and Finance has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations.

HB 1160. Do pass by substitute. HB 1416. Do pass.

HB 1417. Do pass. HB 1418. Do pass.

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HB 1419. Do pass. HB 1435. Do pass.

HB 1536. Do pass.
Respectfully submitted, Senator Hudgins of the 15th 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 664. Do pass.
Respectfully submitted,
Senator Bryant of the 3rd District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 461. Do not pass. SB 462. Do pass. SB 573. Do pass by substitute.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:

SB 610. Do pass.

HB 1251. Do pass.

HB 776. Do pass by substitute. HB 1231. Do pass.

HB 1639. Do pass. HB 1670. Do pass.

Respectfully submitted,

Senator Deal of the 49th 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 24. HB 376. HB 382.

Do pass. Do pass by substitute. Do pass.

HB 896. HB 1025. HB 1046.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Timmons of the llth District, Chairman

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Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 495. Do pass by substitute.

HB 1392. Do pass.

HB 1302. Do pass.

HB 1425. Do pass.

HB 1391. Do pass.

SB 621. Do pass by substitute.

Respectfully submitted,

Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 645. Do pass.

HB 1677. Do pass.

HB 1359. Do pass.

HB 1697 Do pass .

HB 1511. Do pass by substitute.
HB 1652. Do pass. HB 1653. Do pass.

HB 1709. Do pass. HB 171 - Do pass.

HB 1654. Do pass.

HB 1713. 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 558. Do pass.

HB 1420. Do pass.

HB 1200. Do pass by substitute.

HB 1488. 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 398. By Senators Kidd of the 25th, Kennedy of the 4th, Gillis of the 20th and others:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from the requirements relative to certificate of need re view, so as to exempt certain clinical health services from the requirements rela tive to certificate of need review; to provide for related matters.

SB 575. By Senator Langford of the 35th:
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 that failure to comply with certain requirements regarding telephone solicitations of printed materials shall be deemed to be unfair or deceptive acts or practices; to provide for definitions.

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SB 631. By Senator Kidd of the 25th:
A bill to amend an Act creating county courts (now state court) in certain desig nated counties of this state, as amended, so as to change the compensation provi sions relating to the judge and the solicitor of the State Court of Baldwin County.
SB 637. By Senator Dean of the 31st:
A bill to amend Article 8 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to the Georgia allocation system for bonds, so as to change the definition of an exempt facility bond; to provide the period during which notices of allocation of the rural area pool shall be available; to provide for the transfer of available state ceilings from any share or pool to the flexible pool.
SR 350. By Senator Hine of the 52nd:
A resolution proposing an amendment to the Constitution so as to authorize the creation of an Indigent Care Trust Fund and authorize contributions thereto and appropriations therefrom to expand Medicaid coverage; to provide for the sub mission of this amendment for ratification or rejection.
SR 367. By Senator Brannon of the 51st:
A resolution authorizing the conveyance of certain state owned real property lo cated in Gordon County, Georgia; to provide an effective date.
SR 380. By Senators Phillips of the 9th, Turner of the 8th, Ragan of the 32nd and others:
A resolution directing the Georgia Department of Community Affairs to conduct a thorough study on the most appropriate methods of gathering information re garding local government bonded indebtedness.
HB 1217. By Representatives Childers of the 15th, Richardson of the 52nd, Selman of the 32nd and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to authorize the Division of Rehabilitation Services of the Department of Human Resources to establish a personal attendant care pro gram for disabled adults; to provide a short title.
HB 1234. By Representatives Watson of the 114th and Pettit of the 19th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission generally, so as to authorize the commission, in its discre tion, to deregulate or not provide a tariff on certain services of telecommunica tions companies.
HB 1303. By Representative Robinson of the 96th:
A bill to amend Code Section 36-62-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in Chapter 62 of Title 36, known as the "Development Authorities Law," so as to change the definition of the term "project"; to qualify a charitable corporation, association, or similar entity to fi nance the acquisition, construction, leasing, or financing of office buildings.
HB 1305. By Representatives Jackson of the 9th and Murphy of the 18th: A bill to amend Article 6 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the administration and enforcement of vehicle registration laws, so as to authorize state and county law enforcement officers and revenue

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agents and officers to go upon private property to seize certain license plates and renewal decals.
HB 1324. By Representatives Pannell of the 122nd, Richardson of the 52nd, Steinberg of the 46th and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to supersede, modernize, and amend the laws relating to charitable organizations, charitable solicitations, professional fund raisers, and professional solicitors.
HB 1347. By Representatives Bishop of the 94th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others:
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 so as to change the locations and type of functions at which alcoholic beverages may be sold at Stone Mountain.
HB 1365. By Representatives Colwell of the 4th, Jackson of the 9th, Johnson of the 72nd and Foster of the 6th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, so as to provide that certain state authorities may not sell real property without the prior approval of the General Assembly.
HB 1382. By Representatives Alford of the 57th, Oliver of the 53rd, Richardson of the 52nd and Williams of the 48th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to authorize the tax commissioner of each county to require certain private per sons processing applications for motor vehicle registration to give annual per formance bonds.
HB 1386. By Representatives Ray of the 98th, Edwards of the 112th, Pinkston of the 100th, Adams of the 79th and Smith of the 156th:
A bill to amend Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administrations of estates in general, so as to specify provisions governing territorial jurisdiction of probate courts over the estates of decedents; to provide for the determination of residence of decedents who were under the care of a nursing home or similar facility.
HB 1406. By Representatives Steinberg of the 46th, Buck of the 95th, Chambless of the 133rd, Ramsey of the 3rd, Oliver of the 53rd and Mueller of the 126th:
A bill to amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to granting of protective orders and approval of consent agreements, so as to provide that the court issuing any protective order may order the sheriff, any deputy sheriff, or any other state, county, or municipal law enforcement of ficer or official to enforce or carry out such order.
HB 1429. By Representative Thomas of the 69th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to repeal the provisions relating to records of sex criminal convictions and furnishing records to the Geor gia Bureau of Investigation.

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HB 1540. By Representatives Smith of the 152nd, Crosby of the 150th, Dixon of the 151st, Moore of the 139th, Moody of the 153rd and others:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change the terms of court for the superior courts of the Waycross Judicial Circuit.

HB 1558. By Representatives McDonald of the 12th, Stancil of the 66th and Pettit of the 19th:
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 farm wineries shall be authorized to sell wine dur ing certain hours on Sunday.

HR 578. By Representatives Colwell of the 4th, McCoy of the 1st, Foster of the 6th and Snow of the 1st:
A resolution authorizing the conveyance of certain state owned property located in Hamilton County, Tennessee, to Hamilton County, Tennessee, and the City of Chattanooga, Tennessee (a portion of which is subject to a lease with the Norfolk Southern Railway Company).

HR 585. By Representative Langford of the 7th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Gordon County, Georgia, to Mr. Clifford W. Smith.

HR 591. By Representatives Colwell of the 4th, Jackson of the 9th, Johnson of the 72nd and Foster of the 6th:
A resolution authorizing the leasing of certain state owned property located in the City of Atlanta, Fulton County, Georgia.

HR 627. By Representative Pettit of the 19th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Bartow County, Georgia.

HR 653. By Representatives Foster of the 6th, Griffin of the 6th and Ramsey of the 3rd:
A resolution authorizing the release of certain restrictions and limitations on use of real property contained in the October 3, 1985, quitclaim deed from the State of Georgia to the City of Dalton, Georgia.

HR 702. By Representative Langford of the 7th:
A resolution authorizing the leasing of certain state owned property located in Gordon County.

The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton

Coleman Coverdell Crumbley Dawkins Dean Echols Edge English Engram

Fincher Foster Gillis Harris Harrison Hine Hudgins Huggins Johnson

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Kennedy Kidd Land McGill Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake

Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not answering were Senators:

Broun Deal Garner

Howard Langford McKenzie

Scott of 36th Tate (excused)

Senator Olmstead of the 26th introduced the chaplain of the day, Dr. Alvin L. Hudson, pastor of Tremont Temple Baptist Church, Macon, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 401. By Senator Burton of the 5th: A resolution commending Mr. Ion Ivan and his family.

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Thursday, February 18, 1988 TWENTY-EIGHTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 645 Barnes, 33rd Harrison, 37th Ragan, 32nd Newbill, 56th Cobb County
Clarifies the purpose of this Act; changes a definition and adds additional definitions; provides for the life of the district and for procedures to extend the life of the district; provides for a tax cap; repeals conflicting laws.

HB 1359 Peevy, 48th Barrow County
Changes the description of the commissioner districts.

*HB 1511

Engram, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Coverdell, 40th Newbill, 56th Fulton County
Provides an exemption for the full value of the homestead from all ad

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valorem taxes levied for county government purposes for each resident of county who is 70 years of age or over or disabled if the resident's gross in come together with the gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act. (Substi tute)
HB 1652 Peevy, 48th City of Dacula Gwinnett County
Provides for a homestead exemption from municipal ad valorem taxes, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of the city actually occupied by the owner as a residence and homestead.
HB 1653 Peevy, 48th City of Lawrenceville Gwinnett County
Provides for a homestead exemption from municipal ad valorem taxes, except taxes levied to retire bonded indebtedness which applies to the homestead of each resident of the city actually occupied by the owner as a residence and homestead.
HB 1654 Peevy, 48th Barrow County
Provides that each resident of Barrow 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 $15,000.00 per annum shall be granted an exemption from all county school district taxes not exceeding $15,000.00 of the assessed value of such person's home stead.
HB 1677 Timmons, llth Miller County
Authorizes the governing authority of county to appoint a qualified assistant district attorney of the Pataula Judicial Circuit to serve as solicitor of State Court.
HB 1697 McGill, 24th Wilkes County
Provides an annual salary for the Wilkes County coroner; changes the salary of the coroner.
HB 1709 Bowen, 13th Ben Hill County
Creates the Ben Hill County Public School System by merging and consoli dating the county school system of Ben Hill County and the independent school system of the City of Fitzgerald; creates the Board of Education for the Ben Hill County Public School System.
HB 1710 Bowen, 13th Worth County
Changes the salary of the judge of State Court of county.

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HB 1713 Gillis, 20th Montgomery County
Provides for the appointment of the Chief Magistrate of Court of Montgom ery County by the governing authority of county.
The substitute to the following bill was put upon its adoption:
*HB 1511:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1511:
A BILL
To be entitled an Act to provide an exemption for the full value of the homestead from all ad valorem taxes levied for Fulton County government purposes, including ad valorem taxes levied to pay interest on and retire bonded indebtedness of the Fulton County govern ment, for each resident of Fulton County who is 70 years of age or over or disabled if the resident's gross income together with the gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act; to provide for other matters relative to the foregoing; to repeal specific laws; to provide for a referendum; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) Each resident of Fulton County who is 70 years of age or over or disabled is granted an exemption from all ad valorem taxes levied for county government purposes, including ad valorem taxes levied to pay interest on and retire bonded indebtedness of the county government, for the full value of the homestead owned and occupied by such resi dent if such resident's adjusted gross income, together with the adjusted gross income of the resident's spouse who also resides at such homestead, does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. As used in this subsection, the term "adjusted gross income" shall have the same meaning as defined in the United States Internal Revenue Code of 1986, except that for the purposes of this subsection the term shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Se curity Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an indi vidual's spouse under the federal Social Security Act. The homestead exemption provided for in this Act shall not apply to any state ad valorem taxes or to any ad valorem taxes levied for the Fulton County School District.
(b) In order to qualify for the exemption provided for in subsection (a) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not less than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent.
(c) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Fulton County giving the person's age, or if disabled, the certificate or certificates re quired by subsection (b) of this section, and the amount of income which the person and the person's spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving such exemption as will enable the tax commis sioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.

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(d) Applications for the homestead exemption provided for by this section shall be processed in the same manner as other applications for homestead exemptions, and the pro visions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto. After a person has filed the proper affida vit and certificate or certificates, if disabled, as provided in subsections (b) and (c) of this section, it shall not be necessary to make application and file the said affidavit and certifi cate thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the tax commissioner in the event such person becomes ineligible for any reason to receive the homestead exemption granted by this section.

(e) The homestead exemption granted by this section shall be cumulative of any other homestead exemption applicable to Fulton County ad valorem taxes. The homestead ex emption granted by this section shall apply to all taxable years beginning after December 31, 1988.

Section 2. The following Acts are repealed in their entirety:

(1) An Act relating to a homestead exemption from Fulton County government ad valorem taxes, approved March 20, 1986 (Ga. L. 1986, p. 4362); and

(2) An Act relating to a homestead exemption from Fulton County government ad valorem taxes, approved March 19, 1987 (Ga. L. 1987, p. 4132).

Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Fulton County for approval or rejection. The election superintendent shall conduct that election on the same date as the November, 1988, general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act be approved which provides an exemption for the full value of the homestead from all ad valorem taxes levied for Fulton County government purposes, including ad valorem taxes levied to pay interest on and retire bonded indebtedness of the Fulton County government, for each resi dent of Fulton County who is 70 years of age or over or disabled if the resident's gross income, together with the gross income of the spouse resid ing at the same homestead, does not exceed the amount which may be re ceived by a person and a person's spouse under the federal Social Security Act?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed immediately following that election date.
The expense of such election shall be borne by Fulton County. It shall be the superin tendent's duty to certify the result thereof to the Secretary of State.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

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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 Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd

McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 32nd Scott of 2nd Starr Stumbaugh Turner Tysinger Walker

Those not voting were Senators:

Barker Barnes Garner Johnson Land

Langford Ragan of 10th Ray Scott of 36th

Shumake Tate (excused) Taylor Timmons

On the passage of all the local bills, the yeas were 43, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 1511, having received the requisite constitutional majority, were passed.

HB 1511, having received the requisite constitutional majority, was passed by substitute.

SENATE RULES CALENDAR
Thursday, February 18, 1988
TWENTY-EIGHTH LEGISLATIVE DAY
SB 625 Certain Municipal Officers--terms of office (Substitute) (Gov Op--2nd) (Pursuant to Senate Rule 143, final passage of the bill was suspended.)
SB 638 Local School System Personnel--grievance procedures (Substitute) (Ed--49th) SB 549 Child in Custody of Both Parents--grandparent visitation (C&Y--28th) SB 635 Captive Insurance Companies--establish, regulate (Amendment) (Ins--55th) HB 751 Seat Belts--required for certain persons, certain vehicles (Trans--1st) SB 588 Quality Basic Education Program Task Force--change provisions (Substitute)
(Ed--50th) SB 612 Child's Right to Select Parent--change to 13 years of age (C&Y--51st) SB 604 Group Insurance--coverage for heart transplants (Amendment) (Ins--37th) HB 719 Sheriffs' Retirement Fund--allocation of fines from civil cases (Ret--llth) SB 410 Merit System Employee--no dismissal for refusing polygraph (Substitute)
(Gov Op--25th)

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997

HB 1335 Nonprofit Associations Conducting Safety or Sports Programs--limit liability (S Judy--48th)
SB 596 Zoning Proposal--conditions for % vote to approve (Substitute) (Gov Op--56th) SR 382 Peace Officers Standards and Training Council--urge include family violence
(Pub S--34th)
SR 383 Police Academy--urge domestic violence training (Pub S--34th) SR 298 Education Profession--encourage code of ethics (Ed--50th)
HB 1468 All-Terrain Vehicles on Public Road--unlawful (Substitute) (Trans--33rd)
SB 626 Board of Commissioners, Counties Over 550,000--additional compensation (Gov Op--56th)
HB 1467 Drivers' Licenses--judge notify Department of Public Safety of certain convic tions (Judy--49th)
HB 1675 County Surveyors--application of certain qualifications (Gov Op--25th)
SB 609 Public Service Commission--establish office of executive director (Pub U--2nd) HB 1321 Teachers Retirement System--redefine teacher (Ret--44th)
HB 1436 Firefighter--misdemeanor to hinder in performance (Pub S--28th)
SR 363 College Faculty--instruct periodically in public schools (Amendment) (H Ed--16th)
HB 1326 Qualifying Fees Paid to Political Parties--distribution (Gov Op--25th) HB 1470 All-Terrain Vehicles--define (Trans--33rd)
Respectfully submitted,
/s/ Nathan Dean Dean of the 31st, Chairman Senate Rules Committee

The following general bill of the Senate, having been read the third time and final ac tion suspended on February 17, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was put upon its passage:

SB 625. By Senator Scott of the 2nd:
A bill to amend Article 3 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to dates of primaries and elections and terms of offices, so as to change certain provisions relating to terms of office of municipal officers elected in 1990; to provide for the extension of the terms of office of certain mu nicipal officers elected in 1986.

The substitute to SB 625 offered by Senator Scott of the 2nd on February 17, as it appears in the Journal of February 17, was automatically reconsidered and put upon its adoption.

On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert

Allgood

Baldwin

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Bowen Brannon
Broun Bryant Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Engrain Foster Gillis Harris Harrison Howard Hudgins Huggins Johnson Kennedy Kidd McGill

McKenzie Newbill Olmstead Peevy Perry Ragan of 10th Scott of 2nd Starr Stumbaugh Taylor Turner Tysinger

Those voting in the negative were Senators:

Burton

Phillips

Ragan of 32nd

Those not voting were Senators:

Barker Barnes Fincher Garner Hine

Land Langford Ray Scott of 36th

Shumake Tate (excused) Timmons Walker

On the passage of the bill, the yeas were 40, nays 3.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 638. By Senators Deal of the 49th and Tate of the 38th:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for grievance procedures for certificated personnel of local school systems; to provide a statement of purpose; to define a term; to provide minimum standards for grievance procedures implemented by local boards of education.

The Senate Committee on Education offered the following substitute to SB 638:

A BILL
To be entitled an Act to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for grievance procedures for certificated personnel of local school systems; to provide a state ment of purpose; to define a term; to provide minimum standards for grievance procedures implemented by local boards of education; to allow the adoption of supplemental rules and policies by local boards of education; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, is amended by adding immediately follow ing Part 10, relating to professional standards, a new Part 11 to read as follows:

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999

"Part 11
20-2-989.1. This part shall be known and may be cited as the 'Georgia Grievance Proce dures Act.'
20-2-989.2. The purpose of this part is to provide minimum standards for grievance procedures for certificated personnel so that local boards of education in Georgia and their employees may resolve problems which arise between them within the scope of the employ ment relationship so that good morale may be maintained, effective job performance may be enhanced, and the citizens of the community, particularly the children of Georgia, may be better served. These procedures require local boards of education to implement a simple, expeditious, and fair process for resolving problems at the lowest administrative level and shall be construed to effectuate this purpose.
20-2-989.3. (a) For the purposes of this article, 'grievance' means any claim by an af fected certificated employee of any local board of education alleging a violation, misapplica tion, or misinterpretation of the statutes, policies, rules, regulations, or written agreements under which such certificated employee works, any specifically identified incident of dis crimination, harassment, or favoritism, or job performance, or the health and safety of stu dents or employees.
(b) The termination, nonrenewal, demotion, or suspension of any employee, as set forth in Part 7 of Article 17 of this chapter and the revocation, suspension, or denial of certificates of any employee, as set forth in Code Section 20-2-790 of this chapter, shall not be the subject of any grievance filed under this part.
20-2-989.4. Each local board of education, as defined in paragraph (1) of subsection (a) of Code Section 20-2-942, shall promulgate written policies and procedures providing for a grievance procedure for all certificated personnel employed by the board. At a minimum, the grievance procedure shall provide:
(1) That no reprisals of any kind shall be taken by the local board of education, the superintendent, or any member of the school system administration, against any employee filing a grievance under the local board policies or this Code section. Reprisals shall be con sidered unprofessional conduct and any evidence of reprisal shall be referred to and investi gated by the Professional Practices Commission;
(2) A method and time frame for filing grievances and appeals, including successive levels of appeal from the grievant's immediate supervisor to system superintendent to the local board of education;
(3) The manner in which notice of the initial hearing and appeals shall be given;
(4) That the grievant shall be entitled to an opportunity to be heard, to present rele vant evidence, and to examine witnesses;
(5) For the recording and preservation of all evidence;
(6) That the grievant is entitled to the presence of any person or persons of his or her own choosing to assist in the presentation of the grievance at the superintendent or local board of education level. Should the board of education or superintendent have an attorney or representative present at any prior level, the grievant shall be entitled to a representative of his or her own choice;
(7) That the grievant has an opportunity to present additional evidence at each level of the grievance process, provided that such evidence is relevant to the issues presented at the initial hearing;
(8) That each decision be reduced to writing and dated. Each decision shall contain findings of fact and set forth the specific reasons for the particular resolution reached. The decision reached at each grievance level shall be sent by certified mail to the grievant within ten days of the hearing at such level;

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(9) That all grievance forms and reports shall be kept in a file separate from the person nel file of the employee and shall remain confidential; and
(10) That costs incurred from a mechanical recording and transcription at each griev ance level shall be shared equally by the parties. All other costs and fees shall be borne by the party incurring them.
20-2-989.5. Nothing in this part shall be construed to prevent a local board of education from adopting supplemental rules and policies that grant additional substantive and proce dural rights not inconsistent with this part to its employees."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Land of the 16th offered the following amendment: Amend the substitute to SB 638 offered by the Senate Committee on Education by striking on line 17, page 3, the words "any person or" and inserting in their place the words "no more than two".

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon

English Engrain Fincher Foster Gillis Harris

^Cou,lretomnan Crumbley Dawkins
Deal Dean Echols
Edge

H"uT dgms Huggins Johnson
Kennedy Kidd Land
McGill

Newbill Olmstead Peevy Perry Phillips R of loth
Raganof32nd
S,, cott of 2nd btarr Stumbaugh
Taylor Turner Tysinger Walker

Those not voting were Senators:

Barnes Bryant Coverdell Garner

Harrison Langford McKenzie Ray

Scott of 36th Shumake Tate (excused) Timmons

On the passage of the bill, the yeas were 44, nays 0.

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1001

The bill, having received the requisite constitutional majority, was passed by substitute.
SB 549. By Senators Edge of the 28th, Tysinger of the 41st, Crumbley of the 17th and others:
A bill to amend Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to the visitation rights of grandparents generally, so as to allow a grand parent to file an original pleading to obtain visitation rights to a minor child in the custody of both parents; to provide limitations on the filing of such plead ings; to provide for petitions for revocation or amendment of such visitation rights.
Senators Peevy of the 48th, Edge of the 28th and Deal of the 49th offered the following substitute to SB 549:
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 general provisions regarding parent and child relationship generally, so as to change certain provisions relating to visitation rights of grandparents generally; to provide for a definition; to allow a grandparent to file an original pleading to obtain visitation rights to a minor child in the custody of both parents; to provide limita tions on the filing of such pleadings; to provide for petitions for revocation or amendment of such visitation rights; to provide limitations on the filing of such petitions; to change certain internal cross references; 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 general provisions regarding parent and child relationship generally, is amended by striking Code Section 19-7-3, relating to visitation rights of grandparents generally, and inserting in its place a new Code Section 19-7-3 to read as follows:
"19-7-3. (a) As used in this Code section, the term 'special circumstances' means those circumstances that occur through no fault of the petitioner, are not the result of time or distance, are unique to the health and welfare of the child at issue, and clearly demonstrate, as shown by the evidence, that the visitation rights provided for in this subsection are in the best interest of the child to the extent that it is better for such child to be the subject of a visitation order of the court under this subsection.
(b) Whenever any court in this state has before it any question concerning the guardi anship of any minor child or whenever one parent dies or whenever one parent dies and the survivor remarries, regardless of whether the minor child is adopted by its stepmother or stepfather, or whenever any court has terminated the parental rights of one of the natural parents of the minor child, the court may, in its discretion pursuant to subsection (c) of this Code section, grant reasonable visitation rights to the maternal and paternal grandparents of the child. Any Court granting such rights may issue its necessary order to enforce the grant.
(c) (1) Any grandparent shall have the right to intervene in an action involving the guardianship of any minor child to obtain visitation rights to the minor child.
(2) The parent of the minor child's parent who has died shall have the right to file an original pleading, but not more than once during any two-year period, to obtain visitation rights to the minor child.
(3) The parent of the minor child's parent whose parental rights have been terminated shall have the right to file an original pleading, but not more than once during any two-year period, to obtain visitation rights to the minor child.
(d) Whenever any court in this state shall have before it any question concerning the custody of any minor child or whenever the parents of the minor child have been divorced

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or are engaged in legal proceedings to obtain a divorce, any grandparent of the child may be granted reasonable visitation rights upon proof of special circumstances which make such visitation rights necessary to the best interests of the child. There shall be no presumption in favor of visitation by any grandparent; and the court shall have discretion to deny such visitation rights. Any grandparent shall have the right to intervene and petition for visita tion rights in any action involving the custody of any minor child or in any divorce action. If the parents of the minor child have been divorced or if custody of the minor child has been granted in any other action, except an adoption in which all legal relationships between the adopted child and the adopted child's relatives have been terminated as provided in Code Section 19-8-14, a parent of either parent of the minor child shall have the right to file an original pleading requesting visitation rights, but not more than once during any two-year period and not during any year in which another custody action has been filed concerning the child. After visitation rights have been granted to any grandparent, the legal custodian or guardian of the person of the child may petition the court for revocation or amendment of such visitation rights, for good cause shown, which the court, in its discretion, may grant or deny; but such a petition shall not be filed more than once in any two-year period.
(e) In cases where a minor child remains in the custody of both parents and no question of custody or guardianship of the child is before any court in this state and no divorce proceedings are pending between the parents of the child, a parent of either parent of the minor child shall have the right to file an original pleading, but not more than once during any two-year period, to obtain visitation rights to the minor child. The court may, in its discretion, grant reasonable visitation rights to the maternal and paternal grandparents of the child upon proof of special circumstances which make such visitation rights necessary to the best interests of the child. Any court granting such rights may issue its necessary order to enforce the grant. After visitation rights have been granted to any grandparent, the par ents of the child as legal custodians may petition the court for revocation or amendment of such visitation rights, for good cause shown, which the court, in its discretion, may grant or deny; but such a petition shall not be filed more than once in any two-year period."
Section 2. 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 President announced that, pursuant to Senate Rule 143, consideration of the sub stitute and bill would be suspended and placed on the Senate General Calendar.
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.
SB 635. By Senator Stumbaugh of the 55th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide for the establishment and regulation of captive insurance companies; to provide for legislative intent; to define certain terms; to authorize the transaction of certain kinds of insurance by captive insur ance companies.
The Senate Committee on Insurance offered the following amendment to SB 635:
Amend SB 635 by striking the word "or" on line 18 of page 4 and inserting in its place the word "and".
By adding on line 15 of page 5, after the word "insureds" and before the word "and", the following:
"and their affiliates".
By striking line 32 of page 7 and inserting in lieu thereof the following:
"the industrial insureds, and their affiliates, that".

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1003

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Echols Edge

English Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Land McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Dean Engram

Fincher Garner Kennedy (presiding)

Langford Tate (excused)

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The President resumed the Chair.

HB 751. By Representatives Lane of the 27th and Bostick of the 138th:
A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to certain required equipment on vehicles, so as to require certain persons in certain vehicles to use seat belts.
Senate Sponsor: Senator Coleman of the 1st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Broun

Bryant Burton Coleman Coverdell Crumbley

Dawkins Deal Dean Echols Edge

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English Engram Foster Gillis Harris Harrison Hine Howard Hudgins

Huggins Kidd Land McGill McKenzie Newbill Olmstead Perry Phillips

Ragan of 10th Ragan of 32nd Ray Scott of 2nd Stumbaugh Taylor Turner Tysinger Walker

Those voting in the negative were Senators:

Baldwin Bowen Brannon

Johnson Kennedy Peevy

Shumake Starr Timmons

Those not voting were Senators:

Fincher Garner

Langford Scott of 36th

Tate (excused)

On the passage of the bill, the yeas were 42, nays 9.

The bill, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1499. By Representative McKinney of the 35th:
A bill to amend Code Section 8-3-13 of the Official Code of Georgia Annotated, relating to cooperation and joint operation of housing authorities, so as to au thorize certain cooperation and joint operation between housing authorities and urban residential finance authorities.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 588. By Senators Foster of the 50th, Barnes of the 33rd, Deal of the 49th and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to change the provisions relating to the comprehensive evaluation of public schools and school systems; to change the provisions relating to the Quality Basic Education Pro gram task force; to provide for other matters relative to the foregoing.

The Senate Committee on Education offered the following substitute to SB 588:

A BILL
To be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to change the provi-

THURSDAY, FEBRUARY 18, 1988

1005

sions relating to the comprehensive evaluation of public schools and school systems; to change the provisions relating to the Quality Basic Education Program task force; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," is amended by adding at the end of subsection (a) of Code Section 20-2-282, relating to the comprehensive evaluation of public schools and school systems, a new paragraph (3) to read as follows:
"(3) The state board shall publish in the legal organ of the county where the local school system is located the result of the comprehensive evaluations, including a summary of any deficiencies and recommendations for addressing said deficiencies. The State School Superintendent shall annually report to the Governor and the General Assembly concerning the results of all state-wide assessments of student achievement; the status of each public school, local school system, and regional educational service agency; and the progress each nonstandard unit has made toward addressing identified deficiencies. Copies of such reports shall be made available upon request. The State School Superintendent shall be authorized to require local school superintendents and directors of regional educational service agencies to provide such reports as deemed necessary for the effective operation of public education in this state. The State School Superintendent shall compile an annual report in which shall be presented a statement of the condition and amount of all funds and property appropri ated for the purpose of public education, a statement of the average cost per student of instruction in the state's public schools, and a statement of the number of children of school age in the state, with as much accuracy as possible. Such report shall be kept in the State School Superintendent's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request."
Section 2. Said article is further amended by striking subsection (d) of Code Section 202-282, relating to the comprehensive evaluation of public schools and school systems, in its entirety and substituting in lieu thereof a new subsection (d) to read as follows:
"(d) Each local school system shall annually inform the citizens residing within its area and the State Superintendent of Schools concerning the collective achievement of enrolled students by school and system, costs of providing educational programs and services by system, and such other items as deemed necessary by the State Board of Education in the manner prescribed by the state board. The state board shall publish annual profiles of all public schools and local school systems in the state. A subcommittee of the task force estab lished pursuant to subsection (a) of Code Section 20-2-320 made up of six members, one each representing the Governor's office, the House Research Office, the Senate Research Office, the Office of Planning and Budget, local school systems, and the Department of Edu cation, shall recommend information to be included in the profiles. Such recommendations shall be submitted by the task force to the state board. Profiles shall include, but shall not be limited to, information on: student achievement, which may include information related to test results, failure rates, and achievement of special honors or awards; student outcomes, which may include dropout rates and numbers, postsecondary enrollment rates, and partici pation in developmental studies programs; demographic factors in the student body, public school, and local school system, which may include socioeconomic or other appropriate de mographic variables; financial and budget statistics, which may include costs per student, expenditures by program, and public school and local school system percentages of federal, state, and local funding, and aggregate and average salary information; faculty, administra tion, and employees, which may include faculty and administrator qualifications, assign ments, experience, and certification; and curriculum and program offerings, which may in clude information on enrollment in grades, grade levels, courses, schools, and programs. The state board shall publish the profiles in such a manner as to facilitate comparisons between demographically similar public schools and local school systems. The first profiles shall be published no later than December 31, 1989, and annually thereafter, subject to appropria-

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tion by the General Assembly for this purpose. Data used in the profiles shall be collected through the state-wide comprehensive educational information network established pursu ant to Code Section 20-2-320; provided, however, that prior to completion of the network the state board shall have the authority to specify data items which are to be collected by other means. The state board shall ensure that this information is as accurate as possible. The task force subcommittee shall recommend data which are, at minimum, to be included in the profiles prior to completion of the network. In no event shall the state board require data to be collected, for the purpose of the profiles created under this Code section, prior to the completion of the state-wide comprehensive educational information network. The State School Superintendent shall also produce a state profile which shall be a summary of the local school system profiles and a comparison of demographically similar public schools and local school systems. All profiles shall be kept at the Department of Education and shall be available for public inspection during regular business hours. Copies of the profiles or por tions thereof shall be made available by the Department of Education to the public on re quest, subject to payment of an appropriate fee to cover the expense of publishing and distributing the profiles. The state board shall provide free of charge to each local school system and each public school within the system a current copy of the state profile and the system's profile, including all school profiles within that system. A complete current set of the state profile and all school and system profiles shall be provided by the state board free of charge to each public library in the state, to the Office of the Governor, and to the House and Senate research offices. Each local school system shall maintain a current copy of its system profile in the central office and in each school for public inspection and shall provide a copy of the profile to all news media organizations which publish or broadcast within its area. Each local school system shall also make copies of its school and system profiles availa ble to the public on request, subject to payment of a fee similar to that charged by the Department of Education. Each public library shall make available for public inspection current copies of all school and system profiles."
Section 3. Said article is further amended by striking Code Section 20-2-320, relating to the Quality Basic Education Program task force, in its entirety and substituting in lieu thereof a new Code Section 20-2-320 to read as follows:
"20-2-320. (a) The Governor shall appoint a task force composed of representatives from the Department of Education, the State Board of Postsecondary Vocational Educa tion, the Office of the Governor, the Office of Planning and Budget, the Department of Audits, the Department of Administrative Services, local education entities, the Professional Standards Commission, the House Research Office, the Senate Research Office, and the Leg islative Budget Office to identify the specific data required to implement the Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effective ness of the various components of public education in Georgia. The task force is directed to identify any other data which will be required from local units of administration, public libraries, and postsecondary area vocational-technical schools for the implementation of this article and to design a state-wide comprehensive educational information network which will provide for the accurate and timely flow of information from these agencies to the state. The State Board of Education shall adopt an operational plan and data specifications for the network. Data shall include, at minimum, items specifically identified for profiles re quired pursuant to subsection (d) of Code Section 20-2-282. The task force shall adopt a statement recommending data which would, at minimum, be regularly collected for storage at the state network host facility and data which would be stored at local units of adminis tration or at public schools. Data which are not normally stored by the network host shall be maintained in a manner which can be readily transmitted by electronic medium upon re quest from authorized educational agencies. The task force shall adopt a statement recom mending the frequency by which each data component is transmitted. Such data shall be transmitted by electronic medium no later than the completion date of the network as pro vided in subsection (f) of this Code section.
(b) The State Board of Education shall develop and maintain an individual data record for each student enrolled in the public schools of the state. The Board of Postsecondary

THURSDAY, FEBRUARY 18, 1988

1007

Vocational Education shall develop and maintain an individual data record for each student enrolled in the postsecondary vocational schools of the state. The task force shall adopt a statement recommending the specific data to be included and recommending those elements of the individual student record which are to be normally stored at the state, local unit of administration, or school level. Specifications for adequate security of student data shall be recommended by the task force, and the State Board of Education and the State Board of Postsecondary Vocational Education shall adopt and maintain systems of adequate security for individual student information. No student shall be identifiable by name in that portion of the record stored at the state level, and any identification number shall be encoded to prevent unauthorized use of a student's information; provided, however, that full-time equivalent student data collected pursuant to Code Section 20-2-160 shall be identifiable for audit purposes in separate files.
(c) For the purpose of this article, authorized educational agencies shall be the Depart ment of Education; the Professional Standards Commission; the Board of Regents of the University System of Georgia; the State Board of Postsecondary Vocational Education; and the educational policy and research components of the office of the Governor, the Office of Planning and Budget, the Legislative Budget Office, the House Research Office, and the Senate Research Office. Any information collected over the state-wide comprehensive educa tional information network, including individual student record and individual personnel record information retrieved by the Department of Education or Board of Postsecondary Vocational Education shall be accessible by authorized educational agencies; provided, that any information which is planned for collection over the network but which is temporarily being collected by other means shall also be accessible by authorized educational agencies; provided, further, that adequate security provisions are employed to protect the privacy of individuals. In no case shall information be released by an authorized educational agency which would violate the privacy rights of any individual student or employee. The task force shall develop and adopt recommendations for procedures by which live data files resident on the network host shall be copied to other files and regularly updated for use by authorized educational agencies. The Department of Education and the State Board of Postsecondary Vocational Education shall adopt and implement procedures and schedules for updating such user files and shall provide warning labels where necessary to indicate data which are incomplete or unverified for accuracy. The Department of Education and the State Board of Postsecondary Vocational Education shall adopt monitoring, editing, and verifying mecha nisms necessary to assure the accuracy and completeness of data. Any information collected over the state-wide comprehensive educational information network which is not stored in an individual student or personnel record format shall be made available to the Governor and the House and Senate Appropriations and Education committees, except information otherwise prohibited by statute. Data which are included in an individual student record or individual personnel record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees of the General Assem bly, and agencies other than authorized educational agencies.
(d) The task force shall further develop specifications for hardware and software acqui sition for administrative uses. Such specifications shall be follwed by the State Board of Education, the State Board of Postsecondary Vocational Education, local units of adminis tration, public libraries, and postsecondary area vocational-technical schools. In local school systems, specific hardware and software shall be designated for use at the school level and shall be considered components of the fully completed network, subject to appropriation by the General Assembly for this purpose. It is declared to be the intent of this Code section that hardware and software used in the state-wide comprehensive educational information network comprise a level of uniformity sufficient to enable unimpeded flow of data. The state board shall request sufficient funds annually for the development, operation, training of appropriate personnel, and maintenance of the network, including any funding needed for hardware and software for the Department of Education, the State Board of Postsecon dary Vocational Education, local units of administration, public schools, public libraries, and postsecondary area vocational-technical schools.

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(e) The task force shall develop a timetable for implementation of the state-wide com prehensive educational information network and shall submit a report semiannually to the Governor and to the House and Senate Education and Appropriations committees detailing progress toward completion of the network. The task force shall also submit its timetable and notice of all formal actions and recommendations to the State Board of Education. The state board shall address all recommendations submitted by the task force. A separate com plete report on progress toward completion of the network shall be submitted semiannually, prior to January 1 and July 1, to the Governor and to the House and Senate Education and Appropriations committees by the Department of Education. This report shall identify any differences between state board actions or policies and corresponding task force recommen dations, shall provide an explanation for such differences, and shall explain any decision to take no action on a specific task force recommendation.
(f) The state-wide comprehensive educational information network shall be fully com pleted by July 1, 1991, subject to appropriation by the General Assembly for this purpose; provided, however, that the task force shall have the authority to specify components which, in its judgment, cannot be completed until July 1, 1992. Only during the period prior to final completion of the network, the state board shall be authorized to specify data which may be transmitted by tape or disk from local school systems which are capable of providing required data in such formats. During the phased implementation of the network, highest priority shall be given to the electronic transmission of complete full-time equivalent counts, the uniform budgeting and accounting system, and complete salary data for each local school system."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Foster Gillis Harris Harrison Hine Howard
" udS.ins Hu&Slns Johnson
Kidd Land McGill McKenzie Newbill

Olmstead Peevy Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th
Shumake Starr Stumbaugh
Taylor Timmons Turner Tysinger Walker

Voting in the negative was Senator Perry.

THURSDAY, FEBRUARY 18, 1988

1009

Those not voting were Senators:

Coleman Fincher

Garner Kennedy (presiding)

Langford Tate (excused)

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

The President resumed the Chair.

Senator Dean of the 31st introduced the 1987 Teacher of the Year, Jean Carolyn Wil liams, who was commended by SR 342, adopted previously.
The following bill of the House was read the first time and referred to committee:

HB 1499. By Representative McKinney of the 35th:
A bill to amend Code Section 8-3-13 of the Official Code of Georgia Annotated, relating to cooperation and joint operation of housing authorities, so as to au thorize certain cooperation and joint operation between housing authorities and urban residential finance authorities.
Referred to Committee on Urban and County Affairs (General).

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 612. By Senators Brannon of the 51st, Harrison of the 37th, Kidd of the 25th and Huggins of the 53rd:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions concerning child custody proceedings, so as to change the age at which a child shall have the right to select the parent with whom he or she desires to live.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Bowen Brannon Broun Coleman Coverdell Crumbley Drjaewankms
Echois
English
Foster
Gillis
Harrison

Hine Howard Huggins Johnson Kennedy Kidd L. and,
McGi11
Newbill
Olmstead
Peevy
Perry

Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr S_ tumb, augh,
Tay'r
Timmons
Turner
Tysinger
Walker

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Albert Baldwin Barker Barnes

Burton Deal Edge Engram

Harris Hudgins McKenzie Phillips

Those not voting were Senators:

Allgood Bryant Fincher

Garner Langford

Shumake Tate (excused)

On the passage of the bill, the yeas were 37, nays 12.

The bill, having received the requisite constitutional majority, was passed.

SB 604. By Senator Harrison of the 37th:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, and Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group accident and sick ness insurance, so as to require coverage for human heart transplants and related expenses to be offered as part of or as an optional endorsement to individual or group benefit plans, policies, or contracts of accident and sickness insurance.

The Senate Committee on Insurance offered the following amendment: Amend SB 604 by striking on lines 9 and 10 of page 4 the following: "the treatment of mental disorders", and inserting in lieu thereof the following: "human heart transplants".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Broun Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge Engram

Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land McGill Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Taylor Timmons Turner Tysinger Walker

THURSDAY, FEBRUARY 18, 1988

1011

Those not voting were Senators:

Allgood Barker Brannon Bryant

English Fincher Garner Langford

McKenzie Stumbaugh Tate (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.

Senator Coleman of the 1st moved that the following bill of the House, having been passed previously today, be immediately transmitted to the House:

HB 751. By Representatives Lane of the 27th and Bostick of the 138th:
A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to certain required equipment on vehicles, so as to require certain persons in certain vehicles to use seat belts.

On the motion, the yeas were 36, nays 2; the motion prevailed, and HB 751 was imme diately transmitted to the House.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 719. By Representative Parrish of the 109th:
A bill to amend Code Section 47-16-60 of the Official Code of Georgia Annotated, relating to payments to the Sheriffs' Retirement Fund of Georgia from fines and forfeited bonds in criminal cases, so as to increase the allocation from each such fine collected and bonds forfeited.
Senate Sponsor: Senator Timmons of the llth.

The following Certification and actuarial report, as required by law, were read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

February 1, 1988

SUBJECT: House Bill 719S (Substitute) (LC 7 6919S) Sheriffs' Retirement Fund of Georgia

This Bill would change the amount remitted to the Sheriffs' Retirement Fund from fines and forfeited bonds in criminal cases from $1.50 to $2.00 for each such occurrence. The $2.00 collection would apply to criminal cases involving the violation of state law where a sheriff of the court serves and at least a $5.00 fine or bond is involved. Also any person first or becoming a sheriff and member of the Sheriffs' Retirement Fund on or after July 1, 1988 must have a minimum of at least eight years as a qualified and commissioned sheriff to be eligible for retirement benefits.

This is to certify that this is a nonfiscal retirement amendment to House Bill 719S (LC

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JOURNAL OF THE SENATE

7 6742S) and the actuarial investigation for LC 7 6742S also applies to this Bill (LC 7
fiQ1QS
/s/ G.W. Hogan State Auditor

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1987

SUBJECT: Actuarial Investigation-House Bill 719S (Substitute) (LC 7 6742S) Sheriffs' Retirement Fund of Georgia

This Bill would change the amount remitted to the Sheriffs' Retirement Fund from fines and forfeited bonds in criminal cases from $1.50 to $2.00 for each such occurrence. The $2.00 collection would apply to criminal cases involving the violation of state law where a sheriff of the court serves and at least a $5.00 fine or bond is involved. If enacted, this Bill would become effective on July 1, 1988.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will

result from the bill.

$

0

(2) The amount of annual normal cost which will result from the bill. $

0

(3) The employer contribution rate currently in effect.

$ 1,020,774

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). $ 775,805

(5) The dollar amount of the increase in the annual employer

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$

0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

/s/ G. W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin

Barker Barnes

Bowen Broun

THURSDAY, FEBRUARY 18, 1988

1013

Bryant Burton Coleman Coverdell Crumbley awi klns Deal EEdchgoe ls
English Engram
Foster
Gillis Harris

Harrison Hine Howard Hudgins Huggins Kennedy Kidd LMacnGdill
McKenzie Newbill
Olmstead
Perry Phillips

Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Q ^Sttaurmr buaughu
Tay'or Timmons
Turner
Tysinger Walker

Those not voting were Senators:

Allgood Brannon Dean

Fincher Garner Johnson

Langford Peevy Tate (excused)

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

The following general bill of the Senate, having been read the third time and defeated on February 15, and reconsidered on February 16 and placed at the foot of the General Calendar, was put upon its passage:

SB 410. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-8 of the Official Code of Georgia Annotated, relating to procedure for adverse action against permanent status employees gen erally under the merit system, so as to provide that a permanent status employee shall not be dismissed from employment or otherwise adversely affected as to compensation or employment status for refusing to take a polygraph examination.

The substitute to SB 410 offered by the Senate Committee on Governmental Opera tions was adopted on February 15 and appears in the Journal of February 15.

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 Bowen Brannon Broun Bryant Coleman Crumbley

Dawkins Deal Dean English Engram Foster Harris Howard

Hudgins Huggins Kennedy (presiding) Kidd Newbill Peevy Ray Scott of 2nd

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Scott of 36th Shumake

Starr Stumbaugh

Walker

Those voting in the negative were Senators:

Barker Barnes Burton CEcohvoelrsdell
Edge
Gillis

Harrison Hine Land MMccGKielnl zie
Perry
Phillips

Ragan of 10th Ragan of 32nd Tavlor T* imy mons
Turner
Tysinger

Those not voting were Senators:

Allgood Fincher Garner

Johnson Langford

Olmstead Tate (excused)

On the passage of the bill, the yeas were 28, nays 20.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, voted yea making the yeas 29.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1335. By Representatives Lawson of the 9th and Thomas of the 69th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for a limitation on the liability of certain nonprofit associations conducting or sponsoring safety or sports programs and certain persons associated with such associations and programs.
Senate Sponsor: Senator Peevy of the 48th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Dawkins Deal

Dean Echols Edge English Engram Foster Gillis Harris Harrison Hine Howard Huggins Johnson

Kidd Land McGill McKenzie Newbill Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th

THURSDAY, FEBRUARY 18, 1988

1015

Shumake Starr Stumbaugh

Taylor Turner

Tysinger Walker

Those not voting were Senators:

Allgood Crumbley Fincher Garner

Hudgins Kennedy (presiding) Langford

Olmstead Tate (excused) Timmons

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 12:10 o'clock P.M. until 2:00 o'clock P.M.

At 2:00 o'clock P.M., the President called the Senate to order.

The following 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 1298. By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 15-6-93 of the Official Code of Georgia Annotated, relating to hours of operation for superior court clerks' offices, so as to exempt from the application of this Code Section counties having a population of fewer than 10,000 persons according to the United States decennial census of 1980 or any future such census.

HB 1495. By Representatives Chambless of the 133rd, Groover of the 99th, Thomas of the 69th, Robinson of the 96th, Pettit of the 19th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions so as to provide that certain persons shall not be liable for the acts of intoxicated persons who are of legal drinking age; to provide that certain persons may be liable for the acts of certain intoxicated per sons; to provide for certain legal proofs and assumptions.

The House has disagreed to the Senate amendments to the following bills of the House:

HB 218. By Representatives Alford of the 57th, Watson of the 114th, Athon of the 57th and Mangum of the 57th:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977", so as to provide a procedure for levying and collecting maintenance fees for certain enhanced emergency telephone number "911" sys tems directly from subscribers of telephone service.

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HB 1441. By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd, Watts of the 41st, Greene of the 130th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to increase the daily and season maximum bag limits for deer to five deer.
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 1241. By Representatives Twiggs of the 4th, Hanner of the 131st, Coleman of the 118th and Ramsey of the 3rd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to provide for the appointment of an executive director of the Georgia Peace Officer Standards and Training Council.
The Speaker has appointed on the part of the House, Representatives Ramsey of the 3rd, Twiggs of the 4th and Hanner of the 131st.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 430. By Representatives Benn of the 38th, Thomas of the 31st, Bostick of the 138th, Brooks of the 34th, Johnson of the 123rd and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to substantially and completely revise and supersede laws dealing with discrimination in the selling, leasing, and financing of housing.
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 475. By Senators Dean of the 31st, Kennedy of the 4th, Turner of the 8th 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, so as to revise the general provisions relative to the Department of Community Affairs; to provide for the continuation of the department; to provide definition of terms; to specify pur poses of the department; to provide for the Board of Community Affairs.
The Speaker has appointed on the part of the House, Representatives Lee of the 72nd, Walker of the 115th and McDonald of the 12th.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 596. By Senators Newbill of the 56th, Engram of the 34th, Shumake of the 39th and Coverdell of the 40th: A bill to amend Code Section 36-67-6 of the Official Code of Georgia Annotated, relating to zoning proposal record and analysis review at hearing or meeting, so

THURSDAY, FEBRUARY 18, 1988

1017

as to provide for a two-thirds' vote under certain conditions by the governing authority of a county or municipality in order to approve a zoning proposal.
The Senate Committee on Governmental Operations offered the following substitute to SB 596:
A BILL
To be entitled an Act to amend Code Section 36-67-6 of the Official Code of Georgia Annotated, relating to zoning proposal record and analysis review at hearing or meeting, so as to provide for a two-thirds' vote under certain conditions by the governing authority of a county or municipality in order to approve a zoning proposal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 36-67-6 of the Official Code of Georgia Annotated, relating to zoning proposal record and analysis review at hearing or meeting, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 36-67-6 to read as follows:
"36-67-6. (a) At any hearing or meeting at which a governing authority has under con sideration a zoning proposal, the analysis submitted by the initiating party, if any, shall be reviewed. At any hearing or meeting at which a governing authority has under consideration a zoning proposal, the record prepared by the planning department or other agency, if any, shall be reviewed. At any hearing or meeting at which a governing authority has under con sideration a zoning proposal, the record prepared by the planning commission or other group, if any, shall be reviewed. The review of such analysis and records at such hearing or meeting shall consist, as a minimum, of an oral statement of the findings with respect to each matter enumerated in Code Section 36-67-3 or the written presentation of such find ings to the members of the governing authority together with a limited supply of copies of such findings to be available at the hearing or meeting and available on request to interested members of the public.
(b) If the recommendation of the planning department, planning commission, or other agency concerning a zoning proposal is unfavorable, a two-thirds' vote of the governing au thority shall be required in order for the county or municipality to approve the zoning proposal."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Newbill of the 56th offered the following substitute to SB 596:
A BILL
To be entitled an Act to amend Chapter 67 of Title 36 of the Official Code of Georgia Annotated, relating to zoning proposal review procedures, so as to provide for a two-thirds' vote under certain conditions by the governing authorities of certain counties and munici palities in order to approve a zoning proposal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 67 of Title 36 of the Official Code of Georgia Annotated, relating to zoning proposal review procedures, is amended by adding a new Article 2 at the end thereof to read as follows:
"ARTICLE 2
36-67-20. This article shall apply only to those counties which have a population of 550,000 or more according to the United States decennial census of 1980 or any future such census and to those municipalities wholly or partially located within such counties which have a population of 100,000 or more according to the United States decennial census of

1018

JOURNAL OF THE SENATE

1980 or any future such census. As used in this article, the term 'governing authority' means the governing authority of each such county and municipality.
36-67-21. If the recommendation of the planning department, planning commission, or other agency in such counties or municipalities concerning any zoning proposal is unfavora ble, a two-thirds' vote of the governing authority shall be required in order for the county or municipality to approve the zoning proposal."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Burton of the 5th ofTered the following amendment:
Amend the substitute to SB 596 offered by the Senate Committee on Governmental Operations by adding on page 2, line 13, after the word "proposal" the following:
"If the zoning proposal is favorable, a two-thirds vote of the governing authority shall be required in order for the county or municipality to disapprove the zoning proposal."

Senator Coverdell of the 40th ofTered the following amendment:
Amend the substitute to SB 596 offered by Senator Newbill of the 56th by striking on line 17 of page 1 after the word "census" all language through line 21 ending with the word "census", and
Further by striking the words "and municipality" on line 23 of page 1, and
Further by striking the words "or municipalities" on line 26 of page 1, and
Further by striking the words "or municipality" on line 3 of page 2.
Senator Newfaill of the 56th moved that SB 596 be committed to the Senate Committee on Governmental Operations.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 596 was commit ted to the Senate Committee on Governmental Operations.

The following resolutions of the Senate, favorably reported by the committee, were read the third time and put upon their adoption:

SR 382. By Senator Engram of the 34th:
A resolution urging the Georgia Peace Officer Standards and Training Council to include family violence in its educational curriculum for law enforcement personnel.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Broun Burton Coleman Coverdell Dawkins Deal

Dean Echols Edge English Engram Foster Gillis Harris Hine Howard Hudgins

Huggins Johnson Kidd Land Langford Newbill Olmstead Peevy Perry Phillips Ragan of 10th

THURSDAY, FEBRUARY 18, 1988

1019

Ragan of 32nd Scott of 2nd Scott of 36th Starr

Stumbaugh Taylor Timmons

Those not voting were Senators:

Allgood Brannon

Garner Harrison

Crumbley Fincher

Kennedy (presiding) McGill

Turner Tysinger Walker
McKenzie Ray Shumake Tate (excused)

On the adoption of the resolution, the yeas were 43, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 383. By Senator Engram of the 34th:
A resolution urging the Georgia Police Academy to develop and implement ad vanced training in the investigation of family and domestic violence for law en forcement personnel.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Broun Burton Coleman Coverdell Dawkins Deal Dean Echols Edge English

Engram Foster Gillis Harris Hine Howard Hudgins Huggins Johnson Kidd Land Langford Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Brannon Bryant Crumbley Fincher

Garner Harrison Kennedy (presiding) McGill

McKenzie Ray Shumake Tate (excused)

On the adoption of the resolution, the yeas were 43, nays 0.

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JOURNAL OF THE SENATE

The resolution, having received the requisite constitutional majority, was adopted.

The following general resolution and bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SR 298. By Senators Foster of the 50th and Deal of the 49th:
A resolution encouraging the Professional Practices Commission to create and adopt a code of ethics for the education profession.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Broun Burton Coleman Coverdell Dawkins Deal Dean Echols

Edge English Engram Foster Gillis Harris Howard Huggins Kidd Land Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Brannon Bryant Crumbley Fincher Garner

Harrison Hine
Hudgins Johnson Kennedy (presiding) Langford

McGill McKenzie Ray Shumake Tate (excused)

On the adoption of the resolution, the yeas were 39, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 1468. By Representative Jackson of the 9th: A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to rules of the road, so as to make it unlawful to operate allterrain vehicles on any public road. Senate Sponsor: Senator Barnes of the 33rd.
The Senate Committee on Transportation offered the following substitute to HB 1468:
A BILL To be entitled an Act to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to rules of the road, so as to make it unlawful to operate all-

THURSDAY, FEBRUARY 18, 1988

1021

terrain vehicles on any public road; to provide a definition; to provide for exceptions; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to rules of the road, is amended by adding at the end thereof a new Code Section 40-6-252 to read as follows:
"40-6-252. (a) As used in this Code section, the term 'all-terrain vehicle' means any motorized vehicle designed for off-road use which is equipped with three or more low pres sure tires and with a seat to be straddled by the operator and with handlebars for steering control.
(b) Except as provided in subsection (c) of this Code section, it shall be unlawful to operate an all-terrain vehicle on any public road or highway in this state.
(c) (1) This Code section shall not apply to any person operating a motorized cart or a three-wheeled motorcycle used only for agricultural purposes.
(2) This Code section shall not apply on any unpaved road located on property owned or controlled by the federal or state government or any local government if such government has authorized the use of all-terrain vehicles on such road."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Echols of the 6th offered the following amendment:
Amend the substitute to HB 1468 offered by the Senate Committee on Transportation as follows:
On page 1, line 4, after "any" and before "public", add "paved", and
on page 1, line 20, after "any" and before "public", add "paved".
On the adoption of the amendment, the yeas were 30, nays 6, and the amendment was adopted.
Senator Land of the 16th offered the following amendment:
Amend the substitute to HB 1468 offered by the Senate Committee on Transportation by striking on page 1, line 15, the words "or more".

On the adoption of the amendment, the yeas were 15, nays 18, and the amendment was lost.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Barnes Broun Burton Coleman Dawkins Deal

Dean Echols Engram Foster Gillis Hine Howard Hudgins

Johnson Kidd Land Langford McGill Newbill Olmstead Peevy

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JOURNAL OF THE SENATE

Phillips Ragan of 32nd Scott of 2nd

Scott of 36th Starr Stumbaugh

Turner Tysinger Walker

Those voting in the negative were Senators:

Baldwin Bowen Brannon Coverdell

Edge English Harris Huggins

McKenzie Perry Ragan of 10th Taylor

Those not voting were Senators:

Allgood Bryant Crumbley Fincher

Garner Harrison Kennedy (presiding) Ray

Shumake Tate (excused) Timmons

On the passage of the bill, the yeas were 33, nays 12.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 626. By Senators Newbill of the 56th, Engrain of the 34th, Shumake of the 39th and Coverdell of the 40th:
A bill to amend an Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, as amended, so as to provide for additional compensation for the members of the board of commissioners in such counties; to provide for filing vouchers for reimbursement of expenses.

Senator Newbill of the 56th moved that SB 626 be postponed until Monday, February 22.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 626 was post poned until Monday, February 22.

HB 1467. By Representative Jackson of the 9th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to require judges to notify the Department of Public Safety of certain convictions within ten days; to change provisions relating to the suspension of a driver's license for the failure to respond to a citation; to add to the list of offenses for which a probationary licensee may have the license revoked.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes

Bowen Brannon Broun Burton

Coleman Coverdell Dawkins Deal

THURSDAY, FEBRUARY 18, 1988

1023

Dean Echols Edge English Engram Foster Gillis Harris Harrison Hine Howard Huggins

Johnson Kidd Land Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips

Those not voting were Senators:

Allgood Bryant Crumbley Fincher

Garner Hudgins Kennedy (presiding)

Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Turner Tysinger Walker
Shumake Tate (excused) Timmons

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1675. By Representative Murphy of the 18th:
A bill to amend Code Section 36-7-2 of the Official Code of Georgia Annotated, relating to the election, qualification, commissioning, and removal of county sur veyors, so as to change the application of certain qualifications for county surveyors.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon
*TMion
CoveT,, Dawkins Deal Dean Echols Edge English

Engram Foster Gillis Harris Harrison Hine
Soward
?o= Kidd Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of ioth Ragan of 32nd pj
Scott of 2nd
Stumbaugh Taylor Turner Tysinger Walker

1024

JOURNAL OF THE SENATE

Those not voting were Senators:

Allgood Broun Bryant Crumbley

Fincher Garner Hudgins Kennedy (presiding)

Land Shumake Tate (excused) Timmons

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 609. By Senators Scott of the 2nd, Allgood of the 22nd, Tysinger of the 41st and others:
A bill to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commis sion, so as to establish the office of executive director; to provide for appointment and terms of office; to provide for removal, to provide for vacancies.

Senator Scott of the 2nd moved that SB 609 be placed on the Table.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 609 was placed on the Table.

HB 1321. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-3-1 of the Official Code of Georgia Annotated, relating to definitions of terms relative to the Teachers Retirement System of Georgia, so as to change the definition of the term teacher; to correct certain references.

Senate Sponsor: Senator Starr of the 44th.

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

January 12, 1988

SUBJECT: House Bill 1321 (LC 9 5002) Teachers Retirement System

This Bill changes the name of an organization identified in the definitions of terms relating to the Teachers Retirement System. The "Cooperative" Educational Service Agency (CESA) is replaced with the "Regional" Education Service Agency (RESA) in the TRS defi nitions to acknowledge the recent name change of that organization. In addition, references to the code sections creating the organization are also corrected. If enacted, this Bill would become effective upon the Governor's approval or upon becoming law without such approval.
This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.

/s/ G.W. Hogan State Auditor

THURSDAY, FEBRUARY 18, 1988

1025

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On 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 ^f011 CCoovleemrdaenll
Dawkins Deal Dean Echols
Edge English

Engram Foster Gillis Harris Harrison Hine Kward JHouhgngsmons
Kidd Langford McGill McKenzie
Newbill Olmstead

Peevy Perry Phillips Ragan Of 10th Ragan of 32nd R Scott of 2nd
Scott of 36th btarr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Allgood Broun Bryant Crumbley

Fincher Garner Hudgins Kennedy (presiding)

Land Shumake Tate (excused) Timmons

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1495. By Representatives Chambless of the 133rd, Groover of the 99th, Thomas of the 69th, Robinson of the 96th, Pettit of the 19th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions so as to provide that certain persons shall not be liable for the acts of intoxicated persons who are of legal drinking age; to provide that certain persons may be liable for the acts of certain intoxicated per sons; to provide for certain legal proofs and assumptions.

Senator Dawkins of the 45th moved that the Senate insist upon the Senate substitute to HB 1495.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1495.

HB 218. By Representatives Alford of the 57th, Watson of the 114th, Athon of the 57th and Mangum of the 57th:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911* Service Act of 1977", so as to provide a procedure for levying and collecting maintenance fees for certain enhanced emergency telephone number "911" sys tems directly from subscribers of telephone service.

1026

JOURNAL OF THE SENATE

Senator Dawkins of the 45th moved that the Senate insist upon the Senate amendment to HB 218.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 218.
Serving as doctor of the day today was Dr. William C. Collins of Atlanta, Georgia.
Senator Walker of the 43rd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.
At 3:35 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

FRIDAY, FEBRUARY 19, 1988

1027

Senate Chamber, Atlanta, Georgia Friday, February 19, 1988
Twenty-ninth Legislative Day
The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1737. By Representatives Griffin of the 6th, Foster of the 6th and Ramsey of the 3rd: A bill to amend an Act providing a new charter for the City of Dalton, so as to provide the authority to the governing body of such City to grant a permanent easement for the use of a certain specified air space as a pedestrian bridge by the Dalton-Whitfield County Hospital Authority, owner, and Hamilton Medical Center, Inc. d/b/a Hamilton Medical Center, lessee.
HB 1739. By Representatives Dover of the llth and Jamieson of the llth: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Habersham County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia.
HB 1741. By Representative Waldrep of the 80th: A bill to amend an Act incorporating the City of Culloden in the County of Monroe, so as to provide for the election of city council members from districts by the residents of such districts.
HB 1742. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th: A bill to provide that vehicles shall be registered and licensed to operate in Bartow County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.
HB 1745. By Representatives Groover of the 99th, Buford of the 103rd, Lucas of the 102nd and Pinkston of the 100th: A bill to repeal an Act relating to procedures for recall of members of the board of commissioners of Bibb County, to provide for related matters.
HB 1746. By Representative Ray of the 98th: A bill to provide that the homestead, but not to exceed $12,000.00 of the value thereof, of each resident of the Peach County school district who is 62 years of age or over and who does not have an income from all sources exceeding

1028

JOURNAL OF THE SENATE

$14,000.00 per annum, shall be exempt from all ad valorem taxation for educa tional purposes levied for and in behalf of such school system.
HB 1213. By Representative Buck of the 95th:
A bill to amend Code Section 47-17-40 of the Official Code of Georgia Annotated, relating to applications for membership in the Peace Officers' Annuity and Bene fit Fund and medical examinations in connection therewith, so as to change the provisions relative to the date of medical examinations.
HB 1641. By Representatives Ware of the 77th, Wood of the 9th, Groover of the 99th, Watson of the 114th and Lawson of the 9th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide for the regulation of collision damage waivers; to provide a short title; to provide for applicability; to define certain terms; to provide for licenses, renewals, and fees associated with such licenses; to provide for the filing and approval of forms; to provide for the content of colli sion damage waivers.
HB 1618. By Representative Mostiler of the 75th:
A bill to amend Code Section 50-20-2 of the Official Code of Georgia Annotated, relating to definition applicable to relations with nonprofit contractors, so as to exempt cooperative education service agencies from the definition of a "nonprofit contractor".
HB 1322. By Representatives Mueller of the 126th, Ramsey of the 155th, Alien of the 127th, Goodwin of the 63rd, Gresham of the 21st and others:
A bill to amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of alcoholic beverages generally, so as to require verification that the person to whom an alco holic beverage is sold or otherwise furnished is 21 years of age or older.
HB 1385. By Representatives Ray of the 98th, Manner of the 131st, Ramsey of the 3rd, Meadows of the 91st, Lucas of the 102nd and others:
A bill to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to provide for peace of ficers to perform unattended vehicle checks on motor vehicles left unattended on a public street, road, or highway or other public property; to provide for the at tachment and filing of unattended vehicle check cards.
HB 254. By Representatives Chambless of the 133rd, Childers of the 15th and Richardson of the 52nd:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to authorize the Health Planning Agency to establish and operate a state-wide health care data system to collect, verify, compile, analyze, and disseminate certain health care data.
HB 1747. By Representative Ware of the 77th:
A bill to amend Code Section 33-10-2 of the Official Code of Georgia Annotated, relating to assets excluded from consideration in the determination of the finan cial condition of an insurer, so as to provide for the allowance of the use of good will under limitations imposed by rules of the Commissioner of Insurance.

FRIDAY, FEBRUARY 19, 1988

1029

HB 1339. By Representatives Smyre of the 92nd, Benefleld of the 72nd, Lawson of the 9th, McDonald of the 12th, Bishop of the 94th and others: A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to provide for the creation and establish ment of the State Housing Trust Fund; to provide for a State Housing Trust Fund Commission.
SB 536. By Senators Deal of the 49th and Kennedy of the 4th: A bill to amend Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to electric membership corporations and foreign electric co operatives, so as to permit officers and directors to rely upon a wider variety of professional and other opinions, reports, or statements in discharging their duties.
SB 471. By Senators Garner of the 30th and Crumbley of the 17th: A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to change the provisions relating to persons required to be present at executions; to provide an effective date.
SB 440. By Senators McGill of the 24th, Ray of the 19th, English of the 21st and others: A bill to amend Code Section 2-9-41 of the Official Code of Georgia Annotated, relating to investigations of grain dealers or persons, partnerships, corporations, or other entities engaging in transactions involving grain, so as to provide for examination of the ledgers, books of accounts, memoranda, and other documents of unlicensed persons, partnerships, corporations, or other entities.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 492. By Senator Hine of the 52nd: A bill to amend Chapter 3 of Title 5 of the Official Code of Georgia Annotated, relating to appeals to the superior court, so as to provide for trial by the court without a jury in appeals from inferior courts with the consent of both parties.
The House has agreed to the Senate substitute to the following resolution of the House:
HR 696. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th, Groover of the 99th, Hanner of the 131st and others: A resolution naming the "George T. Bagby State Park".
The House has agreed to the Senate substitutes to the following bills of the House:
HB 775. By Representative Ramsey of the 3rd: A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to require persons to report the spill or release of certain quantities of oil or hazardous material.
HB 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.

1030

JOURNAL OF THE 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 1625. By Representatives Thompson of the 20th, Wilson of the 20th, Hensley of the 20th, Aiken of the 21st, Clark of the 20th and others:
A bill to create the Cobb County Commission on Children and Youth; to provide for the manner of appointment of members; to provide for terms, duties, and powers; to authorize the commission to receive and expend funds.
HB 1555. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to provide for the compensation of the members and chairman of the Board of Education of Rockdale County.
The House has agreed to the Senate amendments to the following bills of the House:
HB 1279. By Representatives Crosby of the 150th, Wilson of the 20th, Kilgore of the 42nd, Dover of the llth, Sizemore of the 136th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide a procedure for the review, correction, and equalization of county tax digests.
HB 1465. By Representatives Holcomb of the 72nd, Lee of the 72nd, Bailey of the 72nd and Johnson of the 72nd: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation and appointment of county boards of equalization, so as to provide that the authority for certain counties to request the appointment of additional alternate members of boards of equalization shall apply to any county.
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1415. By Representative Crosby of the 150th: A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and to thereby incorporate provisions of federal law into Georgia law.
HB 1694. By Representatives Birdsong of the 104th and Waldrep of the 80th: A bill to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, so as to provide that the Department of Natu ral Resources shall report annually to the General Assembly the number of deer killed in a season.
HB 1333. By Representative McKinney of the 35th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States de cennial census of 1960 or any future such census, so as to change the jurisdiction of said court; to provide for the method by which salaries of the judges of such courts are set.

FRIDAY, FEBRUARY 19, 1988

1031

HB 1748. By Representatives Ware of the 77th and Lawson of the 9th: A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide for the regulation of long-term care insurance policies; to provide a statement of legislative purpose.
SB 430. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th: A bill to amend Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to membership of the Criminal Justice Coordinating Council, so as to add the chairman of the Juvenile Justice Coordinating Council to the council.
The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
SR 296. By Senator Coverdell of the 40th: A resolution relative to preserving the apartment house home of Margaret Mitchell where the world famous novel Gone With the Wind was written.
HR 783. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: A resolution designating the Romeo Diprima Center, the Mildred Knight Prevocational Center for the Developmentally Disabled, and the Ellis Hale Training and Treatment Center for Adolescents at the Northwest Georgia Regional Hospital.
The following bill and resolutions of the Senate were introduced, read the first time and referred to committee:
SB 668. By Senator Fincher of the 54th: A bill to amend Code Section 48-14-2 of the Official Code of Georgia Annotated, relating to apportionment of payments by the TVA in lieu of taxes, so as to provide for definitions; to change the method of apportioning such payments.
Referred to Committee on Appropriations.
SR 402. By Senators Gillis of the 20th, Kennedy of the 4th, English of the 21st and others: A resolution creating the Senate State Parks System Study Committee.
Referred to Committee on Natural Resources.
SR 404. By Senators Deal of the 49th, Foster of the 50th, Harrison of the 37th and others: A resolution relative to the State Personnel Board and the health insurance plan for public school teachers.
Referred to Committee on Education.
The following bills and resolution of the House were read the first time and referred to committee:
HB 254. By Representatives Chambless of the 133rd, Childers of the 15th and Richardson of the 52nd: A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to authorize the Health

1032

JOURNAL OF THE SENATE

Planning Agency to establish and operate a state-wide health care data system to collect, verify, compile, analyze, and disseminate certain health care data. Referred to Committee on Human Resources.
HB 430. By Representatives Benn of the 38th, Thomas of the 31st, Bostick of the 138th and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to substantially and completely revise and supersede laws dealing with discrimination in the selling, leasing, and financing of housing. Referred to Committee on Special Judiciary.
HB 1213. By Representative Buck of the 95th:
A bill to amend Code Section 47-17-40 of the Official Code of Georgia Annotated, relating to applications for membership in the Peace Officers' Annuity and Bene fit Fund and medical examinations in connection therewith, so as to change the provisions relative to the date of medical examinations. Referred to Committee on Retirement.
HB 1322. By Representatives Mueller of the 126th, Ramsey of the 155th, Alien of the 127th, Goodwin of the 63rd and others:
A bill to amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of alcoholic beverages generally, so as to require verification that the person to whom an alco holic beverage is sold or otherwise furnished is 21 years of age or older. Referred to Committee on Consumer Affairs.
HB 1333. By Representative McKinney of the 35th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States de cennial census of 1960 or any future such census, so as to change the jurisdiction of said court; to provide for the method by which salaries of the judges of such courts are set. Referred to Committee on Judiciary.
HB 1339. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th, McDonald of the 12th and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to provide for the creation and establish ment of the State Housing Trust Fund; to provide for a State Housing Trust Fund Commission. Referred to Committee on Banking and Finance.
HB 1385. By Representatives Ray of the 98th, Hanner of the 131st, Ramsey of the 3rd and others:
A bill to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to provide for peace of ficers to perform unattended vehicle checks on motor vehicles left unattended on a public street, road, or highway or other public property; to provide for the at tachment and filing of unattended vehicle check cards. Referred to Committee on Public Safety.

FRIDAY, FEBRUARY 19, 1988

1033

HB 1415. By Representative Crosby of the 150th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and to thereby incorporate provisions of federal law into Georgia law. Referred to Committee on Banking and Finance.
HB 1618. By Representative Mostiler of the 75th:
A bill to amend Code Section 50-20-2 of the Official Code of Georgia Annotated, relating to definition applicable to relations with nonprofit contractors, so as to exempt cooperative education service agencies from the definition of a "nonprofit contractor". Referred to Committee on Education.
HB 1641. By Representatives Ware of the 77th, Wood of the 9th, Groover of the 99th, Watson of the 114th and Lawson of the 9th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide for the regulation of collision damage waivers; to provide a short title; to provide for applicability; to define certain terms; to provide for licenses, renewals, and fees associated with such licenses; to provide for the filing and approval of forms; to provide for the content of colli sion damage waivers. Referred to Committee on Insurance.
HB 1694. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, so as to provide that the Department of Natu ral Resources shall report annually to the General Assembly the number of deer killed in a season. Referred to Committee on Natural Resources.
HB 1747. By Representative Ware of the 77th:
A bill to amend Code Section 33-10-2 of the Official Code of Georgia Annotated, relating to assets excluded from consideration in the determination of the finan cial condition of an insurer, so as to provide for the allowance of the use of good will under limitations imposed by rules of the Commissioner of Insurance. Referred to Committee on Insurance.
HB 1748. By Representatives Ware of the 77th and Lawson of the 9th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide for the regulation of long-term care insurance policies; to provide a statement of legislative purpose. Referred to Committee on Insurance.
HR 783. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A resolution designating the Romeo Diprima Center, the Mildred Knight Prevocational Center for the Developmentally Disabled, and the Ellis Hale Training and Treatment Center for Adolescents at the Northwest Georgia Regional Hospital. Referred to Committee on Human Resources.

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JOURNAL OF THE SENATE

HB 1737. By Representatives Griffin of the 6th, Foster of the 6th and Ramsey of the 3rd: A bill to amend an Act providing a new charter for the City of Dalton, so as to provide the authority to the governing body of such City to grant a permanent easement for the use of a certain specified air space as a pedestrian bridge by the Dalton-Whitfield County Hospital Authority, owner, and Hamilton Medical Center, Inc. d/b/a Hamilton Medical Center, lessee.
Referred to Committee on Urban and County Affairs.
HB 1739. By Representatives Dover of the llth and Jamieson of the llth: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Habersham County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia.
Referred to Committee on Urban and County Affairs.
HB 1741. By Representative Waldrep of the 80th: A bill to amend an Act incorporating the City of Culloden in the County of Monroe, so as to provide for the election of city council members from districts by the residents of such districts.
Referred to Committee on Urban and County Affairs.
HB 1742. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th: A bill to provide that vehicles shall be registered and licensed to operate in Bartow County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.
Referred to Committee on Urban and County Affairs.
HB 1745. By Representatives Groover of the 99th, Buford of the 103rd, Lucas of the 102nd and Pinkston of the 100th: A bill to repeal an Act relating to procedures for recall of members of the board of commissioners of Bibb County, to provide for related matters.
Referred to Committee on Urban and County Affairs.
HB 1746. By Representative Ray of the 98th: A bill to provide that the homestead, but not to exceed $12,000.00 of the value thereof, of each resident of the Peach County school district who is 62 years of age or over and who does not have an income from all sources exceeding $14,000.00 per annum, shall be exempt from all ad valorem taxation for educa tional purposes levied for and in behalf of such school system.
Referred to Committee on Urban and County Affairs.
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 642. Do pass.
Respectfully submitted,
Senator McGill of the 24th District, Chairman

FRIDAY, FEBRUARY 19, 1988

1035

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 647. Do pass. SB 648. Do pass.
Respectfully submitted,
Senator Langford of the 35th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 564. Do pass by substitute.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 9. HB 1297. HB 1414.

Do pass. Do pass. Do pass.

HB 1622. HB 1623. HR 626.

Do pass. Do pass. Do pass.

HB 1483. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 649. Do pass. HB 1449. Do pass by substitute.
Respectfully submitted,
Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 538. Do pass by substitute.

SB 601. Do pass by substitute.

SB 589. Do pass by substitute.

HB 194. Do pass by substitute.

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JOURNAL OF THE SENATE

HB 1490. HB 1492.

Do pass by substitute.

HB 1546. Do pass.

Do pass.

Respectfully submitted,

Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 658. Do pass as amended.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 667. Do pass.

HR 619. Do pass.

HB 1596. Do pass.

HB 862. Do pass by substitute.

HB 1543. Do pass.

HB 308. Do pass by substitute.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bill and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1475. Do pass. HR 747. 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 resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 396. Do pass.
Respectfully submitted,
Senator 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:

FRIDAY, FEBRUARY 19, 1988

1037

SB 652. SB 656. SB 657. HB 1658. HB 1712.

Do pass. Do pass. Do pass. Do pass. Do pass.

HB 1719. Do pass. HB 1720. Do pass. HB 1723. Do pass. HB 1725. Do pass. HB 1726. 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 462. By Senators English of the 21st, McKenzie of the 14th, Hine of the 52nd and Albert of the 23rd:
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 the certification of emergency medical technicians to utilize automatic defibrillators and provide for the certification of such defibrillators; to provide conditions and procedures relat ing to such certifications; to provide for certificate revocation.

SB 495. By Senator Barnes of the 33rd:
A bill to amend Code Section 34-9-11 of the Official Code of Georgia Annotated, relating to exclusivity of rights and remedies granted to employees and actions against third-party tort-feasors or other persons providing workers' compensation benefits, so as to provide that an employer or other person providing workers' compensation benefits shall receive credit for workers' compensation benefits paid to an employee under certain conditions.

SB 558. By Senators Howard of the 42nd and Stumbaugh of the 55th:
A bill to amend Part 1 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration and use of trademarks and service marks, so as to authorize counties and municipalities to have registered their own service marks; to provide for liquidated damages for certain infringements of reg istered trademarks and service marks.

SB 573. By Senators Barnes of the 33rd and Harrison of the 37th:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency med ical technician" everywhere it appears in Chapter 11 of Title 31.

SB 610. By Senator Howard of the 42nd:
A bill to amend Code Section 44-14-232 of the Official Code of Georgia Anno tated, relating to summons and time for an answer in cases involving a petition for a writ of possession, so as to change the form of the summons.

SB 621. By Senators Allgood of the 22nd, Kennedy of the 4th, Bryant of the 3rd and others:
A bill to amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to parental notification of abortion on an unemancipated mi nor, so as to provide that a minor seeking an abortion shall furnish a notarized statement signed by a parent or guardian attesting that such parent or guardian has been notified that an abortion is to be performed on such minor.

1038

JOURNAL OF THE SENATE

HB 24. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain retirement provisions affecting superior court judges, district attorneys, assistant district attorneys, and employees of the Prosecuting Attorneys' Council, so as to provide for membership of district attor neys' investigators in the Employees' Retirement System of Georgia.
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 382. By Representatives Lane of the lllth, Dobbs of the 74th, Coleman of the 118th and others:
A bill to amend Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishing creditable service under the Teachers Retirement Sys tem of Georgia for membership service for which contributions have been with drawn, so as to provide additional authority for the reestablishment of such cred itable service.
HB 776. By Representative Isakson of the 21st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the offenses which are bail able only before a judge of the superior court; to change the provisions relating to releasing persons on bail or their own recognizance when those persons have committed certain offenses.
HB 896. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commis sions, etc., being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Georgia Agrirama Development Authority shall become members of said retirement system.
HB 1025. By Representatives Cummings of the 17th, Murphy of the 18th, Clark of the 13th and others:
A bill to amend Code Section 47-4-100 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the Public School Employees Retirement System, so as to provide that a member who has 40 or more years of creditable service may elect to retire in the same manner and with the same ben efits as a member who has reached his normal retirement date.
HB 1046. By Representative Johnson of the 72nd:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commis sions, etc., being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Georgia Environmental Facilities Authority shall become members of the said retirement system.

FRIDAY, FEBRUARY 19, 1988

1039

HB 1160. By Representative Kilgore of the 42nd:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes on insurance companies, so as to change the date of collection and distribution of insurance premiums taxes; to require revenues re ceived by a county to be expended on services to inhabitants of the unincorpo rated areas of the county.
HB 1200. By Representative Beck of the 148th:
A bill to amend Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, so as to provide that a county and a municipality may contract for the tax commissioner or tax collector of the county in which the municipality is located to assess and collect taxes for such munici pality in the same manner as county taxes.
HB 1231. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th and others:
A bill to amend Article 1 of Chapter 2 of Title 9 of the Official Code of Georgia Annotated, relating to civil actions in general, so as to provide that a court of record may, under the doctrine of forum non conveniens, decline to exercise ju risdiction over a civil action brought by a person who is not a resident of this state upon a cause of action originating outside of this state.
HB 1251. By Representatives Porter of the 119th, Thomas of the 69th, Lawson of the 9th and Chambless of the 133rd:
A bill to amend Article 6 of Title 53 of the Official Code of Georgia Annotated, relating to commissions and allowances of administrators and executors, so as to change the provisions relating to commissions on debts, legacies, or distributive shares paid to the administrators or executors.
HB 1302. By Representatives Robinson of the 96th, Pannell of the 122nd, Chambless of the 133rd, Pettit of the 19th and Thomas of the 69th:
A bill to amend Chapter 7 of Title 14 of the Official Code of Georgia Annotated, relating to professional corporations, so as to provide that a shareholder of a pro fessional corporation must be an active practitioner in the corporation which is sued the shares; to provide for redemption, cancellation, or transfer of shares held by a shareholder who is not an active practitioner in the issuing corporation.
HB 1391. By Representatives Oliver of the 53rd, Porter of the 119th and Lawson of the 9th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to change the amount of unpaid judgments below which postjudgment interrogatories may be profounded; to provide for a fee for hearing an application for the issuance of a bad check citation.
HB 1392. By Representatives Oliver of the 53rd, Porter of the 119th and Lawson of the 9th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the issuance of bad checks, so as to change the form of notice.
HB 1416. By Representatives Beck of the 148th and Pinkston of the 100th:
A bill to amend Code Section 7-4-2 of the Official Code of Georgia Annotated, relating to interest and usury, so as to provide that the rate of interest estab lished by written contract on transactions of $250,000.00 or more may be ex pressed in simple interest terms or otherwise.

1040

JOURNAL OF THE SENATE

HB 1417. By Representative Crosby of the 150th:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxation, so as to revise provisions relating to income tax ad ministration and enforcement; to change the due dates for corporate income tax returns; to eliminate the requirement of filing of certain receipts with withhold ing tax returns.
HB 1418. By Representative Crosby of the 150th:
A bill to amend Code Section 48-7-114, relating to the requirement of payment of estimated income tax, so as to require fiduciaries to file and pay estimated tax in the same manner as individuals.
HB 1419. By Representative Crosby of the 150th:
A bill to amend Code Section 48-7-101 of the Official Code of Georgia Annotated, relating to income tax withholding, so as to change the method of calculation of wages subject to withholding.
HB 1420. By Representative Crosby of the 150th:
A bill to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to require cer tain local governments to file an annual report of local government finances with the Department of Community Affairs.
HB 1425. By Representatives Chambless of the 133rd, Waldrep of the 80th, Pannell of the 122nd and Robinson of the 96th:
A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to offenses concerning public officers and employees, so as to include members of any municipal governing authority in the procedure for indictment and appearance before a grand jury on charges relating to public office.
HB 1435. By Representative McDonald of the 12th:
A bill to amend Code Section 53-8-2 of the Official Code of Georgia Annotated, relating to the standard for investments by executors and trustees, so as to change certain provisions relating to the definition of a prudent person; to change the factors that the fiduciary may consider in making investment deci sions; to provide that individual investments shall be considered as a part of an overall investment strategy.
HB 1488. By Representatives Byrd of the 153rd, Reaves of the 147th, Hamilton of the 124th 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, so as to provide for a program of community education and development grants; to provide a short title; to pro vide for definitions; to authorize the Department of Community Affairs to make grants to boards of education for certain programs and activities.
HB 1536. By Representatives Robinson of the 96th and Porter of the 119th:
A bill to amend Article 2 of Chapter 5 of Title 13 of the Official Code of Georgia Annotated, relating to agreements required to be in writing, so as to provide that certain commitments to lend money, extend, renew or refinance credit, or forbear from collecting money lent be in writing.

FRIDAY, FEBRUARY 19, 1988

1041

HB 1639. By Representative McDonald of the 12th:
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 the superior court of Jackson County in the Piedmont Circuit.
HB 1670. By Representatives Richardson of the 52nd, Workman of the 51st, Aaron of the 56th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the numbers of judges of superior courts, so as to provide for a ninth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor.
HR 664. By Representatives Wood of the 9th, Galer of the 97th, Bailey of the 72nd, McKelvey of the 15th, Wilder of the 21st and others:
A resolution authorizing the Georgia Building Authority to select a site on the grounds of the James H. "Sloppy" Floyd Veterans Memorial Building to erect the Vietnam Memorial.

The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Barker Barnes Bowen Broun Bryant Coleman Coverdell Crumbley Deal Dean Echols Edge

English Fincher Foster Gillis Harris Harrison Hine Hudgins Huggins Kennedy Kidd Land McGill McKenzie

Those not answering were Senators:

Newbill Olmstead Peevy Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Taylor Timmons Turner Tysinger Walker

Baldwin
Brannon Burton Dawkins
Engram

Garner
Howard Johnson Langford
Perry

Ragan of 10th Shumake
Stumbaugh Tate (excused)

Senator English of the 21st introduced the chaplain of the day, Reverend Dave Hall, pastor of the Wrens Baptist Church, Wrens, Georgia, who offered scripture reading and prayer.

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JOURNAL OF THE SENATE

The following resolutions of the Senate were read and adopted:
SR 403. By Senator Ragan of the 10th: A resolution expressing regret at the death of Ms. Wessie G. Connell.
SR 405. By Senator Harrison of the 37th: A resolution commending the heart transplant team of St. Joseph's Hospital.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Friday, February 19, 1988
TWENTY-NINTH LEGISLATIVE DAY
(The names with each bill are the Senators whose districts are affected by the legislation.)
SB 652 Dawkins, 45th Alcovy Judicial Circuit Walton County Provides for salary and compensation of the official court reporters of said circuit; provides for related matters.
SB 656 Echols, 6th Pierce County Changes provisions relating to compensation of tax commissioner; changes manner of compensating personnel and employees of tax commissioner; pro vides for related matters.
SB 657 Harrison, 37th Barnes, 33rd Ragan, 32nd Newbill, 56th Cobb County Changes provisions relating to compensation of clerk of Superior Court and deputy clerk of Superior Court.
HB 1658 Barnes, 33rd Harrison, 37th Newbill, 56th Ragan, 32nd City of Marietta Cobb County Provides that the city shall levy and collect an additional tax of no more than one mill on all real personal property within the corporate limits of city.
HB 1712 Barker, 18th Houston County Provides that vehicles shall be registered and licensed to operate for the en suing calendar year and thereafter in county during designated registration periods.

FRIDAY, FEBRUARY 19, 1988

1043

HB 1719 Johnson, 47th Banks County
Changes certain provisions relating to election of chairman and other mem bers of the board and provides for staggered terms of office; provides for the continuation in office of current chairman and members of board.

HB 1720 Crumbley, 17th Henry County
Makes provisions for the Magistrate Court; provides for election and qualifi cations of the officers of said court.

HB 1723 English, 21st Jenkins County
Changes provisions relating to terms of State Court.

HB 1725 Kennedy, 4th Effingham County
Provides for an increase in the compensation paid to each member of the governing authority of county.

HB 1726 Taylor, 12th Dougherty County
Provides that the chief judge of State Court of county shall designate the chief magistrate annually.

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 B roun
B BCou^vrteofrndtell Crumbley
Dawkins Deal Dean Echols Edge

English Fincher Foster Gillis Harris
gHHiuandrengsinosn Huggins
Kennedy Kidd Land McGill Newbill

Olmstead Peevy Perry Phillips Ragan of I0th
RS0 caog&,ta.tnoo,f f,,23n2d,und Scott of 36th
Starr Stumbaugh Turner Tysinger Walker

Those not voting were Senators:

Barnes Bowen Brannon Coleman Engram

Garner Howard Johnson Langford McKenzie

Ray Shumake Tate (excused) Taylor Timmons

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JOURNAL OF THE SENATE

On the passage of all the local bills, the yeas were 41, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.
SENATE RULES CALENDAR
Friday, February 19, 1988
TWENTY-NINTH LEGISLATIVE DAY
SB 549 Child in Custody of Both Parents--grandparent visitation (Substitute) (C&Y-- 28th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.)
SR 248 Senate Postsecondary Vocational Education Laboratory, Equipment, and Li brary Research Needs Study Committee--create (Ed--46th)
HB 1238 Airport Property--not be sold, leased to person not United States citizen (U&CA G--44th)
SB 575 Telephone Solicitations of Printed Material--deceptive acts (C Aff--35th) SR 350 Indigent Care Trust Fund--to expand Medicaid (Hum R--52nd) SB 398 Certain Clinical Health Services--certificate of need (Substitute) (Hum R--25th) HR 708 Chieftains Trail--designate certain roads, highways (Trans--52nd) HR 720 W. L. "Pug" Mabry Highway--designate (Trans--56th) SB 640 Child Abuse Protocol Committee--composition (C&Y--18th) HB 1436 Firefighter--misdemeanor to hinder in performance (Pub S--28th) HB 1558 Alcoholic Beverage Sale on Sunday--farm winery, certain hours (C Aff--48th) SR 376 James G. Connell Bridge--designate (Trans--8th) HB 1305 Seizure of Certain License Plates--authorize on private property (Judy--1st) SR 380 Local Government Bonded Indebtedness--certain studies (U&CA G--9th) HB 1326 Qualifying Fees Paid to Political Parties--distribution (Gov Op--25th) HR 627 Bartow County--conveyance of certain state property (Pub U--31st) HB 1371 Commission on Children and Youth--create (Substitute) (C&Y--18th) HB 1301 Confidential Documents Under Mental Health--no inspection (Gov Op--25th) HB 1518 Pesticide Contamination Case--liability of farmer (Substitute) (Ag--49th) HB 1382 Person Processing Automobile Registration Application--performance bonds
(U&CA G--43rd) SB 631 Baldwin County State Court Judge, Solicitor--compensation (Judy--25th) HR 591 Atlanta--leasing of certain state owned property (Pub U--35th) HB 278 Teachers Retirement--payment required for credit for maternity leave
(Ret--44th)
Respectfully submitted, /s/ Nathan Dean
Dean of the 31st, Chairman Senate Rules Committee

FRIDAY, FEBRUARY 19, 1988

1045

The following general bill of the Senate, having been read the third time and final ac tion suspended on February 18, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was put upon its passage:

SB 549. By Senators Edge of the 28th, Tysinger of the 41st, Crumbley of the 17th and others:
A bill to amend Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to the visitation rights of grandparents generally, so as to allow a grand parent to file an original pleading to obtain visitation rights to a minor child in the custody of both parents; to provide limitations on the filing of such plead ings; to provide for petitions for revocation or amendment of such visitation rights.

The substitute to SB 549 offered by Senators Peevy of the 48th, Edge of the 28th and Deal of the 49th on February 18, as it appears in the Journal of February 18, was automati cally reconsidered and put upon its adoption.

Senators Edge of the 28th and Peevy of the 48th offered the following amendment:
Amend the substitute to SB 549 offered by Senators Peevy of the 48th, Edge of the 28th and Deal of the 49th by adding on line 24 of page 1 following the word "not" the word "solely", and further by striking language beginning with the word "are" on line 25 through the word "issue," on line 26.

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes owen
RBCouvrteorndell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster
Gillis Harris
Harrison HHiundegm. s Huggins Johnson Kennedy Kidd Land McGill

Newbill Olmstead Peevy Perry
Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Turner Tysinger Walker

Voting in the negative was Senator Phillips.

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JOURNAL OF THE SENATE

Those not voting were Senators:

Brannon Coleman Garner

Howard Langford McKenzie

Ray Tate (excused) Timmons

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 resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 248. By Senator Broun of the 46th:

A resolution creating the Senate Postsecondary Vocational Education Labora tory, Equipment, and Library Research Needs Study Committee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Broun Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Gillis Harris Harrison Hine Hudgins Huggins Johnson Kennedy Kidd Land McGill Newbill

Those not voting were Senators:

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Turner Tysinger Walker

Allgood Brannon Bryant Coleman

Garner Howard Langford McKenzie

Ray Tate (excused) Timmons

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1238. By Representatives Lane of the 27th, Johnson of the 72nd, Couch of the 40th and others:

A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to airports of counties, municipalities, and other political subdivisions, so as to provide that real property owned by counties, municipali-

FRIDAY, FEBRUARY 19, 1988

1047

ties, and other political subdivisions and public authorities for airport purposes may not be sold or leased to persons who are not citizens of the United States.
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 Allgood Baldwin Barker Barnes Bowen Broun Bryant Burton Coleman Coverdell Dawkins Deal Dean Echols

Edge English Engram Foster Gillis Harris Harrison Hine Hudgins Muggins Johnson Kennedy Kidd Land McGill

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Turner Tysinger Walker

Those not voting were Senators:

Brannon Crumbley Fincher Garner

Howard Langford McKenzie Ray

Tate (excused) Taylor Timmons

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 350. By Senator Hine of the 52nd:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the creation of an Indi gent Care Trust Fund and authorize contributions thereto and appropriations therefrom to expand Medicaid coverage; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section IX, Paragraph VI of the Constitution is amended by ad ding at the end thereof a new subparagraph to read as follows:
"(g) The General Assembly is authorized to provide by general law for the creation of an Indigent Care Trust Fund. Any public hospital, hospital authority, county, or municipal ity is authorized to contribute to the fund and any other person or entity specified by the General Assembly may also contribute to the fund. Moneys in the fund shall be exclusively appropriated to expand Medicaid eligibility to persons and for services which would other wise not be eligible for Medicaid coverage, to provide for indigent care with programs for rural and disproportionate indigent care providers, and primary care health programs for

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JOURNAL OF THE SENATE

indigent citizens of this State. Any other appropriation from the Indigent Care Trust Fund shall be void. Contributions to the fund shall not lapse and shall not be subject to the limitations of subparagraph (a) of this Paragraph or of Article VII, Section III, Paragraph II. Moneys in the fund which are not appropriated as required by this subparagraph shall be refunded pro rata to the contributors thereof, as provided by the General Assembly."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to authorize the creation of an Indigent Care Trust Fund and authorize contributions thereto and appropriations therefrom to expand Medicaid Coverage?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Bryant u,rton Coleman CODr oaruvwmekrb,idn,leeslyl Deal D ean
Echols Edge
English Engram

Fincher Foster Gillis Harris
Harrison Hine Hudgins Huggins JKTo. eh,nBnBnseodny Kidd Land
Langford McGill
McKenzie Newbill

Olmstead Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray Scott of 2nd ,,SS,,,hcou.tm.t aok.f..e,,3,,6.t,h Starr Stumbaugh
Taylor Turner
Tysinger Walker

Those not voting were Senators:

Bowen Brannon Broun

Garner Howard

Tate (excused) Timmons

On the adoption of the resolution, the yeas were 49, nays 0.

FRIDAY, FEBRUARY 19, 1988

1049

The resolution, having received the requisite two-thirds constitutional majority, was adopted.
SB 398. By Senators Kidd of the 25th, Kennedy of the 4th, Gillis of the 20th and others:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from the requirements relative to certificate of need re view, so as to exempt certain clinical health services from the requirements rela tive to certificate of need review; to provide for related matters.
The Senate Committee on Human Resources offered the following substitute to SB 398:
A BILL
To be entitled an Act to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to change the provi sions relating to definitions; to provide for exemptions to the applicability of that chapter; to prohibit certain Medicaid reimbursements; to provide for related matters; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, is amended by striking paragraph (7) of Code Sec tion 31-6-2, relating to definitions, and inserting in its place a new paragraph to read as follows:
"(7) 'Develop,' with reference to a project, means:
(A) Constructing, remodeling, installing, or proceeding with a project, or any part of a project, or a capital expenditure project, the cost estimate for which exceeds $2 million; or
(B) The expenditure or commitment of funds exceeding $2 million for orders, purchases, leases, or acquisitions through other comparable arrangements of major medical equipment.
Notwithstanding subparagraphs (A) and (B) of this paragraph, the expenditure or com mitment or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications, or working drawings, or to acquire, develop, or prepare sites shall not be considered to be the developing of a project."
Section 2. Said chapter is further amended by striking paragraph (14) of said Code Section 31-6-2, and inserting in its place a new paragraph to read as follows:
"(14) 'New institutional health service' means:
(A) The construction, development, or other establishment of a new health care facility;
(B) Any expenditure by or on behalf of a health care facility in excess of $2 million which, under generally accepted accounting principles consistently applied, is a capital ex penditure, except expenditures for acquisition of an existing health care facility not owned or operated by or on behalf of a political subdivision of this state, or any combination of such political subdivisions, or by or on behalf of a hospital authority, as defined in Article 4 of Chapter 7 of this title or certificate of need owned by such facility in connection with its acquisition;
(C) Any increase in the bed capacity of a health care facility except as provided in Code Section 31-6-47;
(D) Clinical health services which are offered in or through a health care facility, which were not offered on a regular basis in or through such health care facility within the 24 month period prior to the time such services would be offered;
(E) Any conversion or upgrading of a facility such that it is converted from a type of

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JOURNAL OF THE SENATE

facility not covered by this chapter to any of the types of health care facilities which are covered by this chapter; or
(F) The purchase or lease by or on behalf of a health care facility of diagnostic or therapeutic equipment with a value in excess of $2 million. The acquisition of one or more items of functionally related diagnostic or therapeutic equipment shall be considered as one project.
The dollar amounts specified in subparagraphs (B) and (F) of this paragraph and of para graph (7) of this Code section shall be adjusted annually by an amount calculated by multi plying such dollar amounts (as adjusted for the preceding year) by the annual rate of change in the composite construction index, published by the Bureau of the Census of the Depart ment of Commerce of the United States government for the preceding calendar year, com mencing on July 5, 1983, and on each anniversary thereafter of publication of the index. The planning agency shall immediately institute rule-making procedures to adopt such adjusted dollar amounts. In calculating the dollar amounts of a proposed project for purposes of subparagraphs (B) and (F) of this paragraph and of paragraph (7) of this Code section, the costs of all items subject to review by this chapter and items not subject to review by this chapter associated with and simultaneously developed or proposed with the project shall be counted, except for the expenditure or commitment of or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications or working drawings, or to acquire sites."
Section 3. Said chapter is ,'urther amended by striking from Code Section 31-6-47, re lating to exemptions from that chapter, the word "and" at the end of paragraph (14) of subsection (a), by striking at the end of paragraph (15) of subsection (a) the period and inserting in its place a semicolon, and by adding immediately thereafter the following new paragraphs:
"(16) Clinical health services initiated during the period of time beginning July 1, 1988, and ending June 30, 1989, which do not result in the addition of new hospital beds and do not require a capital expenditure in excess of $2 million. Capital costs expended to initiate such services shall not be reimbursed by the Department of Medical Assistance under the Medicaid prospective payment system. Any health care facility which initiates a new clinical health service pursuant to this paragraph shall, prior to initiation of the service, certify to the planning agency its undertaking to provide annually not less than 3 percent of its gross patient revenues derived from the new clinical health service initiated pursuant to this para graph in uncompensated charity care, after provision for bad debt and Medicaid and medi care adjustments. For purposes of this paragraph, the term 'uncompensated charity care' means the total obtained by adding the dollar amount of uncompensated free care extended to persons who are indigent persons to the dollar amount of uncompensated free care ex tended as charity care to persons who are not indigent persons, as such care is defined by the planning agency on the date of enactment of this paragraph. The provisions of this paragraph shall not apply to:
(A) Intermediate, skilled, or extended inpatient nursing care;
(B) Home health care services; or
(C) Psychiatric or substance abuse services; and
(17) All nonclinical health services regardless of capital expenditure involved."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, FEBRUARY 19, 1988

1051

Senator Coverdell of the 40th moved that the following Fiscal Note be printed:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Pierre Howard, Chairman

Senate Human Resources Committee

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 16, 1988

SUBJECT: Fiscal Note -- Senate Bill 398 (Substitute) (LC 10 7956S) Certificate of Need -- Exempt Certain Health Services

This Bill would exempt certain health care capital expenditures from currently required certificate of need reviews by the State Health Planning Agency. The minimum thresholds, above which certificates of need reviews would be required, would be increased from $600,000 to $2,000,000 for construction or remodeling projects and from $400,000 to $2,000,000 for capital expenditures for major medical equipment. The Bill would also ex empt (from certificate of need requirements) all nonclinical health services (regardless of capital expenditure) and certain clinical health services initiated between July 1, 1988 and June 30, 1989 which do not add hospital beds or require a capital expenditure in excess of $2,000,000. If enacted, this Bill would become effective upon the approval of the Governor, or upon becoming law without such approval.

The fiscal impact of this Bill on state expenditures could not be determined without a detailed study of certificate of need projects and the development of estimates of additional projects that would result if these exemptions were granted. Other states that have enacted similar legislation have indicated that the costs of the additional projects are eventually passed on to medical care consumers through higher medical costs. As a major medical care consumer (Medicaid, State Employees' Health Plan, Teacher's Health Insurance, Regent's Health Insurance, etc.) the state's medical care costs would be expected to increase as a result of this Bill.

The State Health Planning Agency has prepared a preliminary estimate that projects that an additional $80.8 million to $98.7 million of capital project costs could be expended in the first year after implementation and $28.1 million to $34.4 million of additional annual operating costs could be associated with these projects.

The Department of Medical Assistance has also prepared a preliminary estimate (in a limited amount of time) that projects that medicaid costs would increase by approximately $4.0 million for the first year after implementation based on the 65% increase factor and an estimate that medicaid comprises 10% of the total costs. The State portion of these in creased medicaid costs would be approximately $1.5 million.

Both of these estimates were prepared in a limited amount of time and could not be verified due to time constraints.

/s/ G. W. Hogan State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

On the motion, the yeas were 31, nays 7; the motion prevailed, and the Fiscal Note was printed.

1052

JOURNAL OF THE SENATE

Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to SB 398 offered by the Senate Committee on Human Resources by adding on line 26 of page 4 after the following:
"initiated",
the following:
"by a general acute care hospital".
By striking from line 33 of page 4 the following:
"Any health care facility",
and striking lines 1 through 22 of page 5 and inserting in their place the following:
"The provisions of this paragraph shall not apply to:
(A) Intermediate, skilled, or extended inpatient nursing care;
(B) Home health care services;
(C) Psychiatric or substance abuse services;
(D) Any general acute care hospital which fails to provide complete, accurate, and timely reports which are required by the planning agency, including but not limited to any report required by Code Section 31-6-70;
(E) Any general acute care hospital which, in any calendar year following the year in which that hospital first provides clinical health services which are exempt from this chap ter, provides less than 5 percent of its total gross revenues, after provision for bad debt and Medicaid and medicare adjustments have been deducted, in uncompensated charity care. For purposes of this paragraph, the term 'uncompensated charity care' means the total ob tained by adding the dollar amount of uncompensated care provided to indigent persons to the dollar amount of uncompensated free care extended as charity care to persons who are not indigent persons, as such care is further defined by the planning agency. A general acute care hospital offering clinical health services through the exemption under this paragraph which fails to comply with the uncompensated care requirements of this subparagraph shall receive written notification thereof from the planning agency. Upon notification, that hospi tal shall lose its right to offer such otherwise exempted clinical health services, even if it in any subsequent calendar year may otherwise meet the requirements of this subparagraph; or
(F) Any general acute care hospital which does not participate in the medicare and Medicaid programs or which does not offer the services exempted under this paragraph to qualified recipients of medicare and Medicaid; and".

On the adoption of the amendment offered by Senator Barnes of the 33rd, 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:

Baldwin Barnes Bowen Bur1011
SveTll Crumbley Dawkins Deal Echols

Edge Fincher Harrison Hine
Hkward Johnson McKenzie Olmstead Perry

Phillips Ragan of 10th Ragan of 32nd Ray
fcott of 2nd Starr Taylor Timmons Turner

FRIDAY, FEBRUARY 19, 1988

1053

Those voting in the negative were Senators:

Albert Allgood Barker Bryant Dean English Engrain Foster

Gillis Harris Hudgins Huggins Kennedy Kidd Land Langford

Those not voting were Senators:

Brannon Broun

Garner

McGill Newbill Peevy Scott of 36th Shumake Stumbaugh Tysinger Walker
Tate (excused)

On the adoption of the amendment, the yeas were 28, nays 24, and the amendment was adopted.
Senator Allgood of the 22nd moved that he be excused from voting on SB 398, pursuant to Senate Rule 175, stating that he had an interest in the results of the vote.
On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Allgood of the 22nd was excused from voting on SB 398.
On the adoption of the substitute, the yeas were 39, 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 Baldwin Barker Bryant Burton Dean Edge English Engram

Foster Gillis Harris Hudgins Huggins Kennedy Kidd Land Langford

Those voting in the negative were Senators:

Barnes Bowen Coleman Coverdell Crumbley Dawkins Deal Echols

Fincher Harrison Hine Howard Johnson McKenzie Perry Phillips

Those not voting were Senators:

Allgood (excused) Brannon

Broun Garner

McGill Newbill Olmstead Peevy Scott of 36th Shumake Stumbaugh Tysinger Walker
Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Taylor Timmons Turner
Tate (excused)

1054

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 27, nays 24.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Kidd of the 25th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 398.
HR 708. By Representatives Pettit of the 19th, Ramsey of the 3rd, Langford of the 7th and others: A resolution designating certain public roads and highways as the Chieftains Trail.
Senate Sponsor: Senator Hine of the 52nd.
Senator Hine of the 52nd offered the following substitute to HR 708:
A RESOLUTION
Designating certain public roads and highways as the Chieftains Trail; and for other purposes.
WHEREAS, the State of Georgia contains countless historical sites and geographical regions which are rich in educational and recreational features; and
WHEREAS, regions in northwest Georgia contain many features which reach back to Georgia's diverse and fascinating origins, including the state's Indian culture and heritage; and
WHEREAS, it is important in preserving representations of this past and in promoting future financial well-being and growth, that these sites and regions be identified, marked, promoted, and managed; and
WHEREAS, the designation of the Chieftains Trail is a vital and appropriate beginning to this process.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the following public roads and highways are designated as the Chieftains Trail:
U.S. 41 north to U.S. 411 then U.S. 411 west from Cartersville Etowah Indian Mounds to the Chieftains Museum in Rome; then
Ga. 53 west to the New Echota site in Calhoun; then
Ga. 225 north to the Chief Vann House in Murray County; then
Ga. 52 east to Fort Mountain State Park in Chatsworth; then
Ga. 52 east to Ellijay; then
Ga. 5 south to Tate; then
Ga. 5 south to Canton; then
Ga. 20 west to Cartersville.
BE IT FURTHER RESOLVED, that the Department of Transportation is authorized and directed to place and maintain appropriate markers along the Chieftains Trail and at gateways to the trail on Interstate 75 at Marietta, on Interstate 75 at Dalton, and on Inter state 575 at Blue Ridge.
On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.

FRIDAY, FEBRUARY 19, 1988

1055

The President announced that, pursuant to Senate Rule 143, consideration of the sub stitute and resolution would be suspended and placed on the Senate General Calendar.

HR 720. By Representative Colbert of the 23rd: A resolution designating that portion of State Highway 9 within the boundaries of the City of Roswell as the W. L. "Pug" Mabry Highway.
Senate Sponsor: Senator Newbill of the 56th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Brannon Broun Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols English Engram

Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie

Newbill Peevy Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Bowen Coleman

Edge Garner Johnson Olmstead

Perry Scott of 2nd Tate (excused)

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1241. By Representatives Twiggs of the 4th, Hanner of the 131st, Coleman of the 118th and Ramsey of the 3rd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to provide for the appointment of an executive director of the Georgia Peace Officer Standards and Training Council.

Senator Timmons of the llth moved that the Senate adhere to the Senate amendment to HB 1241, and that a Conference Committee be appointed.

1056

JOURNAL OF THE SENATE

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 1241.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Bowen of the 13th, Timmons of the llth and Ray of the 19th.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 492. By Senator Hine of the 52nd: A bill to amend Chapter 3 of Title 5 of the Official Code of Georgia Annotated, relating to appeals to the superior court, so as to provide for trial by the court without a jury in appeals from inferior courts with the consent of both parties.
The House amendment was as follows:
Amend SB 492 by adding following the word "as" on line 3 of page 1 the following:
"to provide for appeals to the state court;".
By adding following the words "superior court" on line 14 of page 1 the following:
"or state court".
Senator Hine of the 52nd moved that the Senate agree to the House amendment to SB 492.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Bowen Brannon Broun Bryant BC,, ouvrteornd,el,,l DCrauwmkbinles y Deal
Dean
Echols Edge
English

Fincher Foster Gillis Harris Harrison Hine HIHTouwdigairnds HKuengngiendsy Kidd
Land
Langford McGill
Newbill

Olmstead Peevy Perry Ragan of 10th Ragan of 32nd R aoQcontt ore 3QCb*tVn, ^Sttaurmr bLaugh. Taylor
Timmons
Turner Tysinger
Walker

Those not voting were Senators:

Allgood Barker Barnes Coleman

Engram Garner Johnson McKenzie

Phillips Scott of 2nd Shumake Tate (excused)

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 492.

FRIDAY, FEBRUARY 19, 1988

1057

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1298. By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 15-6-93 of the Official Code of Georgia Annotated, relating to hours of operation for superior court clerks' offices, so as to exempt from the application of this Code Section counties having a population of fewer than 10,000 persons according to the United States decennial census of 1980 or any future such census.

Senator Kidd of the 25th moved that the Senate insist upon the Senate substitute to HB 1298.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1298.

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 640. By Senators Barker of the 18th, Hudgins of the 15th, Langford of the 35th and others:
A bill to amend Code Section 19-1-1 of the Official Code of Georgia Annotated, relating to child abuse protocol, so as to change the composition of the child abuse protocol committee.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On 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 Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill Newbill

Olmstead Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Coleman

Garner McKenzie

Ragan of 10th Tate (excused)

On the passage of the bill, the yeas were 50, nays 0.

1058

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.

HB 1436. By Representatives Lawler of the 20th, Mostiler of the 75th, Kilgore of the 42nd and McDonald of the 12th:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to provide that it shall be a misdemeanor to obstruct or hinder a firefighter in the lawful performance of official duties.
Senate Sponsor: Senator Edge of the 28th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

Engram Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Langford McGill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Taylor Turner Tysinger Walker

Voting in the negative was Senator Brannon.

Those not voting were Senators:

Allgood Bowen English Garner

Land McKenzie Newbill Shumake

Starr Tate (excused) Timmons

On the passage of the bill, the yeas were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1558. By Representatives McDonald of the 12th, Stancil of the 66th and Pettit of the 19th:
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 farm wineries shall be authorized to sell wine dur ing certain hours on Sunday.
Senate Sponsor: Senator Peevy of the 48th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, FEBRUARY 19, 1988

1059

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Broun Bryant Coleman Coverdell Dean Echols Edge English Engram

Gillis Harris Harrison Hine Howard Hudgins Johnson Kennedy Kidd Land Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Taylor Turner Tysinger Walker

Those voting in the negative were Senators:

Brannon Burton Crumbley

Deal Fincher Foster

Huggins Starr

Those not voting were Senators:

Allgood Dawkins Garner

McKenzie Shumake

Tate (excused) Timmons

On the passage of the bill, the yeas were 41, nays 8.

The bill, having received the requisite constitutional majority, was passed.

SR 376. By Senator Turner of the 8th: A resolution designating the James G. Connell Bridge.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Broun Bryant Burton Coverdell Crumbley Dawkins Dean Echols

Edge Engram Foster Gillis Harris Harrison Hine Hudgins Huggins Johnson Kennedy Land Langford

McGill Newbill Olmstead Peevy Perry Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh

1060

JOURNAL OF THE SENATE

Taylor Turner

Tysinger

Walker

Voting in the negative was Senator Kidd.

Those not voting were Senators:

Allgood Brannon Coleman Deal

English Fincher Garner Howard

McKenzie Phillips Tate (excused) Timmons

On the adoption of the resolution, the yeas were 43, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1305. By Representatives Jackson of the 9th and Murphy of the 18th:
A bill to amend Article 6 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the administration and enforcement of vehicle registration laws, so as to authorize state and county law enforcement officers and revenue agents and officers to go upon private property to seize certain license plates and renewal decals.
Senate Sponsor: Senator Coleman of the 1st.

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 Baldwin Barker Barnes
Bryant Burton Coleman CCoruvmerbdleelyl
Dawkins j)eal Dean Edge English Engram

Foster Gillis Harris Harrison
Hine Howard Hudgins T"Tuggm. s
Johnson Kennedy Kidd Langford McGill Newbill

Olmstead Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray 0Sco,t.t of,. 36,,,t,h
Starr Stumbaugh Taylor Turner Tysinger Walker

Voting in the negative was Senator Echols.

Those not voting were Senators:

Allgood Bowen Brannon Broun

Fincher Garner Land McKenzie

Scott of 2nd Shumake Tate (excused) Timmons

On the passage of the bill, the yeas were 43, nays 1.

FRIDAY, FEBRUARY 19, 1988

1061

The bill, having received the requisite constitutional majority, was passed.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 380. By Senators Phillips of the 9th, Turner of the 8th, Ragan of the 32nd and others:
A resolution directing the Georgia Department of Community Affairs to conduct a thorough study on the most appropriate methods of gathering information re garding local government bonded indebtedness.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Foster Gillis Harris Harrison Hine Howard Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Allgood Brannon Fincher

Garner Hudgins Shumake

Tate (excused) Timmons

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

The following general bill and resolution of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 1326. By Representatives Lee of the 72nd and Patten of the 149th:
A bill to amend Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to qualifying fees for party and public offices, so as to change the provi sions relating to the distribution of qualifying fees paid to county and state polit ical parties.
Senate Sponsor: Senator Kidd of the 25th.

1062

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 Baldwin Barker Barnes
Bowen Broun ***?* Bp u,rton Coverdell Crumbley Dawkins Deal Dean Echols

Edge Engram Fincher Foster
Gillis Harris Hine ,H.oward, Huggins Johnson Kidd Land Langford McKenzie

Newbill Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray cSco,t.t ofc n2nd, Scott of 36th Starr Stumbaugh Turner Tysinger Walker

Those not voting were Senators:

Allgood Brannon ? Harrison

Hudgins Kennedy (presiding) McGill Olmstead

Shumake Tate (excused) Taylor Timmons

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 627. By Representative Pettit of the 19th: A resolution authorizing the conveyance of certain state owned real property lo cated in Bartow County, Georgia.
Senate Sponsor: Senator Dean of the 31st.

The report of the committee, which was favorable to the adoption of the resolution, was agree to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Broun Bryant Burton Coleman Coverdell

Crumbley Dawkins Deal Dean Edge English Engram Fincher Foster Gillis

Harris Hine Howard Huggins Johnson Kidd Land Langford McGill Newbill

FRIDAY, FEBRUARY 19, 1988

1063

Peevy Perry Phillips Ragan of 10th

Ragan of 32nd Ray Scott of 36th Starr

Stumbaugh Turner Tysinger Walker

Those not voting were Senators:

Allgood Brannon Echols Garner
Harrison

Hudgins Kennedy (presiding) McKenzie Olmstead
Scott of 2nd

Shumake Tate (excused)
Taylor Timmons

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1441. By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd, Watts of the 41st, Greene of the 130th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to increase the daily and season maximum bag limits for deer to five deer.

Senator Perry of the 7th moved that the Senate insist upon the Senate amendments to HB 1441.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendments to HB 1441.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1371. By Representatives Smyre of the 92nd, Smith of the 152nd, Childers of the 15th and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to create the Commission on Children and Youth.
Senate Sponsor: Senator Barker of the 18th.

The Senate Committee on Children and Youth offered the following substitute to HB 1371:

A BILL
To be entitled an Act to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to create the Commission on Children and Youth; to provide for legislative intent; to provide that mem bership on the commission shall not constitute public office; to provide for the organization of the commission; to provide for compensation and reimbursement of expenses of members of the commission; to provide for an executive director of the commission and his powers and duties; to provide for the functions and authority of the commission; to provide for limitations on authority of the commission; to provide for a budget, appropriations to the commission, and authority for the commission to accept and use gifts and grants; to provide

1064

JOURNAL OF THE SENATE

for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by adding at the end thereof a new Article 7 to read as follows:
"ARTICLE 7
49-5-160. The General Assembly finds that appropriate services to children and youth are vitally important for the future of this state. The intent of this article is to provide for the effective coordination and communication between the providers of children and youth services, including pediatrics, health, mental health, business, and industry and all compo nents of the social services, education, employment, and juvenile justice systems at all levels of state government.
49-5-161. (a) There is established the Commission on Children and Youth which shall be composed of the following members:
(1) Twenty-eight voting members selected by the Governor to serve at the pleasure of the Governor. Voting members shall consist of individuals who are business and community leaders and who by their interest, training, or experience are knowledgeable of the issues affecting children and youth; individuals who are in the field of education; individuals who are part of local government, including law enforcement officials; and individuals who by their training or experience are knowledgeable in pediatrics, health, mental health, or social services. Voting members shall have the authority to vote on all issues before the commis sion; and
(2) Twenty-five ex officio members. Ex officio members shall consist of a Justice from the Supreme Court, a Judge of the Court of Appeals, a representative of The Council of Superior Court Judges, a representative of The Council of State Court Judges, and a repre sentative of the Council of Juvenile Court Judges, each appointed by the Governor; and the chancellor of the Board of Regents, the State School Superintendent, the executive director of the State Board of Postsecondary Vocational Education, the commissioner of the Depart ment of Medical Assistance, the commissioner of the Department of Labor, the commis sioner of the Department of Human Resources, the commissioner of the Department of Cor rections, the director of the Office of Planning and Budget, the chairman of the Senate Education Committee, the chairman of the House of Representatives Education Committee, the chairman of the Senate Appropriations Committee, the chairman of the House of Rep resentatives Appropriations Committee, the chairman of the Senate Children and Youth Committee, the chairman of the Senate Human Resources Committee, the chairman of the House of Representatives Health and Ecology Committee, the chairman of the House of Representatives Children and Youth Subcommittee of the Health and Ecology Committee, the chairman of the Senate Judiciary Committee, the chairman of the House of Representa tives Judiciary Committee, the chairman of the Senate Banking and Finance Committee, the chairman of the House of Representatives Banks and Banking Committee. Ex officio members shall not have the authority to vote on the administration of grants or grant re quests or on such other issues prohibited by law or as set forth in the commission's bylaws.
(b) All appointments to the commission shall become effective on July 1, 1988. 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.
(c) Membership on the commission does not constitute public office and no member shall be disqualified from holding office by reason of his membership on the commission.
(d) Members of the commission shall serve without compensation, except that each member may be reimbursed for expenses incurred as a result of his duties as a commission member in accordance with state transportation regulations.
(e) The Governor shall name the chairman of the commission. The commission shall

FRIDAY, FEBRUARY 19, 1988

1065

elect such other officers and make such bylaws for its operation as may be necessary or appropriate.
(f) The commission may establish advisory committees, the members of which may in clude the chairmen of any councils, boards, or commissions appointed by the Governor or created by statute and involved in children and youth issues and representatives of public or private organizations, associations, or groups involved or interested in children and youth issues.
49-5-162. (a) There shall be an executive director of the Commission on Children and Youth who shall be appointed by executive order and serve at the pleasure of the Governor.
(b) The executive director may contract with other agencies, public or private, or per sons as the executive director deems necessary for the rendering and affording of such ser vices, facilities, studies, research, and reports to the commission as will best assist it to carry out its duties and responsibilities.
(c) The executive director may employ such other professional, technical, and clerical personnel as deemed necessary to carry out the purposes of this article. Such personnel may be members of the classified service of the state merit system as defined in paragraph (2) of Code Section 45-20-2.
49-5-163. (a) The commission is vested with the following functions and authority:
(1) To cooperate with and seek cooperation from every department, agency, or instru mentality in the state government or its political subdivisions in the furtherance of the pur poses of this article;
(2) To convene periodically, but at least once a year, regional or state-wide children and youth conferences involving key executives in the social services and juvenile justice systems of this state; elected officials; private industry and advocacy organizations; and others for the purpose of improving coordination and communication among the providers of children and youth services and all components of the social services, education, employment, and juvenile justice systems at all levels of state government;
(3) To develop, in coordination and cooperation with all components of the various children and youth systems of this state, legislative proposals and executive policy proposals to better meet the needs of our children and youth and improve the quality of services available to them;
(4) To review and develop an integrated state plan for services provided to children and youth in this state through state programs;
(5) To provide for the interaction, communication, and coordination of all components of the children and youth systems of the state and to provide assistance in establishing model children and youth service programs for children and youth in Georgia;
(6) To serve in an advisory capacity to the Governor, the General Assembly, and the judiciary on existing services and gaps in services to meet the needs of the children and youth of this state;
(7) To encourage and facilitate the establishment of local commissions on children and youth and to facilitate the involvement of communities in providing services for their chil dren and youth;
(8) To coordinate high visibility children and youth research projects and studies with a state-wide impact, which studies and projects cross traditional system component lines;
(9) To serve as a state-wide clearing-house for children and youth information and research;
(10) To encourage collaborative efforts, such as interagency agreements and interstate compacts, among state and local public and private agencies serving children and youth;
(11) To provide technical assistance and consultation to members of the commission

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and local governments, particularly those involved in providing service to their children and youth;
(12) To review existing statutes and administrative rules, regulations, and policies of those agencies having a member on the commission relating to children and youth and make recommendations which will encourage greater interagency coordination and collaboration, more effective utilization of existing resources, and less duplication of efforts;
(13) To facilitate the elimination of unnecessary duplicative efforts programs, and services;
(14) To administer federal assistance funds and state funds for the purposes mentioned in this subsection as assigned by law or executive order;
(15) To accept, under criteria established by the commission, applications for disburse ments of available funds appropriated by the General Assembly for children and youth im provement projects; and
(16) To review and develop a children's budget listing all state and federal funds ex pended by the state for services to children and youth in Georgia.
(b) Notwithstanding any provision in this article to the contrary, the commission shall not exercise any power, undertake any duty, or perform any function assigned by law to the Governor, the Attorney General, or any of the prosecuting or investigatory agencies at the state or local level.
49-5-164. (a) The commission shall be assigned to the office of the Governor for admin istrative purposes only, as described in Code Section 50-4-3.
(b) The commission shall prepare a budget request in the same manner as any such request would be prepared by a budget unit in accordance with Part 1 of Article 4 of Chap ter 12 of Title 45, the 'Budget Act,' and a separate appropriation shall be provided for the commission in the general appropriations Act. The commission is authorized to accept and use gifts, grants, and donations for the purpose of carrying out this article. The commission is also authorized to accept and use property, both real and personal, and services for the purpose of carrying out this article. Any funds, property, or services received as gifts, grants, or donations shall be kept separate and apart from any funds received by the office of the Governor; and such funds, property, or services so received by gifts, grants, or donations shall be the property and funds of the commission and, as such, shall not lapse at the end of each fiscal year but shall remain under the control of and subject to the direction of the commission to carry out the provisions of this article."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen

Broun Bryant Burton Coleman Coverdell

Dawkins Deal Dean Echols Edge

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1067

English Engram Fincher
Harrison Howard Hudgins Johnson Kidd

Land Langford McGill McKenzie Newbill
Olmstead Peevy Perry Ragan of 10th Ragan of 32nd

Ray Scott of 36th Shumake Starr Stumbaugh
Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Brannon Crumbley Garner

Hine Huggins Kennedy (presiding)

Phillips Scott of 2nd Tate (excused)

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The President resumed the Chair.

The following resolution of the Senate was read and put upon its adoption:

SR 406. By Senators Allgood of the 22nd and Kennedy of the 4th:
A resolution relative to the General Assembly adjourning at 5:00 o'clock P.M. on Friday, February 19, 1988, and reconvening at 10:00 o'clock A.M. on Monday, February 22, 1988; adjourning at 5:00 o'clock P.M. on Friday, February 26, 1988, and reconvening at 10:00 o'clock A.M. on Monday, February 29, 1988; and ad journing at 5:00 o'clock P.M. on Friday, March 4, 1988, and reconvening at 10:00 o'clock A.M. on Monday, March 7, 1988.

On the adoption of the resolution, the yeas were 40, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

The following general bills and resolution of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1301. By Representative Porter of the 119th:
A bill to amend Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to the production of documents and things and entry upon land for in spection and other purposes, so as to exclude from production or inspection those documents which are confidential under certain mental health laws.
Senate Sponsors: Senators Dawkins of the 45th and Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Gillis Harris Hine Howard Huggins Johnson Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Brannon Garner

Harrison Hudgins Kennedy (presiding) Scott of 2nd

Scott of 36th Shumake Tate (excused)

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1518. By Representative Groover of the 99th:
A bill to amend Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant disease, pest control, and pesticides, so as to limit the liability of farmers in pesticide contamination cases.
Senate Sponsor: Senator Deal of the 49th.
The Senate Committee on Agriculture offered the following substitute to HB 1518:
A BILL
To be entitled an Act to amend Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant disease, pest control, and pesticides, so as to limit the liability of farmers in pesticide contamination cases; to provide for construction; to provide for re lated matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant disease, pest control, and pesticides, is amended by adding a new Article 6 at the end thereof to read as follows:
"ARTICLE 6
2-7-170. (a) No person, firm, or corporation engaged in an agriculture, silvicultural, farming, horticultural, or similar operation, place, establishment, or facility, or any of its appurtenances, who has applied or used or arranged for the application or use of any fertil izer, plant growth regulator, or pesticide as defined in the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135, et seq., as amended by the Federal Environmental Pesti cide Control Act of 1972, 7 U.S.C. 136, et seq., and Article 2 of this chapter, known as the 'Georgia Pesticide Control Act of 1976,' and Article 3 of this chapter, known as the 'Georgia Pesticide Use and Application Act of 1976,' shall be responsible or liable under this title and Title 12, without proof of negligence or lack of due care, for any damages, response costs, or injunctive relief relating to any direct or indirect discharge or release into, or actual or

FRIDAY, FEBRUARY 19, 1988

1069

threatened pollution of, the land, waters, air, or other resources of the state that is or may be associated with or resulting from such application or use, provided that:
(1) Such application or use was in a manner consistent with the labeling of such fertil izer, plant growth regulator, or pesticide and in accordance with acceptable agricultural management practices and all applicable state and federal laws and regulations at the time of such application or use;
(2) The state or federal government, or any of its agencies, had approved, recom mended, or permitted the application or use and there is no rinding that any conditions of such approval, recommendation, or permit were violated, or that warnings or limitations regarding the application or use were ignored; and
(3) Such fertilizer, plant growth regulator, or pesticide was licensed by or registered with the state or federal government at the time of such application or use and such person, firm, or corporation knew of no special geological, hydrological, or soil type condition ex isting on the land which rendered such application or use likely to cause pollution. No per son, firm, or corporation shall be liable based solely on ownership of the land where such application or use took place.

(b) Nothing in this article shall affect or limit any right of action of an individual against any person, firm, or corporation engaged in an agricultural or farming operation for injury to person or property resulting from such chemical application or use.
(c) All orders issued by the Department of Agriculture and the Department of Natural Resources prior to July 1, 1988, pursuant to this title and Title 12, and the liability upon which such orders are premised, if any, shall remain in effect unless the orders are otherwise revoked, amended, or modified by the Commissioner of Agriculture or the Commissioner of Natural Resources.
(d) Nothing in this article shall be construed to prohibit any cause of action based on strict tort liability against any manufacturer of such fertilizer, plant growth regulator, or pesticide."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barnes Bowen Broun Bryant Burton Crumbley Dawkins Deal Dean Echols Edge Engram Fincher

Foster Gillis Harris Harrison Howard Hudgins Huggins Johnson Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons

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Turner

Tysinger

Walker

Those not voting were Senators:

Allgood Baldwin
Barker Brannon

Coleman Coverdell
English Garner

Hine Kennedy (presiding) Tate (excused)

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1382. By Representatives Alford of the 57th, Oliver of the 53rd, Richardson of the 52nd and Williams of the 48th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to authorize the tax commissioner of each county to require certain private per sons processing applications for motor vehicle registration to give annual per formance bonds.
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 Baldwin Barker Barnes Bowen Broun Bryant Burton Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Land Langford McGill

McKenzie Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Turner Tysinger Walker

Voting in the negative was Senator Newbill.

Those not voting were Senators:

Allgood Brannon
Coleman Coverdell

Garner Kennedy (presiding) Shumake

Tate (excused) Taylor Timmons

On the passage of the bill, the yeas were 45, nays 1.

FRIDAY, FEBRUARY 19, 1988

1071

The bill, having received the requisite constitutional majority, was passed.

SB 631. By Senator Kidd of the 25th:
A bill to amend an Act creating county courts (now state court) in certain desig nated counties of this state, as amended, so as to change the compensation provi sions relating to the judge and the solicitor of the State Court of Baldwin County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin
Barker Barnes Bowen
Broun Bryant Burton Crumbley Deal Dean Edge

Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Kidd Land Langford

McKenzie Newbill Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Taylor Tysinger Walker

Those voting in the negative were Senators:

Echols Perry

Phillips

Turner

Those not voting were Senators:

Allgood
Brannon Coleman Coverdell Dawkins English

Engram Garner Johnson Kennedy (presiding) McGill

Olmstead Peevy Starr Tate (excused) Timmons

On the passage of the bill, the yeas were 36, nays 4.

The bill, having received the requisite constitutional majority, was passed.

HR 591. By Representatives Colwell of the 4th, Jackson of the 9th, Johnson of the 72nd and Foster of the 6th:
A resolution authorizing the leasing of certain state owned property located in the City of Atlanta, Fulton County, Georgia.
Senate Sponsor: Senator Langford of the 35th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

1072

JOURNAL OF THE SENATE

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Broun Bryant Burton Dawkins Dean Echols Edge Engram Foster

Gillis Harris Harrison Hudgins Huggins Johnson Kidd Land Langford McGill McKenzie Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Tysinger Walker

Those not voting were Senators:

Allgood Brannon Coleman Coverdell Crumbley

Deal English Fincher Garner Hine

Howard Kennedy (presiding) Tate (excused) Turner

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 278. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to the payment required for such creditable service.
Senate Sponsor: Senator Starr of the 44th.

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson

State Representative

FROM:

G. W. Hogan, State Auditor

DATE:

January 15, 1987

SUBJECT: House Bill 278 (LC 7 6480) Teachers Retirement System

This Bill would alter provisions relating to the granting of creditable service under the Teachers Retirement System (TRS) for periods when members were absent because of preg-

FRIDAY, FEBRUARY 19, 1988

1073

nancy. To establish creditable service, the member would be required to pay employee and employer contributions based upon the member's salary prior to the absence plus interest for the period of creditable service up to the date of payment. Current law requires payment determined by the board as sufficient to cover the full actuarial cost of the service granted.
This is to certify that this is a retirement bill having a fiscal impact.
/a/ G. W. Hogan State Auditor

The following actuarial report, as required by law, was read by the Secretary:

MEMORANDUM

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1987

SUBJECT: Actuarial Investigation--House Bill 278 (LC 7 6480) Teachers Retirement System

This Bill would alter provisions relating to the granting of creditable service under the Teachers Retirement System (TRS) for periods when members were absent because of preg nancy. To establish creditable service, the member would be required to pay employee and employer contributions based upon the member's salary prior to the absence plus interest for the period of creditable service up to the date of payment. Current law requires payment determined by the board as sufficient to cover the full actuarial cost of the service granted.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will result from the bill.

$ 13,700,000

(2) The amount of annual normal cost which will result from the bill. $

0

(3) The employer contribution rate currently in effect.

13.28%

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

13.31%

(5) The dollar amount of the increase in the annual employer

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$ 990,000

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

/s/ G. W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols Edge Engram Fincher

Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Land McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Brannon Broun Coverdell

English Garner Kennedy (presiding)

Langford Shumake Tate (excused)

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 575. By Senator Langford of the 35th:
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 that failure to comply with certain requirements regarding telephone solicitations of printed materials shall be deemed to be unfair or deceptive acts or practices; to provide for definitions.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Bryant Burton Coleman Crumbley Dawkins Deal Dean

Edge English Engram Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins

Johnson Kidd Land Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th

FRIDAY, FEBRUARY 19, 1988

1075

Ragan of 32nd Ray Scott of 2nd Scott of 36th

Shumake Starr Stumbaugh Taylor

Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood
Brannon Broun

Coverdell
Echols Garner

Kennedy (presiding) Tate (excused)

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

The following message was received from the House through Mr. Bllard, the Clerk thereof:

Mr. President:

The House has adopted by the requisite constitutional majority the following resolution of the Senate:

SR 406. By Senators Allgood of the 22nd and Kennedy of the 4th:
A resolution relative to adjournment. The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons, numbered 665 through 687, who have registered in the Docket of Legislative Appearance as of February 19, 1988, 3:00 p.m., in accordance with Georgia Law 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 19th day of February, in the year of our Lord One Thousand Nine Hundred and Eighty-Eight and of the Independence of the United States of America the Two Hundred and Twelfth.
/s/ Max Cleland Secretary of State

(SEAL)

665. Judith Rhea Cox 2360 Spring Creek Road Decatur, Georgia 30033 404/325-5860 Georgia Insight Georgia Forum Georgia Right To Life

666. Guy Slappey Route 3, Box 89 Blackshear, Georgia 31516 912/449-6351 United Transportation Union
667 John W. Kuhn post office Box 167> Main gtreet
Jersey, Georgia 30235 404/464-2314 Towing and Recovery Association of Georgia

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JOURNAL OF THE SENATE

668. Paul "Mike" Holland, Jr. 2509 Browns Bridge Road Gainesville, Georgia 30501 404/536-6311 Towing and Recovery Association of Georgia
669. Tony Hightower Law Offices Suite 200 3169 Holcomb Bridge Road Norcross, Georgia 30071 404/441-1566 Tattletale, Inc. & Others Hightower & Assoc.
670. M. A. Peyton Highway 82 East Hinesville, Georgia 31313 404/368-2274 Automotive Service Association Towing and Recovery Association of Georgia National Federation of Independent Business Towing and Recovery Association of America
671. VOID
672. VOID
673. Andrew G. Martinez 1311 Executive Center Drive Tallahassee, Florida 32301 904/878-0939 Nationwide Insurance Company
674. Lee F. Davenport, Jr. Highway 40 and Gross Road Kingsland, Georgia 31548 912/729-5840 Camden-Kings Bay Chamber of Commerce
675. Gregory G. Kergosien 38 Lyme Bay Road Columbia, South Carolina 29212 803/781-5418 Upjohn Company, The
676. Larry R. Thompson 269 Lawrence Street Marietta, Georgia 30060 404/422-5300 Georgia Association of Housing & Redevelopment Authority
677. Mark C. Minster 651 Seminole Avenue, N.E. Atlanta, Georgia 30307 404/872-2305 Micro-Brewery Research, Inc.

678. Jeff Bickerstaff 1821 Iris Drive Columbus, Georgia 31906 404/327-5363 American Family Life
679. Joyce Carter Stevens 500 Northridge Road Suite 825 Atlanta, Georgia 30350 404/641-4444 Browning-Ferris Industries, Inc.
680. P. Glen Strickland 333 Piedmont Avenue Atlanta, Georgia 30308 404/526-6742 Georgia Power Company
681. Sharon A. Hunt 2786 North Decatur Road Suite 200 Decatur, Georgia 30033 404/299-3559 Georgia Society of Association Executives
682. J. Larry Williams Post Office Box 10235 Tallahassee, Florida 32302 904/224-3043 RJ Reynolds
683. Joe Murray, III 401 N. Main Street Winston Salem, North Carolina 27102 919/777-6377 RJ Reynolds
684. Robert D. Sumner 3400 Peachtree Road, N.E. Suite 1750, Lenox Towers Atlanta, Georgia 30326 404/365-0900 Wimberly, Lawson, Cobb & Leggio
685. R. Eugene Holley 3528 Lost Tree Court Martinez, Georgia 30907 404/863-0595 V.P. of E. Star Cnslts Inc. on Behalf of Middle Ga. Waste, Inc.
686. John P. Stevens Post Office Box 4148 Atlanta, Georgia 30302 404/588-6428 First National Bank of Atlanta First Atlanta Corporation

FRIDAY, FEBRUARY 19, 1988

1077

687. Christine M. Seabrook Suntrust Banks, Inc. Post Office Box 4418 Centercode 630 Atlanta, Georgia 30302 404/827-6195 Risk and Insurance Management Society
Serving as doctor of the day today was Dr. Ralph A. Tillman of Lawrenceville, Georgia.
Senator Kennedy of the 4th moved that the Senate stand in recess until 5:00 o'clock P.M. at which time the Senate would stand adjourned, pursuant to SR 406, adopted previ ously, until 10:00 o'clock A.M. on Monday, February 22.
On the motion, the yeas were 38, nays 0, and the motion prevailed.
At 11:40 o'clock A.M., the President announced that the Senate would stand in recess until 5:00 o'clock P.M. at which time the Senate would stand adjourned, pursuant to SR 406, adopted previously, until 10:00 o'clock A.M. on Monday, February 22.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, February 22, 1988 Thirtieth Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of the proceedings of Friday, Feb ruary 19, had been read and found correct.
Senator Kidd of the 25th moved that the Senate reconsider its action of February 19 in defeating the following bill of the Senate:
SB 398. By Senators Kidd of the 25th, Kennedy of the 4th, Gillis of the 20th and others: A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from the requirements relative to certificate of need re view, so as to exempt certain clinical health services from the requirements rela tive to certificate of need review; to provide for related matters.
On the motion, the yeas were 20, nays 9; the motion prevailed, and SB 398 was recon sidered and placed on the Senate General Calendar.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1736. By Representatives Triplett of the 128th, Pannell of the 122nd, Hamilton of the 124th, Johnson of the 123rd and Mueller of the 126th: A bill to amend an Act incorporating the City of Port Wentworth, so as to change the provisions relative to the election of the mayor and councilmen.
HB 1749. By Representative Chance of the 129th: A bill to amend an Act creating a new charter for the City of Springfield, so as to change the corporate limits of said city.
HB 1751. By Representatives Griffin of the 6th, Foster of the 6th and Ramsey of the 3rd: A bill to amend an Act creating and establishing a charter for the City of Dalton, so as to provide express legislative authority for the conveyance of certain city owned property located in the City of Dalton, Whitfield County, Georgia to Whitfield County.
HB 1757. By Representatives Bargeron of the 108th and Godbee of the 110th: A bill to amend an Act creating the State Court of Burke County, formerly the City Court of Waynesboro, so as to change the compensation of the judge and solicitor of such court; to provide for certain cost-of-living increases.

MONDAY, FEBRUARY 22, 1988

1079

HB 1758. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the judge of the Probate Court of Bulloch County upon an annual salary, so as to change the compensation of the clerk of the judge of the probate court; to provide for part-time employees.
HB 1759. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the clerk of the Superior Court of Bulloch County on an annual salary, so as to change the compensation of the employees of the clerk.
HB 1760. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the sheriff of Bulloch County upon an annual salary, so as to change the compensation of the deputies and office clerk of the sheriff.
HB 1761. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act creating the office of tax commissioner of Bulloch County, so as to change the compensation of the assistants of the tax commissioner; to provide for part-time clerical employees.
HB 1762. By Representatives Barnett of the 59th, Bannister of the 62nd, Pittman of the 60th, Goodwin of the 63rd and Wall of the 61st:
A bill to amend an Act providing for districts for the election of the Board of Education of Gwinnett County, so as to change the method of compensating the board; to change the amount of compensation.
HB 1767. By Representatives Pittman of the 60th, Wall of the 61st, Bannister of the 62nd, Mobley of the 64th and Barnett of the 59th:
A bill to amend an Act providing a new charter for the City of Sugar Hill, so as to change the corporate limits of the city; to provide for maps and descriptions of the corporate boundaries.
HB 1771. By Representatives Aiken of the 21st, Clark of the 20th, Atkins of the 21st, Isakson 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 solicitor; to change the provisions relating to the com pensation of the chief assistant solicitor and the assistant solicitors; to provide an effective date.
HB 1563. By Representatives Coleman of the 118th, Alford of the 57th, Crawford of the 5th, Heard of the 43rd, Carter of the 146th and others:
A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," so as to provide amendments to the definitions; to revise the powers and duties of the Board of Natural Resources as to hazardous waste; to revise the powers and du ties of the director of the Environmental Protection Division as to hazardous waste generally.
HB 1611. By Representatives Moody of the 153rd and Rainey of the 135th:
A bill to amend Code Section 27-4-10 of the Official Code of Georgia Annotated, relating to creel and possession limits, so as to change certain provisions regard ing limits applicable to American shad or Hickory shad.

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HB 1700. By Representatives Colwell of the 4th and McDonald of the 12th:
A bill to amend Code Section 35-2-33 of the Official Code of Georgia Annotated, relating to duties and responsibilities of the Uniform Division of the Department of Public Safety, as said Code section was amended by Senate Bill 417 adopted at the 1988 regular session of the General Assembly, so as to provide that the commissioner of public safety may, and upon the request of the Governor shall, authorize and direct the Uniform Division to provide services to promote and protect the public safety at certain automobile racing events.
HB 1612. By Representative Richardson of the 52nd:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations; Code Section 29-4-6; Code Section 34-9-13; Title 49; Code Section 51-4-2; and Title 53, so as to delete therefrom the words "illegitimate" and "bastard" and derivations of either and substitute words relating to being born out of wedlock.
HB 1594. By Representatives Aiken of the 21st, Clark of the 20th and Atkins of the 21st:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relating to counties, so as to authorize counties to preserve, maintain, and protect abandoned cemeteries.
HB 1731. By Representative Groover of the 99th:
A bill to amend Article 2 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to court reports, so as to change the definition of the term "reports" as it applies to official reports of the decisions of the Supreme Court or the Court of Appeals.
HB 1565. 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 change the provisions relat ing to the sale of business opportunities; to provide for the Secretary of State to be the agent for service of process; to provide that multilevel distribution compa nies shall be regulated in the same manner as companies which sell business opportunities.
HB 1662. By Representatives Lawler of the 20th, Cummings of the 17th and Buck of the 95th:
A bill to amend Article 4 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to reckless conduct, so as to make it unlawful to endanger or denigrate another person as a precondition of joining a school organization.
HB 1732. By Representative Groover of the 99th:
A bill to amend Chapter 12 of Title 36 of the Official Code of Georgia Annotated, relating to supervision, support, and interment of indigent persons, so as to change provisions relating to interment of deceased indigents and payment therefor.
HB 1657. By Representative Pettit of the 19th:
A bill to amend Code Section 36-1-22 of the Official Code of Georgia Annotated, relating to the authority of counties to levy, assess, and collect business and occu pational license taxes and license fees, so as to provide criteria upon which such taxes or fees may be levied, assessed, and collected.

MONDAY, FEBRUARY 22, 1988

1081

SB 432. By Senator Barnes of the 33rd: A bill to amend Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to state courts of counties, so as to create The Council of State Court Judges of Georgia; to provide for the council's composition; to provide for officers and an executive committee; to provide for the organization and administration of the council; to provide for the responsibilities of the council.
HB 1566. By Representatives Workman of the 51st and Watson of the 114th: A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Securities Act of 1973," so as to provide for the regulation of the investment advisory business; to provide for definitions; to provide for the registration of investment advisers and investment adviser representatives.
HB 1660. By Representatives Porter of the 119th, Jackson of the 9th, Lawson of the 9th, Benefield of the 72nd and Smyre of the 92nd: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide the extent to which a person must be under the influence of alcohol or drugs while operating a motor vehicle in order to be in violation of the law.
The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
HR 794. By Representative Ramsey of the 3rd: A resolution designating the B. T. Parks Memorial Bridge.
HR 800. By Representatives Triplett of the 128th, Hamilton of the 124th, Pannell of the 122nd, Johnson of the 123rd, Kingston of the 125th and others: A resolution designating the Benjamin M. Garfunkel Bridge.
SR 247. By Senators Broun of the 46th and Kidd of the 25th: A resolution proposing an amendment to the Constitution so as to remove the Attorney General from the commission which reviews felony indictments against certain public officials and from the Georgia State Financing and Investment Commission and from the committee which prepares the official summary of all proposed constitutional amendments and to provide for a replacement member on such bodies; to provide for the submission of this amendment for ratification or rejection.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 419. By Senators Broun of the 46th and Kidd of the 25th: A bill to amend the Official Code of Georgia Annotated so as to remove the At torney General from being a member of certain commissions, committees, au thorities, boards, and other public bodies; to provide for a replacement member to such; to provide for related matters.
The House has agreed to the Senate substitute to the following bill of the House:
HB 1511. By Representatives Lane of the 27th, Selman of the 32nd, Davis of the 29th, Adams of the 36th, Greer of the 39th and others: A bill to provide an exemption for the full value of the homestead from all ad valorem taxes levied for Fulton County government purposes for each resident of

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Fulton County who is 70 years of age or over or disabled if the resident's gross income together with the gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committee:
SB 669. By Senator Kidd of the 25th:
A bill to amend an Act creating a new board of commissioners of Jones County, as amended, so as to change certain provisions relating to purchases and bids; to change the provisions relating to advertisement of purchases; to except the purchase of professional services from certain requirements of law. Referred to Committee on Urban and County Affairs.
SB 670. By Senator Kidd of the 25th: A bill to amend an Act creating a new board of commissioners of Jones County, as amended, so as to authorize the board of commissioners to lease certain county owned property.
Referred to Committee on Urban and County Affairs.
SB 671. By Senators Harrison of the 37th, Newbill of the 56th, Barnes of the 33rd and Ragan of the 32nd:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 672. By Senator Baldwin of the 29th: A bill to amend an Act creating a Board of Commissioners for Troup County, as amended, so as to provide for meetings of said board; to provide for a quorum for said meetings.
Referred to Committee on Urban and County Affairs.
SR 407. By Senator Broun of the 46th: A resolution creating the University System Laboratory, Equipment, Rehabilita tion Technology, and Eminent Scholars Endowment Study Committee.
Referred to Committee on Higher Education.
SR 408. By Senators Peevy of the 48th, Barnes of the 33rd, Edge of the 28th and Walker of the 43rd: A resolution creating the Senate Petroleum Marketing Study Committee.
Referred to Committee on Industry and Labor.
SR 409. By Senator Stumbaugh of the 55th: A resolution directing the Senate Committee on Insurance to study the feasibility of establishing a state health insurance pool.
Referred to Committee on Insurance.

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1083

The following bills and resolutions of the House were read the first time and referred to committees:
HB 1563. By Representatives Coleman of the 118th, Alford of the 57th, Crawford of the 5th and others:
A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," so as to provide amendments to the definitions; to revise the powers and duties of the Board of Natural Resources as to hazardous waste; to revise the powers and du ties of the director of the Environmental Protection Division as to hazardous waste generally. Referred to Committee on Natural Resources.
HB 1565. 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 change the provisions relat ing to the sale of business opportunities; to provide for the Secretary of State to be the agent for service of process; to provide that multilevel distribution compa nies shall be regulated in the same manner as companies which sell business opportunities. Referred to Committee on Industry and Labor.
HB 1566. By Representatives Workman of the 51st and Watson of the 114th:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Securities Act of 1973," so as to provide for the regulation of the investment advisory business; to provide for definitions; to provide for the registration of investment advisers and investment adviser representatives. Referred to Committee on Banking and Finance.
HB 1594. By Representatives Aiken of the 21st, Clark of the 20th and Atkins of the 21st:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relating to counties, so as to authorize counties to preserve, maintain, and protect abandoned cemeteries. Referred to Committee on Urban and County Affairs (General).
HB 1611. By Representatives Moody of the 153rd and Rainey of the 135th:
A bill to amend Code Section 27-4-10 of the Official Code of Georgia Annotated, relating to creel and possession limits, so as to change certain provisions regard ing limits applicable to American shad or Hickory shad. Referred to Committee on Natural Resources.
HB 1612. By Representative Richardson of the 52nd:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations; Code Section 29-4-6; Code Section 34-9-13; Title 49; Code Section 51-4-2; and Title 53, so as to delete therefrom the words "illegitimate" and "bastard" and derivations of either and substitute words relating to being born out of wedlock. Referred to Committee on Judiciary.
HB 1657. By Representative Pettit of the 19th:
A bill to amend Code Section 36-1-22 of the Official Code of Georgia Annotated, relating to the authority of counties to levy, assess, and collect business and occu-

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pational license taxes and license fees, so as to provide criteria upon which such taxes or fees may be levied, assessed, and collected. Referred to Committee on Banking and Finance.
HB 1660. By Representatives Porter of the 119th, Jackson of the 9th, Lawson of the 9th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide the extent to which a person must be under the influence of alcohol or drugs while operating a motor vehicle in order to be in violation of the law. Referred to Committee on Judiciary.
HB 1662. By Representatives Lawler of the 20th, Cummings of the 17th and Buck of the 95th:
A bill to amend Article 4 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to reckless conduct, so as to make it unlawful to endanger or denigrate another person as a precondition of joining a school organization. Referred to Committee on Higher Education.
HB 1700. By Representatives Colwell of the 4th and McDonald of the 12th:
A bill to amend Code Section 35-2-33 of the Official Code of Georgia Annotated, relating to duties and responsibilities of the Uniform Division of the Department of Public Safety, as said Code section was amended by Senate Bill 417 adopted at the 1988 regular session of the General Assembly, so as to provide that the commissioner of public safety may, and upon the request of the Governor shall, authorize and direct the Uniform Division to provide services to promote and protect the public safety at certain automobile racing events. Referred to Committee on Public Safety.
HB 1731. By Representative Groover of the 99th:
A bill to amend Article 2 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to court reports, so as to change the definition of the term "reports" as it applies to official reports of the decisions of the Supreme Court or the Court of Appeals. Referred to Committee on Judiciary.
HB 1732. By Representative Groover of the 99th:
A bill to amend Chapter 12 of Title 36 of the Official Code of Georgia Annotated, relating to supervision, support, and interment of indigent persons, so as to change provisions relating to interment of deceased indigents and payment therefor. Referred to Committee on Judiciary.
HR 794. By Representative Ramsey of the 3rd:
A resolution designating the B. T. Parks Memorial Bridge. Referred to Committee on Transportation.
HR 800. By Representatives Triplett of the 128th, Hamilton of the 124th, Pannell of the 122nd and others:
A resolution designating the Benjamin M. Garfunkel Bridge. Referred to Committee on Transportation.

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1085

HB 1736. By Representatives Triplett of the 128th, Pannell of the 122nd, Hamilton of the 124th and others:
A bill to amend an Act incorporating the City of Port Wentworth, so as to change the provisions relative to the election of the mayor and councilmen. Referred to Committee on Urban and County Affairs.
HB 1749. By Representative Chance of the 129th:
A bill to amend an Act creating a new charter for the City of Springfield, so as to change the corporate limits of said city. Referred to Committee on Urban and County Affairs.
HB 1751. By Representatives Griffin of the 6th, Foster of the 6th and Ramsey of the 3rd:
A bill to amend an Act creating and establishing a charter for the City of Dalton, so as to provide express legislative authority for the conveyance of certain city owned property located in the City of Dalton, Whitfield County, Georgia to Whitfield County. Referred to Committee on Urban and County Affairs.
HB 1757. By Representatives Bargeron of the 108th and Godbee of the 110th:
A bill to amend an Act creating the State Court of Burke County, formerly the City Court of Waynesboro, so as to change the compensation of the judge and solicitor of such court; to provide for certain cost-of-living increases. Referred to Committee on Urban and County Affairs.
HB 1758. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the judge of the Probate Court of Bulloch County upon an annual salary, so as to change the compensation of the clerk of the judge of the probate court; to provide for part-time employees. Referred to Committee on Urban and County Affairs.
HB 1759. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the clerk of the Superior Court of Bulloch County on an annual salary, so as to change the compensation of the employees of the clerk. Referred to Committee on Urban and County Affairs.
HB 1760. By Representatives Lane of the lllth and Godbee of the 110th: A bill to amend an Act placing the sheriff of Bulloch County upon an annual salary, so as to change the compensation of the deputies and office clerk of the sheriff.
Referred to Committee on Urban and County Affairs.
HB 1761. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act creating the office of tax commissioner of Bulloch County, so as to change the compensation of the assistants of the tax commissioner; to provide for part-time clerical employees. Referred to Committee on Urban and County Affairs.

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HB 1762. By Representatives Barnett of the 59th, Bannister of the 62nd, Pittman of the 60th and others: A bill to amend an Act providing for districts for the election of the Board of Education of Gwinnett County, so as to change the method of compensating the board; to change the amount of compensation.
Referred to Committee on Urban and County Affairs.
HB 1767. By Representatives Pittman of the 60th, Wall of the 61st, Bannister of the 62nd and others: A bill to amend an Act providing a new charter for the City of Sugar Hill, so as to change the corporate limits of the city; to provide for maps and descriptions of the corporate boundaries.
Referred to Committee on Urban and County Affairs.
HB 1771. By Representatives Aiken of the 21st, Clark of the 20th, Atkins 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 solicitor; to change the provisions relating to the com pensation of the chief assistant solicitor and the assistant solicitors; to provide an effective date.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Children and Youth has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 395. Do pass. HB 1306. Do pass. HB 1509. Do pass.
Respectfully submitted, Senator Barker of the 18th District, Chairman
Mr. President:
The Committee on Natural Resources has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1597. Do pass by substitute. HB 1460. Do pass by substitute. HB 1411. Do pass as amended.
Respectfully submitted, Senator Gillis of the 20th District, Chairman
Mr. President:
The Committee on Urban and County Affairs has had under consideration the following

MONDAY, FEBRUARY 22, 1988

1087

bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 659. Do pass.

HB 1585. Do pass.

SB 660. Do pass.

HB 1688. Do pass.

SB 661. Do pass.

HB 1734. Do pass.

SB 666. Do pass.

HB 1735. Do pass.

HB 1513. Do pass.

HB 1741. Do pass.

HB 1584. 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 538. By Senators Stumbaugh of the 55th, McKenzie of the 14th, Crumbley of the 17th and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to define certain terms; to provide proce dures for the cancellation of the contractual relationship between insurance com panies and insurance agents; to provide for notices; to provide exceptions to the notice requirement.

SB 589. By Senator Perry of the 7th:
A bill to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, so as to authorize certain corporate surety insur ers to guarantee certain consumer warranty agreements; to provide for related matters.

SB 601. By Senator Baldwin of the 29th:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, so as to provide that group conversion policies and major medical policies may contain a provision relating to insurance with other insurers.

SB 642. By Senator McGill of the 24th:
A bill to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Dairy Act of 1980," so as to provide that cer tain acts shall be unlawful; to prohibit the use or possession of certain cans, con tainers, or cases under certain conditions; to change the provisions relating to penalties for violations of such article.

SB 647. By Senator Walker of the 43rd:
A bill to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to prohibit fraudulent purchasing or attempting to purchase residential property; to prohibit certain false statements, failure to disclose certain information, impersonation, and other fraudulent schemes or devices; to provide for penalties.

SB 648. 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, the "Fair Business Practices Act of 1975," so as to change the provisions regarding unfair or deceptive acts which are unlawful; to eliminate the requirement for notice when certain temporary restraining orders are sought;

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to eliminate the requirement for a written demand for relief in certain private actions for equitable relief.
SB 649. By Senator Walker of the 43rd:
A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations of actions, so as to provide that certain asbestos actions shall be revived; to provide for the extension of the applicable limitation of actions for certain asbestos actions; to provide for statu tory construction; to except certain asbestos actions from the limitation.
SB 658. By Senator Deal of the 49th:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motor vehicle insurance coverage, so as to provide that un insured and underinsured motor vehicle liability insurance coverage shall not be added or stacked together in determining available coverage to injured persons; to provide exceptions; to provide for reduced premium rates.
SB 667. By Senator English of the 21st:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to provide addi tional legislative intent; to provide amendments to the definitions; to revise the powers and duties of the Board of Natural Resources as to solid waste; to revise the powers and duties of the director of the Environmental Protection Division as to solid waste generally.
SR 396. By Senators Turner of the 8th and Timmons of the llth:
A resolution proposing an amendment to the Constitution so as to provide that general Acts of the General Assembly causing an increase in expenditures by counties or municipalities shall not become effective until the first day of Janu ary following their enactment and to authorize the General Assembly to provide for procedures for estimating fiscal impact and to provide for exemptions; to pro vide for the submission of this amendment for ratification or rejection.
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.
HB 308. By Representatives Wood of the 9th, Phillips of the 120th, Jackson of the 9th and others:
A bill to amend Code Section 12-5-23 of the Official Code of Georgia Annotated, relating to the powers and duties of the Environmental Protection Division of the Department of Natural Resources relative to the control of water pollution, so as to repeal a provision relating to marine toilets; to amend Article 1 of Chap ter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Geor gia Boat Safety Act", so as to provide for definitions of the terms "discharged", "marine toilet", "sewage", and "sole state waters".
HB 862. By Representative Colbert of the 23rd:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act", so as to restrict the

MONDAY, FEBRUARY 22, 1988

1089

issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining municipality or county under certain circumstances.
HB 1297. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Adminis trative Services, so as to change certain provisions relating to the provision of administrative services to local political subdivisions; to provide for a reserve fund to be used for the purchase of certain equipment.
HB 1414. By Representative Beck of the 148th:
A bill to amend Code Section 45-7-92 of the Official Code of Georgia Annotated, relating to oath, salary, expenses, and meetings of members of the State Commis sion on Compensation, so as to change the salary of the members of the commission.
HB 1449. By Representatives Goodwin of the 63rd, Jackson of the 9th, Carter of the 146th, McDonald of the 12th, Crosby of the 150th and others:
A bill to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," so as to provide that it shall be unlawful to induce the buyer of a motor vehicle under a retail installment contract or the lessee of a motor vehicle under a lease contract to sublease such motor vehicle without the written consent of the holder of the re tail installment contract or the lessor under the lease contract.
HB 1475. By Representatives Thomas of the 69th, Cummings of the 17th and Murphy of the 18th:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to provide for the appointment of certain persons solely for the enforcement of such laws; to pro vide for discretion of the appointing authority; to provide for qualifications; to provide for an oath; to provide that persons appointed shall not be deemed peace officers.
HB 1483. By Representatives Coleman of the 118th and Buck of the 95th:
A bill to amend Code Section 20-3-511 of the Official Code of Georgia Annotated, providing for the secretary of the State Medical Education Board, so as to abol ish the office of secretary of that board to employ instead an executive director and to provide for the duties, responsibilities, and compensation of the executive director.
HB 1490. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide an expiration date for licenses of surplus line brokers; to provide annual fees of agents, solicitors, brokers, counsel ors, and adjusters; to provide fees for agent status or clearance letters; to provide annual license fees for the sale of variable annuity contracts or variable life insur ance contracts.

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HB 1492. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
A bill to amend Code Section 33-1-2 of the Official Code of Georgia Annotated, relating to definitions of terms regarding insurance, so as to include health care plans within the definition of insurer.
HB 1543. By Representatives Walker of the 115th, Reaves of the 147th, Coleman of the 118th, Crawford of the 5th and Ramsey of the 155th:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide that the director or his designee shall issue permits for withdrawal and diversion of surface waters and ground waters for farm uses; to provide that such permits must be issued for farm uses occur ring prior to the effective date of this Act when applications relating thereto are submitted prior to July 1, 1991.
HB 1546. By Representatives Watson of the 114th, Wood of the 9th, Groover of the 99th, Ware of the 77th, Dunn of the 73rd and others:
A bill to amend Code Section 45-9-1 of the Official Code of Georgia Annotated, relating to purchase of liability insurance, etc., for public officers or employees generally, so as to change the definition of the term "agency"; to provide that foster parents duly appointed and approved by the Department of Human Re sources shall be considered to be state employees or officials for certain purposes.
HB 1596. By Representatives Rainey of the 135th, Moody of the 153rd, Hasty of the 8th, Peters of the 2nd and Watts of the 41st:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the "Georgia Boat Safety Act," so as to change the defini tion of a personal flotation device.
HB 1622. By Representative Dunn of the 73rd:
A bill to amend Code Section 20-2-892 of the Official Code of Georgia Annotated, relating to contributions by employees, state and local employers, and withhold ing or deducting employees' contributions, so as to change the method of com puting the local employer's share of contributions to the health insurance fund.
HB 1623. By Representative Dunn of the 73rd:
A bill to amend Code Section 45-18-14 of the Official Code of Georgia Annotated, relating to deductions from compensation and benefits of share of cost of cover age under health insurance plan of state employees and payment of contributions to health insurance fund by departments, boards, and agencies of state govern ment, so as to change the method of computing contributions.
HR 619. By Representatives Alford of the 57th, Athon of the 57th, Dobbs of the 74th and others:
A resolution creating the Big Haynes and Alcovy Watershed Protection Study Committee.
HR 626. By Representative Lane of the 27th:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize the issuance of temporary loans on behalf of special service districts.

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1091

HR 747. By Representatives Connell of the 87th, Ransom of the 90th, Padgett of the 86th and others:
A resolution designating the Savannah River Scenic Highway.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Barnes Bwen Brannon BnBCoruylreat. omnntan Coverdell
Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris HTHHJaoi.nrwreiasrodn Hudgins
Huggins Johnson Kennedy Kidd Land Langford

McGill McKenzie Newbill Olmstead Phillips Ragan of 32nd ^ SaSQccoo.tt.tt ooeff, 20,,3n6,,dt,,h Shumake
btarr Stumbaugh Taylor Turner Tysinger Walker

Those not answering were Senators:

Broun Peevy

Perry Ragan of 10th

Tate (excused) Timmons (excused)

Senator Coverdell of the 40th introduced the chaplain of the day, Father Richard A. Kieran, of Cathedral of Christ the King, Atlanta, Georgia, who offered scripture reading and prayer.

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Monday, February 22, 1988
THIRTIETH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 659 Timmons, llth Seminole County
Provides for compensation of treasurer of county; provides an effective date.

SB 660 Timmons, llth Seminole County
Abolishes office of county treasurer of county; repeals conflicting laws.

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SB 661 Olmstead, 26th Barker, 18th Harris, 27th
Defines the term "compensation" for the "Macon-Water Commissioners' Plan"; increases the retirement benefits from 1 Vii % of final average monthly earnings times years of service.
SB 666 Burton, 5th Tysinger, 41st Howard, 42nd Walker, 43rd Stumbaugh, 55th City of Lithonia DeKalb County
Changes provisions relating to filling vacancies in the office of mayor and council; provides for related matters; provides an effective date.
HB 1513 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th Newbill, 56th Fulton County
Burton, 5th Tysinger, 41st Howard, 42nd Walker, 43rd Stumbaugh, 55th DeKalb County
Starr, 44th Crumbley, 17th Clayton County
Peevy, 48th Phillips, 9th Gwinnett County
Changes which entities may enter into rapid transit contracts; provides for transportation services contracts between the "Metropolitan Atlanta Rapid Transit Authority" and political subdivisions of the state and other entities and provides for conditions and procedures relating thereto.
HB 1584 Burton, 5th Tysinger, 41st Howard, 42nd Walker, 43rd Stumbaugh, 55th DeKalb County
Creates the State Court of county; provides for the compensation of the judges of the court.

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HB 1585 Burton, 5th Tysinger, 41st Howard, 42nd Walker, 43rd Stumbaugh, 55th DeKalb County
Creates the State Court of county; provides for the appointment of deputy clerks; provides for related matters.

HB 1688 Burton, 5th Tysinger, 41st Howard, 42nd Walker, 43rd Stumbaugh, 55th DeKalb County
Provides for the creation of the Lenox Park Community Improvement Dis trict in unincorporated DeKalb County; provides for a short title.

HB 1734 Burton, 5th Tysinger, 41st Howard, 42nd Walker, 43rd Stumbaugh, 55th DeKalb County
Makes provisions for the Magistrate Court of county; changes provisions re lating to compensation of Chief Magistrate.

HB 1735 Dawkins, 45th Walton County
Changes name of the Walnutgrove-Youth Water Authority; provides for membership of the authority.

HB 1741 Harris, 27th City of Culloden Monroe County
Provides for election of city council members from districts by residents of such districts.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Bryant Burton Coverdell

Crumbley Dawkins Deal Echols Edge English Engram Fincher Foster

Garner Gillis Harris Harrison Howard Hudgins Huggins Kennedy Kidd

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McGill McKenzie Newbill Olmstead
Peevy

Perry Ragan of 10th Scott of 2nd Scott of 36th
Stumbaugh

Taylor Turner
Tysmger Walker

Those not voting were Senators:

Bowen Broun Coleman Dean Hine

Johnson Land Langford Phillips Ragan of 32nd

Ray Shumake Starr Tate (excused) Timmons (excused)

On the passage of all the local bills, the yeas were 41, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

Senator Scott of the 2nd moved that the following bill of the House be withdrawn from the Senate Committee on Urban and County Affairs (General) and committed to the Senate Committee on Public Utilities:

HB 1284. By Representative Steinberg of the 46th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone services, generally, so as to prohibit ac cess to the use of certain telephone numbers when solicitations to call such num bers are made with certain automated dialing equipment; to make it unlawful to solicit calls to certain telephone numbers through the use of certain automated dialing equipment.

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 1284 was with drawn from the Senate Committee on Urban and County Affairs (General) and committed to the Senate Committee on Public Utilities.

SENATE RULES CALENDAR
Monday, February 22, 1988
THIRTIETH LEGISLATIVE DAY
SB 558 Trademarks--cities, counties register (U&CA G--42nd) SB 621 Minor Seeking Abortion--notarized statement by parent (Substitute) (S
Judy--22nd) SB 564 Contributions to Campaigns or Public Officer Recall--provisions (Substitute)
(Gov Op--25th)
SR 363 College Faculty--instruct periodically in public schools (Amendment) (H Ed--16th)
HB 1639 Jackson County Superior Court--terms (Judy--47th) HB 1218 Certain Counties--date for bond elections (Gov Op--25th)
HB 1425 Charges Relating to Public Office--include municipal governing authority mem bers (S Judy--17th)
HB 1234 Public Service Commission--deregulate services of telecommunications compa nies (Substitute) (Pub U--2nd)
HB 1435 Investment by Executor--define prudent person (B&F--15th)

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SR 367 Gordon County--conveyance of certain state property (Pub U--51st)
SB 495 Workers' Compensation--employer receive credit for benefits paid (Substitute) (S Judy--33rd)
HB 1536 Certain Commitments to Lend Money--in writing (B&F--15th)
SB 462 Emergency Medical Technician--utilizing automatic defibrillators (Hum R--21st)
HB 1417 Income Tax Administration and Enforcement--revise provisions (B&F--45th)
HB 1418 Fiduciary--pay estimated tax same manner as individuals (B&F--45th)
HB 1237 Master Therapeutic Recreation Specialist--educational requirements (Gov Op--25th)
HB 1302 Professional Corporation Shareholder--must be active practitioner (S Judy--28th)
HB 1365 State Property--General Assembly approval certain authorities to sell (Substi tute) (Pub U--41st)
HB 1046 Employees' Retirement--Environmental Facilities Authority employees members (Ret--44th)
HB 1324 Charitable Organizations, Solicitations--amend laws (Substitute) (C Aff--45th)
SB 573 "Paramedic"--substitute term for advanced emergency medical technician (Sub stitute) (Hum R--33rd)
HB 34 Burning of Woods, Lands, Marshes, Etc.--permit required (Amendment) (Nat R--20th)
SB 610 Petition for Writ of Possession--form of summons (Judy--42nd)
HB 1071 Employees' Retirement System--definition of employee (Ret--44th)
HB 1294 Visitation Rights--noncustodial parent provide information on residence (C&Y--5th)
HB 1352 Board of Accountancy--committees to assist (Gov Op--25th)
SB 626 Board of Commissioners, Counties Over 550,000--additional compensation (Gov Op--56th)
Respectfully submitted,
/s/ Nathan Dean Dean of the 31st, Chairman Senate Rules Committee
Senator Walker of the 43rd moved that the following bill of the Senate be taken from the Table and put upon its passage:
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.
On the motion, the yeas were 33, nays 2; the motion prevailed, and SB 365 was taken from the Table and placed at the foot of the Senate Rules Calendar for today.

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The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 558. By Senators Howard of the 42nd and Stumbaugh of the 55th:
A bill to amend Part 1 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration and use of trademarks and service marks, so as to authorize counties and municipalities to have registered their own service marks; to provide for liquidated damages for certain infringements of reg istered trademarks and service marks.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the 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 Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

Engram Fincher Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Kennedy Kidd Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Bowen English Howard

Johnson Land

Tate (excused) Timmons (excused)

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 621. By Senators Allgood of the 22nd, Kennedy of the 4th, Bryant of the 3rd and others:
A bill to amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to parental notification of abortion on an unemancipated mi nor, so as to provide that a minor seeking an abortion shall furnish a notarized statement signed by a parent or guardian attesting that such parent or guardian has been notified that an abortion is to be performed on such minor.

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The Senate Committee on Special Judiciary offered the following substitute to SB 621:
A BILL
To be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and certain parental rights, so as to provide that a minor seeking an abortion shall furnish a statement signed by a parent or guardian stating that such parent or guardian has been notified that an abortion is to be performed on such minor; to provide for notice to be given orally by a physician or agent to the parent or guardian of a minor of a pending abortion; to provide for written notice by a physician or agent to the parent or guardian of a minor of a pending abortion and the procedures con nected therewith; to provide for waiver of parental notification where the juvenile court finds that the minor is mature and well informed enough to make intelligently the abortion decision without the participation of her parents or guardian; to provide that the failure of the juvenile court to conduct a hearing within the time prescribed after the filing of the petition shall constitute a granting of the petition; to provide that the juvenile court shall assist the minor in preparing notices and petitions contemplated by this article; to provide that if the juvenile court shall fail to render its decision within 72 hours after the hearing on the petition then the petition shall be deemed granted; to provide for the sealing of juvenile court records; to change certain provisions with respect to certain reliance upon certain rep resentations by certain health care providers; to change certain provisions with respect to criminal or civil liability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and certain parental rights, is amended by striking Article 3, relating to the "Parental Notification Act," and inserting in its place a new Article 3 to read as follows:
"ARTICLE 3
15-11-110. This article shall be known and may be cited as the 'Parental Notification Act.'
15-11-111. As used in this article, the term:
(1) 'Abortion' means the intentional termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus.
(2) 'Unemancipated minor' means any person under the age of 18 who is not or has not been married or who is under the care, custody, and control of such person's parent or parents, guardian, or the juvenile court of competent jurisdiction."
15-11-112. (a) No physician or other person shall perform an abortion upon an unemancipated minor under the age of 18 years unless:
(1) (A) The minor seeking an abortion shall furnish a statement, signed by a parent or guardian and such minor, stating that such parent or guardian is the lawful parent or guard ian of such minor and that such parent or guardian has been notified that an abortion is to be performed on such minor; or
(B) The physician or an agent gives at least 24 hours' actual notice, in person or by telephone, to a parent or guardian of the minor, of the pending abortion and the name and address of the place where the abortion is to be performed; provided, however, that, if the person so notified expresses that he or she does not wish to consult with the minor, then the abortion may proceed immediately; or
(C) The physician or an agent gives written notice of the pending abortion and the address of the place where the abortion is to be performed, sent by regular mail, addressed to a parent or guardian of the minor at the usual place of abode of the parent or guardian. The abortion may proceed upon delivery of the notice. Unless proof of delivery is otherwise sooner established, such notice shall be deemed delivered 72 hours after mailing. The time

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of mailing shall be recorded by the physician or agent in the minor's file. The abortion may be performed 24 hours after the delivery of the notice; provided, however, that, if the person so notified expresses that he or she does not wish to consult with the minor, then the abor tion may proceed immediately; and
(2) The minor signs a consent form stating that she consents, freely and without coer cion, to the abortion.
(b) If the unemancipated minor elects not to comply with the notification requirement of subparagraph (a)(l)(A), (a)(l)(B), or (a)(l)(C) of this Code section, or if the parent, legal guardian, or person standing in loco parentis of such minor cannot be located, such minor may petition, on such minor's own behalf or by next friend, any juvenile court in the state for a waiver of such requirement pursuant to the procedures provided for in Code Section 15-11-114. Such juvenile court shall assist the minor or next friend in preparing the petition and notices required pursuant to this Code section. Venue shall be lawful in any county, notwithstanding Code Section 15-11-15.
15-11-113. Notwithstanding Code Sections 15-11-24 through 15-11-26, the unemanci pated minor or next friend shall be notified of the date, time, and place of the hearing in such proceedings at the time of filing the petition. The hearing shall be held within three days of the date of filing, excluding Saturdays, Sundays, and holidays. The parents or guardian or person standing in loco parentis of the unemancipated minor shall not be served with the petition or with a summons or otherwise notified of the proceeding. If a hearing is not held within the time prescribed in this Code section, the petition shall be deemed granted.
15-11-114. (a) An unemancipated minor may participate in proceedings in the court on such minor's own behalf and the court shall advise such minor of the right to court ap pointed counsel and shall provide such minor with such counsel upon request or if such minor is not already adequately represented.
(b) All court proceedings under this Code section shall be conducted in a manner to preserve the anonymity of the parties and shall be given such precedence over other pend ing matters as is necessary to ensure that a decision is reached by the court as expeditiously as is possible under the circumstances of the case.
(c) The notification requirement of subparagraph (a)(l)(A), (a)(l)(B), or (a)(l)(C) of Code Section 15-11-112 shall be waived if the court finds either:
(1) That the unemancipated minor is mature and well informed enough to make intelli gently the abortion decision in consultation with her physician, but without the participa tion of her parents or guardian; or
(2) That the notice to a parent or, if the minor is subject to guardianship, the legal guardian or person standing in loco parentis pursuant to Code Section 15-11-112 would not be in the best interests of the minor.
(d) A court that conducts proceedings under this Code section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order that a record of the evidence be maintained. The juvenile court shall render its decision within 72 hours of the conclusion of the hearing and a certified copy of same shall be furnished imme diately to the minor. If the juvenile court fails to render its decision within 72 hours after the conclusion of the hearing, then the petition shall be deemed granted. All juvenile court records shall be sealed in a manner which will preserve anonymity but such records shall be cross-indexed so as to allow retrieval only upon appropriate order by a court of competent jurisdiction.
(e) An expedited appeal preserving the anonymity of the parties shall be available to any unemancipated minor to whom the court denies a waiver of notice. The appellate courts are authorized and requested to issue promptly such rules as are necessary to preserve ano nymity and to ensure the expeditious disposition of procedures provided by this Code section.

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(f) No filing fees shall be required of any unemancipated minor who uses the procedures provided by this Code section.
15-11-115. The requirements and procedures of this article shall apply to all unemanci pated minors within this state whether or not such persons are residents of this state.
15-11-116. This article shall not apply when, in the best clinical judgment of the attend ing physician on the facts of the case before him, a medical emergency exists that so compli cates the condition of the minor as to require an immediate abortion. A person who per forms an abortion as a medical emergency under the provisions of this Code section shall certify in writing the medical indications on which this judgment was based when filing such reports as are required by law.
15-11-117. Any physician or any person employed or connected with a physician, hospi tal, or health care facility performing abortions who acts in good faith shall be justified in relying on the representations of the unemancipated minor or any other person providing the information required under this article. No physician or other person who furnishes professional services related to an act authorized or required by this article and who relies upon the information furnished pursuant to this article shall be held to have violated any criminal law or to be civilly liable for such reliance, provided that the physician or other person acted in good faith.
15-11-118. Any person who violates the provisions of this article shall be guilty of a misdemeanor."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senators Crumbley of the 17th and Allgood of the 22nd offered the following amendment:
Amend the substitute to SB 621 offered by the Senate Committee on Special Judiciary by deleting lines 1 through 3 on page 8 and inserting:
"This Act shall become effective on July 1, 1988."
On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.
Senator Deal of the 49th offered the following amendment:
Amend the substitute to SB 621 offered by the Senate Committee on Special Judiciary by inserting in line 26 on page 1 between the semicolon following the word "providers" and the word "to" the following:
"to provide for the support of certain children;".
By redesignating Code Section 15-11-118, where the same appears in lines 32 and 33 on page 7, as Code Section 15-11-119 and by adding immediately following line 31 on page 7 a new Code Section 15-11-118 to read as follows:
"15-11-118. When an unemancipated minor gives birth to a child, the parents or legal guardian of such unemancipated minor and the parents or legal guardian of the putative father shall have equal legal responsibility with the unemancipated minor and the putative father for the care and support of the child, as provided in Code Section 19-7-2, provided the putative father is also an unemancipated minor."
On the adoption of the amendment, the yeas were 14, nays 31, and the amendment was lost.

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On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to 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
Bryant CBoulretomnan Coverdell
Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harr!s Hamson Hme HHuodwgairnds Huggins
Johnson Kennedy Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd R f"caoytttt o,f,,2nd, Scott of 36th
Starr Stumbaugh Taylor Turner Tysinger Walker

Voting in the negative was Senator Shumake.

Not voting were Senators Tate (excused) and Timmons (excused).

On the passage of the bill, the yeas were 53, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bill of the Senate, having been read the third time on February 5, 1988, and committed to the Senate Committee on Governmental Operations, favorably re ported by the committee, committed to the Senate Committee on Governmental Operations on February 15, and favorably reported by the committee, was put upon its passage:

SB 564. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to change the definition of a certain term; to change the provisions relating to contributions made to candi date or campaign committee or for recall of a public officer; to change the provi sions relating to the campaign committee treasurer.

The Senate Committee on Governmental Operations offered the following substitute to SB 564:

A BILL
To be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to change the provisions relat ing to contributions made to candidate or campaign committee or for recall of a public

MONDAY, FEBRUARY 22, 1988

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officer; to change the provisions relating to the campaign committee treasurer; to provide certain duties for a candidate who does not have a campaign committee; to change the pro visions relating to contributions or expenditures other than through a candidate or cam paign committee; to change the provisions relating to campaign contribution disclosure re ports; to provide that certain candidates for county office and certain candidates for municipal office shall not be required to file campaign contribution disclosure reports; to change certain provisions relating to reporting dates with respect to financial disclosure statements of public officers and candidates for public office; to change certain provisions relating to periods of time covered by such financial disclosure statements; to change the provisions relating to the filing of financial disclosure statements by candidates for public office; to provide for nonapplicability to public officers who do not seek election to the same or any other public office; to provide that a person who qualifies as a candidate for a county office shall file a financial disclosure statement with the election superintendent of the county; to provide that a person who qualifies as a candidate for a municipal office shall file a financial disclosure statement with the municipal clerk or, if there is no clerk, with the chief executive officer of such municipality; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," is amended by striking in its entirety Code Section 21-5-30, relating to contributions made to candidate, or campaign committee or for recall of a public officer, and inserting in lieu thereof a new Code Section 21-5-30 to read as follows:
"21-5-30. (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 candidate or such candidate's campaign committee which is organized for the purpose of bringing about the nomination or election of any such candidate; and no contributions to bring about the recall of a public officer or to oppose the recall of a public officer or to bring about the approval or rejection by the voters of a 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 maintain records and file reports as required by this chapter or shall have a campaign committee for the purposes of maintaining records and filing reports as required by this chapter. Every campaign committee shall have a chairperson and a trea surer, except that the candidate may serve as the chairperson and treasurer. Before a cam paign committee accepts contributions, the name and address of the chairperson and trea surer 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 commit tee at a time when there is a vacancy in the office of chairperson or treasurer of the cam paign committee.
(c) Contributions of money received pursuant to subsection (a) of this Code section shall be deposited in the separate campaign depository account opened and maintained by the candidate or 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.
(e) The making and acceptance of anonymous contributions are prohibited. Any anony mous contributions received by a candidate or campaign committee shall be transmitted to the director of the Fiscal Division of the Department of Administrative Services for deposit

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in the state treasury, and the fact of such contribution and transmittal shall be reported to the commission.
(f) A person acting on behalf of a public utility corporation regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political campaign."
Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-5-31, relating to contributions or expenditures other than through a candi date or campaign committee, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any person who accepts contributions for, makes contributions to, or makes ex penditures on behalf of candidates is subject to the same disclosure requirements of this chapter as a candidate, except that contributions from individuals made directly to a candi date or his campaign committee do not require separate reporting, except that contributions from persons as defined in paragraph (14) of Code Section 21-5-3 which do not exceed $500.00 in the aggregate or which are made to only one candidate, regardless of the amount, do not require separate reporting."
Section 3. Said chapter is further amended by striking in its entirety Code Section 21-532, relating to duties of the campaign committee treasurer, and inserting in lieu thereof a new Code Section 21-5-32 to read as follows:
"21-5-32. (a) The candidate or treasurer of each campaign committee shall keep de tailed accounts, current within not more than five business days after the date of receiving a contribution or making an expenditure, of all contributions received and all expenditures made by or on behalf of the candidate or committee. The candidate or 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 candidate or treasurer of a campaign committee pursuant to this Code section may be inspected under reasonable circumstances before, during, or after the election 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 compe tent jurisdiction.
(c) Records of such accounts kept by the candidate or campaign committee shall be preserved for three years from the termination date of the campaign for elective office con ducted by the candidate or 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 4. Said chapter is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 21-5-34, relating to campaign contribution disclosure reports, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) The candidate or the chairperson or treasurer of each campaign committee organ ized 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 to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitu tional amendment or state-wide referendum shall file with the Secretary of State the re quired campaign contribution disclosure reports."
Section 5. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 21-5-34, relating to campaign contribution disclosure reports, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) Candidates or campaign committees which accept contributions or make ex penditures designed to bring about the nomination or election of a candidate shall file cam paign 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

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1103

shall make such reports 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 reports. If a run-off election is required following a primary, general, or special election, candidates in such an election shall make such reports six days prior to the run-off election and shall have a two-day grace period in filing the required report, with the exception that, if an election is scheduled on a Wednesday, the grace period shall end the Friday preceding the election. The mailing of such reports by United States mail with ade quate 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 author ized 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.
(2) Notwithstanding any other provision of this Code section, a candidate for county office or a candidate for municipal office shall not be required to file any campaign contribu tion disclosure reports required in this Code section until any such candidate's total contri butions exceed $3,500.00 or any contribution or aggregate of contributions from a single person exceeds $101.00. After the date that the candidate's total contributions exceed $3,500.00 or the candidate receives a contribution or aggregate of contributions from a single person exceeding $101.00, any campaign disclosure reports required by this Code section shall be filed by the candidate for county office or candidate for municipal office or public office by the date specified in this Code section."
Section 6. Said chapter is further amended by striking Code Section 21-5-50, relating to filing of financial disclosure statements, and inserting in lieu thereof a new Code Section 215-50 to read as follows:
"21-5-50. (a) (1) 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 July 1, 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, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, and who has not filed a financial disclosure statement as otherwise provided in this paragraph shall file with the Secretary 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.
(2) Each public officer, as defined in subparagraph (F) of paragraph (15) of Code Sec tion 21-5-3, shall file with the election superintendent of the county of election of such pub lic officer, not before the first day of January nor later than July 1, 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, as defined in subparagraph (F) of paragraph (15) of Code Section 21-5-3, and who has not filed a financial disclosure statement as otherwise provided in this paragraph shall file with the election superintendent of the county of election, 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.
(3) Each public officer, as defined in subparagraph (G) of paragraph (15) of Code Sec tion 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 July 1, 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, as defined in subparagraph (G) of paragraph (15) of Code Section 21-5-3, and who has not filed a financial disclosure state ment as otherwise provided in this paragraph shall file with the municipal clerk of the mu-

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JOURNAL OF THE SENATE

nicipality of election or, if there is no clerk, with the chief executive officer of such munici pality, 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.
(4) The filing officer shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter.
(5) A public officer shall not, however, be required to file such a financial disclosure statement for the preceding calendar year in a year in which there occurs qualifying for election to succeed such public officer, if such public officer does not qualify for nomination for election to succeed himself or herself or for election to any other public office subject to this chapter. For purposes of this subsection, a public officer shall not be deemed to hold office in a year in which the public officer holds office for less than 15 days.
(b) A financial disclosure statement shall be in the form specified by the commission and shall identify:
(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;
(2) All fiduciary positions held by the candidate for public office or the public officer, with a statement of the title of each such position, the name and address of the business entity, and the principal activity of the business entity;
(3) All direct ownership interests held on December 31 of the covered calendar year, including any intangible property, in any business entity, including the name, address, prin cipal activity of the business entity, the office held by the candidate for public office or the public officer within such business entity, and the duties and responsibilities of the candi date for public office or the public officer in which such ownership is held, where:
(A) Such ownership interest is more than 10 percent; or
(B) Such ownership interest has a fair market value of more than $20,000.00;
(4) All direct ownership interests held as of December 31 of the covered year which have a fair market value of more than $20,000.00 or represent at least 10 percent of the candidate for public office's or the public officer's net worth in real property, including the county and state in which such property is located; and, for purposes of this paragraph, the fair market value shall be the appraised value of the real property for ad valorem tax pur poses; and
(5) All annual payments in excess of $20,000.00 received by the public officer or any business entity identified in paragraph (3) of this subsection from the state, any agency, department, commission, or authority created by the state, and authorized and exempted from disclosure under Code Section 45-10-25, and the agency, department, commission, or authority making the payments, and the general nature of the consideration rendered for the source of the payments."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.
Senators Hine of the 52nd, Deal of the 49th, Crumbley of the 17th and eighteen other Senators offered the following amendment:
Amend the substitute to SB 564 offered by the Senate Committee on Governmental Operations by adding on line 8 of page 1, after the semicolon and before the word "to", the following:
"to prohibit industrial loan licensees and insurers from making contributions to or on behalf of the person holding office as Commissioner of Insurance or to or on behalf of candi-

MONDAY, FEBRUARY 22, 1988

1105

dates for the office of Commissioner of Insurance or to or on behalf of campaign committees 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 Insur ance from accepting such contributions; to provide for definitions and for other matters relative to the foregoing;".
By adding between lines 20 and 21 of page 4 a new Section 2.5 to read as follows:
"Section 2.5. Said chapter is further amended by adding immediately following Code Section 21-5-30, relating to contributions made to a candidate, campaign committee, or for recall of a public officer, 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 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 licensee as defined by paragraph (3) of Code Section 7-3-3, relating to definitions applicable to Chapter 3 of Title 7, known as the "Geor gia 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."
(b) No industrial loan licensee or insurer and no person acting on behalf of an industrial loan licensee or insurer shall make a contribution to or on behalf of a person holding office as Commissioner of Insurance or to or on behalf of a candidate for the office of Commis sioner of Insurance or to or on behalf of a campaign committee of any such candidate.
(c) No person holding office as Commissioner of Insurance and 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 offered by Senators Hine of the 52nd, Deal of the 49th, Crumbley of the 17th and eighteen other Senators, Senator Stumbaugh of the 55th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Brannon Burton

Coverdell Crumbley Dawkins

Deal Echols Edge

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Engram Fincher Foster Harrison
Hine

Howard Johnson Land Newbill
Peevy

Phillips Ragan of 32nd
Stumbaugh Tysinger

Those voting in the negative were Senators:

Albert Allgood Baldwin
Barnes
,,BBrroyuaennnt Coleman Dean English Garner

Gillis Harris Hudgins
Huggins
K.K.el.dn.d.nedy Langford McGill McKenzie Olmstead

Perry Ragan of 10th . Ray
Scott of 2nd
S,,S,choutmt aok,fe36th Starr Taylor Turner Walker

Not voting were Senators Tate (excused) and Timmons (excused).

On the adoption of the amendment, the yeas were 23, nays 31, and the amendment offered by Senators Hine of the 52nd, Deal of the 49th, Crumbley of the 17th and eighteen other Senators was lost.

Senators Hine of the 52nd, Deal of the 49th and Garner of the 30th offered the follow ing amendment:

Amend the substitute to SB 564 offered by the Senate Committee on Governmental Operations by adding at the end of line 11 of page 1 the following:
"no multicandidate political committee shall make contributions to any candidate or his campaign committee which, in the aggregate, exceed $500.00 with respect to the aggre gate of elections necessary to elect the candidate to a public office; to define a certain term; to provide that".
By adding on page 4 between lines 26 and 27 the following:
"Section 2A. Said chapter is further amended by adding between Code Sections 21-5-31 and 21-5-32 a new Code Section 21-5-31.1 to read as follows:
'21-5-31.1. (a) No multicandidate political committee shall make contributions to any candidate or his campaign committee which, in the aggregate, exceed $500.00 with respect to the aggregate of elections necessary to elect the candidate to a public office as defined in paragraph (15) of Code Section 21-5-3.
(b) For the purposes of this Code section, the term 'multicandidate political committee' means a political committee which has been registered under 2 U.S.C. 433 for a period of not less than six months, which has received contributions from more than 50 persons, and, except for any state political party organization, makes contributions to five or more candi dates for an office covered by paragraph (15) of Code Section 21-5-3.'"

On the adoption of the amendment offered by Senators Hine of the 52nd, Deal of the 49th and Garner of the 30th, the yeas were 9, nays 32, and the amendment was lost.

Senators Coverdell of the 40th and Newbill of the 56th offered the following amendment:

MONDAY, FEBRUARY 22, 1988

1107

Amend the substitute to SB 564 offered by the Senate Committee on Governmental Operations by adding a new Section 7 to read as follows:
"Section 7. Said chapter is further amended by adding immediately following Code Sec tion 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.' ",
and by renumbering Sections 7 and 8.

On the adoption of the amendment offered by Senators Coverdell of the 40th and Newbill of the 56th, Senator Coverdell of the 40th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Brannon BrC, ou,lretomnan Coverdell
Crumbley
Deal

Edge Engram Foster GTHTialrhnsson Hine
Howard
Land

Newbill Phillips Ragan of 32nd 0oco,t.t 01e ,,2nd,
btarr
Stumbaugh
Tysinger

Those voting in the negative were Senators:

Albert Baldwin Bowen Broun Bryant Dawkins Dean Echols English Fincher

Garner Harris Hudgins Huggins Johnson Kennedy Kidd Langford McGill McKenzie

Olmstead Peevy Perry Ragan of 10th Ray Scott of 36th Shumake Taylor Turner Walker

Those not voting were Senators:

Barnes

Tate (excused)

Timmons (excused)

On the adoption of the amendment offered by Senators Coverdell of the 40th and Newbill of the 56th, the yeas were 23, nays 30, and the amendment was lost.

Senator Howard of the 42nd offered the following amendment:

Amend the substitute to SB 564 offered by the Senate Committee on Governmental Operations by striking on page 7, line 26, the figure
"$3,500.00",
and by striking from line 29 thereof the figure

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JOURNAL OF THE SENATE

"$3,500.00", and by substituting in lieu thereof on both lines the figure
"$101.00".

On the adoption of the amendment offered by Senator Howard of the 42nd, Senator Howard of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Brannon
gTM""n Coverdell Crumbley Dawkins Deal

Dean Edge Engram Foster
Garner Harrison Mine Howard Johnson

Land Newbill Peevy Phillips
Ragan of 10th Ragan of 32nd Scott of 36th Stumbaugh Tysinger

Those voting in the negative were Senators:

Allgood Bowen
Bryant CJeman EEnchgolilssh Fincher Gillis Harris

Hudgins Huggins
Kennedy Kidd TLangfrordj McGill McKenzie Olmstead

Perry Ray
Scott of 2nd Shumake oStarr Taylor Turner Walker

Those not voting were Senators:

Barnes

Tate (excused)

Timmons (excused)

On the adoption of the amendment offered by Senator Howard of the 42nd, the yeas were 28, nays 25, and the amendment was adopted.

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 Barnes Bowen Brannon Broun

Bryant Burton Coleman Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Garner

MONDAY, FEBRUARY 22, 1988

1109

Gillis Harris Harrison Hudgins Muggins Johnson Kennedy Kidd

Land Langford McGill McKenzie Olmstead Peevy Perry Ragan of 10th

Ray Scott of 2nd Scott of 36th Shumake Starr Taylor Turner Walker

Those voting in the negative were Senators:

Barker Coverdell Hine

Howard Newbill Phillips

Ragan of 32nd Stumbaugh Tysinger

Not voting were Senators Tate (excused) and Timmons (excused).

On the passage of the bill, the yeas were 45, nays 9.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kennedy of the 4th moved that Senator Timmons of the llth be excused from all roll calls in the Senate today, February 22, and tomorrow, February 23, due to a death in his family.

On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Timmons of the llth was excused from the Senate on February 22 and February 23.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 363. By Senator Land of the 16th:
A resolution urging the board of regents to implement a program in the colleges and schools of education within the university system which will provide for cer tain faculty members of such colleges and schools to actively participate periodi cally in an instructional capacity in the public schools of the state.

The Senate Committee on Higher Education offered the following amendment to SR 363:

Amend SR 363 by striking from the next-to-last paragraph on line 10 of page 2 the word "implement" and inserting in lieu thereof the word "examine".

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

Baldwin Barker

Barnes Bowen

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JOURNAL OF THE SENATE

Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English Engram Fincher

Foster Garner Gillis Harris Harrison Howard Hudgins Huggins Johnson Kidd Land Langford McGill McKenzie Newbill

Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Hine Kennedy (presiding)

Peevy Tate (excused)

Timmons (excused)

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

The following general bills of the House, favorably reported by the committee, were read the third time and put upon their passage:

HB 1639. By Representative McDonald of the 12th:
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 the superior court of Jackson County in the Piedmont Circuit.
Senate Sponsor: Senator Johnson of the 47th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the 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 Bryant Burton Coleman Coverdell Crumbley Dawkins Deal

Dean Echols Edge English Engram Fincher Foster Garner Gillis Harris Harrison Howard Hudgins Huggins

Johnson Kidd Land Langford McGill McKenzie Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd

MONDAY, FEBRUARY 22, 1988

1111

Scott of 36th Shumake Starr

Stumbaugh Taylor Turner

Tysinger Walker

Those not voting were Senators:

Bowen Hine

Kennedy (presiding) Newbill

Tate (excused) Timmons (excused)

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1218. By Representatives Selman of the 32nd, Lane of the 27th, McKinney of the 35th and others:
A bill to amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to procedure for authorization of bonded debt, so as to prohibit certain bond elections from being held on any date other than the date of the November general election in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed

On the passage of the 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 Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Echols Edge

English Engram Fincher Foster Garner Gillis Harrison Howard Hudgins Huggins Johnson Kidd Land Langford McGill

Olmstead Peevy Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Dean Harris

Hine Kennedy (presiding) McKenzie Newbill

Perry Tate (excused) Timmons (excused)

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 1425. By Representatives Chambless of the 133rd, Waldrep of the 80th, Pannell of the 122nd and Robinson of the 96th:
A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to offenses concerning public officers and employees, so as to include members of any municipal governing authority in the procedure for indictment and appearance before a grand jury on charges relating to public office.
SoceiincatLtec Soppuoniissouri:. SOeGnimattouri Cvyriuumiubulieeyy ouif tmhee 1j. 7i tLhXI..

Thheerreport of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
B u,rton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

Engram Fincher Garner Gillis Harris Harrison 2Wa Huggms Johnson Kidd
Land
McGill
McKenzie
Newbill
Olmstead

Peevy Phillips Ragan of 10th Ragan of 32nd
Scott ooff 23n6dth ,,, , fhumake Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Bryant English

Foster Hine Hudgins Kennedy (presiding)

Langford Perry Tate (excused) Timmons (excused)

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1234. By Representatives Watson of the 114th and Pettit of the 19th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission generally, so as to authorize the commission, in its discre tion, to deregulate or not provide a tariff on certain services of telecommunica tions companies.
Senate Sponsor: Senator Scott of the 2nd.

The Senate Committee on Public Utilities offered the following substitute to HB 1234:

A BILL
To be entitled an Act to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Georgia Public

MONDAY, FEBRUARY 22, 1988

1113

Service Commission generally, so as to authorize the commission, in its discretion, to dereg ulate or detariff certain services of telecommunications companies subject to the jurisdiction of the commission and which are providing services currently regulated and subject to tariff by the commission in order that such telecommunications companies may respond to the forces of increasing competition; to provide procedures; to provide certain factors for the commission to consider in making a determination on an application for deregulation; to provide an exception; to provide for reports; to provide for applicability; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission generally, is amended by striking in its entirety Code Section 46-2-23, relating to the ratemaking powers of the Georgia Public Service Commission generally, and inserting in lieu thereof a new Code Section 46-2-23 to read as follows:
"46-2-23. (a) The commission shall have exclusive power to determine what are just and reasonable rates and charges to be made by any person, firm, or corporation subject to its jurisdiction.
(b) As to those telecommunications companies subject to the jurisdiction of the com mission, the commission is not required to fix and determine specific rates, tariffs, or charges for the services offered by said telecommunications companies and in lieu thereof may on application of an interested party or on its own motion after public notice and hearing:
(1) Totally deregulate a service;
(2) Totally eliminate any tariffs on a service;
(3) Eliminate tariff rates for a service but retain tariffs for service standards and re quirements; or
(4) Eliminate tariff rates for a service but require that notice of any rate changes be provided to the commission.
(c) In determining what actions, if any, are to be taken on applications under subsec tion (b) of this Code section, the commission shall conduct hearings at which it shall con sider the following factors:
(1) The extent to which competing telecommunications services are available from com petitive providers in the relevant geographic market;
(2) The ability of competitive providers to make functionally equivalent or substitute services readily available;
(3) The number and size of competitive providers of service;
(4) The overall impact of the proposed regulatory change on the continued availability of existing services at just and reasonable rates;
(5) The impact of the proposed regulatory change upon efforts to promote universal availability of basic telecommunications services at affordable rates and to permit telecom munications companies subject to the jurisdiction of the commission to respond to competi tive thrusts; and
(6) Such other factors as the commission may determine are in the public interest.
(d) Nothing in this Code section shall authorize the application of subsection (b) of this Code section to any service unless functionally equivalent or substitute services are readily available from competitive providers in the relevant geographic market. This finding must be made on the record after public hearing.
(e) Any telecommunications service deregulated or detariffed under this Code section may be reregulated or resubjected to tariffing by the commission if the commission finds,

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JOURNAL OF THE SENATE

through a proceeding initiated on its own or upon application by an interested party, that such reregulation or retariffing is in the public interest.
(f) Nothing in this Code section shall be interpreted as requiring the commission to alter, amend, or repeal any rule or regulation which relates to any telecommunications com pany and which has been adopted by the commission or which is under consideration for adoption by the commission as of the effective date of this Code section.
(g) Nothing in this Code section shall be interpreted as amending, modifying, altering, or repealing Chapter 6 of this title, known as the 'Georgia Radio Utility Act.'"
Section 2. Beginning one year after deregulation or eliminating tariffs on a service the utility will file within sixty days of such anniversary date with the commission a report showing the rates or tariffs for such service on the effective date of deregulation or detariffing and the rates or tariffs on the anniversary date. Such reports will continue to be filed on an updated basis annually for a period of five years. The commission may prescribe the form and content of such reports. The commission will thereafter as soon as practicable file a summary of the results and contents of such reports with the Industry Committee of the House and the Public Utilities Committee of the Senate.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Edge of the 28th offered the following amendment:

Amend the substitute to HB 1234 offered by the Senate Committee on Public Utilities by striking line 34 of page 3 and inserting in lieu thereof the following:
"Radio Utility Act.'
(h) The commission may take into consideration such portion of the investment, reve nues, related expenses, and losses of the deregulated or detariffed service as it shall consider equitable and just and in the public interest, in establishing rates for or otherwise exercising its regulatory power with respect to such utilities services which remain regulated or tariffed.' "

On the adoption of the amendment offered by Senator Edge of the 28th, Senator How ard of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barnes BCoravnenrdoenll
Deal
Edge

Howard Johnson TLand*
Newbill
Olmstead

Peevy Perry TR-, agan orf -10^^tih
Stumbaugh
Turner

Those voting in the negative were Senators:

Albert Allgood Barker Broun Bryant Burton Coleman Crumbley

Dawkins Dean Echols English Engram Fincher Foster Garner

Gillis Harris Hudgins Huggins Kidd Langford McKenzie Phillips

MONDAY, FEBRUARY 22, 1988

1115

Ray Scott of 2nd Scott of 36th

Shumake Starr Taylor

Tysinger Walker

Those not voting were Senators:

Bowen Harrison Hine

Kennedy (presiding) McGill Ragan of 32nd

Tate (excused) Timmons (excused)

On the adoption of the amendment offered by Senator Edge of the 28th, the yeas were 16, nays 32, and the amendment was lost.

Senator Barnes of the 33rd offered the following amendment:

Amend the substitute to HB 1234 offered by the Senate Committee on Public Utilities by adding between lines 13 and 14 of page 1 the following:
"provide that no telecommunications company may use current revenues earned or ex penses incurred for certain purposes; to provide for rules and regulations; to".
By adding between lines 30 and 31 of page 3 the following:
"(f.l) No telecommunications company may use current revenues earned or expenses incurred in conjunction with services subject to regulation to subsidize services which are not regulated or tariffed. The commission may adopt procedural rules as necessary to imple ment this subsection."

On the adoption of the amendment offered by Senator Barnes of the 33rd, the yeas were 36, nays 5, and the amendment was adopted.

Senator Howard of the 42nd offered the following amendment:

Amend the substitute to HB 1234 offered by the Senate Committee on Public Utilities as follows:
(1) By striking the number (6) on line 8, page 3, and substituting in lieu thereof the number (8);
(2) By striking the word "and" on line 7, page 3;
(3) And by inserting after line 7, page 3, the following:
"(6) The possession by the company making such an application of a monopoly local exchange bottleneck;
(7) The impact of the proposed regulatory change upon the future development of com petition; and".

On the adoption of the amendment offered by Senator Howard of the 42nd, Senator Howard of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barnes Bowen Burton Coverdell

Crumbley Deal Edge Howard Johnson

Land Olmstead Peevy Ragan of 32nd Stumbaugh

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Albert Allgood Barker Brannon Broun Bryant Coleman Dawkins Dean Echols English Engram

Fincher Foster Garner Gillis Harris Harrison Hudgins Huggins Kidd Langford McKenzie Newbill

Perry Phillips Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Starr Taylor Turner Tysinger Walker

Those not voting were Senators:

Hine Kennedy (presiding)

McGill Tate (excused)

Timmons (excused)

On the adoption of the amendment oifered by Senator Howard of the 42nd, the yeas were 15, nays 36, and the amendment was lost.

On the adoption of the substitute, the yeas were 38, 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
CBoulretomnan
Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gilhs
"2aa"rm!8n HHuodwgairnds
Huggins Johnson Kidd Land Langford McKenzie

Newbill Peevy Perry Phillips Ragan of 10th Ragan of 32nd R
SSccootttt ooff 23n6dth S,,,humak. e
btarr Stumbaugh Taylor Turner Tysinger Walker

Voting in the negative was Senator Olmstead.

Those not voting were Senators:

Hine Kennedy (presiding)

McGill Tate (excused)

Timmons (excused)

MONDAY, FEBRUARY 22, 1988

1117

On the passage of the bill, the yeas were 50, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 12:34 o'clock P.M. until 2:00 o'clock P.M.

At 2:00 o'clock P.M., the President called the Senate to order.

The following general bills and resolution of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1435. By Representative McDonald of the 12th:
A bill to amend Code Section 53-8-2 of the Official Code of Georgia Annotated, relating to the standard for investments by executors and trustees, so as to change certain provisions relating to the definition of a prudent person; to change the factors that the fiduciary may consider in making investment deci sions; to provide that individual investments shall be considered as a part of an overall investment strategy.
Senate Sponsor: Senator Hudgins of the 15th.

Senator Barnes of the 33rd offered the following amendment:

Amend HB 1435 by adding on page 2, line 32, after the word "the" the word "individual's".

On the adoption of the amendment, the yeas were 30, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bflrnes
oBBrraywnaennnot n Burton Dawkins Deal Dean Echols Edge

English Foster Garner Gillis Harris
HHTTuowd,gam.rds Huggins Johnson Kennedy Kidd McGill McKenzie

Newbill Olmstead Peevy Phillips Ragan of 10th
_RRaaygan of 32nd Scott of 2nd Scott of 36th Stumbaugh Taylor Turner Tysinger

Voting in the negative was Senator Crumbley.

Those not voting were Senators:

Broun

Coleman

Coverdell

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JOURNAL OF THE SENATE

Engram Fincher Harrison Mine

Land Langford Perry Shumake

Starr Tate (excused) Timmons (excused) Walker

On the passage of the bill, the yeas were 40, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

SR 367. By Senator Brannon of the 51st:
A resolution authorizing the conveyance of certain state owned real property lo cated in Gordon County, Georgia; to provide an effective date.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes
Bowen B/annon Broun BBruvrtaonnt Crumblev Dawkins Deal Dean Echols

Edge English Foster Garner
Gillis Harris ...
Huggins Kennedy Kidd Land McGill McKenzie

Newbill Olmstead Peevy Phillips
Ragan of 10th Ragan of 32nd D Scoytt of 2nd Scott of 36th Stumbaugh Taylor Turner Tysinger

Those not voting were Senators:

Albert Coleman
Clingverardmell Fincher Harrison

Howard Hudgins
Johnson Langford Perry

Shumake Starr
Tate (excused) Timmons (excused) Walker

On the adoption of the resolution, the yeas were 40, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 495. By Senator Barnes of the 33rd:
A bill to amend Code Section 34-9-11 of the Official Code of Georgia Annotated, relating to exclusivity of rights and remedies granted to employees and actions against third-party tort-feasors or other persons providing workers' compensation benefits, so as to provide that an employer or other person providing workers' compensation benefits shall receive credit for workers' compensation benefits paid to an employee under certain conditions.

MONDAY, FEBRUARY 22, 1988

1119

The Senate Committee on Special Judiciary offered the following substitute to SB 495:
A BILL
To be entitled an Act to amend Code Section 34-9-265 of the Official Code of Georgia Annotated, relating to liability for compensation for death resulting from causes other than injury and payment of compensation for death resulting from injury, so as to provide for a penalty in certain cases in which death is caused by the intentional act of the employer; to provide for a limit on such payment; to provide that such employer shall be deemed to have intended an injury under certain conditions; to provide an effective date and for applicabil ity; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 34-9-265 of the Official Code of Georgia Annotated, relating to liability for compensation for death resulting from causes other than injury and payment of compensation for death resulting from injury, is amended by adding at the end thereof a new subsection (e) to read as follows:
"(e) If it shall be determined that the death of an employee was the direct result of an injury proximately caused by the intentional act of the employer with specific intent to cause such injury, then there shall be added to the weekly income benefits paid to the de pendents, if any, of the deceased employee a penalty of 20 percent; provided, however, such penalty in no case shall exceed $20,000.00. For the purpose of this subsection, an employer shall be deemed to have intended an injury if the employer had actual knowledge that the specific act was certain to cause injury and knowingly disregarded this certainty of injury. Nothing in this subsection shall limit the effect of Code Section 34-9-11."
Section 2. This Act shall become effective July 1, 1988, and shall apply with respect to causes of action arising on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Barnes of the 33rd moved that SB 495 be placed on the Table.
On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 495 was placed on the Table.
Senator Scott of the 2nd moved that the following bill of the House, having been passed previously today, be immediately transmitted to the House:
HB 1234. By Representatives Watson of the 114th and Pettit of the 19th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission generally, so as to authorize the commission, in its discre tion, to deregulate or not provide a tariff on certain services of telecommunica tions companies.
On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 1234 was imme diately transmitted to the House.
The following general bills of the House and Senate, favorably reported by the commit tees, were read the third time and put upon their passage:
HB 1536. By Representatives Robinson of the 96th and Porter of the 119th:
A bill to amend Article 2 of Chapter 5 of Title 13 of the Official Code of Georgia Annotated, relating to agreements required to be in writing, so as to provide that

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certain commitments to lend money, extend, renew or refinance credit, or forbear from collecting money lent be in writing.
Senate Sponsor: Senator Hudgins of the 15th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bowen
Broun Bryant B^CDouavwrteokrnidn, esl,,l Dean Echols Edge English Fincher

Foster Garner Gillis Harris
Hine Howard HJTHoJuuhgdnggsmionnss Kennedy Kidd Land McGill McKenzie

Newbill Perry Phillips Ragan of 10th
Ragan of 32nd j^ 0Sco,t,t o,f 02nd, Scott of 36th Starr Tay'or Turner Tysinger Walker

Those voting in the negative were Senators:

Barnes Crumbley

Deal Peevy

Stumbaugh

Those not voting were Senators:

Albert Brannon Coleman Engram

Harrison Langford Olmstead

Shumake Tate (excused) Timmons (excused)

On the passage of the bill, the yeas were 41, nays 5.

The bill, having received the requisite constitutional majority, was passed.

SB 462. By Senators English of the 21st, McKenzie of the 14th, Hine of the 52nd and Albert of the 23rd:
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 the certification of emergency medical technicians to utilize automatic defibrillators and provide for the certification of such defibrillators; to provide conditions and procedures relat ing to such certifications; to provide for certificate revocation.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

MONDAY, FEBRUARY 22, 1988

1121

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Broun Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Albert Brannon Coleman

Harrison Langford Shumake

Tate (excused) Timmons (excused)

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1417. By Representative Crosby of the 150th:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxation, so as to revise provisions relating to income tax ad ministration and enforcement; to change the due dates for corporate income tax returns; to eliminate the requirement of filing of certain receipts with withhold ing tax returns.

Senate Sponsors: Senators Hudgins of the 15th and Dawkins of the 45th.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

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 4, 1988

SUBJECT: Fiscal Note -- House Bill 1417 (LC 14 4962) Income Tax: Remove Certain Filing Requirements, Etc.

This Bill would revise the due dates of corporate income tax and estimated tax returns and also removes certain estimated tax and informational filing requirements. If enacted, this Bill would become effective upon the Governor's approval or upon becoming law with out such approval. It should be noted that the state revenue commissioner may (if adminis-

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JOURNAL OF THE SENATE

tratively necessary) delay the implementation of any provision of this Bill to no later than January 1, 1989.
This Bill would have no fiscal impact upon state revenues.

/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:

Allgood Baldwin Barker Barnes Bowen Broun
fB/uyrtofnt Coverdell Crumbley Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris
HHomweard, Hudgins Huggins Johnson Kennedy Kidd Land McGill

Those not voting were Senators:

McKenzie Newbill Olmstead Peevy Perry R of 1Qth
RR aganof32nd *ay Scott of 36th Starr Stumbaugh Taylor Turner Walker

Albert Brannon Coleman Dawkins

Harrison Langford Phillips Scott of 2nd

Shumake Tate (excused) Timmons (excused) Tysinger

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1418. By Representative Crosby of the 150th:
A bill to amend Code Section 48-7-114, relating to the requirement of payment of estimated income tax, so as to require fiduciaries to file and pay estimated tax in the same manner as individuals.
Senate Sponsor: Senator Dawkins of the 45th.

MONDAY, FEBRUARY 22, 1988

1123

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

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 4, 1988

SUBJECT: Fiscal Note -- House Bill 1418 (LC 14 4963) Income Tax: Requirements of Fiduciaries

This Bill would provide that fiduciaries be subject to all requirements pertaining to current income tax payments (withholding and estimated taxes, etc.) as are individuals. If enacted, this Bill would become effective upon the Governor's approval or upon becoming law without such approval. It should be noted that no civil or criminal liability for any act
or failure to act would be incurred prior to July 1, 1988.

This Bill would have no fiscal impact upon state revenues.

/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:

Allgood Baldwin Barker Barnes Bowen Brannon Broun BCouvrteorndell
Crumbley Dawkins Deal Dean Echols Edge

English Fincher Foster Garner Gillis Harris Hudgins JHouhgngsionns
Kennedy Kidd Land McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of loth Ragan of 32nd D a Scon tt otf o3c6+thu
btarr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Albert Bryant Coleman Engram

Harrison Hine Howard Langford

Scott of 2nd Shumake Tate (excused) Timmons (excused)

On the passage of the bill, the yeas were 44, nays 0.

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The bill, having received the requisite constitutional majority, was passed.

HB 1237. By Representative Lane of the 27th:
A bill to amend Code Section 43-41-8 of the Official Code of Georgia Annotated, relating to requirements for admission to examination for license as a master therapeutic recreation specialist, so as to change the provisions relating to educa tional requirements.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes
Bowen Brannon
ifou" Burton Coverdell Crumbley Dawkins D eai Dean Echols Edge English

Engram Fincher Foster Garner
Gillis Harris
Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land McGill McKenzie

Newbill Olmstead Peevy Perry
Phillips Ragan of 10th
Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Albert Coleman Harrison

Langford Shumake

Tate (excused) Timmons (excused)

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1302. By Representatives Robinson of the 96th, Pannell of the 122nd, Chambless of the 133rd, Pettit of the 19th and Thomas of the 69th:
A bill to amend Chapter 7 of Title 14 of the Official Code of Georgia Annotated, relating to professional corporations, so as to provide that a shareholder of a pro fessional corporation must be an active practitioner in the corporation which is sued the shares; to provide for redemption, cancellation, or transfer of shares held by a shareholder who is not an active practitioner in the issuing corporation.
Senate Sponsor: Senator Edge of the 28th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, FEBRUARY 22, 1988

1125

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant
Burton Coverdell Crumbley Dawkins

Edge Engram Fincher Garner Gillis Howard Hudgins Huggins Johnson Kennedy Kidd Land

McGill McKenzie Olmstead Peevy Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Taylor

Those voting in the negative were Senators:

Deal Echols Foster Harris

Hine Newbill Perry Starr

Stumbaugh Turner Tysinger Walker

Those not voting were Senators:

Albert Coleman Dean

English Harrison Langford

Shumake Tate (excused) Timmons (excused)

On the passage of the bill, the yeas were 35, nays 12.

The bill, having received the requisite constitutional majority, was passed.

Senator Hine of the 52nd gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 1302.

HB 1365. By Representatives Colwell of the 4th, Jackson of the 9th, Johnson of the 72nd and Foster of the 6th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, so as to provide that certain state authorities may not sell real property without the prior approval of the General Assembly.
Senate Sponsor: Senator Tysinger of the 41st.

The Senate Committee on Public Utilities offered the following substitute to HB 1365:

A BILL
To be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, so as to provide that certain state authorities may not lease real property without the prior approval of the State Properties Commission; to provide for a definition; to provide for certain excep tions; to provide that the Georgia Ports Authority may not sell or lease real property with out the prior approval of the State Properties Commission; to provide for a definition; to provide for certain exceptions; to provide that state agencies may not sell, exchange, or lease for more than five years real property without the prior approval of the General Assembly;

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to provide for definitions; to provide for certain exceptions; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, is amended by adding three new Code sections immediately following Code Section 50-16-3, to be designated Code Sections 50-16-3.1, 50-16-3.2, 50-16-3.3, respectively, to read as follows:
"50-16-3.1. (a) As used in this Code section, the term 'state authority" means any of the following public authorities:
(1) The Georgia Building Authority provided for in Article 1 of Chapter 9 of Title 50, known as the 'Georgia Building Authority Act';
(2) The Stone Mountain Memorial Association provided for by Part 4 of Article 6 of Chapter 3 of Title 12, known as the 'Stone Mountain Memorial Association Act';
(3) The Jekyll Island-State Park Authority provided for by Part 1 of Article 7 of Chap ter 3 of Title 12, known as the 'Jekyll Island-State Park Authority Act';
(4) The Georgia Building Authority (Markets) provided for by Article 1 of Chapter 10 of Title 2, known as the 'Georgia Building Authority (Markets) Act';
(5) The Georgia Building Authority (Hospital) provided for by Article 2 of Chapter 7 of Title 31, known as the 'Georgia Building Authority (Hospital) Act'; or
(6) The Georgia Building Authority (Penal) provided for by Chapter 3 of Title 42, known as the 'Georgia Building Authority (Penal) Act.'
(b) The provisions of any laws cited in subsection (a) of this Code section or of any other laws of this state to the contrary notwithstanding, no state authority shall be author ized to lease any real property owned by the state authority without first obtaining the approval of the State Properties Commission.
(c) The provisions of this Code section shall not apply with respect to any lease involv ing railroad property.
50-16-3.2. (a) As used in this Code section, the term 'state authority' means the Georgia Ports Authority provided for in Chapter 2 of Title 52, known as the 'Georgia Ports Author ity Act.'
(b) The provisions of any law cited in subsection (a) of this Code section or of any other laws of this state to the contrary notwithstanding, no state authority shall be authorized to sell or lease any real property owned by the state authority without first obtaining the ap proval of the State Properties Commission.
(c) The provisions of this Code section shall not apply with respect to any sale or lease agreement involving railroad property.
50-16-3.3. (a) As used in this Code section, the term:
(1) 'Lease' means a written instrument under the terms and conditions of which one party (lessor) out of its own estate grants and conveys to another party or parties (lessee) an estate for years retaining a reversion in itself after such grant and conveyance.
(2) 'State agency' means any department, division, board, commission, bureau, or other agency of any branch of the state government; provided, however, that such term shall not include the Department of Transportation or the Board of Regents of the University of Georgia.
(b) The provisions of any other law of this state to the contrary notwithstanding, no state agency shall be authorized to sell, exchange, or lease for more than five years any real property owned by the state agency or under the control or jurisdiction of a state agency without first obtaining the approval of the General Assembly of Georgia; provided, however, this prohibition shall not apply to the sale or other disposition of real property by a state

MONDAY, FEBRUARY 22, 1988

1127

authority when such real property is necessary for a public road right of way. Such approval shall be granted by joint resolution of the General Assembly. Such joint resolution may require the sale, exchange, or lease of real property by a state agency or state authority to be approved by the State Properties Commission.
(c) Subsection (b) of this Code section shall not be construed to grant authority to any state agency to lease real property owned by the state agency or under the control or juris diction of a state agency for three years or less if the state agency does not have the power to lease such real property independently of subsection (b) of this Code section.
(d) The provisions of this Code section shall not apply with respect to any sale, lease, or exchange involving railroad property."
Section 2. The provisions of Code Section 50-16-3.1, as enacted by this Act, shall not apply to any lease of real property by a state authority which is completed prior to July 1, 1988. The provisions of Code Section 50-16-3.2, as enacted by this Act, shall not apply to any lease of real property by the Georgia Ports Authority which is completed prior to July 1, 1988. The provisions of Code Section 50-16-3.3, as enacted by this Act, shall not apply to any sale, exchange, or lease of real property by a state agency which is completed prior to July 1, 1988.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senators Tysinger of the 41st and Scott of the 2nd offered the following substitute to HB 1365:
A BILL
To be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, so as to provide that certain state authorities may not sell real property without the prior approval of the General Assembly; to provide for a definition; to provide for other matters relative to the foregoing; to provide that this Act shall not apply to the sale of real property by a state authority which is completed prior to a certain date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, is amended by adding immedi ately following Code Section 50-16-3 a new Code Section 50-16-3.1 to read as follows:
"50-16-3.1. (a) As used in this Code section, the term 'state authority' means any of the following public authorities:
(1) The Georgia Building Authority provided for in Article 1 of Chapter 9 of Title 50, known as the 'Georgia Building Authority Act';
(2) The Georgia Ports Authority provided for in Chapter 2 of Title 52, known as the 'Georgia Ports Authority Act';
(3) The Stone Mountain Memorial Association provided for by Part 4 of Article 6 of Chapter 3 of Title 12, known as the 'Stone Mountain Memorial Association Act';
(4) The Jekyll Island-State Park Authority provided for by Part 1 of Article 7 of Chap ter 3 of Title 12, known as the 'Jekyll Island-State Park Authority Act';
(5) The Georgia Building Authority (Markets) provided for by Article 1 of Chapter 10 of Title 2, known as the 'Georgia Building Authority (Markets) Act';
(6) The Georgia Building Authority (Hospital) provided for by Article 2 of Chapter 7 of Title 31, known as the 'Georgia Building Authority (Hospital) Act'; or
(7) The Georgia Building Authority (Penal) provided for by Chapter 3 of Title 42, known as the 'Georgia Building Authority (Penal) Act.'

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(b) The provisions of any laws cited in subsection (a) of this Code section or of any other laws of this state to the contrary notwithstanding, no state authority shall be author ized to sell any real property owned by the state authority without first obtaining the ap proval of General Assembly of Georgia. Such approval shall be granted by joint resolution of the General Assembly. Such joint resolution may require the sale of real property by a state authority to be approved by the State Properties Commission."
Section 2. This Act shall not apply to any sale of real property by a state authority which is completed prior to July 1, 1988.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute to HB 1365 offered by the Senate Committee on Public Utilities, the yeas were 0, nays 37, and the substitute was lost.

On the adoption of the substitute to HB 1365 offered by Senators Tysinger of the 41st and Scott of the 2nd, 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 bill would be suspended and placed on the Senate General Calendar.

HB 1046. By Representative Johnson of the 72nd:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commis sions, etc., being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Georgia Environmental Facilities Authority shall become members of the said retirement system.
Senate Sponsors: Senators Ray of the 19th and Starr of the 44th.

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

January 29, 1988

SUBJECT: House Bill 1046 (Substitute) (LC 7 6893S) Employees' Retirement System--Georgia Environmental Facilities Authority Employees Membership

This Bill provides that employees and officers of the Georgia Environmental Facilities Authority would be members of the Employees' Retirement System (ERS) as of July 1, 1988. Authority personnel with prior ERS membership service would be allowed to continue with the same membership status if there was no break in service. Officers or employees employed by the authority on July 1, 1988 with 11 or more years of creditable service under the retirement system prior to joining the authority would also be able to receive credit for any prior uncovered service with the authority under provisions identified in this Bill. All employer contributions, including employee contributions made by employers on behalf of members, would be made from funds available for the operation of the authority. The au thority would also be authorized to deduct any additional employee contributions from the employee's salary.

MONDAY, FEBRUARY 22, 1988

1129

This is to certify that the amendment made by this Bill (changing from 12 to 11 the number of years service needed to qualify for prior service credit) is nonfiscal as defined in the Public Retirement Systems Standards Law and that the actuarial investigation com pleted for (LC 7 6749S) could also apply to this Bill (LC 7 6893S).
/s/ G. W. Hogan State Auditor

The following actuarial report, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

January 14, 1988

SUBJECT: Revised Actuarial Investigation--House Bill 1046 (Substitute) (LC 7 6749S) Employees' Retirement System

This Bill provides that employees and officers of the Georgia Environmental Facilities Authority would be members of the Employees' Retirement System (ERS) as of July 1, 1988. Authority personnel with prior ERS membership service would be allowed to continue with the same membership status if there was no break in service. Officers or employees employed by the authority on July 1, 1988 with 12 or more years of creditable service under the retirement system prior to joining the authority would also be able to receive credit for any prior uncovered service with the authority under provisions identified in this Bill. All employer contributions, including employee contributions made by employers on behalf of members, would be made from funds available for the operation of the authority. The au thority would also be authorized to deduct any additional employee contributions from the employee's salary.

The following is a revised summary of the relevant findings of the actuarial investiga tion for this bill pursuant to a request by the House Retirement Committee. The investiga tion was to be conducted according to OCGA 47-20-36 which outlines the factors to be con sidered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will result from the bill.

$0

(2) The amount of annual normal cost which will result from the bill.

$ 12,500

(3) The employer contribution rate currently in effect.

17.29%

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

17.29%

(5) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$ 22,000

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It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

/s/ G. W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge Fincher

Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Albert Broun Coleman

English Engram Scott of 2nd

Tate (excused) Timmons (excused)

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1324. By Representatives Pannell of the 122nd, Richardson of the 52nd, Steinberg of the 46th and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to supersede, modernize, and amend the laws relating to charitable organizations, charitable solicitations, professional fund raisers, and professional solicitors.

Senate Sponsor: Senator Dawkins of the 45th.

The Senate Committee on Consumer Affairs offered the following substitute to HB 1324:

A BILL
To be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to supersede, modernize, and amend the laws relating to charitable organizations, charitable solicitations, professional fund raisers, and professional solicitors; to provide a short title; to provide definitions; to provide for registra tion of paid solicitors, fundraising counsels, and charitable organizations; to provide for ap plications, documents, financial statements, fees, accountings, deposits of funds, records, contracts, notices, surety bonds, letters of credit, certificates of deposit, obligations, prac-

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tices, procedures, and requirements related thereto; to provide for service of process; to pro vide for refusal, suspension, or revocation of registration; to provide for renewal and amend ment of registrations; to regulate charitable sales promotions; to require certain disclosures at the point of solicitation; to provide for exemptions for organizations and transactions; to provide for administration by the Secretary of State; to provide for the powers, duties, com pensation, and expenses of the Secretary of State and employees thereof; to provide for rules and regulations; to provide for public and confidential records; to provide for investi gations, subpoenas, hearings, and cooperation with other agencies or jurisdictions; to provide for disclosure of information; to prohibit certain acts or practices and provide penalties therefor; to provide for private, administrative, civil, and criminal actions; to provide for venue; to provide for judicial review; to provide for application of certain laws; to provide for immunity of the Secretary of State; to provide for the burden of proving exemptions; to provide for evidence; to provide for applicability of laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Chapter 17, relating to professional fund raisers and professional solicitors, and inserting in lieu thereof a new Chapter 17 to read as follows:
"CHAPTER 17
43-17-1. This chapter shall be known and may be cited as the 'Georgia Charitable Solic itations Act of 1988.'
43-17-2. As used in this chapter, the term:
(1) 'Administrator' means the office created in subsection (a) of Code Section 10-1-395.
(2) 'Charitable organization' means any benevolent, philanthropic, patriotic, or elee mosynary (of, relating to, or supported by charity or alms) person, as that term is defined in this Code section, who solicits or obtains contributions solicited from the general public, any part of which contributions is used for charitable purposes; and any person who or which falsely represents himself or itself to be a charitable organization as defined by this para graph. The term charitable organization shall not include religious agencies and organiza tions and charities, agencies, and organizations operated, supervised, or controlled by or in connection with a religious organization.
(3) 'Charitable purpose' means any charitable, benevolent, philanthropic, patriotic or eleemosynary purpose for religion, health, education, social welfare, arts and humanities, environment, civic, or public interest; and any purpose which is falsely represented to be a charitable purpose as defined by this paragraph.
(4) 'Charitable sales promotion' means an advertising or sales campaign, conducted by a commercial coventurer, which represents that the purchase or use of goods or services of fered by the commercial coventurer will benefit, in whole or in part, a charitable organiza tion or purpose.
(5) 'Commercial coventurer' means a person who for profit is regularly and primarily engaged in trade or commerce other than in connection with soliciting for charitable organi zations or purposes and who conducts a charitable sales promotion.
(6) 'Contribution' means the promise or grant of any money or property of any kind or value.
(7) 'Executive officer' means the chief executive officer, the president, the principal fi nancial officer, the principal operating officer, each vice president with responsibility involv ing policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar functions with respect to any organization, whether incorporated or unincorporated.
(8) 'Fund raising counsel' means any person who, for compensation, plans, manages, advises, consults, or prepares material for, or with respect to, the solicitation in this state of

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contributions for a charitable organization, but who does not solicit contributions and who does not employ, procure, or engage any compensated person to solicit contributions. A law yer, accountant, investment counselor, or banker who, solely incidental to his or her profes sion, renders professional services to a charitable organization, paid solicitor, or fund-raising counsel or advises a person to make a contribution or holds charitable funds subject to an escrow or trust agreement shall not be deemed, as a result of such actions, to be a fundraising counsel. A bona fide salaried officer, employee, or volunteer of a charitable organization shall not be deemed to be a fundraising counsel.
(9) 'Membership' or 'member' means a status by which, for the payment of fees, dues, assessments, and other similar payments, an organization provides services to the payor and confers on the payor a bona fide right, privilege, professional standing, honor, or other direct benefit other than the right to vote, elect officers, or hold offices. The term 'membership' or 'member' shall not be construed to apply to a person on whom an organization confers a membership solely as a consideration for making a contribution.
(10) 'Paid solicitor' means a person other than a commercial coventurer or charitable organization who, for compensation, performs for a charitable organization any service in connection with which contributions are, or will be, solicited within or from this state by such compensated person or by any compensated person he employs, procures, or engages, directly or indirectly, to solicit. A paid solicitor shall also include any fundraising counsel who at any time has custody of contributions from a solicitation as defined by this chapter. An attorney, investment counselor, accountant, or banker who, solely incidental to his or her profession, advises a person to make a charitable contribution or who holds funds subject to an escrow or trust agreement shall not be deemed, as the result of such actions, to be a paid solicitor. A bona fide salaried officer, employee, or volunteer of a charitable organization or commercial coventurer shall not be deemed to be a paid solicitor.
(11) 'Person' means an individual, a corporation, a partnership, an association, a jointstock company, a trust, or any unincorporated organization.
(12) 'Solicitation,' 'solicitation of funds,' or 'solicit' means the request or acceptance directly or indirectly of money, credit, property, financial assistance, or any other thing of value to be used for any charitable purpose; and such act shall be a consumer act or practice or consumer transaction as defined by Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.'
(13) 'State' means any state, territory, or possession of the United States, the District of Columbia, Puerto Rico, and the Virgin Islands.
43-17-3. (a) No paid solicitor shall solicit contributions on behalf of a charitable organi zation required to be registered pursuant to Code Section 43-17-5 within or from this state, unless he is a registered paid solicitor pursuant to this Code section.
(b) A fundraising counsel who at any time has custody of contributions from a charita ble solicitation on behalf of a charitable organization required to be registered pursuant to Code Section 43-17-5 must be registered as a paid solicitor and comply with the provisions of this Code section. Registration is not required for attorneys, accountants, investment counselors, and bankers who, solely incidental to their profession have custody of such funds pursuant to an escrow or trust agreement.
(c) (1) A paid solicitor shall register with the Secretary of State prior to engaging in any solicitation. Each registration shall expire on December 31 of each year and may be renewed for additional one-year periods upon application and the payment of the fee.
(2) Applications for registration may be made by any person and shall be accompanied by the registration fee set forth in subsection (b) of this Code section. Such application for registration shall be made in a manner prescribed by the Secretary of State, shall be verified by the applicant, shall be filed with the Secretary of State, and shall contain the information

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and documents set forth in this subsection and such other information as may be prescribed by rules and regulations promulgated by the Secretary of State:
(A) The name of the applicant;
(B) The address of the principal place of business of the applicant and the addresses of all branch offices of the applicant in this state;
(C) The form of business organization; the date of organization of the applicant; and if the business entity is a corporation or limited partnership, the date it qualified to do busi ness in Georgia;
(D) The names and business addresses of all general partners, limited partners, direc tors, affiliates, or executive officers of the applicant; a statement of the limitations, if any, of the liability of any general partner, limited partner, director, affiliate, or executive officer; and a statement setting forth in chronological order the occupational activities of each such general partner, limited partner, director, affiliate, or executive officer during the preceding ten years;
(E) A brief description of the general character of the business conducted or proposed to be conducted by the applicant;
(F) A list of any other states in which the applicant is registered as a paid solicitor and, if registration of the applicant as a paid solicitor has ever been denied, revoked, suspended, or withdrawn or if such a proceeding is pending in any state, full details with respect thereto;
(G) Whether the applicant or any general partner, limited partner, director, affiliate, or executive officer of such applicant has ever been subject to any injunction or disciplinary proceeding by any state agency involving any aspect of fundraising or solicitation, has ever been convicted of or charged with a misdemeanor of which fraud is an essential element or which involved charitable fundraising, or has ever been convicted of or charged with a fel ony and, if so, all pertinent information with respect to such injunction, disciplinary pro ceeding, conviction, or charge; and
(H) Whether the applicant or any general partner, limited partner, director, affiliate, or executive officer of such applicant has ever been subject to an order, consent order, or any other disciplinary or administrative proceeding pursuant to the unfair and deceptive acts and practices law of any state and, if so, all pertinent information with respect to such order or proceedings.
(3) The applicant shall attach to the application for registration as a paid solicitor a financial statement as of a date within one year prior to the date of filing. If the paid solici tor has received or collected more than $50,000.00 during its preceding fiscal year, the finan cial statement shall be a certified financial statement as of a date within one year prior to the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the fiscal year preceding such last fiscal year. Such financial statement shall be prepared in accor dance with generally accepted accounting principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office.
(4) When an applicant has fully complied with this subsection, the Secretary of State shall register such applicant as a paid solicitor unless he shall find that there are grounds for denial as provided in Code Section 43-17-7. When the Secretary of State has registered an applicant as a paid solicitor, he shall immediately notify the applicant of such registration.
(5) If the Secretary of State finds that there are sufficient grounds to deny the registra tion of the applicant as provided in Code Section 43-17-7, he shall issue an order refusing to register the applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at his business address and to any charitable organization who proposes to employ such applicant.

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(6) Every registration under this Code section shall expire on December 31 of each year. The registration of a paid solicitor must be renewed each year by the submission of a re newal application containing the information required in an application for registration, to the extent that such information has not previously been included in an application or re newal application previously filed, by the payment of the proper registration fee, and by the filing of a financial statement as of a date within one year prior to the date of filing. If the paid solicitor has received or collected more than $50,000.00 during its preceding fiscal year, the financial statement shall be a certified financial statement as of a date within one year of the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the preceding fiscal year. Such financial statements shall be prepared in accordance with gener ally accepted accounting principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office.
(7) The registration of a paid solicitor shall be promptly amended to reflect a change of name, address, principals, state of incorporation, or other changes which materially affect the business of the paid solicitor. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation.
(d) The fee for the initial registration of a paid solicitor shall be $250.00. The fee to amend the registration shall be $15.00. The annual renewal fee for a paid solicitor shall be $100.00.
(e) (1) There shall be a contract between a paid solicitor and a charitable organization which shall be in writing, shall clearly state the respective obligations of the paid solicitor and the charitable organization, and shall state the amount of the gross revenue from the solicitation campaign that the charitable organization will receive. Such amount shall be expressed as a fixed percentage of the gross revenue or as a reasonable estimate of the gross revenue, subject to and in accordance with the provisions of paragraphs (2), (3), and (4) of this subsection.
(2) If the compensation of the paid solicitor is contingent upon the number of contribu tions or the amount of revenue received from the solicitation campaign, the stated amount shall be expressed as a fixed percentage of the gross revenue.
(3) If the compensation of the paid solicitor is not contingent upon the number of con tributions or the amount of revenue received, the stated amount shall be a reasonable esti mate, expressed as a percentage of the gross revenue, and the contract shall clearly disclose the assumptions upon which the estimate is based. The stated assumptions shall be based upon all the relevant facts known to the paid solicitor regarding the solicitation to be con ducted as well as the past performance of solicitations conducted by the paid solicitor. If the stated amount is a reasonable estimate, rather than a fixed percentage of the gross revenue, the contract shall also provide that the charitable organization is guaranteed a percentage of the gross revenue which is no less than the reasonable estimate less 10 percent of the gross revenue.
(4) The stated percentages required by this Code section shall exclude any amount which the charitable organization is to pay as expenses of the solicitation campaign, includ ing the cost of merchandise or services sold or events staged.
(f) Prior to the commencement of each solicitation campaign the paid solicitor shall file with the Secretary of State a completed 'solicitation notice' on forms prescribed by the Sec retary of State. The solicitation notice shall include a copy of the contract described in subsection (e) of this Code section, the projected dates when soliciting will commence and terminate, the location and telephone number from which the solicitation will be conducted, the name and residence address of each person responsible for directing and supervising the conduct of the campaign, a statement as to whether the paid solicitor will at any time have custody of contributions, and a full and fair description of the charitable program for which the solicitation campaign is being carried out.

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(g) The Secretary of State shall examine each paid solicitor's registration application, solicitation notice, and contract to determine whether the applicable requirements of this chapter relating to the same are satisfied. The Secretary of State shall notify the paid solici tor of any deficiencies therein.
(h) Within 90 days after a solicitation campaign has been completed, and on the anni versary of the commencement of a solicitation campaign lasting more than one year, the paid solicitor shall account to the charitable organization with whom it has contracted for all contributions collected and expenses paid. The accounting shall be in writing, shall be retained by the charitable organization for three years, and shall be available to the Secre tary of State upon request.
(1) Each contribution collected by the paid solicitor shall, in its entirety and within ten days of its receipt, be deposited in an account at a bank or other federally insured financial institution. The account shall be in the name of the charitable organization with whom the paid solicitor has contracted and the charitable organization shall have sole control of all withdrawals from the account.
(j) (1) The paid solicitor shall maintain during each solicitation campaign and for not less than three years after its completion, the following records:
(A) The name and, if known to the paid solicitor, the address of each person pledging to contribute together with the date and amount of the pledge;
(B) The name and residence address of each employee, agent, or other person, however styled, involved in the solicitation;
(C) A record of all contributions at any time in the custody of the paid solicitor;
(D) A record of all expenses incurred by the paid solicitor for which the charitable organization is liable for payment;
(E) The location and account number of all bank or other financial institution accounts in which the paid solicitor has deposited revenue from the solicitation campaign; and
(F) Such other records as may be prescribed by the Secretary of State by rule and regulation.
(2) If the paid solicitor sells tickets to an event and represents that tickets will be donated for use by another, the paid solicitor shall also maintain for the same period as specified in paragraph (1) of this subsection:
(A) The name and address of those contributors donating tickets and the number of tickets donated by each contributor; and
(B) The name and address of all organizations receiving donated tickets for use by others, including the number of tickets received by each organization.
(3) All records of such paid solicitor are subject to such reasonable periodic, special, or other examinations by representatives of the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate in the public interest or for the protection of the public, provided that the Secretary of State shall not disclose this informa tion except to the extent necessary for investigative or law enforcement purposes.
43-17-4. (a) Except as otherwise provided in this subsection, no applicant shall be regis tered as a paid solicitor under this chapter nor shall any such registration be renewed until the applicant files with the Secretary of State a bond satisfactory to the Secretary of State in the sum of $10,000.00 payable to the State of Georgia for the use of all interested persons and conditioned upon the faithful compliance by the principal with any and all provisions of this chapter and any regulations and orders issued by the Secretary of State. Any such bond may be canceled by the principal or surety by giving notice to the Secretary of State, but such cancellation shall not affect any cause of action accruing thereon prior to cancellation and such cancellation shall result in automatic cancellation of the principal's registration until a new bond satisfactory to the Secretary of State is filed. Any action on such bond

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must be brought within two years after accrual of the cause of action. The amount pre scribed in this subsection for the bond required of a paid solicitor shall be construed as being the aggregate liability recoverable against such bond, regardless of the number of claimants, and shall not be construed as individual liability.
(b) The requirement for filing of such bond by an applicant for registration or renewal of registration as a paid solicitor shall not be applicable if the applicant for registration or renewal of registration as a paid solicitor has deposited in trust with the Secretary of State:
(1) A certificate of deposit or letter of credit evidencing a deposit with a financial insti tution satisfactory to the Secretary of State in the amount of $10,000.00 payable to the applicant and assigned to the Secretary of State;
(2) An irrevocable letter of credit addressed to the Secretary of State in the amount of $10,000.00, issued by a bank which is a member of the Federal Reserve System and condi tioned only upon the rendering of a judgment by a court of competent jurisdiction in which the applicant is found liable for damages under this chapter; or
(3) Obligations of the United States, an agency thereof, or the State of Georgia which mature in not more than two years and which have a market value as of the date of deposit of at least $10,000.00.
(c) Such deposits shall be held for the benefit of all persons to whom the applicant is liable for damages under this chapter for a period of two years after such applicant's regis tration has expired or been revoked; provided, however, such deposits shall not be released at any time while there is pending against the applicant an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdiction), of which the Secretary of State has notice, in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter. Such deposits shall not be re leased except upon application to and the written order of the Secretary of State. The Sec retary of State shall have no liability for any such release of any deposit or part thereof made by him in good faith. The Secretary of State may designate any regularly constituted state depository having trust powers domiciled in this state as a depository to receive and hold any such deposit. Any such deposit so held shall be at the expense of the applicant. Such depository shall give to the Secretary of State a proper trust and safekeeping receipt upon which the Secretary of State shall give an official receipt to the applicant. The State of Georgia shall be responsible for the safekeeping and return of all deposits made pursuant to this Code section. So long as the applicant complies with this chapter, the applicant may demand, receive, bring an action for, and recover the income from the securities deposited or may exchange and substitute for the letter of credit or securities deposited or a part thereof, with the approval of the Secretary of State, a letter of credit or securities of the kinds specified in subsection (b) of this Code section of equivalent or greater value. No judgment creditor or other claimant of the applicant shall levy upon any deposit held pursu ant to this Code section or upon any part thereof, except as specified in this subsection. Whenever any person shall file an action in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter, such person, in order to secure his recovery, may give notice to the Secretary of State of such alleged liability and of the amount of damages claimed, after which notice the Secretary of State shall be bound to retain, subject to the order of the Superior Court of Fulton County, as provided in subsec tion (d) of this Code section, a sufficient amount of the deposit to pay the judgment in the action.
(d) In the event that the applicant prevails in such action and in the event that such deposits have been held by the Secretary of State for a period of at least two years after the applicant's registration has expired or been revoked, then such deposits shall be released to the applicant; provided, however, such deposits shall not be released at any time while there is pending against the applicant an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdiction), of which the Secretary of State has notice, in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter. If a judgement is rendered in such action by which it is

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determined that the applicant is liable for damages under this chapter and the applicant has not paid the judgment within ten days of the date the judgment became final or if the applicant petitions the Supreme Court of the United States to take certiorari jurisdiction over such action and the applicant has not paid the judgment within ten days of the date the Supreme Court of the United States denies certiorari jurisdiction or within ten days of the date the Supreme Court of the United States affirms the judgment, then such person may petition the Superior Court of Fulton County for an order directing the Secretary of State to reduce such deposit or a portion thereof sufficient to pay the judgment to cash or its equivalent and to pay such judgment to the extent the judgment may be satisfied with the proceeds of the deposit. If there shall remain any residue from the deposit and if at least two years have passed since the expiration or revocation of the applicant's registration, the Secretary of State shall pay such residue to the applicant, taking his receipt for the residue, which shall be filed and recorded with the other papers of the case, unless there is pending against the applicant an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdiction), of which the Secretary of State has notice, in a court of competent jurisdiction in which it is alleged that the applicant is liable for dam ages under this chapter, in which case the Secretary of State shall hold or dispose of such residue in accordance with the provisions of this subsection relating to the holding or dis posing of the entire deposit. If more than one final judgment is rendered against the appli cant for violation of this chapter, the judgment creditors shall be paid in full from such deposit or residue thereof, to the extent the deposit or residue is sufficient to pay the judg ments, in the order in which the judgment creditors petitioned the Superior Court of Fulton County.
(e) Anything in this Code section to the contrary notwithstanding, the Secretary of State shall comply with any order of a Georgia or United States court of competent jurisdic tion to turn over any deposit held by him pursuant to subsection (a) of this Code section or the proceeds from any bond held by him pursuant to subsection (a) of this Code section to a trustee or receiver for the use and sole benefit of persons on whose behalf the Secretary of State holds such deposit or proceeds.
43-17-5. (a) It shall be unlawful for any person to solicit or accept charitable contribu tions from any person in this state unless the charitable organization on whose behalf such contributions are being solicited is:
(1) Subject to an effective registration statement under this chapter; or
(2) Is exempt from registration pursuant to Code Section 43-17-9.
(b) (1) Every charitable organization, except those exempt from registration pursuant to Code Section 43-17-9, which intends to solicit in this state or have contributions solicited in this state on its behalf by other charitable organizations, commercial coventurers, or paid solicitors shall, prior to any solicitation, file a registration statement with the Secretary of State upon a form prescribed by the Secretary of State. No charitable organization required to be registered under this Code section shall solicit prior to registration.
(2) A registration statement shall be signed by an authorized executive officer of the charitable organization and shall contain the following information:
(A) The name under which the charitable organization intends to solicit contributions;
(B) The names and addresses of officers, directors, trustees, and executive personnel and, in the case of a state-wide parent organization, the communities in which the chapters, branches, or affiliates are located and their directors;
(C) The names and addresses of any fundraising counsel or paid solicitor who acts or will act on behalf of the charitable organization, together with a statement setting forth the terms of the arrangements for salaries, bonuses, commissions, or other remuneration to be paid to the fundraising counsel or paid solicitor;
(D) The general purposes for which the charitable organization is organized;
(E) The purposes for which the contributions to be solicited will be used;

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(F) The period of time during which the solicitation will be made;
(G) The method of solicitation; and
(H) Such other information as the Secretary of State may require.
(3) There shall be filed with such application an irrevocable written consent of the ap plicant to the service of process upon the Secretary of State in actions against such appli cant in the manner and form provided in Code Section 43-17-18.
(4) There shall be filed with such application a financial statement of the charitable organization or a consolidated financial statement of the charitable organization and its sub sidiaries as of a date within one year prior to the filing of the registration statement. If the charitable organization has received or collected more than $50,000.00 during its preceding fiscal year, the financial statement shall be a certified financial statement of the charitable organization or a certified consolidated financial statement of the charitable organization and its subsidiaries prepared in accordance with generally accepted accounting principles as of a date within one year prior to the date of filing unless the last fiscal year of the charita ble organization has ended within 90 days prior to the date of filing, in which case such certified financial statement may be as of the end of the fiscal year preceding such last fiscal year.
(5) Every charitable organization registered with the Secretary of State shall file with the Secretary of State copies of any federal or state tax exemption determination letters received after the initial registration within 30 days after receipt and shall file any amend ments to its organizational instrument within 30 days after adoption.
(6) The Secretary of State may waive the furnishing of any information required by this subsection and may require such additional information as to the previous history, records, or association of the applicant, general partners, limited partners, directors, affiliates, or executive officers as he may deem necessary to establish whether or not the applicant should be registered as a charitable organization under this chapter.
(7) When an applicant has fully complied with this subsection, the Secretary of State shall register such applicant as a charitable organization unless he shall find that there are grounds for denial as provided in Code Section 43-17-7. When the Secretary of State has registered an applicant as a charitable organization, he shall immediately notify the appli cant of such registration.
(8) If the Secretary of State finds that there are sufficient grounds to deny the registra tion of the applicant as provided in Code Section 43-17-7, he shall issue an order refusing to register the applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at its business address and to any paid solicitor who proposes to solicit contributions on behalf of the charitable organization.
(9) Every registration under this Code section shall be valid for a period of 12 months from its date of effectiveness. The registration must be renewed on or before the expiration date each year by the submission of a renewal application containing the information re quired in an application for registration, to the extent that such information has not previ ously been included in an application or renewal application previously filed, by the pay ment of the proper registration fee, and by the filing of a financial statement as of a date within one year prior to the date of filing. If the charitable organization has received or collected more than $50,000.00 during its preceding fiscal year, the financial statement shall be a certified financial statement of the charitable organization or a certified consolidated financial statement of the charitable organization and its subsidiaries as of a date within one year of the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the preceding fiscal year. Such financial statements shall be prepared in accordance with generally accepted accounting principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office.

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(10) The registration of a charitable organization shall be promptly amended to reflect a change of name, address, principals, state of incorporation, corporate forms (including a merger of two charitable organizations), or other changes which materially affect the busi ness of the charitable organization. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation.
(c) The fee for the initial registration of a charitable organization shall be $25.00. The fee for filing amendments to the registration shall be $15.00. The annual renewal fee for a charitable organization shall be $10.00.
(d) A charitable organization shall maintain for not less than three years a record of all contributions including, but not limited to, the name and address of each contributor giving $25.00 or more directly to the charitable organization, the date and amount of the contribu tion, and the location and account number of all bank or other financial institution accounts in which the charitable organization has deposited contributions. All records of charitable organizations which relate to charitable solicitations or charitable contributions are subject to such reasonable periodic, special, or other examinations by representatives of the Secre tary of State, within or outside this state, as the Secretary of State deems necessary or appropriate in the public interest or for the protection of the public, provided that the Secretary of State shall not disclose this information except to the extent necessary for in vestigative or law enforcement purposes.
43-17-6. (a) Every charitable organization which agrees to permit a charitable sales pro motion to be conducted in its behalf shall obtain, prior to the commencement of the charita ble sales promotion within this state, a written agreement from the commercial coventurer which shall be available to the Secretary of State upon request. The agreement shall be signed by an authorized representative of the charitable organization and the commercial coventurer and it shall include, at a minimum, the following:
(1) The goods or services to be offered to the public;
(2) The geographic area where, and the starting and final date when, the offering will be made;
(3) The manner in which the charitable organization's name will be used, including the representation to be made to the public as to the actual or estimated dollar amount or percent per unit of goods or services purchased or used that will benefit the charitable organization;
(4) If applicable, the maximum dollar amount that will benefit the charitable organization;
(5) The estimated number of units of goods or services to be sold or used;
(6) A provision for a final accounting on a per unit basis to be given by the commercial coventurer to the charitable organization and the date by which it will be made;
(7) A statement that the charitable sales promotion is subject to the requirements of this chapter; and
(8) The date by when, and the manner in which, the benefit will be conferred on the charitable organization.
(b) The final accounting for the charitable sales promotion shall be kept by the com mercial coventurer for three years after the final accounting date.
(c) All records of charitable organizations and commercial coventurers pertaining to such sales promotion are subject to such reasonable periodic, special, or other examinations by representatives of the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate in the public interest or for the protection of the public, provided that the Secretary of State shall not disclose this information except to the extent necessary for investigative or law enforcement purposes.
43-17-7. (a) The Secretary of State, by order, may deny, suspend, or revoke a registra-

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tion, limit the fundraising activities that an applicant or registered person may perform in this state, bar an applicant or registered person from association with a paid solicitor or charitable organization, or bar a person who is a partner, officer, director, or employee of an applicant or registered person from employment with a paid solicitor or charitable organiza tion if the Secretary of State finds that the order is in the public interest and that the applicant, registered person, or such other person:
(1) Has filed an application for registration with the Secretary of State which, as of its effective date or any date after filing in the case of an order denying effectiveness, was incomplete in a material respect or contained a statement that was, in light of the circum stances under which it was made, false or misleading with respect to a material fact;
(2) Has willfully violated or failed to comply with this chapter, a prior enactment, or a rule promulgated by the Secretary of State under this chapter or a prior enactment;
(3) Is the subject of an adjudication or determination, after notice and opportunity for hearing, within the last five years by a state or federal agency or a court of competent juris diction that the person has violated the charitable organizations regulatory act or the unfair and deceptive acts and practices law of any state, but only if the acts constituting the viola tion of that state's law would constitute a violation of this chapter had the acts occurred in this state;
(4) Within the last ten years has been convicted of a felony or misdemeanor which the Secretary of State finds:
(A) Involves the solicitation or acceptance of charitable contributions or the making of a false oath, the making of a false report, bribery, perjury, burglary, or conspiracy to commit any of the foregoing offenses;
(B) Arises out of the conduct of solicitation of contributions for a charitable organiza tion; or
(C) Involves the larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion, or misappropriation of funds;
(5) Is permanently or temporarily enjoined by a court of competent jurisdiction from acting as a charitable organization, paid solicitor, or as an affiliated person or employee of such;
(6) Is the subject of an order of the Secretary of State denying, suspending, or revoking the person's registration as a charitable organization or paid solicitor;
(7) Has violated a law or any rule or regulation of this state, any other state, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which law or rule or regulation relates to or in part regulates charitable organi zations or paid solicitors regulated under this chapter, when the charitable organization or paid solicitor knows or should know that such action is in violation of such law, rule, or regulation; or
(8) Has failed to pay the proper filing fee within 30 days after being notified by the Secretary of State of a deficiency, but the Secretary of State shall vacate an order under this subsection when the deficiency is corrected.
(b) The Secretary of State may not begin a proceeding on the basis of a fact or transac tion known to the Secretary of State when the registration became effective unless the pro ceeding is begun within 90 days after effectiveness of the registration.
(c) If the Secretary of State finds that an applicant or registered person is no longer in existence; has ceased to do business as a paid solicitor or charitable organization; is adjudi cated mentally incompetent or subjected to the control of a committee, conservator, or guardian; or cannot be located after reasonable search, the Secretary of State, by order, may deny the application or revoke the registration.
(d) The Secretary of State may at any time require a. charitable organization or paid

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solicitor to file with him a financial statement showing its financial condition as of the most recent practicable date, but such financial statement need not be certified.
43-17-8. Every charitable organization or paid solicitor registered under this Code sec tion and soliciting in this state shall include the following disclosures at the point of solicitation:
(1) The name and location of the paid solicitor;
(2) The name and location of the charitable organization for which the solicitation is being made;
(3) That the following information will be made available upon request:
(A) A full and fair description of the charitable program for which the solicitation cam paign is being carried out and, if different, a full and fair description of the programs and activities of the charitable organization on whose behalf the solicitation is being carried out; and
(B) A financial statement or summary which shall be consistent with the financial state ment required to be filed with the Secretary of State pursuant to Code Section 43-17-5; and
(4) In the case of a telephone solicitation, the location of the caller.
43-17-9. (a) The following persons are exempt from the provisions of Code Sections 4317-3, 43-17-4, 43-17-5, 43-17-6, and 43-17-8:
(1) Nonprofit educational institutions and those organizations, foundations, associa tions, corporations, charities, and agencies operated, supervised, or controlled by or in con nection with a nonprofit educational institution;
(2) Business, professional, and trade associations and federations which do not solicit members or funds from the general public;
(3) Fraternal, civic, benevolent, patriotic, and social organizations, when solicitation of contributions is carried on by persons for their services and is confined to their membership or to persons within the county in which such organization is located;
(4) Persons requesting any contributions for the relief of any other individual who is specified by name at the time of the solicitation if all of the contributions collected, without any deductions whatsoever, are turned over to the named beneficiary;
(5) Any charitable organization whose total gross revenue is less than $15,000.00 per calendar year or which is exempt from filing a federal annual information return pursuant to Internal Revenue Code section 6033(a)(2)(A)(i) and (iii) and Internal Revenue Code sec tion 6033(a)(2)(C)(i);
(6) Any local or state-wide organization of hunters, fishermen, and target shooters which has been recognized as an organization described in Section 501(c)(3) or Section 501(c)(4) of the Internal Revenue Code, as amended, or the corresponding provisions of any future federal revenue law; or
(7) Political parties, candidates for federal or state office, and political action commit tees required to file financial information with federal or state elections commissions.
(b) Local community organizations or local fundraising campaign managers affiliated with or acting for a state-wide parent organization by contract or agreement need not regis ter separately with the Secretary of State. The single registration of the state-wide parent organization shall be considered all inclusive of all of its chapters, branches, or affiliates and individuals, which will be identified by listing the communities in which they are located and their directors, as provided in Code Section 43-17-5.
(c) National charitable organizations having a Georgia affiliate registered under this chapter need not register separately with the Secretary of State; provided, however, that all records of such national organizations which relate to charitable solicitations or charitable contributions shall be subject to such reasonable periodic, special, or other examinations by

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the Secretary of State, within or outside this state, as the Secretary of State deems neces sary or appropriate for the protection of the public. The Secretary of State shall not disclose this information except to the extent necessary for investigative or law enforcement purposes.
(d) Charitable organizations which do not solicit or receive contributions from the gen eral public other than through affiliated organizations registered under this chapter need not register separately with the Secretary of State; provided, however, that all records of such organizations which relate to charitable solicitations or charitable contributions shall be subject to such reasonable periodic, special, or other examinations by the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate for the protection of the public. The Secretary of State shall not disclose this information except to the extent necessary for investigative or law enforcement purposes.
(e) The Secretary of State is authorized to exempt, by rule, regulation, or order, such entities and organizations from the registration provisions of Code Section 43-17-5 as he deems necessary and appropriate in the public interest.
43-17-10. (a) The administration of this chapter shall be vested in the Secretary of State.
(b) The Secretary of State is authorized to administer oaths in and to prescribe forms for all matters arising under this chapter. The Secretary of State shall cooperate with the administrators of the charitable solicitation laws of other states with a view to assisting those administrators in the enforcement of such laws and to achieving maximum uniformity in the interpretation of like provisions of the laws administered by them and in the forms which are required to be filed under such laws.
(c) The Secretary of State is authorized to employ examiners, clerks, stenographers, and other employees as the administration of that portion of this chapter vested in him may require. The Secretary of State is also authorized to appoint and employ investigators who shall have, in any case that there is reason to believe a violation of this chapter has occurred or is about to occur, the right and power to serve subpoenas and to swear out and execute search warrants and arrest warrants.
(d) The Secretary of State may promulgate such rules and regulations, not inconsistent with the provisions of this chapter, necessary for the administration and enforcement of this chapter. Such rules and regulations shall be promulgated in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(e) The Secretary of State or any persons employed by him shall be paid, in addition to their regular compensation, the transportation fare, board, lodging, and other traveling ex penses necessary and actually incurred by each of them in the performance of their duties under this chapter.
(f) The Secretary of State may delegate such of his powers and duties under this chap ter as he desires to a division director in his office.
(g) The Secretary of State may designate filing depositories for all records required to be filed and maintained under this chapter. Such records may be maintained in original form or by means of microfilm, microfiche, microphotographic reproduction, photographic reproduction, word processing, computerization, or other acceptable reproductive methods.
(h) Except as provided in subsection (i) of this Code section, information and docu ments filed with or obtained by the Secretary of State are public information and are availa ble for public examination.
(i) The following information and documents do not constitute public information under subsection (h) of this Code section and shall be confidential:
(1) Information or documents obtained by the Secretary of State in connection with an investigation under Code Section 43-17-11; and

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(2) Any document or record specifically designated as confidential in accordance with this chapter or the rules and regulations promulgated under this chapter.
43-17-11. (a) The Secretary of State, in enforcing this chapter, may:
(1) Make such public or private investigations within or outside of this state as he deems necessary to determine whether any person has violated or is about to violate this chapter or any rule, regulation, or order under this chapter or to aid in the enforcement of this chapter;
(2) Require or permit any person to file a statement in writing, under oath or otherwise as the Secretary of State determines, as to all the facts and circumstances concerning the matter to be investigated; and
(3) Publish information concerning any violation of this chapter or any rule, regulation, or order under this chapter.
(b) (1) For the purpose of conducting any investigation as provided in this Code section, the Secretary of State shall have the power to administer oaths, to call any party to testify under oath at such investigation, to require the attendance of witnesses, to require the pro duction of books, records, and papers, and to take the depositions of witnesses. For such purposes the Secretary of State is authorized to issue a subpoena for any witness or a sub poena for the production of documentary evidence. Such subpoenas may be served by regis tered or certified mail, return receipt requested, to the addressee's business mailing address or by investigators appointed by the Secretary of State or shall be directed for service to the sheriff of the county where such witness resides or is found or where the person in custody of any books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the Secretary of State in the same manner that other expenses of the Secretary of State are paid.
(2) The Secretary of State may issue and apply to enforce subpoenas in this state at the request of the administrator of the charitable solicitation laws of another state if the activi ties constituting an alleged violation for which the information is sought would be a viola tion of this chapter if the activities had occurred in this state.
(c) In case of refusal to obey a subpoena issued under any Code section of this chapter to any person, a superior court of appropriate jurisdiction, upon application by the Secre tary of State, may issue to the person an order requiring him to appear before the court to show cause why he should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court.
(d) In addition to any other hearings and investigations which the Secretary of State is authorized or required by this chapter to hold, the Secretary of State is also authorized to hold general investigative hearings on his own motion with respect to any matter under this chapter. A general investigative hearing as provided for in this subsection may be conducted by an person designated by the Secretary of State for that purpose and may, but need not be, transcribed by the Secretary of State or by any other interested party. No formal action may be taken as a result of such investigative hearings, but the Secretary of State may take such action as he deems appropriate, based on the information developed in the hearing and on any other information which he may have.
(e) The Secretary of State may cooperate with the administrator of Part 2 of Article 15 of Chapter 1 of Title 10, known as the 'Fair Business Practices Act of 1975,' in enforcing the provisions of this chapter. Said cooperation includes, but is not limited to, making a joint examination or investigation; holding joint administrative hearings; filing and prosecuting a joint civil or administrative proceeding; sharing and exchanging information and documents; and disclosing information and documents obtained in connection with an investigation. When the administrator has initiated a civil or administrative proceeding in connection with a joint investigation under this subsection he may publish information concerning any viola tion of this chapter or Part 2 of Article 15 of Chapter 1 of Title 10, known as the 'Fair Business Practices Act of 1975.'

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(f) To encourage uniform interpretation and administration of this chapter and effec tive regulation and enforcement, the Secretary of State may cooperate with state law en forcement or regulatory agencies and agencies or administrators of one or more states, Cana dian provinces or territories, another country, appropriate federal agencies, any national or international organization of officials or agencies, and any governmental law enforcement or regulatory agency. Such cooperation includes, but is not limited to, making a joint registra tion examination or investigation; holding joint administrative hearings; filing and prosecut ing a joint civil or administrative proceeding; sharing and exchanging personnel; sharing and exchanging information and documents; and disclosing information obtained in connection with an investigation under this Code section to the extent provided in this Code section and if disclosure is for the purpose of a civil, administrative, or criminal investigation or proceeding by a local, state, or federal law enforcement or regulatory agency and the receiv ing agency presents that, under the applicable law, protections exist to preserve the integ rity, confidentiality, and security of the information.
43-17-12. (a) It shall be unlawful for any person to solicit or accept charitable contribu tions in violation of this chapter or any rule, regulation, or order promulgated or issued by the Secretary of State under this chapter.
(b) It shall be unlawful for any person who is registered as, or making application for registration as, a paid solicitor or charitable organization or is an affiliate of such registrant or applicant to knowingly cause to be made, in any document filed with the Secretary of State or in any proceeding under this chapter, any statement which is, at the time it is made and in light of the circumstances under which it is made, false or misleading in any material respect.
(c) It shall be unlawful for any person in connection with the planning, conduct, or execution of any charitable solicitation or charitable sales promotion, directly or indirectly:
(1) To utilize any representation that implies the contribution is for or on behalf of a charitable organization or to utilize any emblem, device, or printed matter belonging to or associated with a charitable organization, without first being authorized in writing to do so by the charitable organization;
(2) To utilize a name, symbol, or statement so closely related or similar to that used by another charitable organization that the use thereof would tend to confuse or mislead a solicited person;
(3) To misrepresent to or mislead anyone in any manner to believe that any other per son sponsors, endorses, or approves such solicitation or charitable sales promotion when such other person has not given consent in writing to the use of his name for these purposes;
(4) To utilize or exploit the fact of registration so as to lead any person to believe that such registration in any manner constitutes an endorsement or approval by the state;
(5) To represent directly or by implication that a charitable organization will receive a fixed or estimated percentage of the gross revenue from a solicitation campaign greater than that identified in filings with the Secretary of State pursuant to this Code section;
(6) To represent that tickets to events will be donated for use by another, unless the paid solicitor shall have commitments, in writing, from charitable organizations stating that they will accept donated tickets and specifying the number of tickets they are willing to accept; or
(7) To represent that any part of the contributions received will be given or donated to any other charitable organization unless such organization has consented in writing to the use of its name prior to the solicitation.
(d) It shall be unlawful for any person in connection with the planning, conduct, or execution of any charitable solicitation or charitable sales promotion, directly or indirectly:
(1) To employ a device, scheme, or artifice to defraud;

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(2) To engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon a person;
(3) To misrepresent or mislead anyone in any manner to believe that the person on whose behalf a solicitation or charitable sales promotion is being conducted is a charitable organization or that the proceeds of such solicitation or charitable sales promotion will be used for charitable purposes if such is not the fact; or
(4) To misappropriate, convert, illegally withhold, or fail to account for any charitable contributions solicited by, or on behalf of, any charitable organization required to be regis tered pursuant to this chapter.
43-17-13. (a) Whenever it may appear to the Secretary of State, either upon complaint or otherwise, that any person has engaged in or is engaging in or is about to engage in any act, practice, or transaction which is prohibited by this chapter or by any rule, regulation, or order of the Secretary of State promulgated or issued pursuant to any Code section of this chapter or which is declared to be unlawful under this chapter, the Secretary of State may, at his discretion, act under any or all of the following paragraphs and may:
(1) Impose administrative sanctions as provided in this paragraph:
(A) Subject to notice and opportunity for hearing in accordance with Code Section 4317-16, unless the right to notice is waived by the person against whom the sanction is im posed, the Secretary of State may:
(i) Issue a cease and desist order against any person;
(ii) Censure the person if the person is registered as a paid solicitor;
(iii) Bar or suspend the person from association with a paid solicitor or charitable or ganization; or
(iv) Issue an order against a paid solicitor who willfully violates this chapter, imposing a civil penalty up to a maximum of $2,500.00 for a single violation or up to $25,000.00 for multiple violations in a single proceeding or a series of related proceedings;
(B) Imposition of the sanctions under this paragraph is limited as follows:
(i) If the Secretary of State revokes the registration of a charitable organization or paid solicitor or bars a person from association with a charitable organization or paid solicitor under subparagraph (A) of this paragraph, the imposition of that sanction precludes imposi tion of the sanction specified in division (iv) of subparagraph (A) of this paragraph; and
(ii) The imposition by the Secretary of State of one or more sanctions under this para graph with respect to a specific violation precludes the Secretary of State from later impos ing any other sanctions under this paragraph with respect to the violation;
(C) For the purpose of determining the amount or extent of a sanction, if any, to be imposed under subparagraph (A) of this paragraph, the Secretary of State shall consider, among other factors, the frequency, persistence, and willfulness of the conduct constituting a violation of this chapter or a rule promulgated under this chapter or an order of the Secre tary of State, the number of persons adversely affected by the conduct, and the resources of the person committing the violation;
(2) Seek civil sanctions by applying to any superior court of competent jurisdiction in this state, which court:
(A) Upon a showing by the Secretary of State that a person has violated this chapter, a rule promulgated under this chapter, or an order of the Secretary of State, may enter or grant:
(i) A temporary restraining order, permanent or temporary injunction, or a writ of pro hibition or mandamus;
(ii) A civil penalty up to a maximum of $2,500.00 for a single violation or up to $25,000.00 for multiple violations in a single proceeding or a series of related proceedings;

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(iii) A declaratory judgment;
(iv) Restitution to contributors;
(v) An order of disgorgement;
(vi) The appointment of a receiver, auditor, or conservator for the defendant or the defendant's assets; or
(vii) Other relief as the court deems just and equitable;
(B) May, upon a showing by the Secretary of State that the defendant is about to vio late this chapter, a rule promulgated under this chapter, or an order of the Secretary of State, issue:
(i) A temporary restraining order;
(ii) A temporary or permanent injunction;
(iii) A writ of prohibition or mandamus; or
(iv) Such other relief as the court deems just and equitable;
(C) In determining the appropriate relief to grant, shall consider enforcement action taken and sanctions imposed by the Secretary of State under paragraph (1) of this subsec tion in connection with the transaction or transactions constituting a violation of this chap ter, a rule promulgated under this chapter, or an order of the Secretary of State; or
(3) Transmit such evidence as may be available concerning such act, practice, or trans action to any district attorney or to the Attorney General, who may, at his individual discre tion, institute the necessary criminal proceedings.
(b) In any proceedings for an injunction, the Secretary of State may apply for and be entitled to have issued the court's subpoena requiring:
(1) The appearance forthwith of any defendant and his agents, employees, partners, officers, or directors; and
(2) The production of such documents, books, and records as may appear necessary for the hearing upon the petition for an injunction.
(c) In any action brought under subsection (a) of this Code section, the court, upon application of the state, may appoint a receiver for the assets of the defendant where it has been established:
(1) That the defendant has engaged in a pattern of willful violations of this chapter which has resulted in substantial actual damage to citizens of this state;
(2) That the defendant is outside this state or is actually removing or about to remove himself or his property outside the limits of this state or conceals himself or his property; or
(3) That the appointment of the receiver is necessary to preserve the assets of the de fendant for the benefit of citizens of the state damaged by the defendant's violations of this chapter.
(d) When a receiver is appointed by the court pursuant to this chapter, he shall have the power to bring an action for, collect, receive, and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes, and property of every description, derived by any means in violation of this chapter, including property with which such property has been mingled. He shall have the power to sell, convey, and assign the same and to hold and dispose of the proceeds thereof under the direction of the court. The court shall have juris diction of all questions arising in such proceedings and may make such orders and judg ments therein as may be required.

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(e) In any criminal proceeding either the district attorney or the Attorney General or both may apply for and be entitled to have issued the court's subpoena requiring:
(1) The appearance forthwith of any defendant or his agents, employees, partners, of ficers, or directors; and
(2) The production of such documents, books, and records as may appear necessary for the prosecution of such criminal proceedings.
43-17-14. (a) Any person who suffers injury or damages as a result of acts or practices in violation of this chapter may bring an action against the charitable organization or paid solicitor engaged in such acts or practices. The person may recover such general damages sustained as a result of such acts or practices. Exemplary damages and attorney's fees may be awarded in cases of intentional violations of this chapter.
(b) Any person entitled to bring an action under this chapter may institute a class action pursuant to Code Section 9-11-23 for the recovery of damages.
43-17-15. For the purposes of venue for any civil or criminal action under this chapter, any violation of this chapter or of any rule, regulation, or order promulgated under this chapter shall be considered to have been committed in any county in which any act was performed in furtherance of the transaction which violated this chapter, in the county of any violator's principal place of business in this state, in the county of the charitable organi zation's principal place of business in this state, and in any county in which any violator had control or possession of any proceeds of the violation or any books, records, documents, or other material or objects which were used in furtherance of the violation.
43-17-16. (a) Where the Secretary of State has issued any order forbidding the solicita tion or acceptance of contributions under Code Section 43-17-7, he shall promptly send to the charitable organization a notice of opportunity for hearing. Before entering an order refusing to register any person under Code Section 43-17-3 or 43-17-5 and after entering of any order for revocation of suspension, the Secretary of State shall promptly send to such person and if such person is a paid solicitor to the charitable organization who employs or proposes to employ such person, a notice of opportunity for hearing. Hearings shall be con ducted pursuant to this Code section by the Secretary of State or a person designated by the Secretary of State.
(b) Notices of opportunity for hearing shall be served by investigators appointed by the Secretary of State or sent by registered or certified mail, return receipt requested, to the addressee's business mailing address. Such notice shall state:
(1) The order which has been issued or which is proposed to be issued;
(2) The ground for issuing such order or proposed order; and
(3) That the person to whom such notice is sent will be afforded a hearing upon request if such request is made within ten days after receipt of the notice.
(c) Whenever a person requests a hearing in accordance with this Code section, there shall immediately be set a date, time, and place for such hearing and the person requesting such hearing shall forthwith be notified thereof. Except as provided in subsection (b) of Code Section 43-17-7, the date set for such hearing shall be within 15 days, but not earlier than five days after the request for hearing has been made, unless otherwise agreed to by the charitable organization and the persons requesting the hearing.
(d) For the purpose of conducting any hearing as provided in this Code section, the Secretary of State shall have the power to administer oaths, to call any party to testify under oath at such hearing, to require the attendance of witnesses and the production of books, records, and papers, and to take the depositions of witnesses; and for such purposes the Secretary of State is authorized, at the request of the person requesting the hearing or upon his own initiative, to issue a subpoena for any witness or a subpoena for production of documentary evidence to compel the production of any books, records, or papers. The sub poenas may be served by registered or certified mail, return receipt requested, to the ad-

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dressee's business mailing address or by investigators appointed by the Secretary of State or shall be directed for service to the sheriff of the county where such witness resides or is found or where the person in custody of any books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the Secretary of State in the same manner that other expenses of the Secretary of State are paid.
(e) (1) At any hearing conducted under this Code section, a party or any affected person may appear in his own behalf or may be represented by an attorney.
(2) A stenographic record of the testimony and other evidence submitted shall be taken unless the Secretary of State and the persons requesting the hearing shall agree that such a stenographic record of the testimony shall not be taken.
(3) The Secretary of State shall pass upon the admissibility of such evidence, but a party may at any time make objections to any such rulings thereon; and, if the Secretary of State refuses to admit evidence, the party offering the same shall make a proffer thereof and such proffer shall be made a part of the record of the hearing.
(f) (1) In the case of any hearing conducted under this Code section, the Secretary of State may conduct the hearing or he may appoint a referee to conduct the hearing who shall have the same powers and authority in conducting the hearing as are granted in this Code section to the Secretary of State.
(2) The referee shall have been admitted to the practice of law in this state and possess such additional qualifications as the Secretary of State may require.
(3) In any case where a hearing is conducted by a referee, the referee shall submit to the Secretary of State a written report including the transcript of the testimony and evidence (if such transcript is requested by the Secretary of State), the findings of fact and conclusions of law, and a recommendation of action to be taken by the Secretary of State. Within five days of the time of submission thereof to the Secretary of State, a copy of such written report and recommendations shall be served upon the person who requested the hearing or his attorney or other representative of record by registered or certified mail. That person or his attorney, within ten days of service of the copy of such written report and recommenda tions, may file with the Secretary of State written objections to the report and recommenda tions which shall be considered by the Secretary of State before a final order is entered.
(4) No recommendation of the referee shall be approved, modified, or disapproved by the Secretary of State until after ten days after service of such report and recommendations as provided in this subsection.
(5) The recommendations of the referee may be approved, modified, or disapproved by the Secretary of State. The Secretary of State may direct his referee to take additional testimony or to permit the introduction of further documentary evidence.
(6) In any hearing conducted by a referee, a transcript of testimony, evidence, and ob jections, if any, shall have the same force and effect as if such hearing or hearings had been conducted by the Secretary of State.
(7) All recommendations of the referee shall be advisory only and shall not have the effect of an order of the Secretary of State.
(g) If the Secretary of State does not receive a request for a hearing within the pre scribed time, he may permit an order previously entered to remain in effect or he may enter a proposed order. If a hearing is requested and conducted as provided in this Code section, the Secretary of State shall issue a written order which shall:
(1) Set forth his findings with respect to the matters involved; and
(2) Enter an order in accordance with his findings.
43-17-17. (a) An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with Code Section 43-17-16 by any person adversely af-

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fected thereby to the Superior Court of Fulton County by serving the Secretary of State, within 20 days after the date of entry of such order, a written notice of appeal, signed by the appellant, stating:
(1) The order from which the appeal is taken;
(2) The ground upon which a reversal or modification of the order is sought; and
(3) A demand for a certified transcript of the record of the order.
(b) Upon receipt of the notice of appeal, the Secretary of State shall, within ten days thereafter, make, certify, and deliver to the appellant a transcript of the record of the order from which the appeal is taken, provided that the appellant shall pay the reasonable costs of such transcript. The appellant, within five days after receipt of the transcript, shall file such transcript and a copy of the notice of appeal with the clerk of the court. The notice of appeal and transcript of the record shall constitute appellant's complaint. The complaint shall thereupon be entered on the trial calendar of the court.
(c) If the order of the Secretary of State shall be reversed, the court shall by its man date specifically direct the Secretary of State as to his further action in the matter, includ ing the making and entering of an order or orders in connection therewith and the condi tions, limitations, or restrictions to be therein contained.
43-17-18. Where a consent to service of process is required under this chapter, such consent to service of process shall be in the form prescribed by the Secretary of State, shall be irrevocable, and shall provide that actions arising our of or founded upon the solicitation of charitable contributions in violation of this chapter may be commenced against the per son executing such consent in any court of competent jurisdiction and proper venue within this state by the service of process or pleadings upon the Secretary of State. Service of any such process or pleadings in any such action against a person who has filed a consent to service with the Secretary of State shall, if made on the Secretary of State, be by duplicate copies, one of which shall be filed in the office of the Secretary of State and the other shall immediately be forwarded by the Secretary of State by registered or certified mail to the persons against whom such process or pleadings are directed at his latest address on file in the office of the Secretary of State.
43-17-19. Notwithstanding any other law to the contrary, a solicitation shall be deemed to be a consumer act or practice or consumer transaction under Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' Nothing contained in this chapter shall be construed to limit the authority of the administrator to take any action under the 'Fair Business Practices Act of 1975' regarding unfair and deceptive acts or prac tices in a solicitation or in solicitations.
43-17-20. For any action taken or any proceeding had under this chapter or under color of law, the Secretary of State shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune.
43-17-21. (a) In a civil or administrative proceeding under this chapter, a person claim ing an exemption or an exception from a definition has the burden of proving this exemp tion or exception.
(b) In a criminal proceeding, the burden of going forward with evidence of a claim of exemption or exception from a definition is on the person claiming the exemption or exception.
(c) In any action, civil or criminal, copies, photostatic or otherwise, certified by the Secretary of State of any documents filed in his office and of any of his records shall be admissible with the same effect as the original of such documents or records would have if actually produced.
(d) In any action, civil or criminal, a certificate signed and sealed by the Secretary of State, stating compliance or noncompliance with this chapter, shall constitute prima-facie

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evidence of such compliance or noncompliance with this chapter and shall be admissible in any such action.
43-17-22. Any criminal proceeding or civil proceeding, including but not limited to judi cial review of all administrative orders, instituted under this chapter shall be governed by the provisions of this chapter as such provisions existed in full force and effect on the date of the alleged commission of the underlying facts or circumstances which constitute evi dence of the commission of a crime or violation of this chapter, notwithstanding any subse quent amendment to this chapter, unless the General Assembly shall specifically declare otherwise, except that no civil or criminal proceeding shall be instituted after the lapse of the appropriate period of limitations which was in effect at the time the cause of action arose or the alleged commission of the crime occurred.
43-17-23. (a) Except as provided in subsection (b) of this Code section, any person who shall wilfully violate any provision of this chapter shall be guilty of a misdemeanor.
(b) Any person who shall willfully violate subsection (d) of Code Section 43-17-12 shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or imprisonment for not less than one nor more than five years, or both.
(c) Nothing in this chapter shall limit any statutory or common-law right of the state to punish any person for violation of any law."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Bryant
BCuvretord"e1.1. CDrauwmkbinles y Deal Dean Echols Edge English Engram

Pincher Foster Garner Gillis Harris Harrison Hine
H"uwdgamrds HJouhgngsmons Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Perry Phillips Ragan of 10th Ragan of 32nd ^
SSccootttt ooff 23n6dth 0Sh, umak, e btarr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Brannon Broun

Coleman Peevy

Tate (excused) Timmons (excused)

On the passage of the bill, the yeas were 50, nays 0.

MONDAY, FEBRUARY 22, 1988

1151

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.
SB 573. By Senators Barnes of the 33rd and Harrison of the 37th:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency med ical technician" everywhere it appears in Chapter 11 of Title 31.
The Senate Committee on Human Resources offered the following substitute to SB 573:
A BILL
To be entitled an Act to amend Code Section 31-11-36 of the Official Code of Georgia Annotated, relating to suspensions or revocations of ambulance service licenses, so as to provide for de novo appeals to the superior court and jury trials regarding certain actions or orders by the Department of Human Resources and provide for automatic stays relating thereto; to repeal conflicting laws; and for other purposes.
Section 1. Code Section 31-11-36 of the Official Code of Georgia Annotated, relating to suspensions or revocations of ambulance service licenses, is amended by striking that Code section 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, petition, or decision appealed from, and the reason it is claimed to be erroneous. The enforcement 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 peti tioner 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 ap peal 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 2. All laws and parts of laws in conflict with this Act are repealed.
Senators Barnes of the 33rd and Garner of the 30th offered the following substitute to SB 573:
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 change certain provisions relat-

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ing to definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in Chapter 11 of Title 31; to provide in appeals from final decisions of the Department of Human Resources for the right to jury and de novo trials 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 excep tions; to clarify an age requirement; to change certain recertification requirements; to pro vide for all matters relative to the foregoing; to amend Code Section 45-9-81, relating to definitions concerning indemnification of law enforcement and other officers, so as to substi tute the term "paramedic" for "advanced emergency medical technician"; to repeal conflict ing 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 31-11-2, relating to defini tions relative to emergency medical services, in its entirety and inserting in lieu thereof a new Code Section 31-11-2 to read as follows:
"31-11-2. As used in this chapter, the term:
(1) 'Ambulance' means a motor vehicle that is specially constructed and equipped and is intended to be used for the emergency transportation of patients, including dual purpose police patrol cars and funeral coaches or hearses which otherwise comply with the provisions of this chapter.
(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 providing of emergency care and transportation on the public streets and highways of this state for a wounded, injured, sick, invalid, or inca pacitated 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' means a system which provides for the ar rangement of personnel, facilities, and equipment for the effective and coordinated delivery in an appropriate geographical area of health care services under emergency conditions, oc curring 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 administration 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-

MONDAY, FEBRUARY 22, 1988

1153

partment after having successfully completed an emergency medical care training program approved by the department.
(10) 'First responded means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service.
(11) 'Health districts' means the geographical districts designated by the department in accord with Code Section 31-3-15.
(12) 'Invalid car' means a motor vehicle not used for emergency purposes but used only to transport persons who are convalescent, sick, or otherwise nonambulatory.
(13) 'License' when issued to an ambulance service signifies that its facilities and opera tions comply with this chapter and the rules and regulations issued by the department hereunder.
(14) 'License officer' means the commissioner of human resources or his designee.
(15) 'Local coordinating entity' means the public or nonprofit private entity designated by the Board of Human Resources or its designee to administer and coordinate the EMSC Program in a health district established in accord with Code Section 31-3-15.
(16) 'Paramedic means any person who has been certified as an advanced emergency medical technician by the composite board before July 1, 1988, or any person who has been certified by that board on or after July 1, 1988, as having been trained in emergency care techniques in a paramedic training course approved by the department, but all such persons shall be designated on and after July 1, 1988, as paramedics.
(17) 'Patient' means an individual who is sick, injured, wounded, or otherwise incapaci tated or helpless.
(18) '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.
(19) '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."
Section 2. 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

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serve on the commissioner a copy thereof in the manner prescribed by law for the service of process, unless such service of process is waived. The appeal shall be an appeal de novo to the superior court and the appealing party shall have a right to a jury trial and all rights provided under Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' The superior court shall render a decision approving, setting aside, or modifying the order or action appealed from."
Section 3. 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 4. 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 5. 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-

MONDAY, FEBRUARY 22, 1988

1155

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 6. Said chapter is further amended by striking Code Section 31-11-58, relating to recertification standards, in its entirety and inserting in lieu thereof a new Code Section 31-11-58 to read as follows:
"31-11-58. (a) Standards adopted by regulation of the composite board or the depart ment for the periodic recertification of emergency medical technicians, paramedics, and car diac technicians may include such additional examination or educational requirements as the composite board or the department deems appropriate to ensure the continued compe tency of such technicians. No standards shall be adopted by the composite board or the department pursuant to this subsection other than those authorized by the other subsec tions of this Code section.
(b) In order to ensure the continued competency of emergency medical technicians, car diac technicians, and paramedics who hold certificates issued under this chapter, each such person, no later than December 31 of each year, shall furnish evidence satisfactory to the department or the composite board which certified him that he has met the active practice requirements of subsection (c) of this Code section and the continuing education require ments of subsection (d) of this Code section.
(c) The active practice requirements shall be met if, for at least 80 hours per month during at least nine months out of the immediately preceding 12 months or for at least 80 hours per month during at least 18 months out of the immediately preceding 24 months, a person renders or was on call to render any service which such person's certificate author ized that person to render.
(d) The continuing education requirements shall be met by annually completing onefifth of the following five-year requirements for hours of continuing education: 50 hours for emergency medical technicians; 75 hours for cardiac technicians; and 100 hours for paramedics. These five-year continuing education requirements shall be divided into five different and discrete segments or modules of equal length. Any one module may be com pleted each year to meet the annual continuing education requirements, but all five modules shall be completed during a five-year period. This program of continuing education shall be approved by the department. 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 authorized 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

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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 7. Said chapter is further amended by striking Code Section 31-11-59, relating to services of emergency medical technicians and cardiac technicians in hospitals, in its en tirety and inserting in lieu thereof a new Code Section 31-11-59 to read as follows:
"31-11-59. Emergency medical technicians, paramedics, and cardiac technicians may render any service which they are authorized to render under Code Sections 31-11-53, 31-1154, and 31-11-55, respectively, in any hospital. Such services shall not be rendered in lieu of the services of a physician or a registered professional nurse and shall only be rendered in a hospital at the discretion of and after the prior approval by the hospital governing authority on the order of a physician or, if a physician or registered professional nurse is present, at the direction of a physician or registered professional nurse, provided that such hospital has a currently valid permit or conditional permit issued by the department pursuant to Article 1 of Chapter 7 of this title. The provisions of this Code section are cumulative and are not intended to limit the rendering of services by emergency medical technicians, cardiac tech nicians, and paramedics in any area in which they are already authorized to render such services."
Section 8. 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 technical, 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 9. 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 10. Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to

MONDAY, FEBRUARY 22, 1988

1157

definitions concerning indemnification of law enforcement and other officers, is amended by striking subparagraph (A) of paragraph (2) thereof and inserting in its place a new subparagraph to read as follows:
"(A) Are certified as emergency medical technicians, paramedics, or cardiac technicians under Chapter 11 of Title 31; and".
Section 11. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute to SB 573 offered by the Senate Committee on Con sumer Affairs the yeas were 1, nays 29, and the substitute was lost.

On the adoption of the substitute to SB 573 offered by Senators Barnes of the 33rd and Garner of the 30th, the yeas were 31, 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 bill would be sus pended and placed on the Senate General Calendar.

HB 34. By Representatives Phillips of the 120th and Patten of the 149th:
A bill to amend Part 3 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Forest Fire Protection Act", so as to require a permit for the burning of any woods, lands, marshes, or other flamma ble or combustible materials or vegetation; to provide procedures and require ments for obtaining such permit.
Senate Sponsor: Senator Gillis of the 20th.

The Senate Committee on Natural Resources offered the following amendment:

Amend HB 34 by striking line 22 through line 27 of page 3 and inserting in lieu thereof the following:
"misdemeanor.'"

On the adoption of the amendment, the yeas were 33, nays 2, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Dean Echols

Edge English Engram Fincher Gillis Harris Harrison Howard Hudgins Huggins Johnson Kidd Land Langford

McGill McKenzie Newbill Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh

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Turner

Tysinger

Walker

Those voting in the negative were Senators:

Deal Foster

Garner

Peevy

Those not voting were Senators:

Barker Broun Hine

Kennedy (presiding) Tate (excused)

Taylor Timmons (excused)

On the passage of the bill, the yeas were 45, nays 4.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 610. By Senator Howard of the 42nd:
A bill to amend Code Section 44-14-232 of the Official Code of Georgia Anno tated, relating to summons and time for an answer in cases involving a petition for a writ of possession, so as to change the form of the summons.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage 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 Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Barker Broun Engram

Fincher Kennedy (presiding) Phillips

Tate (excused) Timmons (excused)

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 22, 1988

1159

Senator Barnes of the 33rd moved that the following bill of the Senate be taken from the Table:
SB 495. By Senator Barnes of the 33rd:
A bill to amend Code Section 34-9-11 of the Official Code of Georgia Annotated, relating to exclusivity of rights and remedies granted to employees and actions against third-party tort-feasors or other persons providing workers' compensation benefits, so as to provide that an employer or other person providing workers' compensation benefits shall receive credit for workers' compensation benefits paid to an employee under certain conditions.
On the motion, the yeas were 33, nays 5; the motion prevailed, and SB 495 was taken from the Table and placed at the bottom 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 1071. By Representative Johnson of the 72nd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, to change the provisions relating to the definition of an employee under the Employees' Retirement System of Georgia.

Senate Sponsors: Senators Ray of the 19th and Starr of the 44th.

The following actuarial report, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1987

SUBJECT: Actuarial Investigation--House Bill 1071S (Substitute) (LC 7 6763S) Employees' Retirement System/Teachers Retirement System

This Bill would amend the definition of "employee", under the provisions of the Em ployees' Retirement System (ERS), and "teacher", as defined within the Teachers Retire ment System (TRS) to allow certain members the option of electing membership in either of the retirement systems. Newly hired personnel employed by the Board of Education or the Department of Education would become members of the TRS upon employment unless they elected membership in the ERS. Current employees falling under these provisions, that are members of the ERS as of July 1, 1988, could also elect to transfer membership to the TRS and would be given a one-year period (July 1, 1988 to July 1, 1989) to transfer service cred its to the TRS. Additional contributions by the transferee or an adjustment of credits by the TRS board of trustees would be required to update the transferee's annuity account bal ance. If enacted, this Bill would become effective July 1, 1988.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

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A) The impact on the Teachers Retirement System would be:
(1) The amount of unfunded actuarial accrued liability which will result from the bill.
(2) The amount of annual normal cost which will result from the bill.
(3) The employer contribution rate currently in effect.
(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).
(5) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$ negligible $0
13.28% 13.28%
$ negligible

B) The impact on the Employees' Retirement System would be:

(1) The amount of unfunded actuarial accrued liability which will result from the bill.
(2) The amount of annual normal cost which will result from the bill.
(3) The employer contribution rate currently in effect.
(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).
(5) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$ negligible $0
17.29% 17.29%
$ negligible

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
/s/ G. W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Turner Tysinger Walker

MONDAY, FEBRUARY 22, 1988

1161

Those not voting were Senators:

Broun Pincher

Kennedy (presiding) Tate (excused)

Timmons (excused)

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1294. By Representative Prichard of the 8th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that in cases where visitation rights have been provided to the noncustodial parent, the custodial parent shall have to pro vide certain information concerning the residence of the child so that the noncus todial parent may satisfy his or her visitation rights.
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 Bowen
Brannon *BTuyr*tonnt CCoolveemrdaenll Crumbley
Dawkins Deal Dean
Echols Edge

English Engram Fincher Foster Garner Gillis
S 3 '" 8 SHianme son HHouwdgairnds Muggins
Johnson Kidd Land
Langford McGill

McKenzie Newbill Olmstead Peevy Perry p hillips
Ragan f >th R,,ag6an of 32nd S_ cao^tt o,f ,,2nd, hcott of 36th
Starr Stumbaugh Taylor
Turner Tysinger

Those not voting were Senators:

Broun Kennedy (presiding)

Shumake Tate (excused)

Timmons (excused) Walker

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1352. By Representatives Hooks of the 116th, Watson of the 114th, Ray of the 98th, Kilgore of the 42nd and Steinberg of the 46th:
A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, known as the "Public Accountancy Act of 1977," so as to authorize the State

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Board of Accountancy to appoint committees or persons to assist the board in the administration and enforcement of laws pertaining to accountants.
Senate Sponsor: Senator Kidd of the 25th.

Senator Kidd of the 25th offered the following amendment:

Amend HB 1352 by adding in the title on line 28 of page 1, following the first semicolon and preceding the word "to", the following:
"to exempt certain licensees from requirements of continuing education;".
By renumbering Sections 8 and 9 on page 10 as Sections 9 and 10, respectively, and adding between lines 16 and 17 a new Section 8 to read as follows:
"Section 8. Said chapter is further amended by adding between Code Sections 43-3-36 and 43-3-37 a new Code Section 43-3-36.1 to read as follows:
'43-3-36.1. Notwithstanding any other provisions of this chapter, any licensee who has attained 65 years of age shall be exempt from any continuing professional education require ments of Code Section 43-3-23.2, 43-3-25, or 43-3-29.1.' "

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bowen Brannon Bryant BCoulretomnan Coverdell
Crumbley Dawkins Deal Dean Echols Edge

English Engram Foster Garner Gillis
Harris garrison Hme HHouwdgairnds Huggins
Johnson Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips
Ragan of 10th R of 32nd R cco of/ 02ndj Scott of 36th
Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Broun Fincher

Kennedy (presiding) Shumake

Tate (excused) Timmons (excused)

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

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1163

The following general bill of the Senate, having been read the third time on February 18 and postponed until February 22, was put upon its passage:
SB 626. By Senators Newbill of the 56th, Engram of the 34th, Shumake of the 39th and Coverdell of the 40th:
A bill to amend an Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, as amended, so as to provide for additional compensation for the members of the board of commissioners in such counties; to provide for filing vouchers for reimbursement of expenses.
Senator Newbill of the 56th offered the following substitute to SB 626:
A BILL
To be entitled an Act to amend an Act fixing the compensation of the board of commis sioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, approved March 30, 1971 (Ga. L. 1971, p. 2369), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 378), so as to provide for additional compensation for the members of the board of commissioners in such counties; to provide for filing vouchers for reimbursement of expenses; to provide for reimbursement for expenses incurred while traveling out of state; to provide for the publica tion of certain fiscal information concerning the members of the board of commissioners and the commission staff in such counties; to limit the amount which may be appropriated an nually for charitable grants or contributions by the board of commissioners in such counties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, approved March 30, 1971 (Ga. L. 1971, p. 2369), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 378), is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) The chairman of the board of commissioners of counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census shall be compensated in an amount not exceeding $17,720.00 per annum. Each of the other members of any such board of commissioners shall be com pensated in an amount not exceeding $16,720.00 per annum. The compensation of the chair man and members of the board of commissioners of such counties shall be fixed within the limitations provided in this section by a budget providing for the amount of such compensa tion being adopted by such board of commissioners, but a change in compensation may not become effective until on or after the date the members of the board take office following a regular county election. The compensation provided for in this subsection shall be paid in equal monthly installments on the first day of each month out of the county treasury.
(b) (1) In addition to any other compensation authorized for members of the board of commissioners in such counties, each member shall be reimbursed for actual expenses in curred in the performance of his or her duties within the state as a member of the board of commissioners in such counties in an amount not to exceed $5,000.00 per calendar year. The chairman of the board in such counties shall be entitled to receive an additional $3,500.00 per calendar year in reimbursable expenses. If a member of the board of commissioners in such counties is furnished with an automobile by the county, the expense allowance shall be reduced by the amount of the lease or loan payment and by the actual cost of gasoline used annually to operate the vehicle. Expenses shall be limited to one or more of the following purposes: lodging, meals, office equipment, postage, personnel services, printing, publica-

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tions, rents, supplies, telecommunications, transportation, and utilities. No reimbursement shall be made for any postage which is used for the mailing of a political newsletter. Such expenses shall be reimbursed upon the submission of sworn vouchers to the county fiscal office which shall maintain separate expense voucher files on each commissioner. Such sworn vouchers shall be accompanied by a supporting document or documents showing pay ment for each expense claimed or an explanation of the absence of such documentation. No supporting document or documents shall be required for any expense under $25.00 or for the mileage allowance for use of a personal car. The mileage allowance for use of a personal car on official business shall be the same as that received by state employees. Any voucher for any expense incurred in any year as defined in this subsection shall be submitted no later than the fifteenth of March immediately following the end of such year. No reimburse ment shall be made on any voucher submitted after that date. In the event any reimburse ment is made and it is later determined that such reimbursement was made in error, the person to whom such reimbursement was made shall remit to the county fiscal office the amount of money involved. In the event such person refuses to make such remittance, the county fiscal office is authorized to withhold the payment of any other moneys to which such person is entitled until the amount of such reimbursement which was made in error shall be realized.
(2) Members of the board of commissioners in such counties shall be authorized to travel out of state on official business provided such expenses in any fiscal year do not ex ceed $5,000.00 for each commissioner or $8,500.00 for the chairman.
(c) The board of commissioners in such counties shall publish in a daily newspaper of general circulation other than the legal organ an annual report of the revenues and expendi tures of the board of commissioners and the clerk of the board no later than April 30 of the following year. The board of commissioners in such counties shall also include in the same publication a list of the names of each member of the board and each member of the com mission staff to whom compensation and expenses have accrued or have been received and the amounts thereof during the preceding calendar year. The published information shall also be filed in a statement, verified by the chairman of the board of commissioners, with the clerk of the board."
Section 2. Said Act is further amended by adding a new Section 1A immediately follow ing Section 1 to read as follows:
"Section 1A. The boards of commissioners in such counties are authorized to provide by ordinance for the appropriation of money for and the making of grants or contributions to any corporation, association, institution, or individual for purely charitable purposes, pro vided that the activities funded by any such grants or contributions shall take place within the county making such grant or contribution. No such county shall annually appropriate more than $2 million for the purpose of making grants or contributions as authorized by this section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Newbill of the 56th offered the following amendment:
Amend the substitute to SB 626 offered by Senator Newbill of the 56th as follows:
On page 2, line 26, delete "$5,000.00" and add "$5,500.00"; on page 2, line 29 delete "$3,500.00" and add "$2,900.00"; and on page 3, line 4, delete "personnel services,".
On the adoption of the amendment, the yeas were 38, nays 1, and the amendment was adopted.
On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted as amended.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced

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1165

that, pursuant to Senate Rule 143, consideration of the substitute and bill would be sus pended and placed on the Senate General Calendar.
The following general bill of the Senate, having been tabled on February 16, 1988, and taken from the Table previously today, was put upon its passage:
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.
The Senate Committee on Governmental Operations offered the following substitute to SB 365:
A BILL
To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that license examiners employed by the Department of Public Safety shall be deputy registrars; to provide for powers and duties of such deputy registrars; to provide for powers, duties, and authority of the Secretary of State, the com missioner of public safety, and the Department of Public Safety; to provide for registration procedures; to provide for additional registration places; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that certain applications shall be designed to permit qualified applicants to register to vote; to provide for powers, duties, and authority of the Secretary of State and the commissioner of public safety; to provide for an effective date contingent upon certain circumstances; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by adding a new subsection at the end of Code Section 21-2-212, relating to ap pointment of county deputy registrars, to be designated subsection (e), to read as follows:
"(e) Notwithstanding any other provision of law to the contrary, each license examiner employed by the Department of Public Safety to examine applicants for drivers' licenses shall be a deputy to the board of registrars of every county in this state and may register as electors on behalf of the applicant's county of residence those qualified applicants who re quest to register to vote when making an application for an instruction permit or a driver's license pursuant to Code Section 40-5-25 or a personal identification card in accordance with Code Section 40-5-100. Code Section 21-2-213 shall not apply to persons who serve as deputy registrars by virtue of this subsection. Registration cards completed by such deputy registrars shall be mailed promptly to the Secretary of State for transmittal to the appropri ate county or municipal board of registrars."
Section 2. Said title is further amended by adding a new subsection at the end of Code Section 21-1-217, relating to the form of registration cards, to be designated subsection (h), to read as follows:
"(h) Notwithstanding any other provision of this Code section to the contrary, the Sec retary of State and the commissioner of public safety are authorized to design a registration card to be used by license examiners employed by the Department of Public Safety who register electors pursuant to the provisions of subsection (e) of Code Section 21-2-212. Such registration card shall contain the same information required in subsection (a) of this Code section. The form of such registration card shall be determined by the Secretary of State and the commissioner of public safety."
Section 3. Said title is further amended by adding a new subsection at the end of Code

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Section 21-2-218, relating to the location of the main office of the board of registrars and registration of electors, to be designated subsection (h), to read as follows:
"(h) Notwithstanding any other provisions of this Code section to the contrary, each facility at which license examiners employed by the Department of Public Safety examine applicants for drivers' licenses shall be an additional registration place for the purpose of registering electors."
Section 4. Said title is further amended by adding a new paragraph at the end of sub section (e) of Code Section 21-3-120, relating to appointment and compensation of munici pal registrars and deputy registrars, to be designated paragraph (3), to read as follows:
"(3) Notwithstanding any other provision of law to the contrary, each license examiner employed by the Department of Public Safety to examine applicants for drivers' licenses shall be a deputy to the board of registrars of every municipality in this state which main tains its own registration list and may register as electors on behalf of such municipalities those qualified applicants who request to register to vote when making an application for an instruction permit or a driver's license pursuant to Code Section 40-5-25 or a personal iden tification card in accordance with Code Section 40-5-100. Registration cards completed by such deputy registrars shall be mailed promptly to the Secretary of State for transmittal to the appropriate municipal board of registrars."
Section 5. Said title is further amended by adding a new subsection at the end of Code Section 21-3-123, relating to registration duties of a county registrar in municipalities using the county registration system, to be designated subsection (f), to read as follows:
"(f) Notwithstanding any other provision of this Code section to the contrary, each facility at which license examiners employed by the Department of Public Safety examine applicants for drivers' licenses shall be an additional registration place for the purpose of registering electors."
Section 6. Said title is further amended by striking Code Section 21-3-124, relating to designation of the form of municipal registration, and inserting in its place a new Code Section 21-3-124 to read as follows:
"21-3-124. (a) The form of municipal registration shall be specified by the governing authority, except that, if the governing authority does not elect to use the county registra tion list, the municipal registrar shall be required to register voters on the uniform registra tion card printed and distributed by the Secretary of State as required in Code Section 212-217.
(b) Notwithstanding any other provision of this Code section to the contrary, the Secre tary of State and the commissioner of public safety are authorized to design a registration card to be used by license examiners employed by the Department of Public Safety who register electors pursuant to paragraph (3) of subsection (e) of Code Section 21-3-120 on behalf of municipalities which maintain their own electors lists. The registration card shall contain the same information required in subsection (a) of Code Section 21-2-217. The form of such registration card shall be determined by the Secretary of State and the commis sioner of public safety."
Section 7. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by adding a new subsection at the end of Code Section 40-5-25, relating to applications, fees, and records regarding certain licenses, to be designated subsec tion (e), to read as follows:
"(e) An application shall also be designed to permit qualified applicants to register to vote. The form of such application shall be agreed upon by the Secretary of State and the commissioner of public safety."
Section 8. Said chapter is further amended by adding a new subsection at the end of

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Code Section 40-5-100, relating to certain authority to issue personal identification cards, to be designated subsection (c), to read as follows:
"(c) An application shall also be designed to permit qualified applicants to register to vote. Such form shall be agreed upon by the Secretary of State and the commissioner of public safety."
Section 9. This Act shall become effective on January 1, 1989, but only if, prior to January 1, 1989, funds necessary to carry out the purposes of this Act are appropriated by the General Assembly. If such funds are not so appropriated prior to January 1, 1989, then this Act shall not become effective until the funds necessary to carry out its purposes are appropriated by the General Assembly.
Section 10. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Brannon Bryant Burton Coleman Coverdell Crumbley Dean Echols English Engram

Fincher Garner Gillis Harrison Hine Howard Hudgins Huggins Johnson Kidd Land Langford McGill

McKenzie Newbill Olmstead Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Turner Tysinger Walker

Those voting in the negative were Senators:

Albert Bowen Dawkins Deal

Edge Foster Harris Peevy

Perry Starr Taylor

Those not voting were Senators:

Broun Kennedy (presiding)

Shumake Tate (excused)

Timmons (excused)

On the passage of the bill, the yeas were 40, nays 11.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bill of the Senate, having been read the third time and placed on the Table previously today, and taken from the Table and placed at the bottom of the Senate Rules Calendar for today, was put upon its passage:

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SB 495. By Senator Barnes of the 33rd:
A bill to amend Code Section 34-9-11 of the Official Code of Georgia Annotated, relating to exclusivity of rights and remedies granted to employees and actions against third-party tort-feasors or other persons providing workers' compensation benefits, so as to provide that an employer or other person providing workers' compensation benefits shall receive credit for workers' compensation benefits paid to an employee under certain conditions.
The Senate Committee on Special Judiciary offered the following substitute to SB 495:
A BILL
To be entitled an Act to amend Code Section 34-9-265 of the Official Code of Georgia Annotated, relating to liability for compensation for death resulting from causes other than injury and payment of compensation for death resulting from injury, so as to provide for a penalty in certain cases in which death is caused by the intentional act of the employer; to provide for a limit on such payment; to provide that such employer shall be deemed to have intended an injury under certain conditions; to provide an effective date and for applicabil ity; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 34-9-265 of the Official Code of Georgia Annotated, relating to liability for compensation for death resulting from causes other than injury and payment of compensation for death resulting from injury, is amended by adding at the end thereof a new subsection (e) to read as follows:
"(e) If it shall be determined that the death of an employee was the direct result of an injury proximately caused by the intentional act of the employer with specific intent to cause such injury, then there shall be added to the weekly income benefits paid to the de pendents, if any, of the deceased employee a penalty of 20 percent; provided, however, such penalty in no case shall exceed $20,000.00. For the purpose of this subsection, an employer shall be deemed to have intended an injury if the employer had actual knowledge that the specific act was certain to cause injury and knowingly disregarded this certainty of injury. Nothing in this subsection shall limit the effect of Code Section 34-9-11."
Section 2. This Act shall become effective July 1, 1988, and shall apply with respect to causes of action arising on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Dawkins of the 45th offered the following substitute to SB 495:
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 that an employer or other person providing workers' compensation benefits shall receive credit for workers' compensa tion benefits paid to an employee under certain conditions; to change the total compensa tion payable as a death benefit to a surviving spouse as a sole dependent; to repeal conflict ing 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 Code Section 34-9-11, relating to exclusivity of rights and remedies granted to employees and actions against third-party tort-feasors or other persons providing workers' compensation benefits, and substituting in lieu thereof a new Code Section 34-9-11 to read as follows:
"34-9-11. Except in cases of intentional misconduct or gross negligence, the rights and the remedies granted to an employee by this chapter shall exclude all other rights and reme-

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dies of such employee, his personal representative, parents, dependents, or next of kin, at common law or otherwise, on account of such injury, loss of service, or death; provided, however, that no employee shall be deprived of any right to bring an action against any third-party tort-feasor, other than an employee of the same employer or any person who, pursuant to a contract or agreement with an employer, provides workers' compensation ben efits to an injured employee, notwithstanding the fact that no common-law master-servant relationship or contract of employment exists between the injured employee and the person providing the benefits. In an action for recovery of damages for intentional misconduct or gross negligence on the part of the employer, or a coemployee, or any other person who, pursuant to a contract or agreement with an employer, provides workers' compensation ben efits to an injured employee, the employer or other person providing workers' compensation benefits shall receive credit for workers' compensation benefits paid prior to entry of judgment."
Section 2. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 34-9-265, relating to the liability for compensation for death, and substituting in lieu thereof a new subsection (d) to read as follows:
"(d) The total compensation payable under this Code section to a surviving spouse as a sole dependent at the time of death and where there is no other dependent for one year or less after the death of the employee shall in no case exceed $100,000.00."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Dawkins of the 45th asked unanimous consent to withdraw the substitute to SB 495; the consent was granted, and the substitute to SB 495 offered by Senator Dawkins of the 45th was withdrawn.

Senator Dawkins of the 45th offered the following amendment:

Amend the substitute to SB 495 offered by the Senate Committee on Special Judiciary by adding Section 2 to read as follows:
"Section 2. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 34-9-265, relating to the liability for compensation for death, and substituting in lieu thereof a new subsection (d) to read as follows:
'(d) The total compensation payable under this Code section to a surviving spouse as a sole dependent at the time of death and where there is no other dependent for one year or less after the death of the employee shall in no case exceed $100,000.00.'";
Renumber Section 2 as Section 3; and
Renumber Section 3 as Section 4.

On the adoption of the amendment offered by Senator Dawkins of the 45th, Senator Taylor of the 12th 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 Barnes Dawkins Deal Dean Edge

Engram Garner Harrison Hine Howard Kidd Langford

Olmstead Peevy Scott of 2nd Scott of 36th Starr Stumbaugh Walker

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Those voting in the negative were Senators:

Barker Bowen Brannon
Coverdell Crumbley Echols English

Fincher Foster Gillis Harris Hud^ins
Huggins Johnson Land McGill

McKenzie Perry Phillips Ragan of 10th Ragan of 32nd
Ray Taylor Turner Tysinger

Those not voting were Senators:

Albert Broun
Kennedy (presiding)

Newbill Shumake

Tate (excused) Timmons (excused)

On the adoption of the amendment, the yeas were 21, nays 28, and the amendment was lost.

On the adoption of the substitute, the yeas were 40, nays 2, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon
Coleman Coverdell Crumbley Dawkins Deal Dean Edge

English Fincher Foster Garner Gillis
Harrison Hine Howard Huggins Johnson Kidd Land

Langford McGill Olmstead Peevy Ragan of 32nd
Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tysinger Walker

Those voting in the negative were Senators:

Barker Bowen Bryant
Burton Echols

Engram Harris Hudgins
McKenzie Newbill

Perry Phillips Ragan of 10th
Taylor Turner

Those not voting were Senators:

Broun Kennedy (presiding)

Shumake Tate (excused)

Timmons (excused)

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On the passage of the bill, the yeas were 36, nays 15.
The bill, having received the requisite constitutional majority, was passed by substitute.
Serving as doctor of the day today was Dr. John Gamwell of Atlanta, Georgia.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.
At 3:46 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Tuesday, February 23, 1988 Thirty-first 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 Kennedy of the 4th reported that the Journal of yesterday's proceedings had been read and found correct.
Senator Hine of the 52nd moved that the Senate reconsider its action of February 22 in passing the following bill of the House:
HB 1302. By Representatives Robinson of the 96th, Pannell of the 122nd, Chambless of the 133rd, Pettit of the 19th and Thomas of the 69th: A bill to amend Chapter 7 of Title 14 of the Official Code of Georgia Annotated, relating to professional corporations, so as to provide that a shareholder of a pro fessional corporation must be an active practitioner in the corporation which is sued the shares; to provide for redemption, cancellation, or transfer of shares held by a shareholder who is not an active practitioner in the issuing corporation.
On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 1302 was recon sidered and placed at the foot of the Senate Rules Calendar for today.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1766. By Representative Sizemore of the 136th: A bill to amend an Act providing for the election of members of the board of education of Turner County, so as to change the provisions relating to regular meetings of the board of education.
HB 1775. By Representative Peters of the 2nd: A bill to amend an Act creating the office of Commissioner of Catoosa County, so as to provide for a board of commissioners.
HB 1782. By Representatives Colbert of the 23rd and Greer of the 39th: A bill to amend an Act consolidating, creating, revising, and superseding the sev eral Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, so as to change certain provisions relat ing to qualifications for the office of judge of the municipal court.
HB 1784. By Representatives Jackson of the 9th, Lawson of the 9th and Wood of the 9th: A bill to amend an Act creating the Gainesville Area Park Commission, so as to change the name of the commission; to increase the membership of the commis sion; to provide for the identity of the membership of the commission.

TUESDAY, FEBRUARY 23, 1988

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HB 1788. By Representative Smith of the 78th: A bill to amend an Act providing a new charter for the City of Barnesville, so as to change provisions relative to voting and quorum requirements of the city council; to change provisions relative to the election of the mayor.
HB 1789. By Representative Peters of the 2nd: A bill to amend an Act placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the clerical help allowance of the judge of the pro bate court.
HB 1791. By Representatives Jackson of the 83rd and Harris of the 84th: A bill to amend an Act creating a board of commissioners for Columbia County, so as to change the salary provisions relating to the chairman and other members of the board of commissioners; to provide for an allowance for members of the board to enable such members to carry out their duties.
HB 1793. By Representatives Jackson of the 83rd and Harris of the 84th: A bill to amend an Act placing the clerk of the Superior Court, the sheriff, and the tax commissioner of Columbia County on a salary basis, so as to change the compensation of the tax commissioner of Columbia County.
HB 1796. By Representatives Lane of the lllth and Godbee of the 110th: A bill to amend an Act creating the board of commissioners of Bulloch County, so as to change the compensation of the chairman and other members of the board of commissioners.
HB 1783. By Representative Moore of the 139th: A bill to provide a $10,000.00 homestead exemption from City of Douglas ad valorem taxes for residents of that city who are age 65 years or over and who have adjusted gross income not exceeding $10,000.00.
HB 1792. By Representatives Jackson of the 83rd and Harris of the 84th: A bill to provide for a homestead exemption from all Columbia County ad valorem taxes, including taxes to retire bonded indebtedness and including taxes levied for educational purposes, of $8,000.00 for residents of said county who are 65 years of age or over.
SB 607. By Senator McGill of the 24th: A bill to make provisions for the Magistrate Court of Lincoln County; to provide for the appointment of the chief magistrate; to provide for a statement of intent.
HB 1403. By Representatives Smyre of the 92nd, Mangum of the 57th, Benefield of the 72nd and Lawson of the 9th: A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to redesignate the provisions relating to post-secondary voca tional education and place them in a separate article.
HB 1282. By Representative Watson of the 114th: A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to change the provisions relating to annual regis tration and licensing of motor common carriers and motor contract carriers oper ated under a certificate or permit.

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HB 1528. By Representative Pettit of the 19th:
A bill to amend Code Section 44-5-145 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to eliminate the requirement that documents making anatomical gifts be signed by two witnesses.
HB 1404. By Representatives Smyre of the 92nd, Mangum of the 57th, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Article 6 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to make certain editorial changes and corrections; to authorize handicapped children to use certain types of funds.
HB 816. By Representative Redding of the 50th:
A bill to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to authorize doctors of optometry to use trade names in conjunction with the practice of optometry.
HB 1489. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
A bill to amend Code Section 33-2-11 of the Official Code of Georgia Annotated, relating to the requirement of examination by the Commissioner of Insurance of insurers, rating organizations, and advisory organizations, so as to provide for examinations of any authorized insurer which changes its domicile from Georgia to another state.
HB 1363. By Representatives Thurmond of the 67th, Lee of the 72nd, Walker of the 85th and Bishop of the 94th:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with respect to programs and protection for children and youth, so as to provide pay ments to licensed child placing agencies which arrange adoptions for special needs children who would otherwise remain in foster care at state expense.
HB 1422. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Code Section 20-2-58 of the Official Code of Georgia Annotated, relating to regular monthly meetings of county boards of education, so as to re move the requirements that the meeting be held at the county seat.
HB 1361. By Representatives Hamilton of the 124th, Herbert of the 76th and Cummings of the 17th:
A bill to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, so as to delete the provisions relating to the employment of minors 15 years of age during school vacation months; to re peal certain provisions relating to the maximum hours of employment of minors.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 799. By Representatives Wilson of the 20th, Clark of the 20th, Hensley of the 20th, Isakson of the 21st, Aiken of the 21st and others:
A resolution authorizing the State Properties Commission to negotiate a new lease with the City of Marietta, Georgia, combining two current lease agreements on three tracts of certain state owned real property in Cobb County, Georgia.

TUESDAY, FEBRUARY 23, 1988

1175

HR 756. By Representatives Triplett of the 128th and Pannell of the 122nd:
A resolution authorizing the conveyance of an estate for years in certain real property owned by the State of Georgia in Chatham County, Georgia, to Chat ham County, Georgia.
HR 792. By Representatives Pannell of the 122nd and Triplett of the 128th:
A resolution proposing an amendment to the Constitution so as to allow owners of real property located in an industrial area by virtue of Article XI, Section I, Paragraph IV of the Constitution to irrevocably remove such property and adja cent public rights of way from the industrial area; 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 99. By Senators Crumbley of the 17th, Starr of the 44th, Howard of the 42nd and others:
A bill to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of a state court of record, so as to provide that proceedings on a petition challenging the legality of a sentence of death imposed by a state court of record may be transferred after filing and service to the county in which the sentence was imposed.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 424. By Senator Kidd of the 25th:
A bill to amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions with respect to tuition equalization grants at private col leges and universities, so as to change the definition of the term "full-time stu dent"; to provide an effective date.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 1434. By Representatives Herbert of the 76th, Richardson of the 52nd, Mostiler of the 75th, Townsend of the 24th and Steinberg of the 46th:
A bill to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relating to the parent and child rela tionship, so as to change the provisions relating to visitation rights of grandpar ents and actions related thereto.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 673. By Senator Scott of the 36th:
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, so as

1176

JOURNAL OF THE SENATE

to authorize the sale of alcoholic beverages on Sunday in certain areas of certain counties and municipalities; to provide an effective date. Referred to Committee on Consumer Affairs.
SB 674. By Senator Foster of the 50th:
A bill to provide a $15,000.00 homestead exemption from Lumpkin County School District ad valorem taxes for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over; to provide for definitions; to specify the terms and conditions of the exemp tion and the procedures relating thereto; to provide for a referendum and effec tive dates. Referred to Committee on Urban and County Affairs.
SB 675. By Senator Kidd of the 25th:
A bill to amend an Act creating a new charter for the City of Madison, as amended, so as to change the corporate limits of the city; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 676. By Senator Brannon of the 51st:
A bill to provide for a board of registrations and elections for Gordon County; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; to provide for clerical assistants and other employees of the board; to provide compensation for members of the board. Referred to Committee on Urban and County Affairs.
SB 677. By Senator Brannon of the 51st:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Fannin County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 678. By Senator Brannon of the 51st: A bill to create a board of commissioners of Gilmer County; to provide for the qualifications and elections of members; to provide for commissioner districts; to provide for a chairman; to provide for powers and duties and compensation of members; to provide additional powers for the chairman; to provide for ordi nances, rules, and regulations.
Referred to Committee on Urban and County Affairs.
SB 679. By Senator Brannon of the 51st: A bill to amend an Act providing the method of election of the members of the board of education of Gilmer County so as to provide for the election of members of the board of education in nonpartisan elections; to provide procedures relative to the nomination and qualification of candidates of said board.
Referred to Committee on Urban and County Affairs.
SR 410. By Senator Harrison of the 37th:
A resolution creating the Organ Donor and Procurement Study Committee. Referred to Committee on Human Resources.

TUESDAY, FEBRUARY 23, 1988

1177

SR 413. By Senator Coverdell of the 40th:
A resolution relative to automobile seat belts. Referred to Committee on Public Safety.
SR 415. By Senators Harrison of the 37th, Newbill of the 56th, Ragan of the 32nd and Barnes of the 33rd:
A resolution creating the Joint Cobb County Study Committee. Referred to Committee on Urban and County Affairs.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 816. By Representative Redding of the 50th:
A bill to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to authorize doctors of optometry to use trade names in conjunction with the practice of optometry. Referred to Committee on Governmental Operations.
HB 1282. By Representative Watson of the 114th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to change the provisions relating to annual regis tration and licensing of motor common carriers and motor contract carriers oper ated under a certificate or permit. Referred to Committee on Transportation.
HB 1361. By Representatives Hamilton of the 124th, Herbert of the 76th and Cummings of the 17th:
A bill to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, so as to delete the provisions relating to the employment of minors 15 years of age during school vacation months; to re peal certain provisions relating to the maximum hours of employment of minors. Referred to Committee on Industry and Labor.
HB 1363. By Representatives Thurmond of the 67th, Lee of the 72nd, Walker of the 85th and Bishop of the 94th:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with respect to programs and protection for children and youth, so as to provide pay ments to licensed child placing agencies which arrange adoptions for special needs children who would otherwise remain in foster care at state expense. Referred to Committee on Children and Youth.
HB 1403. By Representatives Smyre of the 92nd, Mangum of the 57th, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to redesignate the provisions relating to post-secondary voca tional education and place them in a separate article. Referred to Committee on Education.

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HB 1404. By Representatives Smyre of the 92nd, Mangum of the 57th, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Article 6 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to make certain editorial changes and corrections; to authorize handicapped children to use certain types of funds. Referred to Committee on Education.
HB 1422. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Code Section 20-2-58 of the Official Code of Georgia Annotated, relating to regular monthly meetings of county boards of education, so as to re move the requirements that the meeting be held at the county seat. Referred to Committee on Education.
HB 1434. By Representatives Herbert of the 76th, Richardson of the 52nd, Mostiler of the 75th, Townsend of the 24th and Steinberg of the 46th:
A bill to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relating to the parent and child rela tionship, so as to change the provisions relating to visitation rights of grandpar ents and actions related thereto. Referred to Committee on Children and Youth.
HB 1489. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
A bill to amend Code Section 33-2-11 of the Official Code of Georgia Annotated, relating to the requirement of examination by the Commissioner of Insurance of insurers, rating organizations, and advisory organizations, so as to provide for examinations of any authorized insurer which changes its domicile from Georgia to another state. Referred to Committee on Insurance.
HB 1528. By Representative Pettit of the 19th:
A bill to amend Code Section 44-5-145 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to eliminate the requirement that documents making anatomical gifts be signed by two witnesses. Referred to Committee on Judiciary.
HR 756. By Representatives Triplett of the 128th and Pannell of the 122nd:
A resolution authorizing the conveyance of an estate for years in certain real property owned by the State of Georgia in Chatham County, Georgia, to Chat ham County, Georgia. Referred to Committee on Public Utilities.
HR 792. By Representatives Pannell of the 122nd and Triplett of the 128th:
A resolution proposing an amendment to the Constitution so as to allow owners of real property located in an industrial area by virtue of Article XI, Section I, Paragraph IV of the Constitution to irrevocably remove such property and adja cent public rights of way from the industrial area; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Industry and Labor.

TUESDAY, FEBRUARY 23, 1988

1179

HR 799. By Representatives Wilson of the 20th, Clark of the 20th, Hensley of the 20th and others: A resolution authorizing the State Properties Commission to negotiate a new lease with the City of Marietta, Georgia, combining two current lease agreements on three tracts of certain state owned real property in Cobb County, Georgia.
Referred to Committee on Public Utilities.
HB 1766. By Representative Sizemore of the 136th:
A bill to amend an Act providing for the election of members of the board of education of Turner County, so as to change the provisions relating to regular meetings of the board of education. Referred to Committee on Urban and County Affairs.
HB 1775. By Representative Peters of the 2nd:
A bill to amend an Act creating the office of Commissioner of Catoosa County, so as to provide for a board of commissioners. Referred to Committee on Urban and County Affairs.
HB 1782. By Representatives Colbert of the 23rd and Greer of the 39th: A bill to amend an Act consolidating, creating, revising, and superseding the sev eral Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, so as to change certain provisions relat ing to qualifications for the office of judge of the municipal court.
Referred to Committee on Urban and County Affairs.
HB 1783. By Representative Moore of the 139th:
A bill to provide a $10,000.00 homestead exemption from City of Douglas ad valorem taxes for residents o'f that city who are age 65 years or over and who have adjusted gross income not exceeding $10,000.00. Referred to Committee on Urban and County Affairs.
HB 1784. By Representatives Jackson of the 9th, Lawson of the 9th and Wood of the 9th:
A bill to amend an Act creating the Gainesville Area Park Commission, so as to change the name of the commission; to increase the membership of the commis sion; to provide for the identity of the membership of the commission. Referred to Committee on Urban and County Affairs.
HB 1788. By Representative Smith of the 78th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to change provisions relative to voting and quorum requirements of the city council; to change provisions relative to the election of the mayor. Referred to Committee on Urban and County Affairs.
HB 1789. By Representative Peters of the 2nd:
A bill to amend an Act placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the clerical help allowance of the judge of the pro bate court. Referred to Committee on Urban and County Affairs.

1080

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HB 1700. By Representatives Colwell of the 4th and McDonald of the 12th:
A bill to amend Code Section 35-2-33 of the Official Code of Georgia Annotated, relating to duties and responsibilities of the Uniform Division of the Department of Public Safety, as said Code section was amended by Senate Bill 417 adopted at the 1988 regular session of the General Assembly, so as to provide that the commissioner of public safety may, and upon the request of the Governor shall, authorize and direct the Uniform Division to provide services to promote and protect the public safety at certain automobile racing events.
HB 1612. By Representative Richardson of the 52nd:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations; Code Section 29-4-6; Code Section 34-9-13; Title 49; Code Section 51-4-2; and Title 53, so as to delete therefrom the words "illegitimate" and "bastard" and derivations of either and substitute words relating to being born out of wedlock.
HB 1594. By Representatives Aiken of the 21st, Clark of the 20th and Atkins of the 21st:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relating to counties, so as to authorize counties to preserve, maintain, and protect abandoned cemeteries.
HB 1731. By Representative Groover of the 99th:
A bill to amend Article 2 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to court reports, so as to change the definition of the term "reports" as it applies to official reports of the decisions of the Supreme Court or the Court of Appeals.
HB 1565. 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 change the provisions relat ing to the sale of business opportunities; to provide for the Secretary of State to be the agent for service of process; to provide that multilevel distribution compa nies shall be regulated in the same manner as companies which sell business opportunities.
HB 1662. By Representatives Lawler of the 20th, Cummings of the 17th and Buck of the 95th:
A bill to amend Article 4 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to reckless conduct, so as to make it unlawful to endanger or denigrate another person as a precondition of joining a school organization.
HB 1732. By Representative Groover of the 99th:
A bill to amend Chapter 12 of Title 36 of the Official Code of Georgia Annotated, relating to supervision, support, and interment of indigent persons, so as to change provisions relating to interment of deceased indigents and payment therefor.
HB 1657. By Representative Pettit of the 19th:
A bill to amend Code Section 36-1-22 of the Official Code of Georgia Annotated, relating to the authority of counties to levy, assess, and collect business and occu pational license taxes and license fees, so as to provide criteria upon which such taxes or fees may be levied, assessed, and collected.

MONDAY, FEBRUARY 22, 1988

1081

SB 432. By Senator Barnes of the 33rd: A bill to amend Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to state courts of counties, so as to create The Council of State Court Judges of Georgia; to provide for the council's composition; to provide for officers and an executive committee; to provide for the organization and administration of the council; to provide for the responsibilities of the council.
HB 1566. By Representatives Workman of the 51st and Watson of the 114th: A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Securities Act of 1973," so as to provide for the regulation of the investment advisory business; to provide for definitions; to provide for the registration of investment advisers and investment adviser representatives.
HB 1660. By Representatives Porter of the 119th, Jackson of the 9th, Lawson of the 9th, Benefield of the 72nd and Smyre of the 92nd: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide the extent to which a person must be under the influence of alcohol or drugs while operating a motor vehicle in order to be in violation of the law.
The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
HR 794. By Representative Ramsey of the 3rd: A resolution designating the B. T. Parks Memorial Bridge.
HR 800. By Representatives Triplett of the 128th, Hamilton of the 124th, Pannell of the 122nd, Johnson of the 123rd, Kingston of the 125th and others: A resolution designating the Benjamin M. Garfunkel Bridge.
SR 247. By Senators Broun of the 46th and Kidd of the 25th: A resolution proposing an amendment to the Constitution so as to remove the Attorney General from the commission which reviews felony indictments against certain public officials and from the Georgia State Financing and Investment Commission and from the committee which prepares the official summary of all proposed constitutional amendments and to provide for a replacement member on such bodies; to provide for the submission of this amendment for ratification or rejection.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 419. By Senators Broun of the 46th and Kidd of the 25th: A bill to amend the Official Code of Georgia Annotated so as to remove the At torney General from being a member of certain commissions, committees, au thorities, boards, and other public bodies; to provide for a replacement member to such; to provide for related matters.
The House has agreed to the Senate substitute to the following bill of the House:
HB 1511. By Representatives Lane of the 27th, Selman of the 32nd, Davis of the 29th, Adams of the 36th, Greer of the 39th and others: A bill to provide an exemption for the full value of the homestead from all ad valorem taxes levied for Fulton County government purposes for each resident of

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HB 1394. Do pass. HB 1479. Do pass.

HB 1700. Do pass. HB 1707. Do pass. Respectfully submitted, Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 651. Do pass. SR 388. Do pass by substitute. HB 1123. Do pass.
Respectfully submitted,
Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1616. Do pass.

HB 1711. Do pass by substitute.

HB 1659. Do pass. HB 1687. Do pass.

HB 1722. Do pass. HB 1737. Do pass.

HB 1703. Do pass by substitute. HB 1705. Do pass.

HB 1739. Do pass. HB 1745. Do pass.

HB 1706. Do pass.

HB 1746. 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:

SR 395. By Senator Langford of the 35th:
A resolution creating the Senate Alternative Sentencing for Youthful Offenders Study Committee.

HB 1306. By Representative Jackson of the 9th:
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 provide that family daycare centers be included in those facilities which are subject to certain space requirements.

HB 1411. By Representatives Dobbs of the 74th, Lane of the lllth, Hanner of the 131st and Porter of the 119th:
A bill to amend Chapter 13 of Title 31 of the Official Code of Georgia Annotated, relating to radiation control, so as to change certain definitions; to provide for licensing of users of radioactive materials other than by-product, source, and spe cial nuclear materials as sources of ionizing radiation.

TUESDAY, FEBRUARY 23, 1988

1183

HB 1460. By Representatives Triplett of the 128th and Johnson of the 123rd:
A bill to amend an Act approved March 31, 1986, which Act amended Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, so as to regulate the taking of certain species of fish, so as to delete provisions relating to the automatic repeal of certain provisions relating to certain species.
HB 1509. By Representatives Oliver of the 53rd and Chambless of the 133rd:
A bill to amend Code Section 19-9-42 of the Official Code of Georgia Annotated, relating to definitions relating to child custody, so as to change the definition of custody proceedings to include adoption proceedings and to change the definition of state to include foreign countries.
HB 1597. By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd and Watts of the 41st:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to authorize the Board of Natural Resources to enter into reciprocal agreements with other states to provide for honorary hunting and fish ing licenses for persons 65 years of age or older; to change certain provisions relating to required hunter education courses with respect to certain nonresident hunting licenses.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker
Bowen B/annon Bryfnt
"CCoou,vlreteomrndaenll Crumbley Dawkins Dea\ Dean Echols Edge English

Engram Foster Gillis Harris
Harrison Hine Howard
H,,juugdggii.nnss Johnson Kennedy Kidd Land Langford McGill McKenzie

Those not answering were Senators:

Newbill Olmstead Peevy Phillips
Ragan of 10th Ragan of 32nd Ray
ScSccootttt ooff,. 23,,n6. dth, Shumake Starr Stumbaugh Taylor Turner Tysinger Walker

Barnes Broun Fincher

Garner Perry

Tate (excused) Timmons (excused)

Senator Peevy of the 48th introduced the chaplain of the day, Reverend William C. Corley, Sr., retired, of Lawrenceville, Georgia, who offered scripture reading and prayer.

1184

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The following resolutions of the Senate were read and adopted:
SR 411. By Senators Dawkins of the 45th and Hudgins of the 15th: A resolution commending Mr. Tom Holmes.
SR 412. By Senators Hudgins of the 15th and Scott of the 2nd: A resolution commending the Kroger Company.
SR 414. By Senators Dean of the 31st and Kennedy of the 4th: A resolution recognizing and commending the Service Corps of Retired Execu tives (SCORE).
SR 416. By Senator McGill of the 24th: A resolution commending the Lincoln County High School Red Devils football team and inviting them to appear before this body.
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Tuesday, February 23, 1988
THIRTY-FIRST LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 1616 Barnes, 33rd Harrison, 37th Ragan, 32nd Newbill, 56th Cobb County Permits the Cobb County-Marietta Water Authority to acquire, construct, own, and operate electric power generation facilities as an incidental part of waterworks projects.
HB 1659 Harrison, 37th Brannon, 51st Cherokee County Provides that each resident of the Cherokee 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 $16,000.00 per annum shall be granted an exemption from all Cherokee County School District taxes on full value of his homestead owned and occu pied by him as a residence.
HB 1687 Barnes, 33rd Harrison, 37th Ragan, 32nd Newbill, 56th Cobb County Removes from the jurisdiction of such system the Director of Juvenile Court of Cobb County and provides for the appointment, compensation, and other terms of employment for that office.

TUESDAY, FEBRUARY 23, 1988

1185

*HB 1703

Garner, 30th Engram, 34th City of Douglasville Douglas County
Changes certain provisions relating to expense allowances; reimbursement of actual expenses of the Douglasville-Douglas County Water and Sewer Au thority; prohibits participation in certain employee benefit plans. (SUBSTI TUTE)

HB 1705 Barnes, 33rd Harrison, 37th Ragan, 32nd Newbill, 56th Cobb County
Provides for a classified and unclassified service in the Cobb County Civil Service System; provides that upper managerial and upper supervisory posi tions shall be in the unclassified service.

HB 1706 Barnes, 33rd Harrison, 37th Ragan, 32nd Newbill, 56th Cobb County
Provides for an executive secretary to the tax commissioner.

*HB 1711

Barker, 18th Houston County
Provides that future school superintendents of the county school district shall be appointed by the board of education rather than elected. (SUBSTI TUTE)

HB 1722 Garner, 30th City of Villa Rica Carroll County
Provides a new charter for the city; provides for the corporate limits of the city.

HB 1737 Brannon, 51st Fincher, 54th City of Dalton Whitfield County
Provides the authority to the governing body of such city to grant permanent easement for the use of a certain specified air space as a pedestrian bridge by the Dalton-Whitfield County Hospital Authority, owner, and Hamilton Medi cal Center, Inc. d/b/a Hamilton Medical Center, lessee.

HB 1739 Foster, 50th Habersham County
Provides that vehicles shall be registered and licensed to operate for the en suing calendar year and thereafter in county during designated registration periods.

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JOURNAL OF THE SENATE

HB 1745 Harris, 27th Barker, 18th Olmstead, 26th Bibb County
Relates to procedures for recall of members of the board of commissioners of county; provides for related matters.
HB 1746 McKenzie, 14th Peach County
Provides that the homestead, but not to exceed $12,000.00 of the value thereof, of each resident of the county school district who is 62 years of age or over and who does not have an income from all sources exceeding $14,000.00 per annum, shall be exempt from all ad valorem taxation for edu cational purposes levied for and in behalf of such school system.
The substitutes to the following bills were put upon their adoption:
*HB 1703:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1703:
A BILL
To be entitled an Act to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," approved March 7, 1985 (Ga. L. 1985, p. 3584), as amended, so as to change certain provisions relating to expense allowances, reimbursement for actual expenses, and residency requirements; to prohibit participation in certain em ployee benefit plans; to provide for applicability of certain ethics laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Douglasville-Douglas County Water and Sewer Au thority Act," approved March 7, 1985 (Ga. L. 1985, p. 3584), as amended, is amended by striking subsections (c) and (d) of Section 3 and inserting in their place new subsections (c) and (d) to read as follows:
"(c) Immediately after the passage of this Act and the appointment of the members by the governing bodies of the City of Douglasville and Douglas County, the members of the authority shall enter upon their duties, and as soon as is practicable thereafter, they shall hold an organizational meeting. The members of the authority shall elect one of their num ber as chairman and another as vice chairman. Neither the mayor of the City of Douglasville nor the chairman of the Douglas County Board of Commissioners shall serve as chairman or vice chairman of the authority. The members shall also elect a secretary and a treasurer, or a secretary-treasurer, who need not be members of the authority. An assistant secretary may also be elected at the discretion of the authority. Four members of the authority shall con stitute a quorum. No vacancy on the authority shall impair the authority of the quorum to exercise all of the rights and powers of and perform all of the duties and obligations of the authority. The members of the authority shall receive the same expense allowance per day as that received by members of the General Assembly for each meeting of the authority actually attended as compensation for their services and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority may make rules and regulations and adopt bylaws for its own government. The authority shall have perpetual existence.
(d) On and after the effective date of this subsection, it shall be required at all times that the permanent residence of each member of the authority board of directors be within the school district from which he or she shall have been appointed during his or her entire term on the board of directors. However, in instances where said permanent residence has been damaged or destroyed and is unfit for occupancy, the member may, for a period not to

TUESDAY, FEBRUARY 23, 1988

1187

exceed 120 days, temporarily reside outside the district but within Douglas County while repairs are being effected or another residence within the district is selected. No member of the authority board of directors appointed to fill full or partial terms following the effective date of this subsection shall serve more than two consecutive terms, except the individual elected as mayor for the City of Douglasville and the individual elected as chairman of the Douglas County Board of Commissioners."
Section 2. Said Act is further amended by adding a new subsection at the end of Sec tion 3, to be designated subsection (e), to read as follows:
"(e) The members of the authority shall not be eligible to participate in any employee benefit plan including, but not limited to, any insurance or retirement plan, which is spon sored in whole or in part by any county, city, or authority and which provides benefits to such members based upon their membership on the board of directors."
Section 3. Said Act is further amended by adding a new section immediately following Section 3, to be designated Section 3A, to read as follows:
"Section 3A. Applicability of ethics laws. The members of the authority shall be subject to and shall comply with all applicable provisions of Chapter 5 of Title 21 of the O.C.G.A., the 'Ethics in Government Act.' "
Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted.
*HB 1711:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1711:
A BILL
To be entitled an Act to provide that future school superintendents of the Houston County School District shall be appointed by the board of education rather than elected; to provide for all related matters; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The school superintendent of the Houston County School District in office on the effective date of this section shall serve out the term of office for which he was elected. Thereafter, future school superintendents of the Houston County School District shall be appointed by the board of education of Houston County rather than elected; and no election for school superintendent of the Houston County School District shall be held. In the event of a vacancy in the office of school superintendent on or after the effective date of this section, the vacancy shall be filled by appointment as provided in this Act.
Section 2. The board of education may appoint the school superintendent to serve at the pleasure of the board of education or may provide the school superintendent with a contract of employment for a fixed term of up to four years. Any such contract shall pro vide, however, that the school superintendent may be removed from office in any manner specified by law; and any such contract may provide for any additional method for removal of the school superintendent for cause, after notice and opportunity for hearing.
Section 3. Except as otherwise provided in this Act, the school superintendent shall be subject to all general laws of this state relating to school superintendents.
Section 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Houston County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Houston County School District for approval or rejection. The election superintendent shall conduct that

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election on the date of and in conjunction with the August, 1988, general primary and shall issue the call therefor not less than 30 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks imme diately preceding the date thereof in the official organ of Houston County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act be approved which provides that future school superintend ents of the Houston County School District shall be appointed by the board of education?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval, then Sections 1 through 3 of this Act shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of September immedi ately following that election date.

The expense of such election shall be borne by Houston County. It shall be the superin tendent's duty to certify the result thereof to the Secretary of State.

Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 47, 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 as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
rannton Bryant BCoulretomnan
Coverdell Crumbley Dawkins Echols Edge English

Fincher Foster Garner Gillis Harris
arrison lne , Howard HHuugdggiinnss
Johnson Kennedy Kidd Land
Langford McGill

McKenzie Newbill Olmstead Perry Phillips R of 1Qth Raganof32nd R S"caoytt of, 2,, nd,
btarr Stumbaugh Taylor Turner
Tysinger Walker

Those not voting were Senators:

Broun Deal Dean

Engram Peevy Scott of 36th

Shumake Tate (excused) Timmons (excused)

On the passage of all the local bills, the yeas were 47, nays 0.

TUESDAY, FEBRUARY 23, 1988

1189

All the bills on the Senate Local Consent Calendar, except HB 1703 and HB 1711, having received the requisite constitutional majority, were passed.
HB 1703 and HB 1711, having received the requisite constitutional majority, were passed by substitute.
SENATE RULES CALENDAR
Tuesday, February 23, 1988
THIRTY-FIRST LEGISLATIVE DAY
SB 398 Certain Clinical Health Services--certificate of need (Substitute) (Hum R--25th) HB 1437 Workers' Compensation Board--certain power to enforce subpoenas (I&L--45th) SB 647 Fraudulently Purchasing Residential Property--prohibit (C Aff--43rd) SB 648 Unfair, Deceptive Acts--temporary restraining orders (C Aff--43rd) HB 194 Insurance Policy Fee in Addition to Premium--no unearned premium refund
(Substitute) (Ins--12th) SB 667 Solid Waste Management Act--legislative intent (Nat R--21st) SB 573 "Paramedic"--substitute term for advanced emergency medical technician (Sub
stitute) (Hum R--33rd) (Pursuant to Senate Rule 143, final passage of the bill was suspended.) HB 1420 Local Governments--annual report of finances (U&CA G--8th) HB 1217 Department of Human Resources Rehabilitation Services Division--personal at tendant care program for disabled (Hum R--52nd) HB 1519 Insurance to Operate Nonprofit Agency Vehicles--define nonprofit agency (Ins--18th) SR 396 Act Causing Local Expenditure Increase--effective date (U&CA G--8th) HB 1475 Handicapped Parking--appointment of person to enforce (Trans--33rd) SB 642 Dairy Act--other use of certain containers unlawful (Ag--24th) HB 1596 Boat Safety Act--redefine personal flotation device (Nat R--20th) HB 1449 Subleasing Motor Vehicles--consent of installment holder (Substitute) (I&L--45th) SB 538 Insurance Company and Agent--cancellation of contractual relationship (Substi tute) (Ins--12th) HB 1399 Petition of Relief from Family Violence--allegations (C&Y--56th) HB 1440 Antlerless, Either-Sex Deer--hunt certain days, certain counties (Amendment) (Nat R--7th) HB 1546 Liability Insurance for Officials--foster parents included (Ins--49th) HB 1523 Public Safety Uniform Division Battalion--process servers (Pub S--27th) HB 1429 Superior Court Clerk--repeal sex criminal record provisions (Judy--49th) HB 768 Felony-Bail Jumping--redefine offense (Substitute) (Judy--29th) HB 1427 Carroll County Superior Court--terms (Judy--30th) HB 1365 State Property--General Assembly approval certain authorities to sell (Substi tute) (Pub U--41st) (Pursuant to Senate Rule 143, final passage of the bill was suspended.) SB 589 Certain Corporate Surety Insurers--consumer warranty agreement (Substitute) (Ins--7th)

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HB 1302 Professional Corporation Shareholder--must be active practitioner (S Judy--28th)
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 on February 19 and lost, and reconsidered on February 22 and placed on the Senate General Calendar, and placed on the Senate Rules Calendar for today, was put upon its passage:

SB 398, By Senators Kidd of the 25th, Kennedy of the 4th, Gillis of the 20th and others:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from the requirements relative to certificate of need re view, so as to exempt certain clinical health services from the requirements rela tive to certificate of need review; to provide for related matters.

Senator Kidd of the 25th moved that the Senate reconsider its action of February 19 in adopting the substitute to SB 398 as it appears in the Journal of February 19.

On the motion, Senator Howard of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Bwen BBruarntonnon
Dean
Echols
English

Engram Foster Garner Gillis HHaurdrgisins
Huggins
Kennedy
Kidd

Land Langford Peevy gcott Qf 2nd 0Scott of. 36th,
Shumake
Tysinger
Walker

Those voting in the negative were Senators:

Allgood Barnes Broun Bryant Coleman Coverdell Crumbley Dawkins Deal

Edge Fincher Harrison Hine Howard Johnson McGill McKenzie Newbill

Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Ray Starr Taylor Turner

Those not voting were Senators:

Stumbaugh

Tate (excused)

Timmons (excused)

On the motion, the yeas were 26, nays 27; the motion was lost, and the substitute was not reconsidered.

TUESDAY, FEBRUARY 23, 1988

1191

Senator Kidd of the 25th moved that SB 398 be committed to the Senate Committee on Human Resources.

Senator Barker of the 18th moved that SB 398 be placed on the Table.

On the motion offered by Senator Barker of the 18th, which motion takes precedence, the yeas were 21, nays 27; the motion was lost, and SB 398 was not placed on the Table.

On the motion offered by Senator Kidd of the 25th, the yeas were 42, nays 2; the mo tion prevailed, and SB 398 was committed to the Senate Committee on Human Resources.

Senator Deal of the 49th introduced the doctor of the day, Dr. William Jones, of Gainesville, Georgia.

The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 1437. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that certifications of corpo rate officers shall be filed with insurers; to grant the State Board of Workers' Compensation certain powers to enforce subpoenas.
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 Brannon Broun Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Barnes Coleman

Engram Tate (excused)

Timmons (excused)

On the passage of the bill, the yeas were 51, nays 0.

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The bill, having received the requisite constitutional majority, was passed.

SB 647. By Senator Walker of the 43rd:
A bill to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to prohibit fraudulent purchasing or attempting to purchase residential property; to prohibit certain false statements, failure to disclose certain information, impersonation, and other fraudulent schemes or devices; to provide for penalties.

Senator Walker of the 43rd offered the following amendment:

Amend SB 647 by striking on Page 1, lines 14 through 21, in its entirety, and inserting in lieu thereof the following:
"16-9-60. (a) Any person who by foreclosure fraud purchases or attempts to purchase residential property by means of such fraudulent scheme, shall be guilty of a felony."

On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Brannon Broun Bryant Burton Coleman Coverdell Dawkins Dean Echols Edge Fincher Foster

Garner Gillis Harris Hine Howard Hudgins Huggins Johnson Kennedy Kidd Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Barker Barnes Bowen Crumbley

Deal English Engram Harrison

Land Tate (excused) Timmons (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.

SB 648. 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, the "Fair Business Practices Act of 1975," so as to change

TUESDAY, FEBRUARY 23, 1988

1193

the provisions regarding unfair or deceptive acts which are unlawful; to eliminate the requirement for notice when certain temporary restraining orders are sought; to eliminate the requirement for a written demand for relief in certain private actions for equitable relief.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Dean Echols Edge English

Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land McGill Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Barnes Bowen Deal

Engram Langford McKenzie

Tate (excused) Timmons (excused)

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

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.
Senate Sponsor: Senator Taylor of the 12th.

The Senate Committee on Insurance offered the following substitute to HB 194:

A BILL
To be entitled an Act to amend Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair and deceptive acts or prac tices in the transaction of insurance, so as to authorize a policy application fee for the writ-

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ing and submission to an insurer of a personal automobile insurance application form; to provide that such fee shall not be considered a premium and shall be fully earned upon issuance of the policy and shall not be subject to refund; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair and deceptive acts or practices in the transaction of insurance, is amended by striking the semicolon at the end of subparagraph (C) of para graph (6) and inserting in lieu thereof a period and by adding at the end of paragraph (6) a new subparagraph (D) to read as follows:
"(D) Notwithstanding any other provision of this title, an agent who solicits, negotiates, procures, or makes any contract of insurance may charge an initial $10.00 policy application fee for services rendered by such agent in connection with the writing and submission to an insurer of a personal automobile insurance application form for an insured. Such fee is not a premium and shall not be subject to any insurance premium tax. Such fee shall be fully earned upon issuance of the policy by the insurer and shall not be subject to refund to that insured;".
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Land of the 16th oifered the following amendment:

Amend the substitute to HB 194 offered by the Senate Committee on Insurance by inserting on line 26, page 1, after "." the sentence,
"Provided, however, that such application fees may be charged only regarding applica tions on behalf of proposed insureds which are classified by the insurer as substandard risks."

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Broun Coverdell

Edge Foster Harris Harrison Hudgins

Land Newbill Ragan of 32nd Shumake Taylor

Those voting in the negative were Senators:

Allgood Barker Bowen Brannon Bryant Burton Coleman

Crumbley Dawkins Dean Echols English Engram Garner

Gillis Hine Howard Huggins Johnson Kidd Langford

TUESDAY, FEBRUARY 23, 1988

1195

McGill
McKenzie Olmstead Peevy
Perry

Ragan of 10th
Ray Scott of 2nd Scott of 36th
Starr

Stumbaugh Turner
Tysinger Walker

Those not voting were Senators:

Deal Fincher

Kennedy (presiding) Phillips

Tate (excused) Timmons (excused)

On the passage of the bill, the yeas were 15, nays 35.

The bill, having failed to receive the requisite constitutional majority, was lost.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 99. By Senators Crumbley of the 17th, Starr of the 44th, Howard of the 42nd and others:
A bill to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of a state court of record, so as to provide that proceedings on a petition challenging the legality of a sentence of death imposed by a state court of record may be transferred after filing and service to the county in which the sentence was imposed.

The House substitute to SB 99 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 provide that a request for judicial assistance may be made in death penalty habeas corpus cases to the president of The Council of Superior Court Judges of Georgia; to provide for the assignment of cases by the president of The Council of Supe rior Court Judges of Georgia; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking in its entirety subsection (b) of Code Section 15-1-9.1, relating to re questing judicial assistance from other courts, and inserting in its place a new subsection (b) to read as follows:
"(b) (1) The chief judge of any court of this state may make a written request for assistance to the chief judge of any other court, a senior judge of the superior court, a re tired judge, or a judge emeritus of any court. The request by the chief judge may be made if one of the following circumstances arises:
(A) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court;
(B) A judge of the requesting court is unable to preside because of disability, illness, or absence; or
(C) A majority of the judges of the requesting court determines that the business of the court requires the temporary assistance of an additional judge or additional judges.
(2) When a petition for habeas corpus is filed in a case in which the petitioner is under a sentence of death, the chief judge of the court where the petition is filed may make a request for judicial assistance to the president of The Council of Superior Court Judges of

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Georgia upon certifying that the business of the court will be impaired unless assistance is obtained. When a request is received, the president of The Council of Superior Court Judges of Georgia shall, under guidelines promulgated by the executive committee of said council, assign the case to a judge of a circuit other than the circuit in which the conviction and sentence were imposed."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Crumbley of the 17th moved that the Senate agree to the House substitute to SB 99.

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 Bryant Burton Coleman Coverdell Crumbley Dawkins Dean

Echols Edge English Engram Foster Garner Gillis Harris Hine Howard Hudgins Huggins Kidd Langford McGill

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Turner Tysinger Walker

Those not voting were Senators:

Deal Fincher Harrison Johnson

Kennedy (presiding) Land McKenzie Ray

Tate (excused) Taylor Timmons (excused)

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 99.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 667. By Senator English of the 21st:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to provide addi tional legislative intent; to provide amendments to the definitions; to revise the powers and duties of the Board of Natural Resources as to solid waste; to revise the powers and duties of the director of the Environmental Protection Division as to solid waste generally.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

Senator Allgood of the 22nd moved that he be excused from voting on SB 667, pursuant to Senate Rule 175, stating that he had a personal interest in the results.

TUESDAY, FEBRUARY 23, 1988

1197

On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Allgood of the 22nd was excused from voting on SB 667.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Dean Echols Edge

English Engram Foster Garner Gillis Harris Mine Howard Hudgins Huggins Johnson Kidd Land McGill Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Albert Allgood (excused) Deal Fincher

Harrison Kennedy (presiding) Langford McKenzie

Ray Shumake Tate (excused) Timmons (excused)

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 419. By Senators Broun of the 46th and Kidd of the 25th:
A bill to amend the Official Code of Georgia Annotated so as to remove the At torney General from being a member of certain commissions, committees, au thorities, boards, and other public bodies; to provide for a replacement member to such; to provide for related matters.

The House amendment was as follows:

Amend SB 419 by striking in its entirety subsection (b) of Section 3 on lines 4 through 14 on page 43, which reads as follows:
"(b) Section 2 of this Act shall become effective on January 1, 1989; provided, however, that the provisions of this Act shall only become effective on such date upon the ratification of a certain constitutional amendment at the November, 1988, general election, which amendment removes the Attorney General as a member of the commission which reviews felony indictments against certain public officials, the Georgia State Financing and Invest ment Commission, and the committee which prepares the official summary of all proposed constitutional amendments.",
and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Section 2 of this Act shall become effective on January 1, 1989; provided, however,

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that the provisions of Section 2 of this Act shall only become effective on such date upon the ratification of a certain constitutional amendment at the November, 1988, general elec tion, which amendment removes the Attorney General as a member of the Georgia State Financing and Investment Commission and the committee which prepares the official sum mary of all proposed constitutional amendments."
Senator Broun of the 46th moved that the Senate agree to the House amendment to SB 419.
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 rannon
roun Burton Coleman Coverdell Crumbley Dawkins Dean Echols Edge

Engram Fincher Foster Garner
Gillis Harris
Hine Hudgins Huggins Johnson Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry
Phillips Ragan of 32nd
Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Albert Deal English Harrison

Howard Kennedy (presiding) Ragan of 10th

Ray Tate (excused) Timmons (excused)

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 419.
The following general bill of the Senate, having been read the third time and final ac tion suspended on February 22, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was put upon its passage:

SB 573. By Senators Barnes of the 33rd and Harrison of the 37th:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency med ical technician" everywhere it appears in Chapter 11 of Title 31.
The substitute to SB 573 offered by Senators Barnes of the 33rd and Garner of the 30th on February 22, as it appears in the Journal of February 22, was automatically reconsidered and put upon its adoption.
On the adoption of the substitute to SB 573 offered by Senators Barnes of the 33rd and Garner of the 30th, Senator Howard of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows:

TUESDAY, FEBRUARY 23, 1988

1199

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Bryant Dawkins Deal Dean Echols

Edge English Engram Garner Gillis Harris Mine Johnson Kidd Land Langford McGill

McKenzie Newbill Peevy Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Stumbaugh Taylor Turner Walker

Those voting in the negative were Senators:

Brannon Burton CCoovleemrdaenll
Crumbley
Fincher

Foster Howard .H,ud,gm. s
Huggins
Olmstead

Perry Ray S0h, umak, e
Starr
Tysinger

Those not voting were Senators:

Harrison Kennedy (presiding)

Tate (excused)

Timmons (excused)

On the adoption of the substitute, the yeas were 36, nays 16, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Bryant Dawkins Deal Dean Echols

Edge English Engram Foster Garner Gillis Harris Johnson Kidd Langford McGill McKenzie

Newbill Olmstead Peevy Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Taylor Turner Walker

Those voting in the negative were Senators:

Brannon Burton Coleman Crumbley

Fincher Howard Hudgins Huggins

Land Perry Phillips Shumake

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Starr

Tysinger

Those not voting were Senators:

Coverdell Harrison

Hine Kennedy (presiding)

Tate (excused) Timmons (excused)

On the passage of the bill, the yeas were 36, nays 14.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 424. By Senator Kidd of the 25th:
A bill to amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions with respect to tuition equalization grants at private col leges and universities, so as to change the definition of the term "full-time stu dent"; to provide an effective date.

The House amendment was as follows:

Amend SB 424 by changing the number "12" on page 1, line 15, to the number "10".

Senator Kidd of the 25th moved that the Senate agree to the House amendment to SB 424.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman
Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Garner Gillis Harris Hine Howard Huggins Johnson Kidd Land Langford

McGill Olmstead Peevy Perry Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Taylor Turner Walker

Those not voting were Senators:

Coverdell Foster Harrison Hudgins

Kennedy (presiding) McKenzie Newbill Phillips

Stumbaugh Tate (excused) Timmons (excused) Tysinger

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 424.

TUESDAY, FEBRUARY 23, 1988

1201

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 1420. By Representative Crosby of the 150th:
A bill to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to require cer tain local governments to file an annual report of local government finances with the Department of Community Affairs.
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 30334/8400

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 4, 1988

SUBJECT: Fiscal Note--House Bill 1420 (LC 14 4899ER) Local Government Finances Reports

This Bill would require local governments to submit to the Department of Community Affairs an annual financial report. If the report is not submitted, the department would have the authority to withhold state appropriated funds until the report is received. If en acted, this Bill would become effective upon the Governor's approval or upon becoming law without such approval.

This Bill would have no fiscal impact on state funds. The financial report required by this Bill is presently completed on a voluntary basis and is the same report that was previ ously required to be submitted by local governments before they receive funds from the Revenue Sharing Act which expired in 1987.

/s/ G. W. Hogan State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

Senators Gillis of the 20th, Kennedy of the 4th and Kidd of the 25th offered the follow ing amendment:

Amend HB 1420 by adding on line 17 of page 1 after the word "government" and before the word "shall" the following:
"that applies for state appropriated grant funds".
By adding at the end of line 26 of page 1 the following:
"A local government having a population of 1,500 or less according to the United States decennial census of 1980 or any future such census shall be permitted to submit an affidavit of financial status when applying for state appropriated grant funds in lieu of the financial report required in this subsection."

On the adoption of the amendment, the yeas were 26, nays 4, and the amendment was adopted.

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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
^BBrrroaynuannnot n
Burton Coleman
Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Garner
gHHlialnrhersis
Howard Hudgins
Huggins Johnson Kidd Land Langford

McGill Newbill Olmstead Peevy Perry phim
n*RaagSaann oofcf 3,,1,,20nthd,
"ay bcott of 36th
Starr Stumbaugh Taylor Turner Walker

Those not voting were Senators:

Foster Harrison Kennedy (presiding)

McKenzie Scott of 2nd Shumake

Tate (excused) Timmons (excused) Tysinger

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1217. By Representatives Childers of the 15th, Richardson of the 52nd, Selman of the 32nd and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to authorize the Division of Rehabilitation Services of the Department of Human Resources to establish a personal attendant care pro gram for disabled adults; to provide a short title.
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 Broun
Bryant

Burton Coverdell Crumbley Dawkins Deal Dean Edge
English

Engram Fincher Garner Gillis Harris Hine Howard
Huggins

TUESDAY, FEBRUARY 23, 1988

1203

Kidd Land Mc(fm rd Newbill Olmstead Peevy

Perry Phillips Raga" f 10th Ragan of 32nd Ray Scott of 36th

Shumake Starr Stumbaugh Taylor Turner Walker

Voting in the negative was Senator Echols.

Those not voting were Senators:

Brannon Coleman Foster Harrison

Hudgins Johnson Kennedy (presiding) McKenzie

Scott of 2nd Tate (excused) Timmons (excused) Tysinger

On the passage of the bill, the yeas were 43, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1519. By Representative Groover of the 99th:
A bill to amend Code Section 45-9-42 of the Official Code of Georgia Annotated, relating to insurance for persons authorized to operate vehicles by nonprofit agencies contracting with the Department of Human Resources, so as to change the definition of "nonprofit agencies" to include subcontractors involved in the delivery of services.
Senate Sponsor: Senator Barker of the 18th.

Senator Stumbaugh of the 55th offered the following amendment:

Amend HB 1519 by adding at the end of line 4 of page 1 the following:
"provide coverage for persons authorized to operate vehicles by nonprofit agencies wtoh"i.ch have contracted with the Department of Transportation to furnish certain services;

By adding at the end of line 6 of page 1 the following:
"provide coverage for the authorized use of certain vehicles funded through the Depart ment of Transportation; to".
By adding at the end of line 17 of page 1 the following: "the Department of Transportation or".
By adding on line 22 of page 1 after the word "vehicle" and before the word "by" the following:
"or a vehicle funded pursuant to subsection (a) of Code Section 32-9-3".

On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Broawnennon
Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher
HGialrlirsis
Harrison Hine Howard Huggins Kidd Land Langford

McGill Newbill Olmstead Perry Phillips
RRaaggaann ooff 3120nthd
Scott of 36th Shumake Starr Stumbaugh Taylor Turner Walker

Those not voting were Senators:

Broun Goasrtneerr Hudgins Johnson

Kennedy (presiding) McKenzie Peevy Ray

Scott of 2nd Tate (excused) Timmons (excused) Tysinger

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SR 396. By Senators Turner of the 8th and Timmons of the llth:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that general Acts of the General Assembly causing an increase in expenditures by counties or municipalities shall not become effective until the first day of January following their enactment and to author ize the General Assembly to provide for procedures for estimating fiscal impact and to pro vide for exemptions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section VI, Paragraph V of the Constitution is amended by ad ding a new subparagraph immediately following subparagraph (e) to be designated subparagraph (f) to read as follows:
"(f) No general Act which results in or requires an increase in expenditures by counties or municipalities of this state shall become effective until the first day of January following the enactment of such Act. The General Assembly may by general law provide procedures for estimating the fiscal impact of such Acts on counties and municipalities and may further provide that the requirements of this subparagraph apply only where the estimated state wide expenditures exceed an amount established by such general law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that general Acts of the General Assembly causing an increase in expenditures by counties or municipalities shall not become effective until the first day of January following

TUESDAY, FEBRUARY 23, 1988

1205

their enactment and to authorize the General Assembly to provide for pro cedures for estimating fiscal impact and to provide for exemptions?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge

English Engram Fincher Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Land Langford

McGill Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Turner

Voting in the negative was Senator Dawkins

Those not voting were Senators:

Barker Broun Foster Kennedy (presiding)

McKenzie Ray Tate (excused)

Timmons (excused) Tysinger Walker

On the adoption of the resolution, the yeas were 45, nays 1.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HB 1475. By Representatives Thomas of the 69th, Cummings of the 17th and Murphy of the 18th:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to provide for the appointment of certain persons solely for the enforcement of such laws; to pro vide for discretion of the appointing authority; to provide for qualifications; to provide for an oath; to provide that persons appointed shall not be deemed peace officers.
Senate Sponsor: Senator Barnes of the 33rd.

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Bryant Burton Coleman Coverdell Crumbley Dean Echols Edge

English Fincher Garner Gillis Harris Harrison Howard Hudgins Huggins Kidd Land

McGill McKenzie Newbill Peevy Perry Ragan of 10th Ragan of 32nd Starr Stumbaugh Taylor Turner

Those voting in the negative were Senators:

Albert Brannon Dawkins

Deal Engram Langford

Olmstead Phillips

Those not voting were Senators:

Bowen Broun Foster Hine Johnson

Kennedy (presiding) Ray Scott of 2nd Scott of 36th Shumake

Tate (excused) Timmons (excused) Tysinger Walker

On the passage of the bill, the yeas were 34, nays 8.

The bill, having received the requisite constitutional majority, was passed.

SB 642. By Senator McGill of the 24th:
A bill to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Dairy Act of 1980," so as to provide that cer tain acts shall be unlawful; to prohibit the use or possession of certain cans, con tainers, or cases under certain conditions; to change the provisions relating to penalties for violations of such article.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen

Brannon Bryant Burton Coleman Coverdell Crumbley

Dawkins Deal Dean Echols Edge English

TUESDAY, FEBRUARY 23, 1988

1207

Engram Fincher
Gamer ,, HHaarr.rriisson Hudgins Huggins Johnson

Kidd Land
Langford M-N.ecwGbill1l1 Olmstead Peevy Perry

Phillips Ragan of 32nd
Scott of 2nd SS_. ttuarmrbaugh Taylor Turner Walker

Those not voting were Senators:

Broun FHomsteer Howard Kennedy (presiding)

McKenzie Ragan of 10th **av Scott of 36th

Shumake Tate (excused) Timmons (excused) Tysinger

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1596. By Representatives Rainey of the 135th, Moody of the 153rd, Hasty of the 8th, Peters of the 2nd and Watts of the 41st:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the "Georgia Boat Safety Act," so as to change the defini tion of a personal flotation device.
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
wen g, Coleman Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Garner Gillis
Harris Harrison Hine Howard Huggins Johnson Kidd Land Langford

McGill Newbill Olmstead Peevy Phillips
Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Turner Walker

Those voting in the negative were Senators:

Brannon

Hudgins

Perry

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JOURNAL OF THE SENATE

Those not voting were Senators:

Broun Crumbley Foster Kennedy (presiding)

McKenzie Ray Shumake

Tate (excused) Timmons (excused) Tysinger

On the passage of the bill, the yeas were 43, nays 3.

The bill, having received the requisite constitutional majority, was passed.

HB 1449. By Representatives Goodwin of the 63rd, Jackson of the 9th, Carter of the 146th, McDonald of the 12th, Crosby of the 150th and others:
A bill to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," so as to provide that it shall be unlawful to induce the buyer of a motor vehicle under a retail installment contract or the lessee of a motor vehicle under a lease contract to sublease such motor vehicle without the written consent of the holder of the re tail installment contract or the lessor under the lease contract.
Senate Sponsor: Senator Dawkins of the 45th.

The Senate Committee on Industry and Labor offered the following substitute to HB 1449:

A BILL
To be entitled an Act to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," so as to provide that it shall be unlawful to induce the buyer of a motor vehicle under a retail installment con tract or the lessee of a motor vehicle under a lease contract to sublease such motor vehicle without the written consent of the holder of the retail installment contract or the lessor under the lease contract; to provide for additional definitions; to provide circumstances under which it shall be unlawful for a sublessee of a motor vehicle to offer such motor vehicle for hire or to offer it to another person to offer for hire; to provide for penalties; to authorize certain civil actions; to provide for other matters relative to the foregoing; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," is amended by adding at the end thereof new Code Sections 10-1-39 through 10-1-41 to read as follows:
"10-1-39. in addition to the definitions provided for in Code Section 10-1-31, as used in Code Sections 10-1-40 and 10-1-41, the term:
(1) 'Induce' means to cause a buyer of a motor vehicle under a retail installment con tract or a lessee of a motor vehicle under a motor vehicle lease contract to sublease the subject motor vehicle or to arrange for or cause such a buyer or lessee to be so induced.
(2) 'Lessee' means a person who obtains possession and use of a motor vehicle through a motor vehicle lease contract.
(3) 'Lessor' means any person who in the regular course of business or as a part of regular business activity leases motor vehicles under motor vehicle lease contracts or purchases motor vehicle lease contracts or any sales finance company that purchases motor vehicle lease contracts.
(4) 'Motor vehicle lease contract' means an agreement between a lessor and a lessee whereby the lessee obtains the possession and use of a motor vehicle for such period of time, for such purposes, and for such consideration as set forth in the agreement.
(5) 'Subject motor vehicle' means the motor vehicle sold to a buyer under a retail in-

TUESDAY, FEBRUARY 23, 1988

1209

stallment contract or the motor vehicle obtained by a lessee under a motor vehicle lease contract.
(6) 'Sublease' means:
(A) To transfer possession of a motor vehicle which is the subject of a retail installment contract to a person who is not a party to that contract or to transfer or assign any of the buyer's rights or interests under the retail installment contract to such a person, whether or not such transfer or assignment is effective; or
(B) To transfer possession of a motor vehicle which is the subject of a motor vehicle lease contract to a person who is not a party to that contract or to transfer or assign any of the lessee's or lessor's rights or interests under the motor vehicle lease contract to such a person, whether or not such transfer or assignment is effective.
10-1-40. (a) It is unlawful for any person to induce the buyer of a motor vehicle under a retail installment contract to sublease the subject motor vehicle to that person or to any other sublessee without first obtaining written consent to the sublease from the holder of the retail installment contract.
(b) It is unlawful for any person to induce the lessee of a motor vehicle under a motor vehicle lease contract to sublease the subject motor vehicle to that person or to any other sublessee without first obtaining written consent to the sublease from the lessor under the motor vehicle lease contract.
(c) It is unlawful for any person who is the sublessee of a motor vehicle to offer the motor vehicle for hire or to offer it to another person to offer for hire if such person induced the sublease of the motor vehicle in violation of subsection (a) or (b) of this Code section or if such person knew or reasonably should have known that the sublease of the motor vehicle was induced in violation of subsection (a) or (b) of this Code section.
(d) Any person who violates any provision of subsection (a), (b), or (c) of this Code section shall be guilty of misdemeanor of a high and aggravated nature.
10-1-41. (a) Any one or more of the following persons may suffer damage as a result of a violation of subsection (a) or (b) of Code Section 10-1-40:
(1) The holder of a retail installment contract;
(2) The lessor of a motor vehicle under a motor vehicle lease contract;
(3) The buyer of a motor vehicle under a retail installment contract or the lessee of a motor vehicle under a motor vehicle lease contract;
(4) The sublessee of the subject motor vehicle when such sublessee did not know and could not reasonably be expected to have known that the sublease of the motor vehicle was induced in violation of subsection (a) or (b) of Code Section 10-1-40.
(b) A person who suffers damage as described in subsection (a) of this Code section may bring an action against the person who induced the sublease of the subject motor vehicle in violation of subsection (a) or (b) of Code Section 10-1-40. The person who suffers damage may recover or obtain against the person who induced such sublease any of the following:
(1) Actual damages;
(2) Equitable relief, including, but not limited to, an injunction or restitution of money and property;
(3) Punitive damages;
(4) Reasonable attorney's fees and costs; and
(5) Any other relief which the court deems proper.
(c) The rights and remedies provided for in this Code section are in addition to any other rights and remedies provided by law."
Section 2. All laws and part of laws in conflict with this Act are repealed.

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JOURNAL OF THE SENATE

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Echols

Edge English Engram Fincher Garner Gillis Harris Harrison Hine Hudgins Huggins Kidd Land Langford

Those voting in the negative were Senators:

McGill McKenzie Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Turner Walker

Deal

Johnson

Those not voting were Senators:

Peevy

Broun Dean Foster Howard

Kennedy (presiding) Newbill Ray Shumake

Tate (excused) Timmons (excused) Tysinger

On the passage of the bill, the yeas were 42, nays 3.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator English of the 21st moved that the following bill of the Senate, having been passed previously today, be immediately transmitted to the House:

SB 667. By Senator English of the 21st:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to provide addi tional legislative intent; to provide amendments to the definitions; to revise the powers and duties of the Board of Natural Resources as to solid waste; to revise the powers and duties of the director of the Environmental Protection Division as to solid waste generally.
On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 667 was immedi ately transmitted to the House.

TUESDAY, FEBRUARY 23, 1988

1211

The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:
SB 538. By Senators Stumbaugh of the 55th, McKenzie of the 14th, Crumbley of the 17th and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to define certain terms; to provide proce dures for the cancellation of the contractual relationship between insurance com panies and insurance agents; to provide for notices; to provide exceptions to the notice requirement.
The Senate Committee on Insurance offered the following substitute to SB 538:
A BILL
To be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to define certain terms; to provide proce dures for the cancellation of the contractual relationship between insurance companies and insurance agents; to provide for notices; to provide exceptions to the notice requirement; to provide for a cause of action for wrongful cancellation of such contractual relationships: to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding immediately following Code Section 33-24-52 a new Code section, to be designated Code Section 33-24-53, to read as follows:
"33-24-53. (a) As used in this chapter, the term:
(1) 'Insurance agent' means any individual, firm, or corporation, licensed in accordance with Chapter 23 of this title and appointed by an insurance company, which is authorized by that company to solicit and to negotiate insurance on its behalf and which is authorized by the insurance company to effectuate and countersign insurance contracts on its behalf. The term shall not include captive or exclusive insurance agents which are employed or appointed and authorized by only one insurance company to solicit and negotiate insurance on its behalf and to effectuate and countersign insurance contracts on its behalf.
(2) 'Insurance company' means any individual, firm, or corporation licensed in accor dance with this title to transact insurance in this state, except clubs or associations organ ized under the laws of this state which sell insurance to their members.
(b) Except as otherwise provided in subsection (c) of this Code section, no insurance company may cancel a written contract establishing an agency relationship with any insur ance agent who has been employed or appointed pursuant to that written contract unless notice is given to the agent as provided in this subsection. If an insurance company proposes to cancel the agency relationship with the agent, the company shall notify the agent by certified mail at least 180 days prior to the date upon which the company proposes to cancel the agency relationship. Such notice shall include a statement of the grounds upon which the insurance company bases its decision to cancel such relationship.
(c) Unless specifically provided otherwise in the written contract establishing the agency relationship, an insurance company shall not be required to notify an agent if a proposed cancellation of the agency relationship is based upon one of the following reasons:
(1) Criminal misconduct or gross negligence of the agent relating to the business or premises of the insurance agency;
(2) Fraud or moral turpitude;
(3) Intentional failure by the agent to follow the underwriting policies of the company;

1212

JOURNAL OF THE SENATE

(4) Failure by the agent to pay moneys over to the company for insurance contracts sold by the agent;
(5) Action taken by the agent to bind the company without such company's authority;
(6) Death or disability of the agent; and
(7) Upon the insurance company's becoming insolvent or discontinuing any line of in surance for any business purpose.
(d) In addition to any other remedy which may be provided by law, if any insurance company cancels the agency relationship with an agent of the company in violation of the provisions of this Code section, the agent who has been damaged by the cancellation shall have a cause of action against the insurance company for specific performance, injunctive relief, or for damages sustained by such agent as a result of the termination of the relation ship, including ascertainable loss of good will. Any action brought by an insurance agent against an insurance company pursuant to this Code section shall be commenced within two years after the date of the wrongful cancellation.
(e) This Code section shall apply to any written contract establishing an agency rela tionship between an insurance company and an insurance agent entered into on and after July 1, 1988."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th offered the following amendment:

Amend the substitute to SB 538 offered by the Senate Committee on Insurance by striking on lines 25-27, page 1 and lines 1-3, page 2, the following:
"The term shall not include captive or exclusive insurance agents which are employed or appointed and authorized by only one insurance company to solicit and negotiate insur ance on its behalf and to effectuate and countersign insurance contracts on its behalf."

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Echols Edge

English Engram Fincher Garner Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Land Langford

McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Taylor

TUESDAY, FEBRUARY 23, 1988

1213

Turner

Walker

Voting in the negative were Senators Brannon and Dean.

Those not voting were Senators:

Albert Broun Foster Gillis

Kennedy (presiding) Ray Shumake

Tate (excused) Timmons (excused) Tysinger

On the passage of the bill, the yeas were 44, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1399. By Representatives Steinberg of the 46th, Buck of the 95th, Chambless of the 133rd, Ramsey of the 3rd and Oliver of the 53rd:
A bill to amend Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to filing of a petition seeking relief from family violence, so as to change the provisions relating to allegations in verified petitions.
Senate Sponsors: Senators Barnes of the 33rd 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:

Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Dean Echols Edge

English Engrain Fincher Garner Gillis Harris Harrison Hine Howard Huggins Johnson Kidd Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Taylor Turner Walker

Voting in the negative was Senator Deal.

Those not voting were Senators:

Albert Broun Foster Hudgins

Kennedy (presiding) Land Ray Shumake

Stumbaugh Tate (excused) Timmons (excused) Tysinger

On the passage of the bill, the yeas were 43, nays 1.

1214

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.
HB 1440. By Representatives Rainey of the 135th, Moody of the 153rd, Watts of the 41st, Greene of the 130th, Manner of the 131st and others: A bill to amend Code Section 27-3-44 of the Official Code of Georgia Annotated, relating to killing of deer which have no antlers visible, so as to provide that it shall not be unlawful to hunt "antlerless or either-sex" deer on certain days in certain counties. Senate Sponsor: Senator Perry of the 7th.
The Senate Committee on Natural Resources offered the following amendment:
Amend HB 1440 by striking from line 28 of page 3 the following: "25",
and inserting in lieu thereof the following: "28".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

Senators Land of the 16th, Perry of the 7th, Barker of the 18th and Echols of the 6th offered the following amendment:

Amend HB 1440 by inserting at the end of line 5 of page 1 the following:
"provide for bag limits with respect to hunters using firearms; to provide for the hunt ing of antlerless deer; to".
By adding in Section 1 on line 27 of page 1, following the word "below" and preceding the colon, the following:
"; provided, however, that the bag limit for deer for hunters using firearms shall be four, of which two must be antlerless, and antlerless deer shall be harvested only on dates and in counties in which either-sex hunting is authorized or on wildlife management areas where authorized".

On the adoption of the amendment, the yeas were 20, nays 18, and the amendment was adopted.

Senators Gillis of the 20th and Kennedy of the 4th offered the following amendment:

Amend HB 1440 by striking on page 4, line 15, the figure "5" and inserting "18"; and by striking on page 5, line 30, the figure "8" and inserting "12"; and by striking on page 3, line 20, the figure "8" and inserting "12".

On the adoption of the amendment, the yeas were 31, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood

Baldwin

Barker

TUESDAY, FEBRUARY 23, 1988

1215

Barnes Bowen Brannon
Bryant Burton
~CCT,,-,oruvemem,rb,df.le"elyl Deal Dean Echols Edge English Engram

Fincher Garner Gillis
Harris Hine
HuHJ,ouoh, gw6ng6asmordns Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry
Phillips Ragan of 10th
RDRSc, caaoyg.ta..tnooff f2n3n2d,nd Scott of 36th Starr Stumbaugh Taylor Turner Walker

Those not voting were Senators:

Albert Broun Foster Harrison

Hudgins Kennedy (presiding) Shumake

Tate (excused) Timmons (excused) Tysinger

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following 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 1768. By Representatives Groover of the 99th and Triplett of the 128th:
A bill to amend Chapter 4 of Title 32 of the Official Code of Georgia Annotated relating to state, county, and municipal road systems, and Chapter 8 of Title 32 of the Official Code of Georgia Annotated, relating to relocation assistance, so as to provide conformity with federal law; to provide uniform relocation assistance to persons displaced by federal-aid projects; to provide uniform land acquisition policies.

HB 1769. By Representatives Groover of the 99th and Triplett of the 128th:
A bill to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Tollway Authority, so as to change the definition of the terms "relocation assistance" and "revenue bonds"; to change the powers of the authority; to provide for compliance with federal law.

HB 1342. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change the compensation of certain state officials.

1216

JOURNAL OF THE SENATE

The following bills of the House were read the first time and referred to committees:
HB 1342. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th: A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change the compensation of certain state officials.
Referred to Committee on Appropriations.
HB 1768. By Representatives Groover of the 99th and Triplett of the 128th: A bill to amend Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and municipal road systems, and Chapter 8 of Title 32 of the Official Code of Georgia Annotated, relating to relocation assistance, so as to provide conformity with federal law; to provide uniform relocation assistance to persons displaced by federal-aid projects; to provide uniform land acquisition policies.
Referred to Committee on Transportation.
HB 1769. By Representatives Groover of the 99th and Triplett of the 128th: A bill to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Tollway Authority, so as to change the definition of the terms "relocation assistance" and "revenue bonds"; to change the powers of the authority; to provide for compliance with federal law.
Referred to Committee on Transportation.
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 12:40 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.

Journal of the Senate 1988 continued in Volume II. Vol ume II has the complete index for both Volume I and Vol ume II.