- Collection:
- Georgia Government Publications
- Title:
- Journal of the Senate of the State of Georgia at the special session commenced at Atlanta, Monday, September 11, 1989 and adjourned Friday, September 15, 1989
- Creator:
- Georgia. General Assembly. Senate
- Date of Original:
- 1989
- Subject:
- Georgia--Politics and government
- Location:
- United States, Georgia, 32.75042, -83.50018
- Medium:
- state government records
- Type:
- Text
- Format:
- application/pdf
- Description:
- Includes extraordinary sessions
- External Identifiers:
- Call Number GA L402 1989 Spec.
- Metadata URL:
- https://dlg.galileo.usg.edu/id:dlg_ggpd_y-ga-bl402-b1989-bspec-p
- Digital Object URL:
- https://dlg.galileo.usg.edu/do:dlg_ggpd_y-ga-bl402-b1989-bspec-p
- Holding Institution:
- University of Georgia. Map and Government Information Library
- Rights:
-
JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT THE
SPECIAL SESSION
Commenced at Atlanta, Monday, September 11, 1989 and adjourned Friday, September 15, 1989
1989 Atlanta, Georgia
OFFICERS
OF THE
STATE SENATE
1989
ZELL MILLER
........... President (Lieutenant Governor)
TOWNS COUNTY
JOSEPH E. KENNEDY
EVANS COUNTY
President Pro Tempore
HAMILTON McWHORTER, JR.
Secretary of the Senate
OGLETHORPE COUNTY
MARVIN W. "CAP" HICKS ....................... Sergeant-at-Arms
FLOYD COUNTY
STAFF OF SECRETARY OF SENATE
ALICE E. ENRIGHT. ........................... Assistant Secretary
FULTON COUNTY
SARALYN FOSTER
DeKALB COUNTY
......... Bill Clerk
SHIRLEY SHELNUTT
ROCKDALE COUNTY
....... Journal Clerk
ROBERT F. EWING
DeKALB COUNTY
. Assistant to Secretary
AGNES DOSTER ................................... Enrolling Clerk
GWINNETT COUNTY
CLARA BASKIN
COBB COUNTY
Bill Status Clerk
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 1989-1990
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
Joe Burton (R) .............................. 5 .... Atlanta
Charles C. (Chuck) Clay (R) ................. 37 .... Marietta
J. Tom Coleman, Jr. (D) ..................... 1 .... Savannah
Mac Collins (R) ............................ 17 ... .Jackson
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
Michael J. Egan (R) ....................... 40 .... Atlanta
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
Kenneth C. (Ken) Fuller (D) ................ 52 ... .Rome
Wayne Garner (D) ......................... 30 .... Carrollton
Hugh M. Gillis, Sr. (D) ..................... 20 ... .Soperton
R. Joseph Hammill (D) ...................... 3 .... Brunswick
W. F. (Billy) Harris (D) ..................... 27 ... .Thomaston
Pierre Howard (D).......................... 42 Decatur
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
Lewis H. (Bud) McKenzie (D) ............... 14 .... Montezuma
Sallie Newbill (R) .......................... 56 ... .Atlanta
Tommy C. Olmstead (D) .................... 26 . . . . Macon
Gary Parker (D) ............................ 15 .... Columbus Bonn M. Peevy (D)......................... 48 .... Lawrenceville Ed Perry (D)................................ 7 .... Nashville R. T. (Tom) Phillips (R) ..................... 9 . Lilburn G. B. "Jake" Pollard, Jr. (D) ................ 24 ... .Appling Harold J. Ragan (D) ........................ 10 .... Cairo Hugh A. Ragan (R) ......................... 32 .... Smyrna Walter S. Ray (D) .......................... 19 ... .Douglas Albert J. Scott (D)........................... 2 .... Savannah David Scott (D) ............................ 36 ....Atlanta Hildred W. Shumake (D).................... 39 ... Atlanta Terrell Starr (D) ........................... 44 .... Forest Park Lawrence (Bud) Stumbaugh (D) ............. 55 .. Stone Mountain Horace E. Tate (D) ......................... 38 ... .Atlanta Mark Taylor (D) ........................... 12 . . . .Albany Jimmy Hodge Timmons (D) ................. 11 .. Blakely Loyce W. Turner (D) ........................ 8 .... Valdosta James W. (Jim) Tysinger (R) ................ 41 .... Atlanta Eugene P. (Gene) Walker (D)................ 43 Decatur
MEMBERS OF THE
GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES
FOR THE TERM 1989-1990
Representatives
District
Address
Betty Aaron (D) .................. 56 ............ .Decatur
Ralph David Abernathy (D) ....... 39 ............. Atlanta
Marvin D. Adams (D) ............. 79 ............ .Thomaston
Fred Aiken (R) ................... 21, Post 1 ...... .Smyrna
Dean C. Alford (D) ............... 57, Post 3 ...... .Lithonia
Roy L. Alien (D) ................ 127 ............. Savannah
Troy A. Athon (D) ................ 57, Post 1 ....... Conyers
William A. Atkins (R) ............. 21, Post 3 ....... Smyrna
Frank I. Bailey, Jr. (D)........... 72, Post 5 ...... .Riverdale
Thurbert E. Baker (D) ............ 51 ............ .Decatur
Ralph J. Balkcom (D) ............ 140 ............. Blakely
Charles E. Bannister (R) .......... 62 ............. Lilburn
Fisher Barfoot (D) ............... 120 ............. Vidalia
Emory E. Bargeron (D) .......... 108 ............. Louisville
Bill H. Barnett (D) .............. 10 ............. Cumming
0. M. (Mike) Barnett (R) ......... 59 ............ .Lilburn
James M. (Jim) Beck (D)......... 148 ............ . Valdosta
Jimmy W. Benefield (D)........... 72, Post 2 ...... . Jonesboro
Lorenzo Benn (D)
.......... 38 ............ .Atlanta
Kenneth W. (Ken) Birdsong (D) . . 104 ............. Gordon
Sanford D. Bishop, Jr. (D)......... 94 ............. Columbus
Henry Bostick (D) ............... 138 ............ .Tifton
Paul S. Branch, Jr. (D)......... 137 ............ .Fitzgerald
Keith R. Breedlove (R)............ 60 ............. Buford
Tyrone Brooks (D)................ 34 ............. Atlanta
George M. Brown (D) ............. 88 ............ .Augusta
Thomas B. (Tom) Buck, III (D).... 95 ............. Columbus
Floyd M. Buford, Jr. (D) ......... 103 ............. Macon
Roger C. Byrd (D) ............... 153, Post 2 ...... .Hazlehurst
Tyrone Carrell (D) ................ 65 ............. Monroe
Hanson Carter (D) ............... 146 ............. Nashville
Tommy Chambless (D) ........... 133 ............. Albany
George A. Chance, Jr. (D) ........ 129 ............. Springfield
Donald E. (Don) Cheeks (D) ....... 89 ............. Augusta
E. M. (Buddy) Childers (D)........ 15, Post 1 ...... .Rome
Betty J. Clark (D) ................ 55 ............. Atlanta
Herman Clark (R) ................ 20, Post 3 ....... Acworth
Louie Max Clark (D).............. 13, Post 1 ....... Danielsville Luther S. Colbert (R) ............. 23 ............. Roswell Terry L. Coleman (D) ............ 118 ............. Eastman Carlton H. Colwell (D) ............. 4, Post 1 ....... Blairsville Jack Connell (D) ................. 87 ............. Augusta Barbara H. Couch (D)............. 36 ............. Hapeville Walter E. Cox (D) ............... 141 ............. Bainbridge John G. Crawford (D) .............. 5 ............. Lyerly Tom Crosby, Jr. (D) .......... 150 ............. Waycross Bill Cummings (D)................ 17 ............. Rockmart Mary Young Cummings (D)....... 134 ............. Albany Clay Davis (R) ................... 72, Post 4 ....... Jonesboro Grace W. Davis (D) ............... 29 ............. Atlanta J. Max Davis (R) ................. 45 ............ .Atlanta Harry D. Dixon (D) .............. 151 ............. Waycross Sonny Dixon (D) ................ 128 ............. Garden City Denny M. Dobbs (D).............. 74 ............. Covington William J. (Bill) Dover (D) ........ 11, Post 1 ...... . Clarkesville Wesley Dunn (D) ................. 73 ............. McDonough Ward Edwards (D)............... 112 ............ .Butler Earl Ehrhart (R).................. 20, Post 5 ....... Powder Springs Dorothy Felton (R) ............... 22 ............. Sandy Springs Ronald (Ron) Fennel (D) ......... 155 ............. Brunswick James M. (Jimmy) Floyd (D) ..... 154 ............. Hinesville Philip A. (Phil) Foster (D).......... 6, Post 2 ....... Dalton John F. Godbee (D).............. 110 .............Brooklet Bill Goodwin (R) ................. 63 ............ Norcross Gerald E. Greene (D) ........... 130 ............. Cuthbert George F. Green, M.D. (D) ....... 106 ............ Sparta (Johnny) Gresham, Jr. (R) ......... 21, Post 4 ....... Marietta Jim T. Griffin (D) ................. 6, Post 1 ...... .Tunnel Hill Denmark Groover, Jr. (D) ........ 99 ............. Macon DeWayne Hamilton (D) .......... 124 ............. Savannah Robert (Bob) Hanner (D)......... 131 ............. Dawson Bobby Harris (D) ................. 84 ............. Thomson W. G. (Bill) Hasty, Sr. (D) ......... 8, Post 2 ....... Canton Paul W. Heard, Jr. (R) ............ 43 ............ .Peachtree City Suzi Johnson Herbert (D) ......... 76 ............. Griffin C. E. (Ed) Holcomb (D) ........... 72, Post 3 ...... .Jonesboro Ray Holland (D)................. 136 ............ . Ashburn Bob Holmes (D) .................. 28 ............. Atlanta George B. Hooks (D) ............. 116 ............ .Americus Gresham Howren (R) ............. 20, Post 2 ....... Powder Springs W. N. (Newt) Hudson (D) ........ 117 ............ .Rochelle Karen Osborne Irwin (D) .......... 13, Post 2 ....... Winterville
Johnny Isakson (R) .............. . 21, Post 2 ... . . .Marietta Jerry D. Jackson (D) ............. . . 9, Post 3 ... .... Chestnut
Mountain William S. (Bill) Jackson (D) .... .83 ......... . . . . Martinez Mary (Jeanette) Jamieson (D) ... 11, Post 2 . . . . . .Toccoa Curtis S. Jenkins (D) ............. .80 ......... . Forsyth Diane Harvey Johnson (D) ...... 123 ......... Savannah Sidney P. Jones (R) .............. .71 ......... . . . . Newnan Thomas M. (Tom) Kilgore (D) . . . . .42 ......... .... Douglasville Jack Kingston (R) ............... 125 ......... ... Savannah Dick Lane (D) ................... .27 ......... ... East Point Robert (Bob) Lane (D) ........... Ill ......... . . Statesboro James Beverly Langford (D) ...... ..7 ......... .... Calhoun Tom E. Lawrence (R) ............ .49 ......... ... Stone
Mountain Bobby Lawson (D) ............... . . 9, Post 2 . . . . . . . Gainesville William J. (Bill) Lee (D) ......... . 72, Post 1 . . . . . . . Forest Park John Linder (R) ................. .44 ......... . . . . Dunwoody Bobby Long (D) ................. 142 ......... ... Cairo Jimmy Lord (D) ................. 107 ......... ... Sandersville David E. (Dave) Lucas (D) ....... 102 ......... . . . . Macon John M. Lupton, III (R) .......... .25 ......... ... Atlanta William C. (Bill) Mangum, Jr. (D) 57, Post 2 ... ... Decatur Jim Martin (D) .................. 26 ......... .... Atlanta Robert H. McCoy (D) ............ 1, Post 2 ... ... Rossville Lauren (Bubba) McDonald, Jr. (D) .12 ......... .... Commerce Forrest L. McKelvey (D) ......... . 15, Post 2 ... ... Silver Creek Cynthia Ann McKinney (D) ...... .40 ......... . . . . Atlanta J. E. (Billy) McKinney (D) ....... .35 ......... ... Atlanta Leonard R. (Nookie) Meadows (D) .91 ......... .... Manchester Wade Milam (D) ................ .81 ......... .... LaGrange John 0. Mobley, Jr. (D) ......... .64 ......... .... Winder Lundsford Moody (D) ............ 153, Post 1 . . . . . . . Baxley James C. Moore (D) ............. 139 ......... ... West Green Chesley V. Morton, Jr. (R) ....... .47 ......... ... Tucker Roy D. Moultrie (D) ............. .93 ......... ... Hamilton Anne Mueller (R) ................ 126 ....... . . . . Savannah Thomas B. (Tom) Murphy (D) . . . . .18 ....... . . . . Bremen Clinton Oliver (D) ............... 121 ......... ... Glennville Mary Margaret Oliver (D) ........ .53 ......... ... Decatur Easton Orr, Sr. (D) .............. . . 9, Post 1 ... .... Gainesville Nancy (Nan) Orrock (D) ...... .30 ......... . Atlanta Michael J. (Mike) Padgett (D) . . . . .86 ......... . . . Augusta James L. (Jim) Pannell (D) ...... 122 ......... . . . . Savannah Bobby E. Parham (D) ............ 105 ......... . . . Milledgeville
Larry J. (Butch) Parrish (D) ...... 109 ....
Robert L. Patten (D)............. 149 ....
Hugh B. (Boyd) Pettit (D)........ 19 ....
Frank C. Pinkston (D) ........... 100 ....
Charles (Judy) Poag (D).......... .3
DuBose Porter (D) ............... 119
McCracken (Ken) Poston (D)
.. 2
C. C. (C.J.) Powell (D) ........... 145 ....
Howard H. Rainey (D) ........... 135 ....
William C. (Billy) Randall (D) . . . . 101 ....
Dick Ransom (R) ................ .90 ...
Robert Ray (D).................. .98 ....
Henry L. Reaves (D) ............. 147 ....
Frank L. Redding, Jr. (D) ........ .50 ....
Eleanor L. Richardson (D)........ .52 ....
Edward D. (Ed) Ricketson, Jr. (D) .82 ....
Pete Robinson (D) ............... 96 ....
A. Richard Royal (D) ............ 144 ...
Helen Selman (D) ............... .32 ....
John Simpson (D) ............... .70 ....
Georganna T. Sinkfield (D) ....... .37 ....
Larry Smith (D) ................. .78 ....
Paul E. Smith (D) ............... .16 ....
Tommy Smith (D) ............... 152
Willou Smith (R) ................ 156
Calvin Smyre (D) ................ .92 ....
Michael M. (Mike) Snow (D)
. . 1, Post
Frank E. Stancil (D) ............. 66 ....
Steve Stancil (R) ................ . 8, Post
LaNett Stanley (D) .............. .33
Robert Steele (R) ................ .97
Lawton Evans Stephens (D) ...... .68
Doug Teper (D) ................. .46
Charles Thomas (D) ............. 69
Mable "Able" Thomas (D)........ .31
Steve Thompson (D) ............. . 20, Post
Michael L. (Mike) Thurmond (D) . .67
Theo Titus III (R) ............... 143
Claude (Tommy) Tolbert (R)
58
Kiliaen V. R. Townsend (R) ...... .24
Ralph Twiggs (D) ................ . . 4, Post
Jack Vaughan Jr. (R) ............ . 20, Post
Ted W. Waddle (R).............. 113
Charles W. Walker (D) ........... .85
Larry Walker (D) ................ 115 . . . .
. Swainsboro . Lakeland . Cartersville . Macon .Eton Dublin . Ringgold . Moultrie . Cordele Macon . Augusta . Fort Valley . Quitman Decatur Decatur . Warrenton . Columbus . Camilla Palmetto . Carrollton . Atlanta .Jackson Rome Alma . Brunswick . Columbus . Chickamauga . Watkinsville . Canton . Atlanta . Columbus . Athens . Atlanta . Temple . Atlanta . Austell . Athens . Thomasville . Clarkston . Atlanta . Hiawassee . Marietta Warner Robins . Augusta Perry
Vinson Wall (R) .................. 61 ............. Lawrenceville J. Crawford Ware (D) ............. 77 ............. Hogansville Roy H. (Sonny) Watson, Jr. (D). . . 114 ............ .Warner Robins Charlie Watts (D)................. 41 ............. Dallas John White (D).................. 132 .............Albany Thomas (Tom) Wilder, Jr. (R) ..... 21, Post 5 ....... Marietta Betty Jo Williams (R) ............. 48 ............. Atlanta Juanita Terry Williams (D) ........ 54 ............ .Atlanta John P. Yates (R) ................ 75 ............. Griffin Charles W. Yeargin (D) ........... 14 ............. Elberton
MONDAY, SEPTEMBER 11, 1989
2569
SENATE JOURNAL
SPECIAL SESSION
Senate Chamber, Atlanta, Georgia Monday, September 11, 1989 First Legislative Day
Pursuant to a proclamation by His Excellency, Governor Joe Frank Harris, the Senate met in Special Session in the Senate Chamber at 10:00 o'clock A.M. this day, and was called to order by Lieutenant Governor Zell Miller, President of the Senate.
The following Proclamation by His Excellency, Governor Joe Frank Harris, convening the General Assembly of Georgia in Special Session, was read by the Secretary:
BY THE GOVERNOR OF THE STATE OF GEORGIA
A PROCLAMATION
CONVENING THE GENERAL ASSEMBLY OF GEORGIA IN SPECIAL SESSION
WHEREAS: Georgia's current income tax act exempts from taxation the retirement benefits of state and local government retirees, but not federal government retirees; and
WHEREAS: A recent ruling by the United States Supreme Court requires states, under certain circumstances, to equally tax the retirement benefits of state and federal government retirees; and
WHEREAS: Such ruling by the United States Supreme Court is of sufficient importance to demand that a Special Session be called for such purposes; and
WHEREAS: The following specified purposes are found and concluded by me to be of sufficient importance to be included in the call of such Special Session of the General Assembly of Georgia:
1.) for the purpose of amending the Official Code of Georgia Annotated, Section 48-727, relating to the computation of Georgia taxable net income;
2.) for the purpose of considering and enacting by revision, repeal, amendment or otherwise, local legislation which the General Assembly deems necessary to avoid unreasonable hardships or to avoid undue impairment of the functions of local political subdivisions or agencies thereof if consideration and enactment thereof be postponed until the 1990 Regular Session of the General Assembly; now
THEREFORE: By virtue of the power and authority conferred upon me by the Constitution of Georgia, Article V, Section II, Paragraph VII, I, Joe Frank Harris, Governor of Georgia, do hereby convoke and call a meeting of the General Assembly of this State in Special Session at ten o'clock (10:00) a.m. on Monday, September 11, 1989, for the purposes herein specified.
Given under my hand and the Great Seal of the State of Georgia, at the City of Atlanta, on this 25th day of August, 1989.
Is/ Joe Frank Harris Governor
By the Governor:
/s/ Max Cleland Secretary of State
(SEAL)
2570
JOURNAL OF THE SENATE
The following communications were read by the Secretary:
THE STATE SENATE ATLANTA
April 20, 1989
The Honorable Joe Frank Harris Governor of the State of Georgia The State Capitol Atlanta, Georgia 30334
Dear Governor:
This letter will advise you that it is my intention to resign from the Georgia Senate, 40th District, effective at 12:00 noon, Friday, April 21, 1989, to subsequently become Director of the Peace Corps of the United States.
It has been an immeasurable honor to have served in the Georgia Senate these past nineteen years. Holding an office of public trust is a privilege that has been dear to me. Serving our great state and the citizens of our capital city was an opportunity never to be forgotten.
I can certainly attest to the fact that separating from colleagues with whom one has served and worked for so long is difficult, but as we all discover, this is sometimes necessary.
Let me also reiterate to you the friendship and respect I hold for you and your family. We have differed as well as agreed on important issues affecting our state, but in every case you have extended me every courtesy, and I thank you for that. You can certainly be proud of your accomplishments as Governor, and I wish you every good wish for the balance of your term.
Sincerely yours,
/s/ Paul D. Coverdell
STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334
April 21, 1989
Honorable Paul D. Coverdell State Senator 2622 Piedmont Road, N.E. Atlanta, Georgia 30324
Dear Paul:
This will acknowledge receipt of your recent correspondence in which you tendered your resignation as a member of the Georgia State Senate, 40th District, effective at 12:00 noon, Friday, April 21, 1989. By copy of this letter, your resignation is hereby accepted.
Let me take this opportunity to congratulate you again on your recent appointment. Your service in the Georgia State Senate is greatly appreciated, and I feel certain you will do an outstanding job as Director of the Peace Corps of the United States. I extend to you my best wishes for the future.
With kindest regards, I remain
Sincerely,
/s/ Joe Frank Harris Governor
MONDAY, SEPTEMBER 11, 1989
2571
SECRETARY OF STATE Elections Division 110 State Capitol
Atlanta, Georgia 30334
June 22, 1989
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 June 20, 1989 Special Runoff Election for the office of State Senate in the General Assembly of Georgia from District 40, 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,
Enclosure
/a/ Max Cleland Secretary of State
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 6th day of June, 1989, in District 40 of the State Senate, in a portion of Fulton County, to fill the vacancy existing due to the resignation of the Honorable Paul D. Coverdell, show the following results:
Richard Bell
4274
Mike Egan
5897
F.W. Buddy Griffin
149
Bettye Lowe
946
Mitch Skandalakis
1520
J. Mercedes Smith
154
John E. Thompson
337
Inasmuch as no candidate received a majority of the votes cast, a Special Runoff Election was held on June 20, 1989 and the consolidated returns on file in this office show the following results:
Richard Bell
4716
Mike Egan
5932
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 June, in the year of our Lord One Thousand Nine Hundred and Eighty-nine and of the Independence of the United States of America the Two Hundred and Thirteenth.
(SEAL)
/s/ Max Cleland Secretary of State
2572
JOURNAL OF THE SENATE
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF GEORGIA
I, Max Cleland, Secretary of State, do hereby certify that at the Special Runoff Election held on Tuesday, the 20th day of June, 1989,
MICHAEL J. EGAN
Having received 5932 votes was duly elected to the office of
STATE SENATE, DISTRICT 40
Witness my hand and the seal of my office this twenty-second day of June 1989.
(SEAL)
/s/ Max Cleland Secretary of State
OFFICE OF SECRETARY OF THE SENATE 353 State Capitol
Atlanta, Georgia 30334
June 22, 1989
Honorable Max Cleland Secretary of State State Capitol Atlanta, GA
Dear Mr. Secretary:
I, Hamilton McWhorter, Jr., Secretary of the Senate of the State of Georgia, do hereby certify that on June 22, 1989, in the Senate Chamber, Supreme Court Justice George T. Smith administered the attached oath of office to the Honorable Michael J. Egan as a member of the Georgia State Senate from District 40, to fill the vacancy existing due to the resignation of the Honorable Paul Coverdell.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of the Georgia State Senate, this 22nd day of June, 1989.
(SENATE SEAL)
/s/ Hamilton McWhorter, Jr. Secretary of the Senate of the State of Georgia
OATH OF OFFICE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the government of the United States, nor of any one of the several states, nor of any foreign state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia.
So help me God.
MONDAY, SEPTEMBER 11, 1989
2573
The President called for the morning roll call, and the following Senators answered to their names:
Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan
English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Muggins Johnson Kennedy Kidd Langford McKenzie Newbill Olmstead Parker
Peevy Perry Phillips Pollard 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 Howard and Land.
Senator Kidd of the 25th introduced the chaplain of the day, Reverend Dan Maxey, pastor of the First Methodist Church in Milledgeville, Georgia, who offered scripture reading and prayer.
Lieutenant Governor Miller introduced Dr. James Kaufmann, who serves as liaison for the medical aid center in the Capitol, and he introduced his wife, Mrs. Alice Kaufmann, who will serve as the nurse.
The following resolution of the Senate was read and put upon its adoption:
SR 1 EX. By Senators Dean of the 31st, Kennedy of the 4th and Allgood of the 22nd:
A RESOLUTION Adopting the Rules of the Senate; and for other purposes. BE IT RESOLVED BY THE SENATE that the Rules of the Senate in force at the adjournment of the regular 1989 session of the General Assembly of Georgia are hereby adopted as the Rules of the Senate for the 1989 special session with the following exceptions: Amend Rule 28 by striking the Rule in its entirety and inserting in lieu thereof the following: "Rule 28. The following shall be the order of business: 1. Call of the Roll. 2. Prayer of the Chaplain. 3. Report of the Committee on the Journal. 4. Reading of the Journal. 5. Confirmation of the Journal. 6. Introduction of Bills and Resolutions.
2574
JOURNAL OF THE SENATE
7. First Reading and Reference of Senate Bills and Resolutions.
8. First Reading and Reference of House Bills and Resolutions, which shall also be in order at any later time when no other business is pending.
9. Reports of Standing Committees.
10. Second Reading of General Bills and Resolutions.
11. Unanimous Consents and Points of Personal Privilege.
12. Motions to withdraw bills or resolutions from one committee and commit to another committee.
13. Passage of Local Uncontested Bills and Resolutions.
14. Consideration of Local Contested Bills and Resolutions.
15. Third Reading and Consideration of General Bills and Resolutions."
Amend Rule 91 by striking the last line of the Rule which reads as follows:
"(Rule 28, No. 14)",
and inserting in lieu thereof the following:
"(Rule 28, No. 12)".
Amend Rule 94 by striking the Rule in its entirety and inserting in lieu thereof the following:
"Rule 94. During a Special Session, any bill, resolution or other matter which requires action by the House shall be immediately transmitted to the House by the Secretary after passage or adoption, unless reconsidered. A Senator must give notice immediately of his intention to move to reconsider, and the presiding officer shall set a time during the day when the motion will be entertained, so stating the time to the Senate; the time shall be at the discretion of the presiding officer, but not less than ten minutes. If the Senate is considering any other business at the time the motion to reconsider has been set to be entertained, the motion will be taken up upon conclusion of that business."
Amend Rule 97 by striking the Rule in its entirety and inserting in lieu thereof the following:
"Rule 97. During a Special Session, all bills and resolutions reconsidered shall take their place at the foot of the calendar of bills then in order for a third reading."
Amend Rule 105 by striking the Rule in its entirety and inserting in lieu thereof the following:
"Rule 105. No bill or resolution requiring the concurring vote of the House for passage shall be introduced unless the same shall have been filed with the Secretary prior to the time for First Reading and Reference of Senate Bills and Resolutions in the Order of Business (Rule 28, No. 7)."
Amend Rule 113 by striking in the fourth paragraph the following:
"(Senate Rule 28, No. 15)",
and inserting in lieu thereof the following:
"(Senate Rule 28, No. 13)".
Amend Rule 114 by striking the Rule in its entirety and inserting in lieu thereof the following:
"Rule 114. Any General bill or resolution shall be read a second time on the same legislative day that the bill or resolution is reported by the committee to which it was referred."
MONDAY, SEPTEMBER 11, 1989
2575
Amend Rule 185 by striking the first paragraph of the Rule and inserting a new para graph to read as follows:
"Rule 185. The President shall appoint the following standing committees, which shall not exceed the following number of Senators each:
AGRICULTURE--7 APPROPRIATIONS--31 BANKING AND FINANCE--13 CHILDREN AND YOUTH--5 CONSUMER AFFAIRS--5 CORRECTIONS--8 DEFENSE AND VETERANS AFFAIRS--5 ECONOMIC DEVELOPMENT AND TOURISM--11 EDUCATION--12 GOVERNMENTAL OPERATIONS--9 HIGHER EDUCATION--8 HUMAN RESOURCES--12 INDUSTRY AND LABOR--9 INSURANCE--8 INTERSTATE COOPERATION--5 JUDICIARY--10 NATURAL RESOURCES--14 PUBLIC SAFETY--6 PUBLIC UTILITIES--5 REAPPORTIONMENT--11 RETIREMENT--5 RULES--12 SPECIAL JUDICIARY--8 TRANSPORTATION--12 URBAN AND COUNTY AFFAIRS--9".
On the adoption of the resolution, the yeas were 47, nays 1.
The resolution, having received the requisite constitutional majority, was adopted:
The following resolution of the Senate was read and adopted:
SR 2 EX. By Senators Allgood of the 22nd and Kennedy of the 4th: A resolution to notify the House of Representatives that the Senate has convened.
2576
JOURNAL OF THE SENATE
The following communication from Honorable Zell Miller, Lieutenant Governor, was read by the Secretary:
OFFICE OF LIEUTENANT GOVERNOR 240 STATE CAPITOL
ATLANTA, GEORGIA 30334
September 11, 1989
Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Hamilton,
I am making the following official committee appointments:
Honorable Harold Ragan, 10th District Vice-Chairman of Higher Education
Honorable Ted Land, 16th District from Economic Development & Tourism from Education to Rules to Appropriations
Honorable Frank Albert, 23rd District Reapportionment (Secretary)
Honorable David Scott, 36th District Vocational and Technical Subcommittee of the Education Committee
Honorable Horace Tate, 38th District Reapportionment
Honorable Michael J. Egan, 40th District Judiciary County & Urban Affairs Economic Development & Tourism (Tourism Subcommittee) Higher Education (University System Subcommittee)
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
Honorable Zell Miller Lieutenant Governor State Capitol Atlanta, Georgia 30334
May 8, 1989
Dear Lieutenant Governor Miller:
I have vetoed Senate Bills 235 and 25 which were passed by the General Assembly of Georgia at the 1989 Regular Session.
Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such
MONDAY, SEPTEMBER 11, 1989
2577
bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are attached.
With kindest regards, I remain
Sincerely,
Attachment
/s/ Joe Frank Harris
STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334
Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334
May 8, 1989
Dear Speaker Murphy:
I have vetoed House Bills 15, 104, 351, 381, 464, 473, 576 and 896 which were passed by the General Assembly of Georgia at the 1989 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 attached.
With kindest regards, I remain
Sincerely,
Attachment
/s/ Joe Frank Harris
VETO NO. 1--HOUSE BILL 576 BY REPRESENTATIVE COLWELL
This bill in its original form provided that a probationer would be required to serve a period of revocation of his probation in the jail of the county of the original conviction. The bill was amended by adding a provision relating to procedures for determining a chief jailer in a regional jail. A question arose regarding the statewide application of this legislation in light of its amendment, and because of further technical difficulties, the author of the bill requested that I veto House Bill 576.
For these reasons, I vetoed the legislation.
VETO NO. 2--HOUSE BILL 896 BY REPRESENTATIVE PADGETT
This bill set up the procedure for the Consolidated Board to govern the City of Augusta and the County of Richmond. Technical problems were found in this local legislation after its passage, and another bill was passed to correct the technical problems in the original bill. The author of the legislation requested that the original bill be vetoed.
For this reason, I vetoed the legislation.
VETO NO. 3--HOUSE BILL 351 BY REPRESENTATIVE HOLMES
This bill changed the election law so as to provide that certain qualifying petitions, nominating petitions and petitions to qualify political parties would consist of cards con taining certain information. After passage of this bill, it was discovered that problems would arise in implementing the procedures provided for under the legislation. After conferring with the Secretary of State's office, the author of the legislation asked that the bill be vetoed.
For this reason, I vetoed the legislation.
2578
JOURNAL OF THE SENATE
VETO NO. 4--HOUSE BILL 104 BY REPRESENTATIVE REDDING
This bill amended the Merit System Act so as to define the application of the term, "working test employee". Under present law, an employee transferring from one department to another would still be subject to the six-month working test period although he had been an employee with another state agency for a number of years. The purpose of this legislation was to prevent the employing agency from being able to fire the transferring employee dur ing the working test period.
This legislation would have provided that if a transferring employee's work perform ance was found to be unsatisfactory during the working test period, the employee would be allowed to return to a permanent status position in the agency from which the employee transferred, if the position were vacant, or be placed by the new agency in a position in a class in which the employee formerly held permanent status. If no position were available, then the employee would be placed in the next available position and a reduction in force would ensue. The net effect of the legislation could result in an employee, through no fault of his own, losing his job through a reduction in force because another employee had trans ferred into that department without satisfactorily completing the working test period. The practical effect of the legislation would be that interdepartmental transfers would not exist since an agency would not want to take a chance on the transferring employee having an unsatisfactory working test period.
Because I feel this bill would have had a detrimental effect on state employees and on the operation of state business, I vetoed the legislation.
VETO NO. 5--HOUSE BILL 381 BY REPRESENTATIVE MCDONALD
This bill added technical language to the Appropriations Act for the state fiscal year ending June 30, 1989. This language was included in the amended budget which had previ ously been signed thereby, making this bill moot.
For this reason, I vetoed the legislation.
VETO NO. 6--SENATE BILL 235 BY SENATOR ENGLISH
This bill provided for certain definitions with respect to the term, "traumatic brain injury". After passage, technical problems were found with the legislation and another bill was passed which included the proper definition. For this reason, the author of this legisla tion requested that this bill be vetoed.
For this reason, I vetoed the legislation.
VETO NO. 7--HOUSE BILL 473 BY REPRESENTATIVE CHEEKS
This legislation provided that vehicles carrying automobiles could be 65 feet in length as long as the load did not exceed 65 feet. The bill was amended to provide that vehicles transporting live poultry could be 65 feet in length. Both of these would be special exemp tions to the present law. After passage of the legislation, the Georgia Supreme Court issued a decision which said that although a distinction could be made for automobile carriers, no such distinction could be made to allow an exemption for vehicles carrying live poultry. The effect of the decision was to allow all vehicles the same exemption as was given to vehicles carrying live poultry. Therefore, the effect of this bill would have allowed all vehicles to be at least 65 feet in length, as long as the load did not exceed 65 feet.
Since the effect of this bill was changed by the Supreme Court's decision and it was not the purpose of the supporters of this legislation to increase the vehicle length of all trucks, it was agreed that this bill should be vetoed.
For these reasons, I vetoed the legislation.
VETO NO. 8--HOUSE BILL 464 BY REPRESENTATIVE REAVES
This bill would have exempted certain vehicles carrying farm produce from the maxi-
MONDAY, SEPTEMBER 11, 1989
2579
mum length requirements set for all other vehicles. In effect, vehicles carrying agricultural products would have been allowed to be at least 67 \'-i feet long. Because of the Georgia Supreme Court's decision mentioned in the message for Veto No. 7, the effect of this legisla tion would have allowed all vehicles traveling on the highways of this State to be at least 67 >/> feet long.
Because this was not the intent of the General Assembly in passing this legislation, I vetoed this bill.
VETO NO. 9--HOUSE BILL 15 BY REPRESENTATIVE LANE
This bill would have amended the legislation creating the State Boxing Commission to provide that this Commission would be authorized to regulate professional wrestling in this State and be renamed the State Boxing and Wrestling Commission. Due to the number of wrestling matches held in this State on a weekly basis, a number of staff personnel and investigators would be needed to implement the provisions of this legislation; however no funding was provided to implement the provisions of this legislation on July 1, 1989. Addi tionally, certain technical problems were found in the legislation which would have made the implementation of the legislation extremely difficult for the Commission to carry out.
For these reasons, I vetoed the bill.
VETO NO. 10--SENATE BILL 25 BY SENATOR BARNES
This bill would provide that in death penalty cases, during the phase in which the jury is determining whether the defendant is to receive life or the death penalty, the trial judge would be authorized to direct a death sentence for the defendant if at least 10 of the 12 jurors voted to impose the death penalty. Presently, all 12 jurors must agree to impose the death penalty, for the defendant to receive a death sentence. I support capital punishment under the law--without exception--but in the final analysis, I believe that the decision to execute an individual should be made by no less than a unanimous vote of 12 citizens.
For this reason, I vetoed this bill.
On March 14, 1989, the Governor informed the Senate, in a Memo received by the Secretary of the Senate, the following Sections of HB 118, a bill providing for appropria tions for the State Fiscal Year ending June 30, 1989, which he had vetoed, and as appears in the Journal of March 15, 1989:
Section 67 (Page 70):
"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 Net work either directly or indirectly."
Section 71 (Page 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."
On April 18, 1989, the Governor informed the Senate, in a Memo received by the Secre tary of the Senate, the following Sections of HB 145, a bill providing for appropriations for the State Fiscal Year 1989-90, which he had vetoed:
Section 68 (Page 70):
"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,
2580
JOURNAL OF THE SENATE
including but not limited to the Georgia Interactive Statewide Telecommunications Net work either directly or indirectly."
Section 72 (Pages 72 and 73):
"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 of the Senate were introduced, read the first time and referred to committee:
SB 1 EX. By Senator Echols of the 6th: A bill to amend an Act creating a board of commissioners of Pierce County, as amended, so as to change the compensation of the chairman of the board of commissioners of Pierce County; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SB 2 EX. By Senators Deal of the 49th and Foster of the 50th: A bill to amend an Act providing for a supplement to the salary of the district attorney of the Northeastern Judicial Circuit so as to increase the supplement to the district attorney's salary; to provide for an effective date.
Referred to Committee on Urban and County Affairs.
SB 3 EX. By Senators Deal of the 49th and Foster of the 50th: A bill to amend an Act providing for a supplement to the salary of the judges of the Superior Courts of the Northeastern Judicial Circuit so as to increase the supplements to each judge's salary; to provide for an effective date.
Referred to Committee on Urban and County Affairs.
SB 4 EX. By Senator Phillips of the 9th: A bill to amend an Act providing for a new charter for the City of Berkeley Lake so as to change the time of election and the terms of office of the mayor and councilmembers; to change the method of election of the mayor; to pro vide that compensation of elected officials be determined by the council.
Referred to Committee on Urban and County Affairs.
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 resolu tions of the House:
HR 1 EX. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th: A resolution to notify the Senate that the House of Representatives has convened.
MONDAY, SEPTEMBER 11, 1989
2581
HR 2. EX. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th: A resolution 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 Barnett of the 10th, Oliver of the 53rd, Dunn of the 73rd, McKinney of the 40th, Parrish of the 109th, Thompson of the 20th and Thurmond of the 67th.
The following resolution of the House was read and adopted:
HR 2 EX. 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 President has appointed as a Committee of Notification on the part of the Senate the following:
Senators McKenzie of the 14th, Johnson of the 47th, Baldwin of the 29th, Egan of the 40th, Phillips of the 9th, Huggins of the 53rd and Brannon of the 51st.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 10:40 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.
2582
JOURNAL OF THE SENATE
Senate Chamber, Atlanta, Georgia Tuesday, September 12, 1989 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.
The President called for the morning roll call, and the following Senators answered to their names:
Albert Allgood Baldwin Barker Barnes
Bwen
PB.urton Coleman Qollins Dawkins Deai Dean Echols Edge Egan English
Engram Fincher Foster Fuller Garner
Gillis Hammill
H,,Hoarwriasrd, " uu^ins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead
Parker Peevy Perry Phillips Pollard
Ragan of 10th Ragan of 32nd 0RScaoytt of,. ,,2nd, fcott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger Walker
Not answering was Senator Tate.
Honorable Nathan Dean, Senator of the 31st District, served as chaplain of the day and offered scripture reading and prayer.
Senator Huggins of the 53rd 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 resolution of the Senate was introduced, read the first time and referred to committee:
SR 3 EX. By Senators Dean of the 31st, Allgood of the 22nd, Kennedy of the 4th and others:
A resolution amending the Rules of the Senate. Referred to Committee on Rules.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 2:00 o'clock P.M. tomorrow, and the motion prevailed.
At 10:15 o'clock A.M., the President announced the Senate adjourned until 2:00 o'clock P.M. tomorrow.
WEDNESDAY, SEPTEMBER 13, 1989
2583
Senate Chamber, Atlanta, Georgia Wednesday, September 13, 1989 Third Legislative Day
The Senate met pursuant to adjournment at 2:00 o'clock P.M. today and was called to order by the President.
The President called for the roll call, and the following Senators answered to their names:
Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan
English Engram Fincher Foster Fuller Garner Gillis Hammill Howard Muggins Johnson Kennedy Kidd Land Langford McKenzie Newbill
Those not answering were Senators:
Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger
Harris (excused) Phillips
Timmons
Walker
Honorable Arthur Langford, Jr., Senator of the 35th District, served as chaplain of the day and offered scripture reading and prayer.
Senator Olmstead of the 26th moved that Senator Harris of the 27th be excused from all proceedings in the Senate today in order that he might attend his aunt's funeral.
On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Harris of the 27th was excused from all proceedings in the Senate today.
Senator Huggins of the 53rd 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.
2584
JOURNAL OF THE SENATE
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 3 EX. By Representative Floyd of the 135th: A bill to provide a new charter for the Town of Dooling.
HB 4 EX. By Representative Holland of the 136th: A bill to amend an Act establishing a State Court of Worth County, so as to change the salary of the solicitor of said court.
HB 6 EX. By Representatives Alien of the 127th, Pannell of the 122nd, Mueller of the 126th, Johnson of the 123rd, Dixon of the 128th 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 the clerk of probate court.
HB 7 EX. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to authorize the creation and funding of an enhanced emergency tele phone number 911 system special district within the corporate boundaries of Douglas County; to provide a short title.
HB 8 EX. By Representatives Tolbert of the 58th, Richardson of the 52nd, Lawrence of the 49th, Williams of the 48th, Linder of the 44th and others: A bill to amend an Act creating a new charter and a municipal government for the City of Stone Mountain, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen.
HB 9 EX. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th: A bill to amend an Act creating a board of commissioners for Hall County, so as to change certain expense allowances for members of said board.
HB 10 EX. By Representatives Robinson of the 96th, Buck of the 95th, Bishop of the 94th, Steele of the 97th, Smyre of the 92nd and others: A bill to amend an Act providing a charter for the county-wide government of Columbus, Georgia, so as to provide for the compensation of the mayor pro tern.
HB 1 EX. By Representatives Smyre of the 92nd, Murphy of the 18th, Coleman of the 118th, Hooks of the 116th, Lawson of the 9th and others: A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to the computation of Georgia taxable net income, so as to revoke the exclusion from state income taxation for certain income received from certain public pension or retirement funds or systems; to provide for the exclusion of certain retirement and other income from state income taxation.
WEDNESDAY, SEPTEMBER 13, 1989
2585
The House has adopted the following resolution of the House:
HR 5 EX. By Representatives Poston of the 2nd, McCoy of the 1st, Snow of the 1st and Murphy of the 18th: A resolution commemorating the centennial of Chickamauga and Chattanooga National Military Park.
The following bills of the House were read the first time and referred to committees:
HB 3 EX. By Representative Floyd of the 154th: A bill to provide a new charter for the Town of Dooling.
Referred to Committee on Urban and County Affairs.
HB 4 EX. By Representative Holland of the 136th: A bill to amend an Act establishing a State Court of Worth County, so as to change the salary of the solicitor of said court.
Referred to Committee on Urban and County Affairs.
HB 6 EX. By Representatives Alien of the 127th, Pannell of the 122nd, Mueller of the 126th, Johnson of the 123rd 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 the clerk of probate court.
Referred to Committee on Urban and County Affairs.
HB 7 EX. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to authorize the creation and funding of an enhanced emergency tele phone number 911 system special district within the corporate boundaries of Douglas County; to provide a short title.
Referred to Committee on Urban and County Affairs.
HB 8 EX. By Representatives Tolbert of the 58th, Richardson of the 52nd, Lawrence of the 49th, Williams of the 48th and others: A bill to amend an Act creating a new charter and a municipal government for the City of Stone Mountain, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen.
Referred to Committee on Urban and County Affairs.
HB 9 EX. By Representatives Lawson of the 9th, Orr of the 9th and Jackson of the 9th: A bill to amend an Act creating a board of commissioners for Hall County, so as to change certain expense allowances for members of said board.
Referred to Committee on Urban and County Affairs.
HB 10 EX. By Representatives Robinson of the 96th, Buck of the 95th, Bishop of the 94th, Steele of the 97th and others: A bill to amend an Act providing a charter for the county-wide government of Columbus, Georgia, so as to provide for the compensation of the mayor pro tern.
Referred to Committee on Urban and County Affairs.
2586
JOURNAL OF THE SENATE
HB 1 EX. By Representatives Smyre of the 92nd, Murphy of the 18th, Coleman of the 118th, Hooks of the 116th, Lawson of the 9th and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to the computation of Georgia taxable net income, so as to revoke the exclusion from state income taxation for certain income received from certain public pension or retirement funds or systems; to provide for the exclusion of certain retirement and other income from state income taxation.
Referred to Committee on Banking and Finance.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Rules has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 3 EX. 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 bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 1 EX. Do pass.
SB 3 EX. Do pass.
SB 2 EX. Do pass.
SB 4 EX. Do pass.
Respectfully submitted,
Senator Harris of the 27th District, Chairman
The following local, uncontested bills of the Senate, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Wednesday, September 13, 1989
THIRD LEGISLATIVE DAY (Special Session)
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 1 EX Echols, 6th Pierce County
To amend an Act creating a board of commissioners of Pierce County so as to change the compensation of the chairman of the board of commissioners.
SB 2 EX Deal, 49th Foster, 50th Northeastern Judicial Circuit
To amend an Act providing for a supplement to the salary of the district attorney of the Northeastern Judicial Circuit so as to increase the supple ment to the district attorney's salary.
WEDNESDAY, SEPTEMBER 13, 1989
2587
SB 3 EX Deal, 49th Foster, 50th Northeastern Judicial Circuit
To amend an Act providing for a supplement to the salary of the judges of the Superior Courts of the Northeastern Judicial Circuit so as to increase the supplements to each judge's salary.
SB 4 EX Phillips, 9th Berkeley Lake Gwinnett County
To amend an Act providing for a new charter for the City of Berkeley Lake so as to change the time of election and the terms of office of the mayor and council members; to change the method of election of the mayor; to provide that compensation of elected officials be determined by the council.
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
, CCloalyeman Collins Dawkins
Deal Dean Echols Edge Egan
Engram Fincher Foster Fuller Garner Gillis Hammill "oward
"u, ggms JKoehnnnseodny Kidd Land
Langford McKenzie Newbill Olmstead Parker
Peevy Perry Phillips Pollard Ragan of I0th Ragan of 32nd ^ Scott of 2nd
Scott of 36th S_ humake Starr Stumbaugh
Tate Taylor Turner Tysinger Walker
Those not voting were Senators:
English
Harris (excused)
Timmons
On the passage of all the local bills, the yeas were 53, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.
The following resolution of the Senate, favorably reported by the committee, was read and put upon its adoption:
SR 3 EX. By Senators Dean of the 31st, Allgood of the 22nd, Kennedy of the 4th and others:
2588
JOURNAL OF THE SENATE
A RESOLUTION
Amending the Rules of the Senate; and for other purposes.
BE IT RESOLVED BY THE SENATE that Senate Rule 189 is hereby amended by striking the Rule in its entirety and inserting in lieu thereof a new Rule 189 to read as follows:
"Rule 189. No member of the Senate or Senate staff shall engage in any travel at State expense outside the State of Georgia unless such travel is first approved in writing by the Senate Administrative Affairs Committee. The person requesting such approval shall state in writing the places to be visited, the dates thereof and the purposes therefor, which pur poses shall be directly relevant to legislative duties.
Prior to any disbursement by the Legislative Fiscal Officer, there shall be on file with said Fiscal Officer a copy of the approval by the Senate Administrative Affairs Committee, and the person requesting reimbursement shall submit an itemized listing of all expenses claimed hereunder."
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the yeas were 43, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 2:20 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.
THURSDAY, SEPTEMBER 14, 1989
2589
Senate Chamber, Atlanta, Georgia Thursday, September 14, 1989 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.
The President called for the morning roll call, and the following Senators answered to their names:
Baldwin Barnes Brannon Brou" B urton
pj , Dean Edge Egan English Engram Fincher Foster
Fuller Garner Gillis
Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Parker
Peevy Perry Phillips
Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Tysinger
Those not answering were Senators:
Albert Allgood
Barker Bowen
Dawkins Echols Langford
Ragan of 10th Turner Walker
Honorable J. Nathan Deal, Senator of the 49th District, served as chaplain of the day and offered scripture reading and prayer.
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 report of a standing committee was read by the Secretary:
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 1 EX. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman
2590
JOURNAL OF THE SENATE
The following bill of the House was read the second time:
HB 1 EX. By Representatives Smyre of the 92nd, Murphy of the 18th, Coleman of the 118th, Hooks of the 116th, Lawson of the 9th and others: A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to the computation of Georgia taxable net income, so as to revoke the exclusion from state income taxation for certain income received from certain public pension or retirement funds or systems; to provide for the exclusion of certain retirement and other income from state income taxation.
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 10:26 o'clock A.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.
FRIDAY, SEPTEMBER 15, 1989
2591
Senate Chamber, Atlanta, Georgia Friday, September 15, 1989 Fifth Legislative Day
The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
The President called for the morning roll call, and the following Senators answered to their names:
Albert Allgood Baldwin Barker Barnes
Bwen Broun Clay /CC-i oolilleimnsan Dawkins Deal Dean Edge Egan English
Fincher Foster Fuller Gillis Hammill
Harris Howard Huggins JKioteh.nnnseodny Kidd Land McKenzie Newbill Olmstead Parker
Peevy Perry Phillips Pollard Ragan of loth
Ragan of 32nd D
<,
,
OS_CcOoLtLt OoIf, 36th,
Shumake
Starr
Stumbaugh
Timmons
Turner
Tysinger
Those not answering were Senators:
Brannon Burton Echols
Engram Garner Langford
Tate Taylor Walker
Senator Scott of the 2nd introduced the chaplain of the day, Reverend James Cantrell, pastor of the Second African Baptist Church, Savannah, Georgia, who offered scripture reading and prayer.
Senator Huggins of the 53rd 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 report of a standing committee was read by the Secretary:
Mr. President:
The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 3 EX. HB 4 EX. HB 7 EX.
Do pass. Do pass. Do pass by substitute.
HB 8 EX. HB 9 EX. HB 10 EX.
Do pass. Do pass. Do pass.
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JOURNAL OF THE SENATE
Respectfully submitted,
Senator Harris of the 27th District, Chairman
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Friday, September 15, 1989
FIFTH LEGISLATIVE DAY (Special Session)
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 3 EX Bowen, 13th Town of Dooling Dooly County To provide a new charter for the Town of Dooling.
HB 4 EX Bowen, 13th Worth County To amend an Act establishing a State Court of Worth County, so as to change the salary of the solicitor of said court.
*HB 7 EX Garner, 30th Engram, 34th Douglas County To authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Doug las County. (SUBSTITUTE)
HB 8 EX Burton, 5th Stumbaugh, 55th Howard, 42nd Tysinger, 41st Walker, 43rd City of Stone Mountain DeKalb County To amend an Act creating a new charter and a municipal government for the City of Stone Mountain, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen.
HB 9 EX Deal, 49th Hall County Creating a board of commissioners for Hall County, so as to change certain expense allowances for members of said board.
HB 10 EX Parker, 15th Land, 16th City of Columbus Muscogee County To amend an Act providing a charter for the county-wide government of Co lumbus, Georgia, so as to provide for the compensation of the mayor pro tern.
FRIDAY, SEPTEMBER 15, 1989
2593
The substitute to the following bill was put upon its adoption:
HB 7 EX:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 7 EX:
A BILL
To be entitled an Act to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Douglas County; to provide a short title; to provide for definitions; to provide for the district's gov erning authority; to provide for the collection of service charges; to provide for the purpose of the district; to provide for the membership and appointment of an advisory board and for its duties; to provide for revenues of the district; to authorize the issuance of district debt; to provide for the status of district employees and assets; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Short title. This Act shall be known and may be cited as the "Douglas County Emergency Communications Service District Act."
Section 2. Definitions. As used in this Act, the following words and terms shall have the following meanings:
(1) "District" means the corporate boundaries, including its municipalities, of Douglas County, Georgia, providing an enhanced emergency telephone number 911 system.
(2) "Enhanced emergency telephone number 911 system" means emergency "911" ser vice that provides the telephone number and the location of the calling party to the public safety answering point.
(3) "Exchange access facilities" means the access from a particular telephone sub scriber's premise to the telephone system of a service supplier. Exchange access facilities include service supplier provided access lines, PBX trunks, and centrex network access reg isters, all as defined by tariffs of telephone companies as approved by the Georgia Public Service Commission. Exchange access facilities do not include service supplier owned and operated telephone pay station lines, wide area telecommunications service (WATS), foreign exchange (FX), or incoming other lines.
(4) "Governing authority" means the Board of Commissioners of Douglas County.
(5) "Public safety agency" means a functional division of a public agency which pro vides fire-fighting, law enforcement, emergency medical, suicide prevention, civil defense, poison control, or other emergency services.
(6) "Service supplier" means any legal entity providing exchange telephone service to any service user in the district.
(7) "Service user" means any legal entity who is provided exchange telephone service in the district.
(8) "Tariff rate" means the rate or rates billed by a service supplier as stated in the service supplier's tariffs and approved by the Public Service Commission that represent the service supplier's recurring charges for exchange access facilities exclusive of all taxes, fees, licenses, or similar charges whatsoever.
Section 3. Establishment and funding of district, (a) The governing authority may es tablish by ordinance an enhanced emergency telephone number 911 system district and levy an emergency telephone service charge in an amount not to exceed the total operating budget of the emergency telephone number 911 system divided by the total number of ex change access facilities within the district. Any district service charge shall have uniform application and shall be imposed throughout the entire district to the greatest extent possi-
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JOURNAL OF THE SENATE
ble in conformity with the availability of such service in any area of the district; and the funds generated by the service charge shall be utilized by the county solely to defray the actual cost of communication equipment and communication personnel hired primarily to operate and maintain the enhanced emergency telephone number 911 system. The gov erning authority may by ordinance amend the service charge rate to an amount adequate to fund the district.
(b) (1) The governing authority may impose the emergency telephone service charge provided for in paragraph (a) in an amount not to exceed $1.50 per month per exchange access facility provided to the service user.
(2) Every billed service user shall be liable for any service charge imposed under this section until it has been paid to the service supplier. The duty of the service supplier to collect any such service charge shall commence upon the date of its implementation which shall be specified in the ordinance enacted by the governing authority. Any such emergency telephone service charge shall be added to, and may be stated separately in, the bill by the service supplier to the service user.
(c) (1) The service supplier shall have no obligation to take any legal action to enforce the collection of any emergency telephone service charge. The service supplier shall provide the governing authority with the name and address of each user who has notified the service supplier in writing of such user's refusal to pay the emergency telephone service charge. The service supplier shall so notify the governing authority within 60 days of receipt of such notice by the user. The service charge shall be collected at the same time as the tariff rate in accordance with the regular billing practice of the service supplier; provided, however, that no such charge shall be levied or collected prior to 30 days following the date the enhanced emergency telephone number 911 system becomes fully operational.
(2) Good faith compliance by the service supplier with this provision shall constitute a complete defense to any legal action or claim which may result from the service supplier's determination of nonpayment or the identification of service users in connection therewith.
(d) (1) The amounts collected by the service supplier attributable to any emergency telephone service charge shall be due quarterly to the district. The amount of service charge collected in one calendar quarter by the service supplier shall be remitted to the district no later than 60 days after the close of a calendar quarter. Said amounts shall be deposited and accounted for in a separate special revenue fund maintained by the governing authority.
(2) On or before the sixtieth day after the close of a calendar quarter, a return, in such form as may be mutually agreed to by the governing authority and the service supplier, shall be filed with the governing authority, together with a remittance of the amount of service charge collected payable to the district.
(3) The service supplier shall maintain records of the amount of the service charge col lected for a period of at least three years from date of collection. The governing authority may, at its expense, require an annual audit of the supplier's books and records with respect to the collection and remittance of the service charge.
(4) The service supplier shall be entitled to retain as an administrative fee an amount equal to 3 percent of the gross receipts to be remitted to the district.
(e) In order to provide additional funding for the district, the governing authority may receive federal, state, municipal, or private funds which shall be expended for the purposes of this Act.
(f) The emergency telephone service charge is not subject to state and local tax.
(g) The charge does not apply to exchange access facilities provided to federal, state, and local governments.
Section 4. Purpose. The purpose of the district is to plan, acquire, construct, add to, extend, improve, equip, operate, and maintain an enhanced emergency telephone number 911 system to support the district public safety agencies in the provision of emergency ser-
FRIDAY, SEPTEMBER 15, 1989
2595
vices and law enforcement services, resulting in the saving of life, a reduction in the destruc tion of property, quicker apprehension of criminals, and ultimately the saving of moneys.
Section 5. Advisory board, (a) In order to assist the governing authority in implement ing and managing the district, an advisory board to be known as the Douglasville-Douglas County Emergency Communications Advisory Board shall be created and comprised of eight members as follows:
(1) A member of the Board of Commissioners of Douglas County, Georgia, to be named to a three-year term by such board, the initial such term to commence upon such member's appointment and terminate on December 31, 1991;
(2) The mayor, or a duly elected member of the city council of the City of Douglasville, Georgia, to be named to a three-year term by the mayor and approved by resolution of the city council, the initial such term to commence upon this member's appointment and ap proval and terminate on December 31, 1990;
(3) The county manager;
(4) The chief of the Douglas County Fire Department or a representative, who shall be a full-time, permanent employee of the Douglas County Fire Department, appointed by the chief of the Douglas County Fire Department;
(5) The chief of the Douglasville Police Department or a representative, who shall be a full-time, permanent employee of the Douglas County Police Department, appointed by the chief of the Douglasville Police Department;
(6) The sheriff of Douglas County or a representative, who shall be a full-time, perma nent employee of the Douglas County Sheriffs Office, appointed by the sheriff of Douglas County;
(7) A private citizen who resides in Douglas County and who is elected to a two-year term by the Emergency Communications Advisory Board at the last regularly scheduled meeting of each odd-numbered year and whose two-year term commences January 1 of the following even-numbered year, the first such term to commence upon the member's election and terminate on December 31, 1991; and
(8) A private citizen who resides in the City of Douglasville and who is elected to a twoyear term by the Emergency Communications Advisory Board at the last regularly sched uled meeting of each even-numbered year and whose two-year term commences January 1 of the following odd-numbered year, the first such term to commence upon the member's election and terminate on December 31, 1990.
(b) The advisory board shall assist the governing authority in:
(1) Reviewing and analyzing the progress by public safety agencies in developing en hanced 911 system requirements;
(2) Recommending steps of action to effect the necessary coordination, regulation, and development of an enhanced 911 system;
(3) Identifying mutual aid agreements necessary to effect the enhanced 911 system;
(4) Assisting in the promulgation of necessary rules, regulations, operating procedures, schedules, and other such policy and administrative devices as shall be deemed necessary and appropriate;
(5) Providing other services as may be deemed appropriate by the governing authority.
Section 6. Status of district employees and assets. All district employees, operations, and assets shall be in accordance with the governing authority's rules and regulations.
Section 7. Effect of partial invalidity of Act. The provisions of this Act are severable and if any of its provisions shall be held unconstitutional by any court of competent juris diction, the decision of such court shall not affect or impair any of the remaining provisions.
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JOURNAL OF THE SENATE
Section 8. Effective date. This Act shall become effective upon its approval by the Gov ernor or upon its becoming law without such approval.
Section 9. General repealer. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 53, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of all the bills as reported, was agreed to.
On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:
Albert Allgood Baldwin Barker Barnes Bowen Brannon
CCloalylins Dawkins Deal Dean Echols Edge Egan English
Engram Fincher Foster Garner Gillis Hammill Harris Hward
Hu. gglns JKoehnnnseodny Kidd Land Langford McKenzie Newbill Olmstead Parker
Peevy Perry Phillips Pollard Ragan of I0th Ragan of 32nd p Scott of 2nd
Scott of 36th S0 humake Starr Stumbaugh Taylor Timmons Turner Tysinger Walker
Those not voting were Senators:
Coleman
Fuller
Tate
On the passage of all the local bills, the yeas were 53, nays 0.
All the bills on the Senate Local Consent Calendar, except HB 7 EX, having received the requisite constitutional majority, were passed.
HB 7 EX, having received the requisite constitutional majority, was passed by substitute.
The following resolutions of the Senate and House were read and adopted:
SR 4 EX. By Senator Barker of the 18th: A resolution honoring the Reverend Clyde Johns.
HR 5 EX. By Representatives Poston of the 2nd, McCoy of the 1st, Snow of the 1st and Murphy of the 18th:
A resolution commemorating the centennial of Chickamauga and Chattanooga National Military Park.
FRIDAY, SEPTEMBER 15, 1989
2597
Lieutenant Governor Miller introduced the doctor of the day, Dr. Sam Atkins, of At lanta, Georgia.
SENATE CALENDAR Friday, September 15, 1989 FIFTH LEGISLATIVE DAY HB 1 EX Certain Retirement Income--revoke income tax exclusion (B&F--8th)
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1 EX. By Representatives Smyre of the 92nd, Murphy of the 18th, Coleman of the 118th, Hooks of the 116th, Lawson of the 9th and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to the computation of Georgia taxable net income, so as to revoke the exclusion from state income taxation for certain income received from certain public pension or retirement funds or systems; to provide for the exclusion of certain retirement and other income from state income taxation.
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 Terry L. Coleman, Chairman
House Ways and Means Committee
FROM:
G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget
DATE:
September 11, 1989
SUBJECT: Fiscal Note--House Bill 1 EX (LC 14 5344EC) Income Tax--Retirement Income Exclusion
This bill would remove from the income tax law the exclusion from state income taxa tion income received from all specified Georgia retirement systems and would also delete the $4,000 income exclusion for individuals that are 62 years of age or older or disabled. The bill would add income tax exclusions for income received from any public pensions or retire ment funds, programs or systems for which the income is exempted by federal law or treaty, and for retirement income otherwise included in Georgia taxable net income not to exceed $8,000 (1989) and $10,000 (1990 and after) for individuals 62 years of age or older or dis abled (which could include up to $4,000 of earned income). Spouses filing jointly would be entitled to twice the individual exclusion amount. In addition the bill specifies that the tax liabilities of prior years would not be affected by this bill. If enacted, this bill would become effective upon approval by the Governor or upon becoming law without such approval and would apply to tax years beginning on or after January 1, 1989.
This bill would result in a state revenue loss of approximately $12 million of 1989 tax revenues and approximately $19 million of 1990 tax revenues.
/s/ G. W. Hogan State Auditor
/s/ C. T. Stevens, Director Office of Planning and Budget
2598
JOURNAL OF THE SENATE
Senators Kidd of the 25th and Barker of the 18th offered the following amendment:
Amend HB 1 EX by striking from line 32 on page 4 the following: "62",
and inserting in lieu thereof the following: "55".
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: FROM:
The Honorable Culver Kidd State Senator
G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget
DATE:
September 14, 1989
SUBJECT: Fiscal Note--Amendment (AM 10 0004 EX) to House Bill 1 EX (LC 14 5344EC) Income Tax--Retirement Income Exclusion
As amended, this bill would remove from the income tax law the exclusion from state income taxation income received from all specified Georgia retirement systems and would also delete the $4,000 income exclusion for individuals that are 62 years of age or older or disabled. The bill would add income tax exclusions for income received from any public pensions or retirement funds, programs or systems for which the income is exempted by federal law or treaty, and for retirement income otherwise included in Georgia taxable net income not to exceed $8,000 (1989) and $10,000 (1990 and after) for individuals 55 years of age or older or disabled (which could include up to $4,000 of earned income). Spouses filing jointly would be entitled to twice the individual exclusion amount. In addition the bill speci fies that the tax liabilities of prior years would not be affected by this bill. If enacted, this bill would become effective upon approval by the Governor or upon becoming law without such approval and would apply to tax years beginning on or after January 1, 1989.
This amended bill would result in a state revenue loss of approximately $25 million of 1989 tax revenues and approximately $34 million of 1990 tax revenues. This estimate as sumes that no other amendments are made to the original bill.
/s/ G. W. Hogan State Auditor
/s/ C. T. Stevens, Director Office of Planning and Budget
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Albert Barker ^ arnes BCluaryton
Collins
Edge
Hammill Howard Kidd NOelmwsbtiellad
Parker
Peevy
Phillips Ragan of 32nd Scott Qf 2nd S0h, umak, e
Stumbaugh
Tate
FRIDAY, SEPTEMBER 15, 1989
2599
Those voting in the negative were Senators:
Allgood Baldwin Bowen Brannon ?/?un Coleman Dawkins Deal
Dean
Echols
Egan English
Engram Fincher Foster Fuller garner Gillis Harris Muggins
Johnson
Kennedy
Langford McKenzie
Perry Pollard Ragan of 10th j^ay Scott of 36th ,, f,. Taylor
Timmons
Turner
Tysinger Walker
Not voting was Senator Land.
On the adoption of the amendment, the yeas were 20, nays 35, and the amendment offered by Senators Kidd of the 25th and Barker of the 18th was lost.
Senators Kidd of the 25th and Barker of the 18th offered the following amendment:
Amend HB 1 EX by striking from line 32 on page 4 the following: "62",
and inserting in lieu thereof the following: "60".
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 Culver Kidd
State Senator
FROM:
G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget
DATE:
September 14, 1989
SUBJECT: Fiscal Note--Amendment (AM 10 0003 EX) to House Bill 1 EX (LC 14 5344EC) Income Tax--Retirement Income Exclusion
As amended, this bill would remove from the income tax law the exclusion from state income taxation income received from all specified Georgia retirement systems and would also delete the $4,000 income exclusion for individuals that are 62 years of age or older or disabled. The bill would add income tax exclusions for income received from any public pensions or retirement funds, programs or systems for which the income is exempted by federal law or treaty, and for retirement income otherwise included in Georgia taxable net income not to exceed $8,000 (1989) and $10,000 (1990 and after) for individuals 60 years of age or older or disabled (which could include up to $4,000 of earned income). Spouses filing jointly would be entitled to twice the individual exclusion amount. In addition the bill speci-
2600
JOURNAL OF THE SENATE
fies that the tax liabilities of prior years would not be affected by this bill. If enacted, this bill would become effective upon approval by the Governor or upon becoming law without such approval and would apply to tax years beginning on or after January 1, 1989.
This amended bill would result in a state revenue loss of approximately $17 million of 1989 tax revenues and approximately $25 million of 1990 tax revenues. This estimate as sumes that no other amendments are made to the original bill.
/s/ G. W. Hogan State Auditor
/s/ C. T. Stevens, Director Office of Planning and Budget
Senator Kidd of the 25th asked unanimous consent to withdraw the amendment offered by Senators Kidd of the 25th and Barker of the 18th to HB 1 EX.
The consent was granted, and the amendment offered by Senators Kidd of the 25th and Barker of the 18th to HB 1 EX was withdrawn.
Senators Kidd of the 25th and Barker of the 18th offered the following amendment:
Amend HB 1 EX by striking from line 15 on page 4 the following: "$10,000.00", and inserting in lieu thereof the following: "$15,000.00".
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 Culver Kidd
State Senator
FROM:
G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget
DATE:
September 14, 1989
SUBJECT: Fiscal Note--Amendment (AM 10 0005 EX) to House Bill 1 EX (LC 14 5344EC) Income Tax--Retirement Income Exclusion
As amended, this bill would remove from the income tax law the exclusion from state income taxation income received from all specified Georgia retirement systems and would also delete the $4,000 income exclusion for individuals that are 62 years of age or older or disabled. The bill would add income tax exclusions for income received from any public pensions or retirement funds, programs or systems for which the income is exempted by federal law or treaty, and for retirement income otherwise included in Georgia taxable net income not to exceed $8,000 (1989) and $15,000 (1990 and after) for individuals 62 years of age or older or disabled (which could include up to $4,000 of earned income). Spouses filing jointly would be entitled to twice the individual exclusion amount. In addition the bill speci fies that the tax liabilities of prior years would not be affected by this bill. If enacted, this bill would become effective upon approval by the Governor or upon becoming law without such approval and would apply to tax years beginning on or after January 1, 1989.
This amended bill would result in a state revenue loss of approximately $12 million of
FRIDAY, SEPTEMBER 15, 1989
2601
1989 tax revenues and approximately $31 million of 1990 tax revenues. This estimate as sumes no other amendments are made to the original bill.
/a/ G. W. Hogan State Auditor
/a/ C. T. Stevens Director, Office of Planning and Budget
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Albert Barker Barnes Brannon
Clay
Deal Edge Egan Engram
Fincher Foster Fuller Garner Howard Kidd Land Langford Newbill Olmstead
Parker Peevy Phillips Pollard Ragan of 32nd Scott of 36th Shumake Stumbaugh Tate Tysinger
Those voting in the negative were Senators:
Allgood Baldwin Bowen
Coleman Dawkins
Echols English
Gillis Hammill Harris Huggins Johnson Kennedy McKenzie Perry
Ragan of 10th Ray Scott of 2nd Starr Taylor Timmons Turner Walker
On the adoption of the amendment, the yeas were 31, nays 25, and the amendment offered by Senators Kidd of the 25th and Barker of the 18th was adopted.
Senator Turner of the 8th moved that the Senate reconsider its action in adopting the amendment offered by Senators Kidd of the 25th and Barker of the 18th to HB 1 EX.
On the motion, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Baldwin Bowen Brannon BC,, oro,leumn an Dawkins Dean
Echols
English
Fincher
Fuller Gillis Hammill Harris HIHTuogwgairnds Johnson Kennedy
Langford
McKenzie
Olmstead
Perry Ragan of 10th Ray Scott of 2nd &QS,, ctaor,trtt off ,,36,..t,h
Taylor Timmons
Turner Walker
2602
JOURNAL OF THE SENATE
Those voting in the negative were Senators:
Albert Barker Barnes Burton Clay Collins Deal Edge
Egan Engram Foster Garner Kidd Land Newbill Parker
Peevy Phillips Pollard Ragan of 32nd Shumake Stumbaugh Tate Tysinger
On the motion, the yeas were 32, nays 24; the motion prevailed, and the amendment offered by Senators Kidd of the 25th and Barker of the 18th to HB 1 EX was reconsidered.
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Albert Barker Barnes BCC,,,loualryltionns
Deal
Engram Foster Garner H,KL,.aoidnw, dd,ard
Newbill
Edge
Olmstead
Egan
Parker
Peevy Phillips Pollard tSK,,,,haugmanak,oerf 3Q20 ndA
Stumbaugh
Tate Tysinger
Those voting in the negative were Senators:
Allgood Baldwin Bowen Brannon Broun Coleman Dawkins Dean Echols English
Fincher Fuller Gillis Hammill Harris Huggins Johnson Kennedy Langford McKenzie
Perry Ragan of 10th Ray Scott of 2nd Scott of 36th Starr Taylor Timmons Turner Walker
On the adoption of the amendment, the yeas were 26, nays 30, and the amendment offered by Senators Kidd of the 25th and Barker of the 18th to HB 1 EX was lost.
Senator Land of the 16th offered the following amendment:
Amend HB 1 EX by striking "and" from line 12 of page 4.
By striking the period from line 16 of page 4 and inserting in its place the following: "; and".
By inserting between lines 16 and 17 of page 4 the following:
"(iii) (I) For taxable years beginning in calendar year 1991 and future calendar years, the exclusion amount shall be annually adjusted by the commissioner by the same percent age as the previous year's increase or decrease in a Georgia Cost-of-living Index.
(II) The Georgia Cost-of-living Index shall be calculated by the director of the Office of Planning and Budget, such that an index figure of 100 represents the cost to a typical Geor gia taxpayer of goods and services purchased by the taxpayer in calendar year 1989; and the
FRIDAY, SEPTEMBER 15, 1989
2603
index figure shall be annually adjusted to reflect a percentage change equal to the increase or decrease in the cost of such goods and services purchased by such typical taxpayer in each subsequent year.
(Ill) In calculating the Georgia Cost-of-living Index, the director of the Office of Plan ning and Budget may, but shall not be required to, make use of any consumer price index or similar index prepared by the federal government if the director of the Office of Planning and Budget finds that such index reflects with reasonable accuracy annual change in the cost of goods and services purchased by a typical Georgia individual income taxpayer."
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 Ted Land
State Senator
FROM:
G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget
DATE:
September 13, 1989
SUBJECT: Fiscal Note--Amendment (AM 18 0002) to House Bill 1 EX (LC 14 5344EC) Income Tax--Retirement Income Exclusion
As amended, this bill would remove from the income tax law the exclusion from state income taxation income received from all specified Georgia retirement systems and would also delete the $4,000 income exclusion for individuals that are 62 years of age or older or disabled. The bill would add income tax exclusions for income received from any public pensions or retirement funds, programs or systems for which the income is exempted by federal law or treaty, and for retirement income otherwise included in Georgia taxable net income not to exceed $8,000 (1989), $10,000 (1990) and would be annually adjusted based on increases or decreases in a Georgia Cost-of-living Index for later years. The exclusion would be available to individuals 62 years of age or older or disabled and could include up to $4,000 of earned income. Spouses filing jointly would be entitled to twice the individual exclusion amount. In addition the bill specifies that the tax liabilities of prior years would not be affected by this bill. If enacted, this bill would become effective upon approval by the Governor or upon becoming law without such approval and would apply to tax years begin ning on or after January 1, 1989.
This amended bill would result in a net state revenue loss of approximately $12 million of 1989 tax revenues and approximately $19 million of 1990 tax revenues.
/s/ G. W. Hogan State Auditor
/s/ C. T. Stevens Director, Office of Planning and Budget
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Albert B arker Burton Qlay Collins
Edge Egan Kidd Land
Newbill Phillips Ragan of 32nd Tysinger
2604
JOURNAL OF THE SENATE
Those voting in the negative were Senators:
Allgood Baldwin Barnes Bowen Brannon Broun Coleman Dawkins Deal Dean Echols English Engram Fincher
Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Langford McKenzie Olmstead Parker
Peevy Perry Pollard Ragan of 10th Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Walker
Not voting was Senator Scott of the 2nd.
On the adoption of the amendment, the yeas were 13, nays 42, and the amendment offered by Senator Land of the 16th was lost.
Senator Edge of the 28th offered the following substitute to HB 1 EX:
A BILL
To be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income, so as to revoke the exclusion from state income taxation for certain income received from certain public pen sion or retirement funds or systems; to provide for the exclusion of certain retirement and other income from state income taxation; to provide for conditions of eligibility; to provide for definitions; to provide for certain underpayments or deficiencies with respect to certain estimated income tax returns; to provide for related matters; to provide for an effective date and applicability; to provide for certain liabilities for prior taxable years; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income, is amended by striking paragraphs (4) and (5) of subsection (a) which read as follows:
"(4) (A) Income received from the following, and only the following, public pension or retirement funds or systems when the income is otherwise included in the taxpayer's federal adjusted gross income:
(i) Employees' Retirement System of Georgia;
(ii) Georgia Firemen's Pension Fund and all local firemen's pension funds;
(iii) Peace Officers' Annuity and Benefit Fund;
(iv) Trial Judges and Solicitors Retirement Fund;
(v) Superior Court Clerks' Retirement Fund of Georgia;
(vi) Public School Employees Retirement System;
(vii) Georgia Legislative Retirement System;
(viii) Teachers Retirement System of Georgia and all local teachers' retirement systems;
FRIDAY, SEPTEMBER 15, 1989
2605
(ix) Teachers' retirement systems or funds of states having a reciprocal agreement with this state to exempt income from the Teachers Retirement System of Georgia from taxation;
(x) Funds, programs, or systems the income from which is exempted by federal law or treaty;
(xi) Superior Court Judges Retirement System; and
(xii) District Attorneys' Retirement System.
(B) It is the intent of the General Assembly that no income from a public pension or retirement fund, program, or system shall be exempt from income taxation in this state unless the exemption is provided for in this paragraph or unless the law granting the exemp tion makes specific reference to this paragraph;
(5) (A) Retirement income not to exceed $4,000.00 per year received from any source. This paragraph shall not apply to or affect retirement income which is already wholly ex empt from income taxation because it is received from a public pension or retirement fund or system listed in subparagraph (A) of paragraph (4) of this subsection. A taxpayer shall be eligible for the $4,000.00 exclusion granted by this paragraph only if he:
(i) Is 62 years of age or older during any part of the taxable year; or
(ii) Is permanently and totally disabled in that he has a medically demonstrable disabil ity which is permanent and which renders him incapable of performing any gainful occupa tion within his competence.
(B) The commissioner shall by regulation require proof of the eligibility of the taxpayer for the exclusion allowed by this paragraph;",
and inserting in their places new paragraphs (4) and (5) to describe exclusions from Georgia taxable net income and to read as follows:
"(4) (A) Income received from public pension or retirement funds, programs, or systems the income from which is exempted by federal law or treaty when the income is otherwise included in the taxpayer's federal adjusted gross income.
(B) Except as specifically provided in subparagraph (A) of this paragraph, paragraph (5) of this subsection, and paragraph (7) of this subsection, for taxable years beginning on or after January 1, 1989, no income from a public pension or retirement fund, program, or system (including those pension or retirement funds, programs, or systems provided for in Title 47) shall be exempt from income taxation in this state, notwithstanding any provision of Title 47 or any other provision of law to the contrary;
(5) (A) Retirement income otherwise included in Georgia taxable net income not to exceed the exclusion amount as follows:
If Federal Adjusted Gross Income Is:
The Exclusion Amount Is:
Not over $25,000.00 ........................... Total exclusion of retirement income from Georgia taxable net income
Over $25,000.00 but not over $35,000.00 ........
$10,000.00
Over $35,000.00 but not over $45,000.00 ........
$8,000.00
Over $45,000.00 but not over $55,000.00
...
$6,000.00
Over $55,000.00 but not over $65,000.00 .....
$4,000.00
Over $65,000.00 .............................. No exclusion of retirement income from Georgia taxable net income
(B) In the case of a married couple filing jointly, each spouse shall if otherwise qualified be individually entitled to exclude retirement income received by that spouse up to the
2606
JOURNAL OF THE SENATE
exclusion amount, so that the total amount excluded on such joint return may if otherwise allowable be up to twice the individual exclusion amount.
(C) The exclusion provided for in this paragraph shall not apply to or affect and shall be in addition to those adjustments to net income provided for under any other paragraph of this subsection.
(D) A taxpayer shall be eligible for the exclusion granted by this paragraph only if the taxpayer:
(i) Is 55 years of age or older during any part of the taxable year; or
(ii) Is permanently and totally disabled in that the taxpayer has a medically demonstra ble disability which is permanent and which renders the taxpayer incapable of performing any gainful occupation within the taxpayer's competence.
(E) For the purposes of this paragraph, retirement income shall include but not be limited to interest income, dividend income, net income from rental property, capital gains income, income from royalties, income from pensions and annuities, and no more than $4,000.00 of an individual's earned income. Earned income in excess of $4,000.00, including but not limited to net business income earned by an individual from any trade or business carried on by such individual, wages, salaries, tips, and other employer compensation, shall not be regarded as retirement income. The receipt of earned income shall not diminish any taxpayer's eligibility for the retirement income exclusion allowed by this paragraph except to the extent of the express limitation provided in this subparagraph.
(F) The commissioner shall by regulation require proof of the eligibility of the taxpayer for the exclusion allowed by this paragraph.
(G) The commissioner shall by regulation provide that for taxable years beginning on or after January 1, 1989, and ending before October 1, 1990, penalty and interest may be waived or reduced for any taxpayer whose estimated tax payments and tax withholdings are less than 70 percent of such taxpayer's Georgia income tax liability if the commissioner determines that such underpayment or deficiency is due to an increase in net taxable in come attributable directly to amendments to this paragraph or paragraph (4) of this subsec tion enacted at the 1989 special session of the General Assembly and not due to willful neglect or fraud;"
Section 2. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to taxable years beginning on or after January 1, 1989.
(b) Tax, penalty, and interest liabilities for taxable years beginning prior to January 1, 1989, shall not be affected by the passage of this Act and shall continue to be governed by the provisions of Code Section 48-7-27 of the Official Code of Georgia Annotated as it ex isted immediately prior to the effective date of this Act.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following Fiscal Note, as required by law, was read by the Secretary:
Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334-8400
MEMORANDUM
TO:
The Honorable Arthur B. Edge, IV
State Senator
FROM:
G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget
FRIDAY, SEPTEMBER 15, 1989
2607
DATE:
September 14, 1989
SUBJECT: Fiscal Note--House Bill 1 EX Substitute (LC 18 3348S) Income Tax--Retirement Income Exclusion
This substitute bill would remove from the income tax law the exclusion from state in come taxation income received from all specified Georgia retirement systems and would also delete the $4,000 income exclusion for individuals that are 62 years of age or older or dis abled. The bill would have income tax exclusions for income received from any public pen sions or retirement funds, programs or systems for which the income is exempted by federal law or treaty, and for retirement income otherwise included in the taxpayer's Georgia taxa ble net income not to exceed the amounts shown in the following table:
Federal Adjusted Income
Exclusion Amount
$0 to $25,000 over $25,000 to $35,000 over $35,000 to $45,000 over $45,000 to $55,000 over $55,000 to $65,000 over $65,000
Total Exclusion $10,000 $ 8,000 $ 6,000 $ 4,000
No exclusion
These exclusions would apply to individuals 55 years of age or older or disabled and could include up to $4,000 of earned income. Spouses filing jointly would be entitled to twice the individual exclusion amount. In addition the bill specifies that the tax liabilities of prior years would not be affected by this bill. If enacted, this bill would become effective upon approval by the Governor or upon becoming law without such approval and would
apply to tax years beginning on or after January 1, 1989.
This bill would result in a state net revenue loss of approximately $31 million of 1989 tax revenues and approximately $34 million of 1990 tax revenues.
/s/ G. W. Hogan State Auditor
/s/ C. T. Stevens Director, Office of Planning and Budget
On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Albert Barker Barnes Burton Clay Collins Edge
Egan Engram Garner Kidd Land Newbill
Parker Peevy Phillips Ragan of 32nd Stumbaugh Tysinger
Those voting in the negative were Senators:
Allgood Baldwin Bowen Brannon Broun Coleman Dawkins Deal Dean Echols English
Fincher Foster Fuller Gillis Hammill Harris Huggins Johnson Kennedy Langford McKenzie
Olmstead Perry Pollard Ragan of 10th Ray Scott of 36th Shumake Starr Tate Taylor Timmons
2608
JOURNAL OF THE SENATE
Turner
Walker
Not voting were Senators Howard and Scott of the 2nd.
On the adoption of the substitute, the yeas were 19, nays 35, and the substitute offered to HB 1 EX by Senator Edge of the 28th was lost.
Senator Newbill of the 56th offered the following substitute to HB 1 EX:
A BILL
To be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income, so as to provide for an exclusion from state income taxation for certain income received from federal pension or retirement funds or systems; to provide for related matters; to provide for an effective date and applicability; to provide for certain liabilities for prior taxable years; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income, is amended in subsection (a) by striking "and" at the end of division (4)(A)(xi), by striking the period at the end of division (4)(A)(xii) and inserting in its place "; and", and by adding a new division immediately following division (4)(A)(xii), to describe exclusions from Georgia taxable net income, to be designated division (4)(A)(xiii), to read as follows:
"(xiii) Federal pension or retirement funds or systems."
Section 2. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to taxable years beginning on or after January 1, 1989.
(b) Tax, penalty, and interest liabilities for prior taxable years shall not be affected by the passage of this Act and shall continue to be governed by the provisions of Code Section 48-7-27 of the Official Code of Georgia Annotated as it existed immediately prior to the effective date of this Act.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following Fiscal Note, as required by law, was read by the Secretary:
Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334-8400
MEMORANDUM
TO:
The Honorable Sallie Newbill
State Senator
FROM:
G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget
DATE:
September 11, 1989
SUBJECT: Fiscal Note--House Bill 1 EX (LC 18 3338S) Income Tax--Retirement Income Exclusion
This bill would add an exclusion from state income taxation income received from fed eral pension or retirement funds or systems to the exclusions currently provided for speci fied Georgia retirement systems. In addition the bill specifies that the tax liabilities of prior years would not be affected by this bill. If enacted, this bill would become effective upon
FRIDAY, SEPTEMBER 15, 1989
2609
approval by the Governor or upon becoming law without such approval and would apply to tax years beginning on or after January 1, 1989.
This bill would result in a state revenue loss of approximately $53 million of 1989 tax revenues.
1st G. W. Hogan State Auditor
/a/ C. T. Stevens Director, Office of Planning and Budget
On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Albert Barker Barnes Burton Clay
Collins Edge Egan Newbill
Parker Phillips Ragan of 32nd Tysinger
Those voting in the negative were Senators:
Allgood Baldwin
Bowen Brannon
Brun Coleman D,,DDeaeawaln, kms Echols English Engram Fincher Foster Fuller
Garner Gillis
Hammill Harris
Howard Huggins JK,oeh, nnnseodn. y Kidd Land Langford McKenzie Olmstead Peevy
Perry Pollard
Ragan of 10th Ray
Scott of 2nd Scott of 36th 0sn, umak, e Starr Stumbaugh Tate Taylor Timmons Turner Walker
On the adoption of the substitute, the yeas were 13, nays 43, and the substitute to HB 1 EX offered by Senator Newbill of the 56th was lost.
Senators Collins of the 17th, Newbill of the 56th and Phillips of the 9th offered the following substitute to HB 1 EX:
A BILL
To be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income, so as to provide for an exclusion from state income taxation for certain income received from certain public or private pension or retirement funds or systems; to provide for related matters; to provide for an effective date and applicability; to provide for certain liabilities for prior taxable years; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income, is amended by striking paragraphs (4) and (5) of subsection (a) which read as follows:
"(4) (A) Income received from the following, and only the following, public pension or
2610
JOURNAL OF THE SENATE
retirement funds or systems when the income is otherwise included in the taxpayer's federal adjusted gross income:
(i) Employees' Retirement System of Georgia;
(ii) Georgia Firemen's Pension Fund and all local firemen's pension funds;
(iii) Peace Officers' Annuity and Benefit Fund;
(iv) Trial Judges and Solicitors Retirement Fund;
(v) Superior Court Clerks' Retirement Fund of Georgia;
(vi) Public School Employees Retirement System;
(vii) Georgia Legislative Retirement System;
(viii) Teachers Retirement System of Georgia and all local teachers' retirement systems;
(ix) Teachers' retirement systems or funds of states having a reciprocal agreement with this state to exempt income from the Teachers Retirement System of Georgia from taxation;
(x) Funds, programs, or systems the income from which is exempted by federal law or treaty;
(xi) Superior Court Judges Retirement System; and
(xii) District Attorneys' Retirement System.
(B) It is the intent of the General Assembly that no income from a public pension or retirement fund, program, or system shall be exempt from income taxation in this state unless the exemption is provided for in this paragraph or unless the law granting the exemp tion makes specific reference to this paragraph;
(5) (A) Retirement income not to exceed $4,000.00 per year received from any source. This paragraph shall not apply to or affect retirement income which is already wholly ex empt from income taxation because it is received from a public pension or retirement fund or system listed in subparagraph (A) of paragraph (4) of this subsection. A taxpayer shall be eligible for the $4,000.00 exclusion granted by this paragraph only if he:
(i) Is 62 years of age or older during any part of the taxable year; or
(ii) Is permanently and totally disabled in that he has a medically demonstrable disabil ity which is permanent and which renders him incapable of performing any gainful occupa tion within his competence.
(B) The commissioner shall by regulation require proof of the eligibility of the taxpayer for the exclusion allowed by this paragraph;",
and inserting in their places new paragraphs (4) and (5) to describe exclusions from Georgia taxable net income and to read as follows:
"(4) Income received from the following pension or retirement funds or systems:
(A) Any federal, state, or local or private pension or retirement fund or system; and
(B) Funds, programs, or systems the income from which is exempted by federal law or treaty;
(5) Reserved;"
Section 2. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to taxable years beginning on or after January 1, 1989.
(b) Tax, penalty, and interest liabilities for prior taxable years shall not be affected by the passage of this Act and shall continue to be governed by the provisions of Code Section 48-7-27 of the Official Code of Georgia Annotated as it existed immediately prior to the effective date of this Act.
FRIDAY, SEPTEMBER 15, 1989
2611
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following Fiscal Note, as required by law, was read by the Secretary:
Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334-8400
MEMORANDUM
TO:
The Honorable Mac Collins
State Senator
FROM:
G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget
DATE:
September 11, 1989
SUBJECT: Fiscal Note--House Bill 1 EX (LC 18 3339S) Income Tax--Retirement Income Exclusion
This bill would remove from the income tax law the exclusion from state income taxa tion income received from all specified Georgia retirement systems and would also delete the $4,000 income exclusion for individuals that are 62 years of age or older or disabled. The bill would add income tax exclusions for income received from any federal, state, local, or pri vate pension or retirement fund or system and for income received from any funds, pro grams or systems for which the income is exempted by federal law or treaty. In addition the bill specifies that the tax liabilities of prior years would not be affected by this bill. If en acted, this bill would become effective upon approval by the Governor or upon becoming law without such approval and would apply to tax years beginning on or after January 1, 1989.
This bill would result in a state revenue loss of approximately $142 million of 1989 tax revenues.
Is/ G. W. Hogan State Auditor
M C. T. Stevens Director, Office of Planning and Budget
On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Albert Burton Clay
Collins Land Newbill
Phillips Ragan of 32nd
Those voting in the negative were Senators:
Allgood Baldwin Barker Barnes Bowen Brannon Broun Coleman Dawkins Deal Dean
Echols Edge Egan English Engram Foster Fuller Garner Gillis Hammill Harris
Howard Huggins Johnson Kennedy Kidd Langford McKenzie Olmstead Parker Peevy Perry
2612
JOURNAL OF THE SENATE
Pollard
Ragan of 10th Ray Scott of 2nd
Scott of 36th
Shumake
Starr Stumbaugh Tate
Taylor
Timmons Turner
Tysmger Walker
Not voting was Senator Fincher.
On the adoption of the substitute, the yeas were 8, nays 47, and the substitute to HB 1 EX offered by Senators Collins of the 17th, Newbill of the 56th and Phillips of the 9th was lost.
Senators Phillips of the 9th and Clay of the 37th offered the following substitute to HB 1 EX:
A BILL
To be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income, so as to revoke the exclusion from state income taxation for certain income received from certain public pen sion or retirement funds or systems; to provide for the exclusion of certain retirement and other income from state income taxation; to provide for conditions of eligibility; to provide for definitions; to provide for certain underpayments or deficiencies with respect to certain estimated income tax returns; to provide for related matters; to provide for an effective date and applicability; to provide for certain liabilities for prior taxable years; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income, is amended by striking paragraphs (4) and (5) of subsection (a) which read as follows:
"(4) (A) Income received from the following, and only the following, public pension or retirement funds or systems when the income is otherwise included in the taxpayer's federal adjusted gross income:
(i) Employees' Retirement System of Georgia;
(ii) Georgia Firemen's Pension Fund and all local firemen's pension funds;
(iii) Peace Officers' Annuity and Benefit Fund;
(iv) Trial Judges and Solicitors Retirement Fund;
(v) Superior Court Clerks' Retirement Fund of Georgia;
(vi) Public School Employees Retirement System;
(vii) Georgia Legislative Retirement System;
(viii) Teachers Retirement System of Georgia and all local teachers' retirement systems;
(ix) Teachers' retirement systems or funds of states having a reciprocal agreement with this state to exempt income from the Teachers Retirement System of Georgia from taxation;
(x) Funds, programs, or systems the income from which is exempted by federal law or treaty;
(xi) Superior Court Judges Retirement System; and
(xii) District Attorneys' Retirement System.
(B) It is the intent of the General Assembly that no income from a public pension or retirement fund, program, or system shall be exempt from income taxation in this state
FRIDAY, SEPTEMBER 15, 1989
2613
unless the exemption is provided for in this paragraph or unless the law granting the exemp tion makes specific reference to this paragraph;
(5) (A) Retirement income not to exceed $4,000.00 per year received from any source. This paragraph shall not apply to or affect retirement income which is already wholly ex empt from income taxation because it is received from a public pension or retirement fund or system listed in subparagraph (A) of paragraph (4) of this subsection. A taxpayer shall be eligible for the $4,000.00 exclusion granted by this paragraph only if he:
(i) Is 62 years of age or older during any part of the taxable year; or
(ii) Is permanently and totally disabled in that he has a medically demonstrable disabil ity which is permanent and which renders him incapable of performing any gainful occupa tion within his competence.
(B) The commissioner shall by regulation require proof of the eligibility of the taxpayer for the exclusion allowed by this paragraph;",
and inserting in their places new paragraphs (4) and (5) to describe exclusions from Georgia taxable net income and to read as follows:
"(4) (A) Income received from public pension or retirement funds, programs, or systems the income from which is exempted by federal law or treaty when the income is otherwise included in the taxpayer's federal adjusted gross income.
(B) Except as specifically provided in subparagraph (A) of this paragraph, paragraph (5) of this subsection, and paragraph (7) of this subsection, for taxable years beginning on or after January 1, 1989, no income from a public pension or retirement fund, program, or system (including those pension or retirement funds, programs, or systems provided for in Title 47) shall be exempt from income taxation in this state, notwithstanding any provision of Title 47 or any other provision of law to the contrary;
(5) (A) Retirement income otherwise included in Georgia taxable net income and re ceived for taxable years beginning on or after January 1, 1989, but not to exceed the exclu sion amount as follows:
(i) The amount of $16,000.00, if the taxpayer's total retirement income is $16,000.00 or less;
(ii) The amount determined by subtracting from $16,000.00 one dollar for every three dollars of retirement income which exceeds $16,000.00, if the taxpayer's total retirement income exceeds $16,000.00 but does not exceed $40,000.00; or
(iii) An exclusion amount of zero if the taxpayer's total retirement income exceeds $40,000.00.
(B) In the case of a married couple filing jointly, each spouse shall if otherwise qualified be individually entitled to exclude retirement income received by that spouse up to the exclusion amount, so that the total amount excluded on such joint return may if otherwise allowable be up to twice the individual exclusion amount.
(C) The exclusion provided for in this paragraph shall not apply to or affect and shall be in addition to those adjustments to net income provided for under any other paragraph of this subsection.
(D) A taxpayer shall be eligible for the exclusion granted by this paragraph only if the taxpayer:
(i) Is 55 years of age or older during any part of the taxable year; or
(ii) Is permanently and totally disabled in that the taxpayer has a medically demonstra ble disability which is permanent and which renders the taxpayer incapable of performing any gainful occupation within the taxpayer's competence.
(E) For the purposes of this paragraph, the term 'retirement income' means the sum of:
(i) Distributions from or pursuant to an employee pension benefit plan (as defined in
2614
JOURNAL OF THE SENATE
Section 3(2) of the Employee Retirement Income Security Act of 1974) which satisfies the requirements of Section 401 of the Internal Revenue Code;
(ii) Distributions from or pursuant to a public retirement or pension system or fund of or created by this state or a political subdivision of this state or any other state or local government;
(iii) Distributions from or pursuant to a federal retirement system created by the fed eral government for any officer or employee of the United States, including any person re tired from service in the United States Civil Service, the United States Armed Forces, or any agency or subdivision thereof;
(iv) Distributions or withdrawals from or pursuant to an eligible deferred compensation plan which satisfies the requirements of Section 457 of the Internal Revenue Code;
(v) Distributions or withdrawals from or pursuant to an individual retirement account, annuity, trust, or simplified employee pension which satisfies the requirements of Section 408 of the Internal Revenue Code; and
(vi) Distributions or withdrawals from or pursuant to an employee annuity (including custodial accounts treated as annuities) subject to Section 403(a) or (b) of the Internal Rev enue Code.
(F) The commissioner shall by regulation require proof of the eligibility of the taxpayer for the exclusion allowed by this paragraph.
(G) The commissioner shall by regulation provide that for taxable years beginning on or after January 1, 1989, and ending before October 1, 1990, penalty and interest may be waived or reduced for any taxpayer whose estimated tax payments and tax withholdings are less than 70 percent of such taxpayer's Georgia income tax liability if the commissioner determines that such underpayment or deficiency is due to an increase in net taxable in come attributable directly to amendments to this paragraph or paragraph (4) of this subsec tion enacted at the 1989 special session of the General Assembly and not due to willful neglect or fraud;"
Section 2. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to taxable years beginning on or after January 1, 1989.
(b) Tax, penalty, and interest liabilities for taxable years beginning prior to January 1, 1989, shall not be affected by the passage of this Act and shall continue to be governed by the provisions of Code Section 48-7-27 of the Official Code of Georgia Annotated as it ex isted immediately prior to the effective date of this Act.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following Fiscal Note, as required by law, was read by the Secretary:
Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334-8400
MEMORANDUM
TO:
The Honorable R. T. Phillips
State Senator
FROM:
G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget
DATE:
September 13, 1989
SUBJECT: Fiscal Note--House Bill 1 EX Substitute (LC 11 6922S) Income Tax--Retirement Income Exclusion
FRIDAY, SEPTEMBER 15, 1989
2615
This bill would remove from the income tax law the exclusion from state income taxa tion income received from all specified Georgia retirement systems and would also delete the $4,000 income exclusion for individuals that are 62 years of age or older or disabled. The bill would have income tax exclusions for income received from any public pensions or retire ment funds, programs or systems for which the income is exempted by federal law or treaty, and for retirement income (as defined in the bill) otherwise included in the taxpayers Geor gia taxable net income not to exceed the amounts shown in the following table:
Retirement Income
Exclusion Amount
$0 - $16,000 over $16,000 to $40,000
over $40,000
$16,000 $16,000 less $1 for every $3 that retirement income exceeds $16,000
No exclusion
These exclusions would apply to individuals 55 years of age or older or disabled. Spouses filing jointly would be entitled to twice the individual exclusion amount. In addi tion the bill specifies that the tax liabilities of prior years would not be affected by this bill. If enacted, this bill would become effective upon approval by the Governor or upon becom ing law without such approval and would apply to tax years beginning on or after January 1, 1989.
This bill would result in a state net revenue loss of approximately $29 million of 1989 tax revenues.
/s/ G. W. Hogan State Auditor
/s/ C. T. Stevens Director, Office of Planning and Budget
On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Albert Barnes Burton Clay Collins
Edge Egan Land Newbill
Peevy Phillips Ragan of 32nd Tysinger
Those voting in the negative were Senators:
Allgood Baldwin
Barker Bowen Brannon
Corowumn an Dj-j awi kins Dean Echols English Engram Fincher Foster
Fuller Garner
Gillis Hammill Harris
HHuogwgairnds J.oh, 5n6son Kennedy Kidd Langford McKenzie Olmstead Parker
Perry Pollard
Ragan of 10th Ray Scott of 2nd
SShcoutmt aokfe36th S,, tarr Stumbaugh Tate Taylor Timmons Turner Walker
On the adoption of the substitute, the yeas were 13, nays 43, and the substitute offered by Senators Phillips of the 9th and Clay of the 37th was lost.
2616
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 Bowen Brannon Broun Clay Coleman Dawkins Deal Dean Echols Edge English Engram Fincher
Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kennedy Kidd Land Langford McKenzie Olmstead Parker Peevy
Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker
Those voting in the negative were Senators:
Albert Burton Collins
Egan Howard
Newbill Phillips
On the passage of the bill, the yeas were 49, nays 7.
The bill, having received the requisite constitutional majority, was passed.
The following resolution of the Senate was read and put upon its adoption:
SR 5 EX. By Senators Allgood of the 22nd, Kennedy of the 4th and Dean of the 31st:
A resolution relative to adjournment by the General Assembly of Georgia sine die at 12:55 o'clock P.M. on Friday, September 15, 1989.
On the adoption of the resolution, the yeas were 41, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 1 EX. By Senator Echols of the 6th:
A bill to amend an Act creating a board of commissioners of Pierce County, as amended, so as to change the compensation of the chairman of the board of commissioners of Pierce County; to provide an effective date.
FRIDAY, SEPTEMBER 15, 1989
2617
SB 2 EX. By Senators Deal of the 49th and Foster of the 50th: A bill to amend an Act providing for a supplement to the salary of the district attorney of the Northeastern Judicial Circuit so as to increase the supplement to the district attorney's salary; to provide for an effective date.
SB 3 EX. By Senators Deal of the 49th and Foster of the 50th: A bill to amend an Act providing for a supplement to the salary of the judges of the Superior Courts of the Northeastern Judicial Circuit so as to increase the supplements to each judge's salary; to provide for an effective date.
SB 4 EX. By Senator Phillips of the 9th: A bill to amend an Act providing for a new charter for the City of Berkeley Lake so as to change the time of election and the terms of office of the mayor and councilmembers; to change the method of election of the mayor; to pro vide that compensation of elected officials be determined by the council.
The House has agreed to the Senate substitute to the following bill of the House:
HB 7 EX. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to authorize the creation and funding of an enhanced emergency tele phone number 911 system special district within the corporate boundaries of Douglas County; to provide a short title.
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 5 EX. By Senators Allgood of the 22nd, Kennedy of the 4th and Dean of the 31st: A resolution relative to adjournment.
The following report of the Committee on Enrolling and Journals was read by the Secretary:
Mr. President:
The Committee on Enrolling and Journals has read and examined the following Senate bills and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 1 EX.
SB 2 EX.
SB 3 EX.
SB 4 EX.
Respectfully submitted, Is/ Waymond C. Huggins, Chairman
Senator, District 53
2618
JOURNAL OF THE SENATE
The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:
Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334
September 15, 1989
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 1989 Extraordinary Session as of September 15, 1989. The list is numbered 1 through 254.
Most sincerely,
/s/ Max Cleland Secretary of State
Attachments:
Received by /s/ Hamilton McWhorter, Jr.
STATE OF GEORGIA
Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons, numbered 1 through 254, who have registered in the Docket of Legislative Appearance as of September 15, 1989, 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 September, in the year of our Lord One Thousand Nine Hundred and Eighty-Nine and of the Independence of the United States of America the Two Hundred and Fourteenth.
(SEAL)
/s/ Max Cleland Secretary of State
1. Roscoe R. "Sonny" Roberts, III 301 Lakefront Drive Warner Robins, Ga 31088-6021 (912)923-5015 Citizen Houston County Taxpayers Association
3. Alien L. Henderson 120 Barrington Hills Dr. Atlanta, Ga 30350 (404)394-7162 Georgians for Clean Water Physical Therapy Association of Georgia
2. Rhonda Poston 4696 Oakdale Rd. Smyrna, Ga 30080 (404)435-9962 Southern States Landfill, Inc.
FRIDAY, SEPTEMBER 15, 1989
2619
4. Heywood Gay 3111 Shadow Walk Lane Tucker, Ga 30084 (404)723-0223 Professional Insurance Agents of Georgia American Therapy Association Citizen
5. Bert Fridlin 1447 Peachtree Street, N.E. Suite 804 Atlanta, Ga 30309 (404)876-8516 National Federation of Independent Business (NFIB)
6. James W. Strong 3607 Roxboro Road, N.E. Atlanta, Ga 30326 (404)237-7261 Fulton County Grand Jurors Association Citizen
7. Dean G. Auten 6122 Altama Ave. Brunswick, Ga 31520 (912)264-3326 Agents Action Committee, Inc.
8. Void
9. Joseph C. Barto 3229 Barkside Court Chamblee, Ga 30341 (404)457-2102 Georgia Retired Officers Association Georgia Federal Military Coalition
10. J. Robert Benton 7179 Jonesboro Rd. Suite 200 Morrow, Ga 30260 (404)968-0485 Wine Institute
11. Ruth F. Claiborne 120 Ralph McGill Blvd. Suite 1600 Atlanta, Ga 30308 (404)892-3100 Georgia Council on Child Abuse Planned Parenthood of the Atlanta Area, Inc. Girl Scouts Councils of Georgia
12. Mary Farmer 1810 Rockridge Place, NE Atlanta, Ga 30324 (404)874-1292 Hill, Rose & Farmer
13. Anne B. Graham Suite 200 1340 Spring St., NW Atlanta, Ga 30309 (404)885-1578 Save the Children/School-Age Childcare Council Georgia Council on Child Abuse Planned Parenthood of the Atlanta Area, Inc.
14. Judson C. Greene 1332 Vista Leaf Drive Decatur, Ga 30033 (404)636-9834 American Association of Retired Persons #2325
15. Charles H. Hamblen 2564 Lake Flair Circle Atlanta, Ga 30345 (404)633-0122 National Association of Retired Federal Employees Citizen Georgia Retired Teachers Association
16. Tiersa Hays Hopkins 208 Sabrina Court Woodstock, Ga 30188 (404)928-6498 Citizen
17. Stephen Hyles 927 3rd Avenue Columbus, Ga 31902 (404)324-0882 Georgia Private School Association
18. Robert M. Jeter 1825 South Oaks Byromville, Ga 31007 (912)433-2000 Motorola Communications
19. Roger T. Lane 3581 Habersham at North Lake Tucker, Ga 30278 (404)938-0775 Georgia Oilmen's Association
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JOURNAL OF THE SENATE
20. Francis D. Mangier! 5905 Polo Drive Gumming, Ga 30130 (404)889-1555 Ciba-Geigy Pharmaceutical
21. Elsie P. Brown 878 Peachtree Street, N.E. Suite 101 Atlanta, Ga 30309 (404)894-6427 Georgia Association for Primary Health Care
22. Andrew G. Martinez 1311 Executive Center Drive Tallahassee, Fl 32301 (904)878-0939 Nationwide Insurance Companies
23. Martin C. Petersen Post Office Box 878 St. Marys, Ga 31558 (912)882-4241 Oilman Paper Company
24. James H. Purcell 501 Cain Tower, Peachtree Cen. 229 Peachtree St. Atlanta, Ga 30303-1601 (404)588-0517 Alliance of American Insurers
25. Brooks Payne Rode 5 Collier Road, NW, #7 Atlanta, Ga 30309 (404)355-1155 Atlanta Junior League
26. Cathey W. Steinberg 1732 Dunwoody PI. N.E. Atlanta, Ga 30324 (404)262-2244 Clients of the Senior Citizen Advisory Project Georgia Dental Hygienists Association
27. David Swann P.O. Box 7313 Atlanta, Ga 30357 (404)873-3003 D.S. Jerome Productions David Swann Associates
28. Monty Veazey Post Office Box 1572 Tifton, Ga 31793 (912)386-8660 Georgia Not for Profit Hospitals, Inc. 3M Company Georgia Home Builders Chambers, Inc. Miller Brewing Scientific Games Certified Registered Nurse Anesthetists Consulting Engineers Powell, Goldstein, Frazer & Murphy National Telephone, Inc.
29. Aubrey T. Villines, Jr. Suite 520-South Tower One CNN Center Atlanta, Ga 30303-2705 (404)525-7620 Georgia Trial Lawyers Association, Inc. Georgia Chiropractic Association, Inc.
30. Joe T. Wood P.O. Drawer 1058 Gainesville, Ga 30503 (404)536-0161 Medical Association of Georgia Georgia State Association of Life Underwriters, Inc., The
31. Bill W. Gray 11405 Hackett Road Roswell, Ga. 30075 (404)993-5148 Diversified Reader Sales Inc. Georgia Hearing Aid Society City of Roswell
32. Danny A. Toth Holmes Pharmacy 111 Main Street LaGrange, Ga 30240 (404)884-7301 Georgia Pharmaceutical Association
33. Richard B. Cobb 230 Peachtree Street, N.W. Suite 1500 Atlanta, Ga 30303 (404)522-2574 Petroleum Council of Georgia
FRIDAY, SEPTEMBER 15, 1989
2621
34. Angelina R. Luke 3155 Presidential Drive Suite 104 Atlanta, Ga. 30340 (404)451-2662 Georgia Apartment Association
35. John H. Smallwood 3746 Chamblee Tucker Road Atlanta, Ga 30341 (404)491-3134 Georgia Nationwide Ins. Independent Contractors Association Agents Action Committee, Inc.
36. Alton P. Draughon 10905 Houze Road Roswell, Ga 30075 (404)992-0110 Chadwick Road Landfill, Inc. Dinsmore Development Co., Inc. Charles Bartenfeld Co.
37. Fred B. Kitchens, Jr. Suite 414, Six Piedmont Center 3525 Piedmont Rd., NE Atlanta, Ga 30305 (404)261-4518 Wine & Spirits Wholesalers of Georgia
38. Dr. Mildred L. Walton 1176 Oakcrest Drive Atlanta, Ga 30311 (404)696-0001 Georgia Association of Elementary School Principals
39. John W. Cox 3200 Presidential Drive Atlanta, Ga 30340 (404)451-1831 Georgia Association of Realtors, Inc.
40. Robert A. Cucchi 245 Peachtree Center Ave. Suite 2204 Atlanta, Ga. 30303 (404)659-0303 Ford Motor Company
41. Bill McBrayer 100 Edgewood Avenue, N.E. Suite 1804 Atlanta, Ga 30303 (404)577-3435 Georgia Retail Association Georgia Chain Drug Council Opticians Association of Georgia
42. Gary C. Humphrey 2935 Moreland Avenue Conley, Ga. 30027 (404)363-0808 Towing and Recovery Association of Georgia
43. John H. Thomas Building 2400 3000 Langford Road Norcross, Ga 30071 (404)447-4611 Fraternal Order of Police Georgia Burglar and Fire Alarm Association, Inc.
44. Ervin W. Goodroe Post Office Box 160 Austell, Ga 30001 (404)941-0223 Building Material Merchants Assn.
45. Gary Martin 1597 Phoenix Boulevard #12 Atlanta, Ga 30349 (404)991-3750 Police Benevolent Association of Georgia, Inc.
46. Jim Foster 1597 Phoenix Blvd. Atlanta, Ga 30347 (404)991-3750 Georgia Police Benevolent Association
47. James B. Merritt 1597 Phoenix Blvd. Suite 12 Atlanta, Ga. 30349 (404)991-3750 Georgia Police Benevolent Association
48. Keith Hatcher 3200 Presidential Drive Atlanta, Ga 30340 (404)451-1831 Georgia Association of Realtors Inc.
49. Hilary L. Chiz 233 Mitchell Street, SW Suite 200 Atlanta, Ga 30303 (404)523-6201 American Civil Liberties Union of Georgia
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JOURNAL OF THE SENATE
50. William J. Shortt P. 0. Box 2537 Gainesville, Ga 30503 (404)532-3591 Johnson & Johnson
51. Susan Saleska 2199 Bull Run Court Marietta, Ga 30062 (404)727-5588 Georgia Academy of Family Physicians Coalition for Pooled Risk Health Insurance Georgia Coalition Persons with Developmental Disabilities National Head Injury Foundation, Georgia Association Georgia Safety Belt Coalition
52. Virgil T. Smith Post Office Box 1471 Dalton, Ga. 30722-1471 (404)278-3280 Citizen
53. John C.Miller 1855 Oak Lake Drive Clearwater, Fl 34624 (813)888-5541 National Advertising Co.
54. Jack H. Housworth 1950 Century Boulevard Suite 5 Atlanta, Ga 30345 (404)633-9811 Association of Mechanical Contractors of Atlanta Mechanical Industries Council
55. Pat Gardner 1170 Fourteenth Place Atlanta, Ga 30309 (404)874-5219 Georgia Psychological Association
56. Steven L. Levetan 3340 Peachtree Street Suite 1700 Atlanta, Ga 30306 (404)262-1453 Georgia Association of Scrap Processors Institute of Scrap Recycling Industries, Southeast Chapter Southeast Recycling Corp. Elco Management
57. Richard A. Ray 501 Pulliam Street, S.W. Suite 233 Atlanta, Ga 30312 (404)525-8133 Citizen
58. Karen Opp Labarr 2131 Strasburg Court Dunwoody, Ga. 30338 (404)438-8652 Citizen
59. Joe H. McKenzie, Jr. Post Office Box 37 Gordon, Ga 31031 (912)628-7206 Engelhard Corporation
60. Nevin Jones 3951 Snapfinger Parkway Decatur, Ga 30035 (404)289-5867 Georgia Association of Educators (GAE)
61. Ed McGill Suite A-106 1500 Klondike Road Conyers, Ga. 30207 (404)922-6555 Georgia Alcohol Dealers Association, Inc.
62. Linda P. Farmer 1275 Bank Street, SE Smyrna, Ga 30080 (404)433-9877 Citizen National Firearms Association
63. James R. Newman 346-125 Perimeter Center West Atlanta, Ga 30346 (404)391-4545 Southern Bell
64. W. Scott Adair 4696 Oakdale Road Smyrna, Ga 30080 (404)435-9962 Southern States Landfill Southern States Recycling Southern States Waste Services
65. Jim Tudor P. 0. Box 739 Tucker, Ga 30085 (404)939-9583 Georgia Association of Convenience Stores
FRIDAY, SEPTEMBER 15, 1989
2623
66. Elizabeth Weltner 225Peachtree Street, NE Suite 2300 Atlanta, Ga 30303 (404)688-5900 Cohn & Wolfe
67. Norman Wolfe 225 Peachtree Street Atlanta, Ga 30303 (404)688-5900 Cohn & Wolfe
68. Lou Walker One Park Place South Suite 200 Atlanta, Ga 30303 (404)584-7628 Citizen
69. Lithangia S. Robinson 2880 Valley Heart Drive, N.W. Atlanta, Ga 30318 (404)691-8720 Georgia Retired Teachers Association American Association of Retired Persons (AARP)
70. Joyce Carter Stevens 500 Northridge Road Suite 825 Atlanta, Ga 30350 (404)641-4444 Browning-Ferris Industries, Inc.
71. Wayne Reece 1800 Peachtree St., N.W. Suite 355 Atlanta, Ga 30309 (404)351-0388 Southeast Toyota Distributors, Inc. Georgia Mountain Apple Growers Association Gilmer County JMIC Life Insurance Company Tender Loving Care Corp. World Omni Leasing Corp. Microtel, Inc. Smith Barney, Harris Upham & Company, Inc.
72. Linda G. Edmonds Post Office Box 36313 Decatur, Ga 30032 (404)296-3130 Citizen Georgia Optometric Association
73. Virginia G. Ward 2540 Lakewood Ave S.W. Atlanta, Ga 30315 (404)622-0521 Teamsters Local 728 Teamsters Local 928
74. Jerry B. King 2540 Lakewood Avenue Atlanta, Ga 30315 (404)622-0521 Teamsters Local 528 Teamsters Local 728
75. J. Barry Schrenk 3566 Lawrenceville Highway Tucker, Ga 30084 (404)934-2144 Association of Georgia Driver Improvement Clinics Taggart's/Sears Driving School
76. Martin J. Benton 2615 Sandy Plains Road Suite 100 Marietta, Ga 30066 (404)977-4673 The Georgia Family Council
77. Trip Martin Suite 2075 950 East Paces Ferry Road Atlanta, Ga 30326 (404)262-7770 Mead Corporation
78. Ronald F. Updyke 5730 Glenridge Drive Suite 205 Atlanta, Ga 30328 (404)257-3965 General Motors Corporation
79. Kip Loggins Suite 900, One Premier Plaza 5605 Glenridge Drive Atlanta, Ga 30342 (404)256-0700 Allstate Insurance Company
80. Robert J. Middleton, Jr. 1400 Peachtree Place Tower 999 Peachtree St. Atlanta, Ga 30309-3999 (404)870-6478 Municipal Gas Authority of Georgia, The Municipal Electric Authority of Georgia
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JOURNAL OF THE SENATE
81. R. Rudolph Underwood Post Office Box 7068 Macon, Ga. 31298 (912)474-8411 Georgia Farm Bureau
82. Laura Jean Meadows Post Office Box 7068 Macon, Ga 31210 (912)474-8411 Georgia Farm Bureau Federation
83. Robert F. Ray, Jr. P. 0. Box 7068 Macon, Ga. 31298 (404)474-8411 Georgia Farm Bureau Federation
84. Dennis S. Losin 230 Peachtree St., N.W. Suite 210 Atlanta, Ga 30303 (404)222-6911 First American Bank of Georgia, N.A.
85. John S. Yates Post Office Box 909 Dahlonega, Ga 30533 (404)864-5200 Georgia Association of Educational Leaders
86. W. A. (Bill) Hathaway 1067 McConnell Drive Decatur, Ga 30033 (404)634-2811 Georgia Federal/Military Retiree Coalition Georgia Federation of Chapters, NARFE
87. Peggy Parham 3951 Snapfinger Parkway Decatur, Ga. 30035 (404)289-5867 Georgia Association of Educators (GAE)
88. Larry Baumwald 260 N. Milledge Ave. P. 0. Box 8025 Athens, Ga 30603 (404)353-8444 Agents Action Committee, Inc. Nationwide Insurance Independent Contractors Association
89. Harold Bevis Delta Air Lines, Inc. Hartsfield Atl. Int'l. Airport Atlanta, Ga 30320 (404)765-4842 Air Transport Association of America
90. Delores Gallego Delta Air Lines, Inc. Hartsfield Atlanta Intl Airport Atlanta, Ga 30320 (404)765-2458 Air Transport Association of America
91. Luke Livingston 3307 Leeds Way Duluth, Ga 30136 (404)476-3202 Sandoz Pharmaceutical Corporation
92. Kathy T. Chaffin 1075 Spring Street, N.W. Atlanta, Ga 30309 (404)872-2467 Georgia Press Association
93. Jim H. Groome 2625 Cumberland Parkway Suite 485 Atlanta, Ga 30339 (404)438-1589 Inland Container Corp. China Clay Producers Association
94. Gould B. Hagler, Jr. P.O. Box 48386 Atlanta, Ga 30362 (404)458-0093 Independent Insurance Agents of Georgia
95. Fran Toliver 5901-B P'tree Dunwoody Rd. Suite 475 Atlanta, Ga. 30328 (404)698-0968 Georgia Federation of Teachers AFL-CIO
96. Edmund C. Martin RFD 2 Box 242 Gainesville, Ga 30506 (404)887-7941 Georgia School Food Service Association Georgia Association of School Superintendents
FRIDAY, SEPTEMBER 15, 1989
2625
97. Wylene R. Stamps 1117 Helmer Rd. Riverdale, Ga 30296 (404)471-0914 Dignity Inc.
98. James J. Chokos Post Office Box 14616 Savannah, Ga 31416 (912)352-8248 Agents Action Committee, Inc.
99. Everett "Larry" Mclntyre 1471 Gresham Road Marietta, Ga 30062 (404)977-4944 Towing Recovery Association of Georgia
100. Don Cargill 1360 South CNN Center Atlanta, Ga 30303-2705 (404)688-9341 Ginn, Edington, Moore & Wade
101. Herman L. Moore P.O. Box 105605 Atlanta, Ga 30348 (404)521-4756 Georgia Pacific Corporation
102. Kay H. Pippin 3951 Snapfinger Parkway Decatur, Ga 30035 (404)289-5867 Georgia Association of Educators
103. John Callaway 1727 Toleson Court Dunwoody, Ga 30338 (404)396-9343 Federal Military Retiree Coalition
104. Ann Wells White 145 Fifteenth Street #1237 Atlanta, Ga 30361 (404)881-6665 Georgians for Choice Georgia Women's Political Caucus Planned Parenthood of the Atlanta Area
105. Sally Tyler 235 E. Ponce de Leon Decatur, Ga 30030 (404)377-2181 Georgia Abortion Rights Action League
106. Jack Acree 3700 B Market Street Clarkston, Ga 30021 (404)292-7243 Professional Association of Georgia Educators
107. Georgianne Bearden 3700 B Market Street Clarkston, Ga 31029 (404)292-7243 Professional Association of Georgia Educators
108. Martha Pennington 3700 B Market Street Clarkston, Ga 30021 (404)292-7243 Southern Bicycle League Citizens Lobby for Kids Professional Association of Georgia Educators
109. Nancy Hayes Kitchens 3700 B Market Street Clarkston, Ga 30021 (404)292-7243 Professional Association of Georgia Educators (P.A.G.E.)
110. Ellen Coody 3700 B Market Street Clarkston, Ga 30021 (404)292-7243 Professional Association of Georgia Educators (PAGE)
111. Charlie L. Roberts, Jr. 3700 B Market Street Clarkston, Ga 30021 (404)292-7243 Professional Association of Georgia Educators
112. Charles C. Cox 3700 B Market Street Clarkston, Ga 30021 (404)292-7243 Professional Association of Georgia Educators
113. Jeannie Hollifield 3700 B Market Street Clarkston, Ga 30021 (404)292-7243 Professional Association of Georgia Educators (PAGE)
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JOURNAL OF THE SENATE
114. Joseph Carlisi 4649 Buford Highway Chamblee, Ga 30341 (404)454-7737 Association of Georgia Driver Improvement Clinics Buford Highway D.U.I. School South Fulton Driver Improvement Clinic Citizen
115. John Poole 233 Peachtree St. Suite 200 Atlanta, Ga 30303-2705 (404)223-2287 Business Council of Georgia
116. Laura Rowell 2000 Powers Ferry Road Suite 610 Marietta, Ga 30067 (404)951-7950 Southeast Recycling Corporation Southeast Paper Manufacturing Company
117. George B. Elder 2000 Powers Ferry Road Suite 610 Marietta, Ga 30067 (404)951-7950 Southeast Recycling Corporation Southeast Paper Manufacturing Company
118. Joe Brannen 50 Hurt Plaza Suite 1050 Atlanta, Ga 30303 (404)522-1501 Georgia Bankers Association
119. Lee R. Lemke 2625 Cumberland Parkway Suite 485 Atlanta, Ga 30339 (404)438-1588 Georgia Society of Association Executives Georgia Mining Association
120. Robert C. Boone Post Office Box 1706 Atlanta, Ga 30301 (404)984-3010 Chevron, U.S.A. Inc.
121. Michael M. Kumpf 9040 Roswell Road Suite 500 Atlanta, Ga 30350 (404)641-2439 BP America, Inc.
122. W. Fred Blackmon 1100 Abernathy Road, N.E. Atlanta, Ga 30328 (404)551-5367 Eli Lilly & Company
123. Paul L. Shanor 938 Peachtree Street Atlanta, Ga 30309 (404)876-7535 Georgia Health Network Medical Association of Georgia MAG Mutual Insurance Company
124. Cynthia L. Haney 938 Peachtree St., N.E. Suite 208 Atlanta, Ga 30309 (404)876-7535 Medical Association of Georgia MAG Mutual Insurance Company Georgia Health Network, Inc.
125. Richard L. Greene 938 Peachtree Street, N.E. Suite 207 Atlanta Ga 30309 (404)876-7535 Georgia Health Network Medical Association of Georgia MAG Mutual Insurance Company
,,,- Ray P. Williams 938 Peachtree Street, N.E. Atlanta, Ga 30309 (404)876-7535 Georgia Society of Ophthalmology Medical Association of Georgia
127. Cheatham E. Hodges, Jr. Suite 2129 First Atlanta Tower Atlanta, Ga 30383-3142 (404)525-9831 Georgia Catholic Conference Association of Private Colleges & Universities in Georgia
FRIDAY, SEPTEMBER 15, 1989
2627
128. Betty Groepper 811 Oakdale Road, N.E. Atlanta, Ga 30307 (404)378-5724 League of Women Voters of Georgia, Inc.
129. Gayle Sexton 3735 Memorial Drive Decatur, Ga 30032 (404)284-8700 Georgia Health Care Association
130. Void
131. G. L. (Roy) Bowen, III 50 Hurt Plaza Suite 985 Atlanta, Ga 30303 (404)688-0555 Georgia Textile Manufacturers Association, Inc.
132. Dr. Edward M. Bateson 142 Mitchell Street, S.W. Suite LL-1 Atlanta, Ga 30303 (404)688-3730 Georgia Chiropractic Association, Inc.
133. Hazel C. Cotney 142 Mitchell Street, SW Suite LL-1 Atlanta, Ga 30303 (404)688-3730 Georgia Chiropractic Association
134. Francis J. Mulcahy 5780 Powers Ferry Road, N.W. Atlanta, Ga 30327-4390 (404)980-5653 Life Insurance Company of Georgia
135. Elaine LaLonde 100 Edgewood Avenue #1010 Atlanta, Ga 30303 (404)522-8683 League of Women Voters of Georgia, Inc.
136. Frances B. Parham 100 Edgewood Avenue #1010 Atlanta, Ga 30303 (404)522-8683 League of Women Voters of Georgia, Inc.
137. Wilton Hill Post Office Box 158 Reidsville, Ga 30453 (912)557-4201 Georgia School Bus Drivers Association, Inc.
138. Jim Glanton 8374 Creekridge Circle Riverdale, Ga 30296 (404)471-4410 Citizen
139. Pamela W. Glanton 8374 Creekridge Circle Riverdale, Ga 30296 (404)477-1378 Citizen
140. Lyn Hunt P.O. Box 633 Madison, Ga 30650 (404)342-2767 Georgia Citizens for the Arts
141. Clifford S. Avery 1230 Mimosa Cir. Mableton, Ga 30059 (404)739-2547 Citizen
142. Kathy B. Ashe 82 Westminister Drive, N.E. Atlanta, Ga 30309 (404)892-6406 League of Women Voters of Georgia, Inc.
143. James D. King, Jr. 2424 Piedmont Avenue Atlanta, Ga 30324 (404)848-5049 Metropolitan Atlanta Rapid Transit Authority
144. Perry Price 180 Roswell Street Suite B Marietta, Ga 30060 (404)427-4441 Citizen Law Offices of D. Pam Monroe
145. Alethea K. Garnett P. O. Box 105605 Atlanta, Ga 30348 (404)521-4752 Georgia Pacific Corporation
2628
JOURNAL OF THE SENATE
146. William B. Hollberg 1800 Peachtree Road, NW Suite 520 Atlanta, Ga 30309 (404)351-0003 Georgia Voter's Alliance Georgia Right to Life Committee, Inc. Citizens
147. Brian Johnstone 133 Peachtree Street Suite 3300 Atlanta, Ga 30303 (404)525-1034 American Telephone & Telegraph & Affiliated Companies
148. Michael Wardrip Post Office Box 1670 Lilburn, Ga 30226 (404)921-5389 Sierra Club Georgia Chapter
149. James Hoffer Suite 475 5901B Peachtree Dunwoody Rd, NE Atlanta, Ga 30328 (404)698-0968 Georgia Federation of Teachers
150. Martha S. Phillips 2951 Flowers Road, South Suite 112 Atlanta, Ga 30341 (404)458-6166 Georgia Dental Association
151. Gordon D. Giffin 134 Peachtree Street Suite 1900 Atlanta, Ga 30303 (404)527-4020 Long Aldridge & Norman
152. Stewart Acuff 501 Pulliam Street, S.W. Suite 535 Atlanta, Ga 30312 (404)523-7884 Georgia State Employees Union, Local 1985
153. Earl T. Leonard, Jr. Post Office Drawer 1734 Atlanta, Ga 30301 (404)676-2622 Coca-Cola Company, The
154. Connell Stafford P. 0. Drawer 1734 Atlanta, Ga 30301 (404)676-2652 Coca-Cola Company, The
155. Trey Paris P.O. Drawer 1734 Atlanta, Ga 30301 (404)676-4952 Coca-Cola Company, The
156. Ann W. Rose 1810 Rockridge Place, NE Atlanta, Ga 30324 (404)873-6345 Hill, Rose & Farmer, Inc.
157. Neill Herring 257 S. Elm St. Jesup, Ga 31545 (912)427-0667 Campaign for a Prosperous Georgia Georgia Association of Railroad Passengers Georgia Chapter Sierra Club Amalgamated Transit Union Local 732
158. William G. Appel 2175 Northlake Parkway Suite 128 Tucker, Ga 30084 (404)934-3919 Georgia Independent Automobile Dealers Assn.
159. David S. Morrison 1000 Circle 75 Parkway Suite 500 Atlanta, Ga 30332 (404)850-0683 Legisletter, Inc.
160. Ron Byrd Route 9, Box 239A #1 Cannonball Lane Ringgold, Ga. 30736 (404)861-4261 Rorer Pharmaceutical Corp.
161. Mary M. Boyert P.O. Box 81474 Atlanta, Ga 30366 (404)454-7612 Georgia Right to Life Committee, Inc. Citizen
FRIDAY, SEPTEMBER 15, 1989
2629
162. Michael S. Raynor 125 Perimeter Center West Suite 346 Atlanta, Ga 30346 (404)391-2482 Southern Bell
163. Jack L. Girard 1501 September Chase Decatur, Ga 30033 (404)634-1038 Automobile Club (AAA)
164. Joe Mack Wilson 217 Northcutt Street Marietta, Ga 30064 (404)428-8369 Thompson, Ltd.
165. Sam M. Poole One American Place Suite 1820 Baton Rouge, La 70825 (504)344-3201 Dupont Co. Conoco Inc. Kayo Oil Co.
166. John T. Mitchell 1400 Coleman Avenue Macon, Ga. 31207 (912)744-2776 Mercer University
167. Marybeth Robertson Atkins 151 Ellis Street Suite #422 Atlanta, Ga 30303 (404)659-3430 Georgia Electric Membership Corporation
168. Margaret R. Ball P. 0. Box 174 2475 Dug Gap Road, S.W. Dalton, Ga. 30722 (404)277-3255 Georgia League of Women Voters of the Dalton Area, Inc.
169. William A. Travis 1444 Dallas Circle Marietta, Ga 30064 (404)424-0769 McNeil Pharmaceutical
170. Warren N. Loar, III 2238 Pinecliff Drive Atlanta, Ga 30345 (404)934-2248 Citizen
171. Bonnie Carollin Post Office Box 28746 Baltimore, MD 21240 (800)537-7243 Bristol Myers (USPNG) U.S. Pharmaceutical & Nutritional Group
172. Andrea B. Cottone 781 Bedford Oaks Drive Marietta, Ga. 30068 (404)642-1004 Citizen
173. Void
174. Cindy S. Cottone 2104 Stone Hollow Court Marietta, Ga 30062 (404)594-7038 Citizen
175. Tom Keating 210 Pryor Street, S.W. Atlanta, Ga 30335 (404)827-8033 Atlanta Public Schools
176. Robert C. Hunt 2849 Paces Ferry Road, #770 Atlanta, Ga 30339 (404)434-3473 Miller Brewing Company
177. Dr. John A. Hulsey, Jr. 615 D Oak Street Gainesville, Ga 30501-3705 (404)287-7721 Georgia Retired Teachers Association
178. Karen S. Gillespie Post Office Box 16503 Atlanta, Ga 30321 (404)968-2656 Squibb Corp.
179. David Turner 40 Marietta Street, N.W., Suite 1020 Atlanta, Ga 30303-2806 (404)522-0951 Georgia Forestry Association, Inc.
180. Bob L. Izlar Suite 1020 40 Marietta Street, NW Atlanta, Ga 30303-2806 (404)522-0951 Georgia Forestry Association, Inc.
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JOURNAL OF THE SENATE
181. Dorothy P. Spence 1197 Peachtree Street, N.E Colony Square Retail Mall Atlanta, Ga 30361 (404)873-3207 Georgia Association American Institute of Architects
182. Kathy Marie Kuzava 3200 Highlands Parkway Suite 210 Smyrna, Ga 30082 (404)438-7744 Georgia Grocers Association
183. D. F. Dunning P.O. Box 56266 Atlanta, Ga 30342 (404)880-5281 Windreal Corp. Georgians for Clean Water Kenaf Industry Technical Committee Don Evans, Inc. Evco Plastics Retired Persons Services Georgians for a Lottery Referendum
184. Charlotte Roy 3951 Snapfinger Parkway Decatur, Ga 30035 (404)289-5867 Georgia Association of Educators
185. Fred Greer, Jr. P. O. Box 4899 35 Broad Street Atlanta, Ga 30302-4899 (404)581-4837 Citizens & Southern Corporation, The
186. Peter L. Banks P. 0. Box 4569 Atlanta, Ga 30302 (404)584-3807 Atlanta Gas Light Company
187. Bryan L. Fiveash P. O. Box 4569 Atlanta, Ga 30302 (404)584-3807 Atlanta Gas Light Company
188. Thomas M. Boiler Post Office Box 8627 Atlanta, Ga 30306 (404)872-0335 City of Columbus BP America State Bar of Georgia Rollins Research and Development, Inc. Georgia Appraisers Coalition Fulton County Board of Education
189. George E. Hibbs P. 0. Box 8627 Atlanta, Ga 30306 (404)872-7113 BP America City of Columbus Fulton Co. Board of Education Georgia Appraisers' Coalition Rollins Research & Development State Bar of Georgia
190. Wanda C. Segars P. O. Box 8627 Atlanta, Ga 30306 (404)872-2373 Fulton Co. Board of Education City of Columbus BP America Rollins Research & Development State Bar of Georgia Georgia Appraisers' Coalition
191. Judy C. Bradley 50 Executive Park South Suite 5005 Atlanta, Ga 30329 (404)636-7539 Georgia Vocational Association
192. James M. Griffith Box 4545 (333/23) Atlanta, Ga 30302 (404)526-6907 Georgia Power Company
193. Ed Holcombe P.O. Box 4545 (333/23) Atlanta, Ga 30302 (404)526-6929 Georgia Power Company
194. Earl Rogers P. 0. Box 4545 (333/23) Atlanta, Ga 30302 (404)526-6946 Georgia Power Company
FRIDAY, SEPTEMBER 15, 1989
2631
195. Debbie Simonds-Thurston 3951 Snapfinger Parkway Decatur, Ga 30035 (404)289-5867 Georgia Association of Educators (GAE)
196. Wayne W. Oliver Post Office Box 95527 Atlanta, Ga 30347 (404)231-5074 Georgia Pharmaceutical Association
197. W. A. Binns P. 0. Box 570 Savannah, Ga 31402 (912)238-7327 Union Camp Corporation
198. Mather Stapleton 5154G East Ponce de Leon Ave Stone Mountain, Ga 30083 (404)294-9300 United Transportation Union
199. Void
200. Dixon M. Glover 3700 B Market Street Clarkston, Ga 30021 (404)292-7243 Professional Association of Georgia Educators
201. Sherry L. Abbott 732 Ashby Street, NW Atlanta, Ga 30318 (404)875-0822 Outdoor Advertising Association of Georgia (OAAG)
202. Andrew Henry Griffin, Jr. 3951 Snapfinger Parkway Decatur, Ga 30035 (404)289-5867 Georgia Association of Educators (GAE)
203. Edwin B. Topmiller P.O. Box 9748 2328 Cortez Way Atlanta, Ga 30319 (404)636-7970 Georgia Sport Shooting Assn., Inc.
204. Gary E. Jackson 1801 Peachtree Street, N.E. Atlanta, Ga 30309 (404)355-1741 Fulton County Development Authority
205. Winton B. Cain 1200 Briarcliff Road Warner Robins, Ga 31088 (912)923-3096 Natl. Association of Retired Federal Employees (Chapter 1020)
206. Thelma Sonia Graves 131 Ponce de Leon Atlanta, Ga 30318 (404)352-1200 Citizen
207. Sue Ella Deadwyler 4168 Rue Antoinette Stone Mountain, Ga 30083 (404)294-4919 Georgia Insight
208. June Deen 2452 Spring Road Smyrna, Ga 30080 (404)434-8273 American Lung Association of Ga.
209. Vickie Moody Beasley 2719 Buford Hwy #207 Atlanta, Ga 30324 (404)728-0223 Georgia Association of Homes and Services for the Aging
210. Helga Nehl P. 0. Box 129 Kingston, Ga 30145 (404)336-5521 Informed Health Care Association of Georgia, Inc. Citizen
211. John D. Folds, Jr. 1585 Phoenix Blvd. Suite 5 Atlanta, Ga 30349 (404)996-0509 State Farm Insurance Companies
212. Thomas G. Cook 1729 Lenox Road N.E. Atlanta, Ga 30306 (404)875-0766 Georgia Automobile Services Association Georgia Osteopathic Medical Association
2632
JOURNAL OF THE SENATE
213. Frances D. Todd 3639 Meadow Chase Drive Marietta, Ga 30062 (404)565-1679 Georgia Parent Teacher Association, The
214. Void
215. Phyllis Cole 2540 Lakewood Avenue, SW Atlanta, Ga 30315 (404)627-0922 Teamsters Local Union No. 928 Teamsters 928 D.R.I.V.E.
216. W. Lamar Mathis, Jr. 2540 Lakewood Avenue, SW Atlanta, Ga 30315 (404)627-0922 Teamsters Local Union No. 928 Teamsters 928 D.R.I.V.E.
217. Daniel L Drummond 2540 Lakewood Avenue Atlanta, Ga 30315 (404)627-0922 Teamsters 928 D.R.I.V.E. Teamsters Local 928
218. Willie Baker 2540 Lakewood Avenue, SW Atlanta, Ga 30315 (404)627-0922 Teamsters Local Union 928 Teamsters 928 D.R.I.V.E.
219. Robert R. King 600 West Peachtree Street, N.W. Suite 1500 Atlanta, Ga 30308 (404)873-44892 Georgia Hospitality & Travel Association
220. Bettye L. Stokes 404 Espinosa Street Augusta, Ga 30901 (404)724-2077 Georgia State Nurses Association Chi Etu Phi Sorority, Inc. (Phi Chi Chapter)
221. Dr. Bill Davis 2482 Jett Ferry Road Suite 680 B-5 Dunwoody, Ga 30338 (404)396-3424 Georgia Sport Shooting Association
222. James D. Comerford 1400 Peachtree PI. Tower 999 Peachtree Street Atlanta, Ga 30309-3999 (404)870-6000 Fulton County Development Authority
223. Tom H. Riden 829 S. Main Street Madison, Ga 30650 (404)342-2455 Professional Association of Georgia Educators
224. Gary M. Holmes 1270 South Tower One CNN Center Atlanta, Ga 30335 (404)659-4567 City of Atlanta
225. Florence S. Flanders 1796 Briarlake Circle Decatur, Ga 30033 (404)325-4252 Professional Association of Georgia Educators
226. Linda Gail Womack Post Office Box 1349 Tucker, Ga 30085-1349 (404)496-7935 Oglethorpe Power Corporation
227. Margie Pitts Hames 2671 Rivers Road Atlanta, Ga 30305 (404)266-8451 Georgia Abortion Providers
228. Thomas A. Bauer 100 Edgewood Avenue, N.E. #1008 Atlanta, Ga 30303 (404)527-7568 Georgia Association of Physician Assistants Council for Children, Inc. Georgia Chapter--Society of Clinical & Medical Electrologists Fulton County United Way of Metro Atlanta
229. Luvenia Jackson 3951 Snapfinger Parkway Decatur, Ga 30035 (404)289-5867 Georgia Association of Educators (GAE)
FRIDAY, SEPTEMBER 15, 1989
2633
230. Shelley Rose 1404 Spring Street Atlanta, Ga 30309 (404)873-4356 Georgia Citizens for the Arts
231. David 0. Eldridge 233 Peachtree Street, NE Suite 2705 Atlanta, Ga 30303-1500 (404)522-3558 Citizen Georgia Conservancy, The
232. Joan R. Cates 100 Edgewood Avenue, N.E. Suite 1604 Atlanta, Ga 30345 (404)688-9300 Planned Parenthood of the Atlanta Area
233. Ms. Edith A. Eberhart 6540 Bellburn Road College Park, Ga. 30349 (404)987-9663 Georgia Women's Political Caucus
234. C. Graham Green, Jr. 2329 Ava Place Decatur, Ga 30033 Professional Association of Georgia Educators (PAGE)
235. Lee Richardson P.O. Box 2356 Smyrna, Ga 30081 (404)438-8442 Abate of Ga., Inc.
236. James P. Kulstad 158 Flora Avenue Atlanta, Ga 30307 (404)588-9455 Common Cause of Georgia
237. Jim Hammock 2625 Cumberland Parkway Suite 280 Atlanta, Ga 30339 (404)435-7400 Georgia Warehouse Association Anheuser-Busch Companies, Inc. Omni Resource Group, Inc. Tobacco Institute, The Georgia Association of Rehabilitation Facilities
238. Thomas Perry Stewart 1308 Highland Avenue Dublin, Ga 31021 (912)272-5289 Professional Association of Georgia Educators
239 Chesley J. Powell 1597 Phoenix Blvd. Suite 12 Atlanta, Ga 30349 (404)991-3750 Police Benevolent Association of Georgia, Inc.
240 Jack W. Houston 900 North Hairston Road Suite D Stone Mountain, Ga 30083 (404)296-0305 Georgia Association of Petroleum Retailers, Inc.
241. Gregory G. Kergosien 38 Lyme Bay Road Columbia, SC 29212 (803)781-5418 Upjohn Company, The
242. Jack H. Drew 1611 Lake Harbin Road Morrow, Ga 30260 (404)961-2130 Clayton County Water Authority
243. Void
244. Jack Cory 120 E. Jefferson Street Tallahassee, Fl 32301 (904)893-0995 Resource Technology Association Southeast Municipal Bonds Company Southern Lobbying Services, Inc. Attwoods, Inc. MedX, Inc. Vesta Technology Industrial Waste Service National Tire Resources, Inc. Alamo Car Rental Inc.
245. Herman Lisle 1336 Canal Street Griffin, Ga 30223 (404)227-4569 Georgia Sport Shooters Association
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JOURNAL OF THE SENATE
246. William Greenhaw 3593 Overlook Avenue Macon, Ga 31204 (912)474-2212 Professional Association of Georgia Educators
247. Marie S. Steinmeyer 3985 Lynfleld Court College Park, Ga 30349-Rt. 6 (404)349-2338 Cancer Victor, Inc. Informed Health Care Association of Georgia, Inc. Georgia Women's Coalition for Medical Freedom, Inc. American Association of Retired Persons (AARP) Older Women's League
248. Emory C. Parrish 3389 Dunn Street Smyrna, Ga 30080 (404)435-8683 Citizen
249. Fran Hesser 230 Peachtree Street Suite 1500 Atlanta, Ga 30303 (404)522-2574 Petroleum Council of Georgia
250. Lansing B. Lee, III Attorney at Law 2550 M Street, N.W. Washington, DC 20037 (202)457-6527 Fatten, Boggs & Blow CIGNA Corp.
251. Leslie J. Breland 225 Peachtree Street, NE Suite 1650 Atlanta, Ga 30303 (404)659-8500 Braemar Group, Ltd.
252. Norma Lucas 6640 Wealthy Court Riverdale, Ga 30274 (404)991-2283 Dignity Inc.
253. Palmira Braswell 3016 Paige Drive Macon, Ga 31211 (912)745-3247 Professional Association of Georgia Educators
254. Pamela J. Martorano 6135 Barfield Road Suite 118 Atlanta, Ga 30328 (404)252-0010 American Massage Therapy Association
Pursuant to the provisions of SR 5 EX, the President announced the Senate adjourned sine die at 12:55 o'clock P.M. on Friday, September 15, 1989.
INDEX
2635
Senate Journal Index
1989 Special Session
2636
JOURNAL OF THE SENATE
INDEX
2637
PART I
SENATE BILLS AND RESOLUTIONS
SB 1EX--Pierce County; board of commissioners; chairman; compensation ..................................... 2580, 2586, 2616, 2617
SB 2EX--Northeastern Judicial Circuit; District Attorney; salary supplement....................................... 2580, 2586, 2617
SB SEX--Northeastern Judicial Circuit; Superior Court judges; salary increase .................................... 2580, 2586, 2587, 2617
SB 4EX--City of Berkeley Lake; elections; salaries; veto power; referendum ....................................... 2580, 2586, 2587, 2617
SR 1EX--Senate Rules; adopt ............................................... 2573 SR 2EX--Senate Convened; notify House, September 11 ....................... 2575 SR SEX--Senate Rules; amend relating to approval for out
of state travel .......................................... 2582, 2586, 2587 SR 4EX--Reverend Clyde Johns; honoring.................................... 2596 SR 5EX--General Assembly; adjournment sine die
September 15, 1989 ..................................... 2616, 2617, 2634
PART II
HOUSE BILLS AND RESOLUTIONS
HB 1EX--Revenue and Taxation; Income Tax; revoke certain state
retirement income exclusion; allow uniform exclusion;
$8,000 for 1989; $10,000 1990 ................. 2584, 2586, 2589, 2590, 2597
HB SEX--Town of Dooling; new charter ...................... 2584, 2585, 2591, 2592
HB 4EX--Worth County; state court solicitor; change salary. . . . 2584, 2585, 2591, 2592
HB 6EX--Chatham County; probate court clerk; compensation
2584, 2585
HB 7EX--Douglas County; Emergency Communications Service Districts;
fund 911 telephone system ............... 2584, 2585, 2591, 2592, 2593, 2617
HB 8EX--City of Stone Mountain; municipal elections; time;
terms; authority .................................. 2584, 2585, 2591, 2592
HB 9EX--Hall County; board of commissioners;
expense allowances ................................ 2584, 2585, 2591, 2592
HB 10EX--City of Columbus; countywide government;
mayor pro tern; compensation ...................... 2584, 2585, 2591, 2592
HR 1EX--House of Representatives Convened; notify Senate,
September 11..................................................... 2580
HR 2EX--Notify Governor General Assembly convened ........................ 2581
HR 5EX--Chattanooga and Chickamauga National Military Park
Centennial; commemorate..................................... 2585, 2596
2638
JOURNAL OF THE SENATE
PART III ALPHABETICAL INDEX
A
ADJOURNMENT; General Assembly; sine die September 15, 1989 . . ........... SR SEX
B
BERKELEY LAKE, CITY OF; elections; salaries; veto power; referendum .SB 4EX
CHAPLAINS OF THE DAY Cantrell, Reverend James............................................... Page 2591 Deal, Senator Nathan, served as Chaplain................................ Page 2589 Dean, Senator Nathan, served as Chaplain ............................... Page 2582 Langford, Senator Arthur, served as Chaplain ............................ Page 2583 Maxey, Reverend Dan.................................................. Page 2573
CHATHAM COUNTY; probate court clerk; compensation ..................... HB 6EX CHATTANOOGA AND CHICKAMAUGA NATIONAL MILITARY PARK
CENTENNIAL; commemorate ........................................... HR SEX
COLUMBUS, CITY OF; countywide government; mayor pro tern; compensation........................................................... HB 10EX
COMMITTEES; Senate Standing; appointments............................ Page 2576 COMMUNICATIONS FROM SECRETARY OF STATE.............. Pages 2571, 2618 COURTS
Northeastern Judicial Circuit; district attorney; salary supplement............ SB 2EX Northeastern Judicial Circuit; superior court; judges; salary increase .......... SB SEX COVERDELL, SENATOR PAUL; resignation letter ........................ Page 2570
D
DISTRICT ATTORNEYS; Northeastern Judicial Circuit; salary supplement SB 2EX DOCTORS OF THE DAY
Atkins, Dr. Sam ....................................................... Page 2597 Kaufmann, Dr. James .................................................. Page 2573 DOOLING, TOWN OF; new charter......................................... HB SEX
DOUGLAS COUNTY; Emergency Communications Service Districts; fund 911 telephone system................................................ HB 7EX
Refer to numerical index for page numbers
INDEX
2639
G
GENERAL ASSEMBLY Adjournment; sine die September 15, 1989 ................................. SR 5EX House Convened; notify Senate, September 11............................. HR 1EX Notify Governor; General Assembly convened ............................. HR 2EX Senate; adopt rules ...................................................... SR 1EX Senate Convened; notify House, September 11.............................. SR 2EX
GOVERNOR JOE FRANK HARRIS Communications from ....................................... Pages 2569, 2570, 2576 Vetoes; 1989 regular session....................................... Pages 2576, 2577
GOVERNOR; notify Governor General Assembly convened ................... HR 2EX
H
HALL COUNTY; board of commissioners; expense allowances ................. HB 9EX HARRIS, GOVERNOR JOE FRANK; communications from...... Pages 2569, 2570, 2576 HARRIS, SENATOR BILLY; excused for funeral .......................... Page 2583 HOUSE OF REPRESENTATIVES; convened; notify Senate, September 11 HR 1EX
JOHNS, REVEREND CLYDE; honoring .................................... SR 4EX
JUDGES; Northeastern Judicial Circuit; superior court; salary increase ......... SB 3EX
JUDICIAL CIRCUITS Northeastern Circuit; district attorney; salary supplement ................... SB 2EX Northeastern Circuit; superior court; judges; salary increase .................. SB SEX
LIEUTENANT GOVERNOR ZELL MILLER; communications from ......... Page 2576 LOBBYISTS ............................................................ Page 2618
M
MUSCOGEE COUNTY; consolidated government; mayor pro tern; compensation........................................................... HB10EX Refer to numerical index for page numbers
2640
JOURNAL OF THE SENATE
N
NORTHEASTERN JUDICIAL CIRCUIT District Attorney; salary supplement; Dawson, Hall, Lumpkin, White Counties ........................................................ SB 2EX Superior Court; judges; salary increase; Dawson, Hall, Lumpkin, White Counties ........................................................ SB SEX
NURSE OF THE DAY; Alice Kaufmann serve ............................. Page 2573
PARKS AND RECREATION; Chickamauga and Chattanooga National Military Park Centennial; commemorate ............................................... HR SEX
PIERCE COUNTY; board of commissioners; chairman; compensation
SB 1EX
R
RETIREMENT AND PENSIONS; Income Tax; revoke certain state retirement income exclusion; allow uniform exclusion; $8,000 for 1989; $10,000 1990 ............................................................ HB 1EX
REVENUE AND TAXATION; Income Tax; revoke certain state retirement income exclusion; allow uniform exclusion; $8,000 for 1989; $10,000 as of 1990 ....................................................... HB 1EX
s
SECRETARY OF STATE; communications from .................... Pages 2571, 2618
SENATE Convened; notify House, September 11 .................................... SR 2EX District 40; special election ............................................. Page 2571 Morning Roll Calls............................... Pages 2573, 2582, 2583, 2589, 2591 Rules; adopt ............................................................ SR 1EX Rules; amend relating to approval for out of state travel .................... SR 3EX Standing Committees; appointments ..................................... Page 2576
SENATOR PAUL COVERDELL; resignation letter ......................... Page 2570
SENATOR BILLY HARRIS; excused for funeral ........................... Page 2583
SENATOR-ELECT MICHAEL EGAN; certified by Secretary of State; oath of office administered.............................................. Page 2572
STONE MOUNTAIN, CITY OF; municipal elections; time; terms; authority HB 8EX
SUPERIOR COURTS
Northeastern Judicial Circuit; district attorney; salary supplement
SB 2EX
Northeastern Judicial Circuit; judges; salary increase ........................ SB SEX
V
VETOES BY GOVERNOR; 1989 regular session; ..................... Pages 2576, 2577
Refer to numerical index for page numbers
INDEX
2641
w
WORTH COUNTY; state court solicitor; change salary. .......................HB 4EX
Refer to numerical index for page numbers