Journal of the Senate of the State of Georgia regular session 1989 volume one, commenced at Atlanta, Georgia, Monday, January 9, 1989 and adjourned Wednesday, March 15, 1989

Compiler's Note
The Journal of the Senate for the regular session of 1989 is bound in two separate volumes. Volume I contains January 9, 1989 through February 28, 1989. Volume II contains March 1, 1989 through March 15, 1989 and the complete index. Volume II also contains the Journal and index for the 1989 Special Session.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
REGULAR SESSION 1989
VOLUME I
Commenced at Atlanta, Georgia, Monday, January 9, 1989 and adjourned Wednesday, March 15, 1989

OFFICERS
OF THE
STATE SENATE
1989
ZELL MILLER ..................... President (Lieutenant Governor)
TOWNS COUNTY
JOSEPH E. KENNEDY ..................... President Pro Tempore
EVANS COUNTY
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 ..................................... Bill Clerk
DeKALB COUNTY
SHIRLEY SHELNUTT .............................. Journal Clerk
ROCKDALE COUNTY
ROBERT F. EWING .......................... Assistant to Secretary
DeKALB COUNTY
AGNES DOSTER ................................... Enrolling Clerk
GWINNETT COUNTY
CLARA BASKIN ................................. Bill Status Clerk
COBB COUNTY
SARAH BROWNE .............................. Assistant Bill Clerk
FULTON COUNTY
LINDA THOMPSON................................ Calendar Clerk
CLAYTON COUNTY
FAYE MOORE .................................. Information Clerk
GWINNETT COUNTY

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

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

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

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

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

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

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

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

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

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

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

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 . . . . Stone Mountain 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

Betty Aaron (D) ............... . . . 56 ......

Ralph David Abernathy (D) ... . . . 39 ......

Marvin D. Adams (D) .......... . . . 79 ......

Fred Aiken (R) ................ . . . 21, Post 1

Dean C. Alford (D) ............ . . . 57, Post 3

Roy L. Alien (D) .............. . . 127 ......

Troy A. Athon (D) ............. . . . 57, Post 1

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

Frank I. Bailey, Jr. (D)..... . . . 72, Post 5

Thurbert E. Baker (D) ......... . . . 51 ......

Ralph J. Balkcom (D) .......... . . 140 ......

Charles E. Bannister (R) ....... . . . 62 ......

Fisher Barfoot (D) ............. . . 120 ......

Emory E. Bargeron (D) ........ . . 108 ......

Bill H. Barnett (D) ............ . . . 10 ......

0. M. (Mike) Barnett (R) .... . . . 59 ......

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

Jimmy W. Benefield (D)........ . . . 72, Post 2

Lorenzo Benn (D) ............. . . . 38 ......

Kenneth W. (Ken) Birdsong (D) . . 104 ......

Sanford D. Bishop, Jr. (D)...... . . . 94 ......

Henry Bostick (D) ............. . . 138 ......

Paul S. Branch, Jr. (D)......... . . 137 ......

Keith R. Breedlove (R) ......... . . . 60 ......

Tyrone Brooks (D)............. . . . 34 ......

George M. Brown (D) .......... . . . 88 ......

Thomas B. (Tom) Buck, III (D) . ... 95 ......

Floyd M. Buford, Jr. (D) ....... .. 103 ......

Roger C. Byrd (D) ............. . . 153, Post 2

Tyrone Carrell (D) ............. . . . 65 ......

Hanson Carter (D) ............. . . 146 ......

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

George A. Chance, Jr. (D) ...... . . 129 ......

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

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

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

Herman Clark (R) ............. . . . 20, Post 3

Address Decatur . Atlanta . Thomaston . Smyrna . Lithonia .Savannah . Conyers . Smyrna . Riverdale Decatur Blakely Lilburn . Vidalia . Louisville . Gumming . Lilburn . Valdosta .Jonesboro . Atlanta . Gordon . Columbus . Tifton . Fitzgerald Buford . Atlanta . Augusta . Columbus . Macon . Hazlehurst . Monroe . Nashville . Albany . Springfield . Augusta .Rome . Atlanta . 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 ............. Swainsboro Robert L. Patten (D)............. 149 ............ Lakeland Hugh B. (Boyd) Pettit (D)......... 19 ............. Cartersville Frank C. Pinkston (D) ........... 100 ............. Macon Charles (Judy) Poag (D)............ 3 ............. Eton DuBose Porter (D) ............... 119 ............. Dublin McCracken (Ken) Poston (D) ....... 2 ............. Ringgold C. C. (C.J.) Powell (D) ........... 145 ............. Moultrie Howard H. Rainey (D) ........... 135 ............. Cordele William C. (Billy) Randall (D) . . 101 ............. Macon Dick Ransom (R) ................. 90 ............ .Augusta Robert Ray (D)................... 98 ............. Fort Valley Henry L. Reaves (D) ............. 147 ............ .Quitman Frank L. Redding, Jr. (D) ....... 50 ............. Decatur Eleanor L. Richardson (D) ......... 52 ............. Decatur Edward D. (Ed) Ricketson, Jr. (D) 82 ............. Warrenton Pete Robinson (D) ................ 96 ............. Columbus A. Richard Royal (D) ............ 144 ............. Camilla Helen Selman (D) ................ 32 ............. Palmetto John Simpson (D) ................ 70 ............. Carrollton Georganna T. Sinkfield (D) ........ 37 ............ Atlanta Larry Smith (D) .................. 78 ............. Jackson Paul E. Smith (D) ................ 16 ............. Rome Tommy Smith (D) .............. 152 ............. Alma Willou Smith (R) ................ 156 ............. Brunswick Calvin Smyre (D) ................. 92 ............. Columbus Michael M. (Mike) Snow (D) ....... 1, Post 1 ..... Chickamauga Frank E. Stancil (D) .............. 66 ........... Watkinsville Steve Stancil (R) .................. 8, Post 1 ....... Canton LaNett Stanley (D) ............... 33 ............. Atlanta Robert Steele (R) ................. 97 ............. Columbus Lawton Evans Stephens (D) ....... 68 ............. Athens Doug Teper (D) .................. 46 ............ Atlanta Charles Thomas (D) .............. 69 ............. Temple Mable "Able" Thomas (D)......... 31 ............ .Atlanta Steve Thompson (D) .............. 20, Post 4 ....... Austell Michael L. (Mike) Thurmond (D) . . 67 ............. Athens Theo Titus III (R) ............... 143 ............. Thomasville Claude (Tommy) Tolbert (R) ...... 58 ............. Clarkston Kiliaen V. R. Townsend (R) ....... 24 ............. Atlanta Ralph Twiggs (D).................. 4, Post 2 ....... Hiawassee Jack Vaughan Jr. (R) ............. 20, Post 1 ....... Marietta Ted W. Waddle (R) .............. 113 ............. Warner Robins Charles W. Walker (D) ............ 85 ........... .Augusta Larry Walker (D) ................ 115 ............. 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, JANUARY 9, 1989

13

SENATE JOURNAL

Senate Chamber, Atlanta, Georgia Monday, January 9, 1989 First Legislative Day

The Senators-elect of the General Assembly of Georgia for the years 1989-1990 met pursuant to law in regular session in the Senate Chamber at 10:00 o'clock A.M. this day, and were called to order by Lieutenant Governor Zell Miller, President of the Senate.

The President introduced the chaplain of the day, Reverend Cecil Myers, Hartwell, Georgia, who offered scripture reading and prayer.

The following communication from Honorable Max Cleland, Secretary of State, certifying the Senators-elect in the General Election of 1988, was received and read by the Secretary:

STATE OF GEORGIA Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached four pages of typewritten matter are a true and correct list of the State Senators as elected in the November 8, 1988 General Election; all as the same appear of file and record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 18th day of November, in the year of our Lord One Thousand Nine Hundred and Eighty-eight and of the Independence of the United States of America the Two Hundred and Thirteenth.
/s/ Max Cleland Secretary of State

(SEAL)

STATE SENATORS ELECTED TO THE GENERAL ASSEMBLY

NOVEMBER 8, 1988 GENERAL ELECTION

DISTRICT

COUNTIES

1

Portion of Chatham

NAME J. Tom Coleman, Jr. (I)

2

Portion of Chatham

Al Scott (I)

3

Portion of Bryan, Portion of

Chatham, Portion of Glynn,

Liberty and Mclntosh

Joe Hammill

4

Bryan, Bulloch, Candler, Effingham, Joseph E. Kennedy (I)

Evans, Long and Tattnall

5

Portion of DeKalb

Joe Burton (I)

6

Portion of Appling, Bacon,

Earl Echols (I)

Brantley, Camden, Charlton, Portion

of Glynn, Pierce and Wayne

PARTY D D D
D
R D

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

JOURNAL OF THE SENATE

Atkinson, Berrien, Clinch, Lanier, Ed Perry (I)

D

Tift and Ware

Brooks, Cook, Echols and Lowndes Loyce W. Turner (I)

D

Portion of Gwinnett

R. T. (Tom) Phillips (I)

R

Portion of Colquitt, Decatur, Grady Harold J. Ragan (I)

D

and Thomas

Baker, Calhoun, Portion of

Jimmy Hodge Timmons (I) D

Chattahoochee, Clay, Early, Miller,

Mitchell, Quitman, Randolph,

Seminole, Stewart and Webster

Dougherty

Mark Taylor (I)

D

Ben Hill, Portion of Colquitt, Crisp, Rooney L. Bowen (I)

D

Dooly, Irwin, Turner and Worth

Lee, Macon, Peach, Schley, Sumter, Lewis H. "Bud" McKenzie D

Taylor and Terrell

(I)

Portion of Chattahoochee and

Gary Parker

D

Portion of Muscogee

Marion, Portion of Muscogee and Ted J. Land (I)

R

Talbot

Butts, Portion of Clayton and

Mac Collins

R

Henry

Portion of Bibb, Houston and

Ed Barker (I)

D

Twiggs

Bleckley, Coffee, Dodge, Jeff Davis, Walter S. Ray (I)

D

Pulaski, Telfair and Wilcox

Portion of Appling, Johnson,

Hugh Gillis, Sr. (I)

D

Laurens, Montgomery, Toombs,

Treutlen, Portion of Washington and

Wheeler

Burke, Emanuel, Glascock, Jefferson, Bill English (I) Jenkins, Screven and Portion of Washington

Portion of Richmond

Thomas F. Allgood (I)

D

Portion of Columbia and Portion Frank Albert (I)

R

of Richmond

Portion of Columbia, Greene,

Sam McGill (I)

D

Lincoln, McDuffle, Oglethorpe,

Taliaferro, Warren and Wilkes

Baldwin, Hancock, Jasper, Jones, Culver Kidd (I)

D

Morgan, Putnam and Wilkinson

Portion of Bibb

Tommy C. Olmstead (I)

D

Portion of Bibb, Crawford, Lamar, W. F. (Billy) Harris (I)

D

Monroe, and Upson

Coweta, Pike and Spalding

Arthur (Skin) Edge (I)

R

Portion of Carroll, Harris, Heard, Quillian Baldwin (I)

D

Meriwether and Troup

Portion of Carroll and Portion of Wayne Garner (I)

D

Douglas

MONDAY, JANUARY 9, 1989

15

31

Portion of Bartow, Haralson,

Nathan Dean (I)

D

Paulding and Polk

32

Portion of Cobb

Hugh Ragan (I)

R

33

Portion of Cobb

Roy E. Barnes (I)

D

34

Portion of Douglas, Fayette and

Bev Engram (I)

D

Portion of Fulton

35

Portion of Fulton

Arthur Langford, Jr. (I)

D

36

Portion of Fulton

David Scott (I)

D

37

Portion of Cherokee and Portion of Chuck Clay

R

Cobb

38

Portion of Fulton

Horace E. Tate (I)

D

39

Portion of Fulton

Hildred W. Shumake (I)

D

40

Portion of Fulton

Paul D. Coverdell (I)

R

41

Portion of DeKalb

James W. "Jim" Tysinger R (I)

42

Portion of DeKalb

Pierre Howard (I)

D

43

Portion of DeKalb

Eugene P. (Gene) Walker D (I)

44

Portion of Clayton

Terrell A. Starr (I)

D

45

Newton, Rockdale and Walton

Harrill L. Dawkins (I)

D

46

Clarke, Portion of Jackson and

Paul C. Broun (I)

D

Oconee

47

Banks, Elbert, Franklin, Hart,

Don Johnson (I)

D

Portion of Jackson and Madison

48

Barrow and Portion of Gwinnett

Donn Peevy (I)

D

49

Portion of Forsyth and Hall

Nathan Deal (I)

D

50

Dawson, Habersham, Lumpkin,

John C. Foster (I)

D

Rabun, Stephens, Towns, Union

and White

51

Portion of Cherokee, Fannin,

Max Brannon (I)

D

Gilmer, Gordon, Pickens and Portion

of Whitfield

52

Portion of Bartow and Floyd

Ken Fuller

D

53

Portion of Catoosa, Chattooga,

Dade and Walker

Waymond (Sonny) Huggins D (I)

54

Portion of Catoosa, Murray and

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

Portion of Whitfield

(I)

55

Portion of DeKalb

Lawrence (Bud)

D

Stumbaugh (I)

56

Portion of Cobb, Portion of Forsyth Sallie Newbill (I)

R

and Portion of Fulton

(I) - Incumbent (D) - Democrat (R) - Republican

16

JOURNAL OF THE SENATE

The following communications from Honorable Max Cleland, Secretary of State, certifying a Special Election for District 24 due to the death of Senator Sam McGill, and certifying the Special Runoff Election, were received and read by the Secretary:

STATE OF GEORGIA Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that a Special Election was held on December 20, 1988, in the counties of Greene, Lincoln, McDuffie, Oglethorpe, Taliaferro, Warren, Wilkes and a portion of Columbia, said Election to fill the vacancy in District 24, of the State Senate, due to the death of the Honorable Sam P. McGill. The attached constitutes a true and correct copy of the votes cast for each candidate.

Inasmuch as no candidate received a majority of the votes cast, a Special Runoff Election was held on January 5, 1989 and the consolidated returns on file in this office show the following results:

G.B. "JAKE"

EDWARD D.

COUNTY_______________POLLARD, JR.___________RICKETSON, JR.

COLUMBIA

4262

690

GREENE

382

357

LINCOLN

694

511

MCDUFFIE

1240

890

OGLETHORPE

245

392

TALIAFERRO

116

292

WARREN

266

912

WILKES___________________210__________________1812______

TOTAL

7415

5856

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 9th day of January, 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.
Is,/ Max Cleland Secretary of State

(SEAL)

STATE SENATOR DISTRICT 24

COUNTY
COLUMBIA GREENE LINCOLN MCDUFFIE OGLETHORPE TALIAFERRO WARREN WILKES
TOTAL

Wi"lBliailml" S. James P. Hill Jackson

1034

1886

6

82

19

113

27

130

90

78

3

32

8

34

26

62

1213

2417

G.B. "Jake" Pollard, Jr.
2496 213 445 806 150 64 225 146
4545

Richard M. Reynolds
462 29 43 91 6 12 26 67
736

Edward D. Ricketson, Jr.
86 133 410 682 133 235 718 1561
3958

MONDAY, JANUARY 9, 1989

17

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334
January 9, 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 January 5, 1989 Special Runoff Election for the office of State Senate in the General Assembly of Georgia from District 24, 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,
/s/ Max Cleland

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 Thursday, the 5th day of January, 1989,
G. B. "JAKE" POLLARD, JR.
Having received 7,415 votes was duly elected to the office of
STATE SENATE, DISTRICT 24
Witness my hand and the seal of my office this ninth day of January 1989. /s/ Max Cleland Secretary of State

(SEAL)

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 Coverdell Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd

Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake

18

JOURNAL OF THE SENATE

Starr Stumbaugh Tate

Taylor Timmons Turner

Tysinger Walker

The President introduced The Honorable Thomas 0. Marshall, Chief Justice of the Supreme Court, who administered the following oath of office to all the Senators-elect at their desks:

OATH OF OFFICE - GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State.

I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the government of the United States, nor of any one of the several states, nor of any foreign state, that I am otherwise qualified to hold said office according to the Constitution and Laws of Georgia.

So help me God!

The President announced that the next order of business was the election of the President Pro Tempore.

Senator Gillis of the 20th nominated Senator Joe Kennedy of the 4th District as President Pro Tempore.

Senator Coleman of the 1st seconded the nomination.

Senator Allgood of the 22nd asked unanimous consent that the nominations be closed and that the Secretary be instructed to cast the vote of the entire body for Senator Kennedy of the 4th.

The consent was granted, and Senator Joe Kennedy of the 4th was declared elected President Pro Tempore.

The President announced the next order of business was the election of the Secretary of the Senate.

Senator Broun of the 46th nominated Honorable Hamilton McWhorter, Jr. of Oglethorpe County as Secretary of the Senate.

Senator Allgood of the 22nd asked unanimous consent that the nominations be closed and the Assistant Secretary, Alice E. Hoge, be instructed to cast the vote of the entire body for Honorable Hamilton McWhorter, Jr.

The consent was granted and Honorable Hamilton McWhorter, Jr. was declared elected Secretary of the Senate.

The Secretary of the Senate, Hamilton McWhorter, Jr., then designated Alice E. Hoge as Assistant Secretary of the Senate for the 1989-1990 Term of the General Assembly.

The oath of office was administered to Honorable Hamilton McWhorter, Jr. as Secretary of the Senate and Alice E. Hoge as Assistant Secretary of the Senate by the President.

MONDAY, JANUARY 9, 1989

19

The President announced the next order of business was the election of the Sergeant at Arms of the Senate.
Senator Fuller of the 52nd nominated Marvin W. "Cap" Hicks of Floyd County as Sergeant at Arms of the Senate.
Senator Allgood of the 22nd asked unanimous consent that the nominations be closed and the Secretary be instructed to cast the vote of the entire body for Honorable Marvin W. "Cap" Hicks.
The consent was granted, and Honorable Marvin W. "Cap" Hicks was declared elected Sergeant at Arms of the Senate.
The following communications from His Excellency, Governor Joe Frank Harris, were received and read by the Secretary:
STATE OF GEORGIA Office of the Governor
Atlanta 30334
April 28, 1988
Honorable Zell Miller Lieutenant Governor State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Miller:
I have vetoed Senate Bills 424, 516, 618 and 638 which were passed by the General Assembly of Georgia at the 1988 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,
/s/ Joe Frank Harris
STATE OF GEORGIA Office of the Governor
Atlanta 30334
April 28, 1988
Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bills 1195, 1292, 1689, 1700 and 1819 which were passed by the General Assembly of Georgia at the 1988 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.

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With kindest regards, I remain

Sincerely, Isl Joe Frank Harris

Veto No. 10 Senate Bill 618 by Senator Olmstead
This bill would have required State agencies to pay properly received invoices within a certain period of time or pay an interest penalty for any delay in payment.
This legislation is virtually the same bill I vetoed after the 1984 Session of the General Assembly. At that time, I stated that, although I had been a businessman and knew the problems caused by delays in payments, nevertheless I did not feel this was appropriate legislation.
After vetoing the legislation, I worked with the proponents of the legislation to set up a procedure in State government to make certain all bills were paid as promptly as possible. By Executive Order, I mandated that all invoices were to be paid within thirty days. A survey taken last year shows that we have had almost a % decrease in the amount of past due invoices.
I believe that the process I set in motion by Executive Order will continue to improve this situation. For these reasons, I am vetoing this bill as being unnecessary.
Veto No. 11 House Bill 1819 by Representative Ray
This bill specified certain conditions under which the Board of Education of Crawford County would be authorized to hold regular and other meetings at locations within the county instead of the county seat. The provisions contained in this bill were superseded by a later general bill. Therefore, the author requested that this bill be vetoed.
Veto No. 12 Senate Bill 424 by Senator Kidd
This bill changed the definition of "full-time student" to include undergraduate and graduate students enrolled for a minimum of ten academic hours and students who have been committed to the Department of Human Resources' institutions as delinquent or unruly children. The amendment had the effect of reducing the minimum number of hours from 12 to 10, the result being an increase in the number of students eligible to receive tuition equalization grants. A corresponding amount of funds was not appropriated to handle the increased number of students. If this bill had become law, the Student Finance Authority would have had to reduce the amount of each grant from the level intended by the General Assembly. Because of these technical defects, the author of the legislation requested that it be vetoed.
Veto No. 13 Senate Bill 516 by Senator Barnes
This bill raised the maximum compensation of court bailiffs in superior courts from $50.00 to $70.00 per diem. In addition, the legislation raised the maximum expense allowance for jurors from $25.00 to $50.00. While some adjustment needs to be made in the costs paid to both bailiffs and jurors, this legislation provided for too great an increase at one time. If signed, it would have made it difficult for the counties to budget this additional expense during the coming year.
For these reasons, I vetoed this legislation.
Veto No. 14 Senate Bill 638 by Senator Deal
This bill provided minimum standards for grievance procedures for all certificated personnel in the school systems of this state. After passage of the legislation, a number of questions and concerns arose among the superintendents and school boards of this State regarding the scope of this legislation and its ultimate effect on the supervision of personnel. I believe very strongly that each school system should have a grievance procedure for its personnel so that disputes can be resolved by the parties without having to resort to formal

MONDAY, JANUARY 9, 1989

21

adversarial procedures. However, these grievance procedures must not interfere with a school system's ability to provide a quality education to its students.
While I commend the legislators for addressing this issue, I believe that this matter is best addressed if the State Board of Education adopts a policy which mandates that each system have a grievance procedure with minimum standards. The Board has assured me that it will adopt such a policy, and they feel certain it will address all the concerns of both teachers and administrative personnel. Additionally, by the Board adopting their own policy, the aggrieved party would be able to appeal from the local school system to the State Board of Education, an action which was not provided for in this legislation.
For these reasons, I vetoed this legislation.
Veto No. 15 House Bill 1195 by Representative Walker
This bill raised the salary of the Lieutenant Governor to $53,001.00 per year. House Bill 1342, which was the Comprehensive Salary legislation, raised the Lieutenant Governor's salary to $54,920 per year. If House Bill 1195 were to have been signed, there would have been a reduction in the Lieutenant Governor's salary, which I feel was not the intent of the General Assembly.
For this reason, I vetoed this legislation.
Veto No. 16 House Bill 1292 by Representative Prichard
This bill initially provided that subpoenas may be enforced by attachment for contempt as authorized under the Official Code of Georgia Annotated, Section 15-6-8. The legislation was amended to provide that law enforcement officers could receive witness fees, whether they were on duty or off duty. Presently, a law enforcement officer is allowed to receive witness fees only when he is off duty. When a law enforcement officer is receiving his regular compensation while he is attending court, it would seem additionally inappropriate for him to receive witness fees. It is normally assumed that attending court is part of the duties of a law enforcement officer. Additionally, the effect of this amendment would be a tremendous increase in the cost of witness expenses to the counties. The counties' expenses need to be worked out and budgeted before this type of legislation is introduced and passed.
For these reasons, I vetoed this legislation.
Veto No. 17 House Bill 1689 by Representative Sinkfield
This bill provided that the Department of Corrections was to give six months' notice to members of the General Assembly in whose district the Department planned to construct or use additional confinement facilities when the expenditure exceeds $10,000 and will not be located on property already owned by the Department. The effect of this bill would have caused both administrative and legal problems for the Department of Corrections when trying to determine whether they have complied with the law before building a facility. Additionally, it would have been inappropriate for a department of the Executive Branch to be required to contact the General Assembly before carrying out its prescribed duties.
For these reasons, I vetoed this legislation.
Veto No. 18 House Bill 1700 by Representative Colwell
This bill would have provided that the Commissioner of Public Safety may, and upon the request of the Governor, authorize and direct the Uniform Division to provide services which are necessary or appropriate to promote and protect public safety at any automobile racing event at which there exists a seating capacity of 15,000 or more. This is similar to the services authorized under Senate Bill 417 relating to collegiate athletic events. The Department of Public Safety, under present law, has authority to provide services at private events where there is reason to believe that they are needed to preserve public safety. Therefore, this bill would not be necessary in order to provide this type of assistance.
Also, if this bill were to be interpreted to provide that the Department of Public Safety was being given authority to provide escort and crowd control services for a private event

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such as an automobile race, then it would be in violation of the Gift and Gratuities Clause of our State Constitution. Senate Bill 417 related to providing these services in connection with events sponsored by state higher education institutions.
For these reasons, I vetoed this legislation.

On April 14, 1988, the Governor informed the Senate, in a Memo received by the Secretary of the Senate, of the following Sections of House Bill 1277 that he had vetoed:

HB 1277 Appropriations Line Item Vetoes 1988:

Section 53, paragraph 2, Page 64:

"It is the intent of this General Assembly to maintain, as a minimum, the same level of direct treatment staff in the extended care and forensic programs of the MH MR SA institutions for fiscal year 1989 that was authorized in fiscal year 1987."

Section 68, paragraph 1, Page 69:

"No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly."

Section 72, Page 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."

The following correspondence from His Excellency, Governor Joe Frank Harris, was received and read by the Secretary:

Honorable Joe Frank Harris State Capitol Atlanta, Georgia 30334

The State Senate Atlanta, Georgia 30334
December 16, 1988

Dear Governor:
Effective December 16, 1988, I tender my resignation as State Senator from the 15th District in Georgia.
I thank you for the opportunity to serve the constituents of my district. It has been my pleasure to have served and worked with you over the last twenty years, and although we have not attained every goal, our accomplishments have been many.
Thank you for your friendship, and I look forward to working with you in other capacities in the future.

MONDAY, JANUARY 9, 1989

23

With kindest regards, I am

Yours to Count On,
/s/ Floyd Hudgins, Senator 15th District

Honorable Floyd Hudgins State Senator Post Office Box 12127 Columbus, Georgia 31907

STATE OF GEORGIA Office of the Governor
Atlanta 30334
December 19, 1988

Dear Senator Hudgins:
This will acknowledge receipt of your recent correspondence in which you tendered your resignation as State Senator, District 15, effective December 16, 1988. By copy of this letter, your resignation is hereby accepted.
Your service to the State of Georgia in the above capacity is greatly appreciated, and I extend to you my best wishes for the future.
With kindest regards, I remain
Sincerely, /s/ Joe Frank Harris

The following resolution of the Senate was read and put upon its adoption:

SR 1. 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 1988 session of the General Assembly of Georgia are hereby adopted as the Rules of the Senate for the regular 1989 session, with the exception of the first two paragraphs of Rule 185, which shall 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 30 BANKING AND FINANCE 14
CHILDREN AND YOUTH 5 CONSUMER AFFAIRS 5
CORRECTIONS 8 DEFENSE AND VETERANS AFFAIRS 5 ECONOMIC DEVELOPMENT AND TOURISM 11 EDUCATION 13 GOVERNMENTAL OPERATIONS 9 HIGHER EDUCATION 8

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HUMAN RESOURCES - 12
INDUSTRY AND LABOR -- 9
INSURANCE -- 8 INTERSTATE COOPERATION 5
JUDICIARY 9
NATURAL RESOURCES 14
PUBLIC SAFETY 6
PUBLIC UTILITIES 5
REAPPORTIONMENT 10
RETIREMENT 6
RULES 12
SPECIAL JUDICIARY 8
TRANSPORTATION 12
URBAN AND COUNTY AFFAIRS 8
Each Senator shall be appointed to serve on four committees provided for in this Rule and no more; except membership on the Committee on Reapportionment and membership on the Committee on Interstate Cooperation (which is created by law) shall not count as one of the four committees. The Administration Floor Leader shall serve as an Ex Officio member of the Rules Committee without a vote; this membership shall not count as one of his four committees."
The resolution was adopted.
The Rules of the Georgia State Senate for the Regular 1989 Session are as follows:
ORGANIZATION.
Rule 1. The legislative power of the State shall be vested in a General Assembly which shall consist of a Senate and a House of Representatives.
(Ga. Const., art. Ill, sec. I, par. I.)
Rule 2. The Senate and the House of Representatives shall be organized by the Secretary of the Senate or the Clerk of the House of Representatives who shall be ex officio presiding officer until a presiding officer is elected. No question except one relating to the organization shall be entertained by such officer; and, in deciding such question, he shall be governed, as far as practicable, by the standing rules of the house over which he presides. In the absence of such officer, his assistant may officiate. In the absence of both, the body may appoint a chairman whose powers and duties shall be the same as those of the Secretary or Clerk.
(O.C.G.A. 28-1-3)
Rule 3. There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. The Lieutenant Governor shall be the President of the Senate and shall have such executive duties as prescribed by the Governor and as may be prescribed by law not inconsistent with the powers of the Governor or other provisions of this Constitution. The compensation and allowances of the Lieutenant Governor shall be as provided by law.
(Ga. Const., art. V, sec. I, par. III.)
Rule 4. The presiding officer of the Senate shall be styled the President of the Senate.
A President Pro Tempore shall be elected by the Senate from among its members. The

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25

President Pro Tempore shall act as President in case of the temporary disability of the President. In case of the death, resignation, or permanent disability of the President or in the event of the succession of the President to the executive power, the President Pro Tempore shall become President and shall receive the same compensation and allowances as the Speaker of the House of Representatives. The General Assembly shall provide by law for the method of determining disability as provided in this Paragraph.
(Ga. Const., art. Ill, sec. Ill, par. I.)
Rule 5. While presiding or in the absence of the President of the Senate, the President Pro Tempore shall have the same powers and duties as the President of the Senate.
(O.C.G.A. 28-1-6)
Rule 6. The other officers of the two houses shall be a Secretary of the Senate and a Clerk of the House of Representatives.
(Ga. Const, art. Ill, sec. Ill, par. III.)
Rule 7. Not more than twelve (12) Doorkeepers shall be employed during each day in which the Senate is in session.
Rule 8. Senators elected to the following offices shall choose their Senate seats in the order listed below:
President Pro Tempore Majority Leader Minority Leader Majority Whip Administration Floor Leader One Assistant Administration Floor Leader
All other Senators shall be seated by district number in ascending numerical order commencing with the lowest permanently numbered available seat.
Rule 9. In addition to any other oath prescribed by law, each Senator and Representative, before taking the seat to which elected, shall take the following oath: "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."
(O.C.G.A. 28-l-4a.)
Rule 10. The oath of office prescribed by subsection (a) of this Code section may be administered to the members of the General Assembly by any Justice of the Supreme Court, Judge of the Court of Appeals, or judge of the superior courts. Such Justice or judge shall be procured by the person organizing each branch.
(O.C.G.A. 28-l-4b.)
Rule 11. There shall be a Secretary of the Senate and a Clerk of the House of Representatives, elected by the members of each House respectively by recorded vote; and a majority of votes cast is necessary to elect. Their terms of office shall be the time for which the members of the General Assembly are elected and until their successors are elected.
(O.C.G.A. 28-3-20)
Rule 12. The Secretary of the Senate and the Clerk of the House of Representatives, before entering on the discharge of their duties, shall take an oath before the respective presiding officers of the two houses to discharge their duties faithfully and to the best of their skill and knowledge. Said oath should be entered in the journals of the respective houses.
(O.C.G.A. 28-3-25)
Rule 13. Immediately after their election, the Secretary of the Senate and the Clerk of

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the House of Representatives shall each give bond and security in the sum of $5,000, payable to the Governor and his successors in office, and conditioned for the faithful discharge of their respective duties. The bonds shall be approved by the President of the Senate and Speaker of the House respectively.
(O.C.G.A. 28-3-21)
Rule 14. The Senate is entitled to a sergeant at arms who shall perform such duties as may be required of him, who shall be elected by the Senate, and who shall be compensated as provided by resolution of the Senate.
(O.C.G.A. 28-3-1)
Rule 15. It shall be the duty of the Sergeant at Arms to attend to the wants of the Senate while in session, to aid in the enforcement of order under the direction of the President and the Decorum Committee, to supervise the doorkeepers, to introduce messengers and visitors, and to execute the demands of the Senate from time to time, together with all such processes, issued under its authority, as may be directed to him.
Rule 16. No person shall be employed as a page who is under the age of twelve years. No Senator shall be allowed to name more than ten pages during the session. The President shall be allowed to name not more than two pages per day during each day of the Session. In addition to the pages provided for above, each Senator shall be allowed to name not more than ten honorary pages during the session. Honorary pages shall receive no compensation for their services as such. There shall be no more than thirty (30) pages per day. Each Senator desiring to name a page for any particular day of the session shall file with the Director of Pages the name of each person he wishes to have serve as his page and the date of proposed service. Such notice shall be filed at least three days prior to the date the proposed page desires to serve. The Director of Pages shall select the 30 pages who shall serve on each day of the session in the order in which such notices are filed. Each Senator can assign his pages or page days to another Senator. There shall be no pages except as herein provided.
The Rules Committee, subject to the approval of the President, shall establish a program of familiarization with State Government, its procedures and those duties and responsibilities which will be required of pages. The Director of Pages shall require each page to attend a training session prior to his service as a page during which the page will become acquainted with his duties and responsibilities.
Rule 17. No person shall be allowed to enter upon the floor of the Senate except (1) the Senators and officers thereof, (2) the officers and members of the House, (3) the Governor of the State, (4) staff members of the Secretary of the Senate, Clerk of the House, and the Office of Legislative Counsel, (5) former Senators, except those registered as lobbyists or who are presently employed by the State, and (6) such others as the Senate may allow upon written recommendation of the Rules Committee.
On the final or third reading and consideration of any bill appropriating money, the Senate may, by invitation of the Chairman of the Standing Committee on Appropriations or by the vote of a majority of those voting, provided the total vote constitutes a quorum, allow persons on the floor of the Senate for the purpose of explaining or answering any questions concerning the bill.
No person shall be admitted on the floor of the Senate who is engaged in lobbying or who is attempting to influence legislation.
No person or group shall be introduced or allowed to address the Senate during the first nineteen (19) days of any regular session except upon the written recommendation of a majority of the Decorum Committee. The Decorum Committee shall be composed of the President of the Senate, who shall be chairman, the President Pro Tempore, the Majority Leader, the Minority Leader, and the Majority Whip. During the last twenty-one (21) days of any regular session individuals or groups may be introduced and allowed to address the Senate only after a sponsoring Senator has secured a three-fourths affirmative vote of the

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27

members of the Rules Committee assembled in a scheduled meeting. At any time during any regular session the presiding officer may introduce any member of the Georgia Congressional delegation or any other person of national prominence.
While the Senate is in session, representatives of the press, radio and television shall be allowed on the floor of the Senate only in the area in the rear of the Chamber designated for them.
PRESIDENT'S POWER AND DUTIES.
Rule 18. When the President Pro Tempore or any other Senator is presiding, he shall not vote unless the Senate shall be equally divided, or unless his vote, if given to the minority, will make the division equal. The presiding Senator shall vote in all elections. In all cases where a fixed constitutional vote is required to pass a bill or measure under consideration, and said bill or measure shall lack only one vote to pass the same, the presiding Senator shall vote, and his vote so cast shall be counted the same as that of any other member.
Rule 19. All questions as to priority of business to be acted on shall be decided by the President without debate unless otherwise provided for in these Rules.
Rule 20. When two or more Senators shall rise at the same time, the President shall name the Senator entitled to proceed.
Rule 21. The President shall, in his discretion, suspend irrelevant debate and command silence whenever he may deem it necessary.
Rule 22. The President may at any time order the roll called on any question, and take the vote by Yeas and Nays, where a division of the Senate discloses the fact that a quorum has not voted.
Rule 23. The President may, during a day's sitting, name any Senator to perform the duties of the Chair during any part of that sitting, but no longer.
Rule 24. Whenever from any cause the President shall be absent, the President Pro Tempore shall preside. If both shall be absent, the Secretary of the Senate shall call the Senate to order and shall preside until the election of an acting President Pro Tempore, which said election shall be the first business of the Senate. The acting President Pro Tempore thus elected shall preside until the return of one of the first named officers, when his functions shall cease.
Rule 25. All committees shall be appointed by the President unless otherwise ordered by the Senate.
Rule 26. The President shall have power to cause the galleries and lobbies of the Senate cleared by the Sergeant at Arms in case of disturbance or disorderly conduct therein, and to cause any person or persons so offending to be arrested and brought before the bar of the Senate, to be dealt with for contempt of the Senate.
Rule 27. The President shall have power to suspend the Sergeant at Arms for misconduct or neglect of duty. He shall report any such suspension to the Senate within twentyfour hours thereafter for such action as the Senate may see fit to take.
GENERAL BUSINESS AND ORDER OF BUSINESS.
Rule 28. The following shall be the order of business:
1. Report of the Committee on the Journal. 2. Reading of the Journal. 3. Motions to Reconsider. 4. Confirmation of the Journal. 5. Introduction of Bills and Resolutions. 6. First Reading and Reference of Senate Bills and Resolutions. 7. 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.

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8. Reports of Standing Committees. 9. Second Reading of General Bills and Resolutions. 10. Call of the Roll. 11. Prayer of the Chaplain. 12. Unanimous Consents and Points of Personal Privilege. 13. Adoption of Privileged Resolutions. 14. Motions to withdraw bills or resolutions from one committee and commit to an-
other committee. 15. Passage of Local Uncontested Bills and Resolutions. 16. Consideration of Local Contested Bills and Resolutions. 17. Third Reading and Consideration of General Bills and Resolutions.
Rule 29. It shall be the duty of the Subcommittee on Enrolling and Journals to read the Journal of each day's proceedings, and report to the Senate that the same is correct before the Journal is read by the Secretary.
Rule 30. The Committee on Rules, during the last twenty-one (21) legislative days of each session, shall arrange and fix the calendar for each day's business. Such calendar shall be a standing and continuing special order during said period. No matter shall be taken up or acted on otherwise than in the order and manner fixed by such calendar, except by a three-fourths vote of those voting, provided such three-fourths constitutes a majority of the members elected to the Senate.
Rule 31. No General bill or resolution shall be put on final passage unless the same has been put on a calendar and placed on each Senator's desk not later than 7:00 A.M. on the date of passage. The Secretary of the Senate shall put all bills which appear on the prepared calendar and which may be considered that day in order on the Senators' desks and in a separate file from other House and Senate bills and resolutions. Matters in possession of the Senate, but not eligible for consideration on a particular date, shall also be kept in order and also on the Senators' desks, unless the Senator requests that they be omitted. The calendar can be changed by a vote of two-thirds of the Senators voting, provided such twothirds constitutes a majority of the members elected to the Senate. Nothing in this Rule shall apply to local bills or local resolutions.
Rule 32. Every motion or request to take up general bills or resolutions out of their regular order, and every motion or request for special orders shall be submitted in writing to the Senate, referred to the Committee on Rules and reported upon by the Committee before being acted upon by the Senate.
Rule 33. Any request for unanimous consent to suspend the Rules or motion to change the order of business shall be decided without debate.
Rule 34. The rules of the Senate shall in no case be suspended or changed, or the order of business changed except by two-thirds of the members voting, if such two-thirds constitutes a majority of the members elected to the Senate.
Rule 35. The roll call at the opening of each session of the Senate shall not be dispensed with, except by a majority vote of the Senators voting or by unanimous consent.
The electronic roll call system shall be used to call the roll of the Senators, who shall use the Yea switch to signify their presence.
Rule 36. The reading of the Journal shall not be dispensed with, except by a vote of a majority of the members voting or by unanimous consent.
Rule 37. The report of the Committee on Rules shall be in order at any time, and messages from the Governor or from the House may be received under any order of business. Messages may be received at any time while the door is open, except while a question is being put, or a ballot or a viva voce vote is being taken.
Rule 38. When a message shall be sent to the Senate, it shall be announced at the door

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of the Senate by the Sergeant at Arms and be respectfully communicated to the Chair by the person through whom it may be sent.
A message shall be presented to the Senate by the President when received, or afterwards, according to its nature and the business on which the Senate is engaged, or its consideration may, on motion, be ordered by the Senate.
Rule 39. Questions of privileges shall be, first, those affecting the rights of the Senate collectively, its safety, dignity, and the integrity of its proceedings; second, the right, reputation, and conduct of Senators individually, in their representative capacity only. Questions of privilege shall have precedence over all other questions. Provided, that when any matter is pending before the Senate, no question of personal privilege shall be acted on until the pending question is disposed of.
Rule 40. Any motion not privileged, containing new matters, shall lie at least one day on the table.
Rule 41. The meetings of the General Assembly shall be held as prescribed in Art. Ill, Sec. IV, Par. I of the Constitution of Georgia. The Senate shall convene daily at 10:00 A.M. unless otherwise ordered by the Senate. The House shall convene daily at 10:00 A.M. unless otherwise ordered by the House. The General Assembly shall meet at the state capitol.
(O.C.G.A. 28-1-2)
Rule 42. The session of the Senate each day, except Sunday, shall commence at 10:00 A.M., unless otherwise ordered by the Senate, and shall continue until the Senate shall be adjourned upon motion.
Rule 43. Each House may punish by imprisonment, not extending beyond the session, any person not a member who shall be guilty of a contempt by any disorderly behavior in its presence or who shall rescue or attempt to rescue any person arrested by order of either House.
(Ga. Const., art. Ill, sec. IV, par. VIII.)
Rule 44. Any member presenting a petition, memorial, or remonstrance shall, as concisely as practicable, intimate the name and object of the petitioner, memorialist, or remonstrant, which shall be noted on the Journal, and the paper may then be referred without reading.
Rule 45. When the reading of any paper is called for, and the reading is objected to by any Senator, whether the paper shall be read shall be determined by a vote of the Senate, without debate.
However, during the consideration of any bill appropriating money, any paper or document directly concerning the bill may be read by the Secretary, any Senator, or any person invited to give evidence under the provisions of Senate Rule 17.
QUORUM AND ABSENTEES.
Rule 46. A majority of the members to which each house is entitled shall constitute a quorum to transact business. A smaller number may adjourn from day to day and compel the presence of its absent members.
(Ga. Const., art. Ill, sec. IV, par. III.)
Rule 47. The power to compel the attendance of Senators, in order to keep or secure a quorum, shall be vested in the President, and to this end he may have the doors of the Senate closed. When the doors are so closed, no Senator shall be allowed to retire from the Senate without first obtaining leave from the Senate.
The Sergeant at Arms of the Senate on order of the President may arrest any absentees and bring them before the Senate when necessary to secure a quorum as aforesaid.
Rule 48. Whenever the result of a vote taken shall disclose the fact that no quorum of the Senate is present, or when the President shall officially state the fact to the Senate, it

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shall be in order for any Senator to make a motion for a call of the Senate. When such motion is made, the President shall state the question as follows: "Shall the motion for the call of the Senate prevail?" and if five of the Senators present shall vote in the affirmative, the President shall order the Secretary to call the roll of Senators, and the absentees shall be noted. The doors shall then be closed, after which the names of the absentees shall again be called. Those who do not appear, and who are absent without leave, may, by order of the majority of the Senators present, be sent for and arrested wherever they may be found by officers to be appointed by the Sergeant at Arms for that purpose, and their attendance secured, and the Senate shall determine upon what conditions they shall be discharged.
Rule 49. Upon the call of the Senators, ordinary and extraordinary, the names of the absentees shall be noted by the Secretary, and shall appear upon the Journal with a notation of those previously excused.
DEBATE AND DECORUM.
Rule 50. When any Senator is about to speak in debate or deliver any matter to the Senate, he shall rise from his seat and respectfully address himself to "Mr. President". The President shall not recognize any Senator unless he shall address himself to the Chair from his seat; provided, that the President shall not put a question or take any other action which would foreclose debate if any Senator, not at his seat, shall signify to the Chair that he wishes to be recognized, and shall immediately proceed to his seat for that purpose.
Any Senator shall be confined to matter in debate and shall not speak more than twice on any subject or more than once until every member choosing to speak shall have spoken.
All individual speeches on bills and resolutions shall be limited to thirty minutes unless extended by a majority of those voting, provided the total vote constitutes a quorum; and on all points of personal privilege individual speeches shall be limited to ten minutes.
If any Senator, in speaking or otherwise, transgresses the Rules of the Senate, the President shall call him to order, in which case said Senator shall immediately sit down, unless permitted to explain. The Senate shall, if appealed to, decide whether to confirm the President's action. If the transgressor refuses to submit to the decision of the Senate, for the first offense he shall be reproved; for the second he shall be fined in a sum not exceeding ten dollars; and if he continues refractory, he may be expelled from the Senate by a two-thirds vote of the Senators, which vote shall be taken by Yeas and Nays.
When the Senate is in session, Senators shall conduct themselves at all times with dignity and in a manner to insure decorum in the deliberations of the body and shall be called to order by the President for activities to the contrary, including unnecessary conversation and inappropriate dress.
There shall be no smoking, eating, or reading of newspapers and other materials not pertinent to legislation in the Senate Chamber while the Senate is in session. While any Senate committee is meeting, there shall be no eating or reading of newspapers in the meeting room.
Rule 51. Each House shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior or misconduct by censure, fine, imprisonment, or expulsion; but no member shall be expelled except by a vote of two-thirds of the members of the house to which such member belongs.
(Ga. Const., art. Ill, sec. IV, par. VII.)
Rule 52. If any Senator shall be called to order for words spoken, the words excepted to shall be taken down in writing by the Secretary and read. The words excepted to shall then be admitted, denied, or explained by the Senator who spoke them. Thereupon the questions of order shall be decided and such other proceedings taken as the Senate may deem proper in regard thereto. Provided, that if, at the time, the Senate is acting under the previous question, such question of order, and other proceedings referred to, shall not be taken up for decision until after the previous question and the main question have been disposed of, or until such future time as may then be ordered by the Senate. But no Senator shall be held

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to answer or be subject to the censure of the Senate for words spoken in debate if any other Senator has spoken, or other business has intervened before the exception to the words was taken.
Rule 53. No Senator shall address the Senate, or interrogate a Senator who is speaking, except through the President. Should the Senator speaking decline to be interrupted, the President shall cause the Senator desiring to interrogate to be silent.
Rule 54. No Senator shall refer in debate to any private conversation had with another Senator.
Rule 55. The Senators in speaking shall avoid calling other Senators by name when they may have occasion to take notice of their observations, but may designate them by their position on the floor or by the district they represent.
Rule 56. The members of both Houses shall be free from arrest during sessions of the General Assembly, or committee meetings thereof, and in going thereto or returning therefrom, except for treason, felony, or breach of the peace. No member shall be liable to answer in any other place for anything spoken in either house or in any committee meeting of either house.
(Ga. Const, art. Ill, sec. IV, par. IX.)
Rule 57. The members of the Senate shall refrain from private conversation and preserve silence until a speaking Senator has taken his seat.
Rule 58. No person shall pass between the Chair and a Senator while he is speaking. At the time of adjournment no Senator shall leave his seat until the President retires.
PROTEST AND APPEAL.
Rule 59. All appeals from the decisions of the Chair shall be made immediately, and no appeal shall be in order after other business has intervened from the time of the alleged error of the Chair and before said appeal is sought.
Rule 60. On all appeals on questions of order of a personal character there shall be no debate.
Rule 61. Any Senator may have entered on the Journal a protest in writing against the action of the Senate. Said protest shall clearly and succinctly set forth the grounds of such protest. It shall not impugn the motive of the Senate or of any members thereof.
MOTIONS.
Rule 62. When any subject is before the Senate for consideration, or under debate, no motion shall be received except the following, to-wit:
1st. A motion to adjourn. 2nd. A motion to lay on the table. 3rd. A motion for the previous question. 4th. A motion to adjourn to a time definite. 5th. A motion to indefinitely postpone. 6th. A motion to postpone to a day certain. 7th. A motion to commit. 8th. A motion to amend. 9th. A motion to print.
Said motions shall have precedence in the order named.
Rule 63. After a motion is stated by the President, or read by the Secretary, it shall be deemed to be in the possession of the Senate, but may be withdrawn by unanimous consent at any time before decision.
Rule 64. A motion made by any Senator need not be seconded.
Rule 65. No Senator may make more than one motion at a time. While the motion is

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being put to the Senate he must resume his seat, and he is not entitled to the floor again unless recognized again by the President.
Rule 66. No Senator shall, after debating any question, and before yielding the floor, be allowed to submit any motion, the effect of which shall be to prevent further debate.
Rule 67. No Senator shall be allowed to address himself to any question, and then move to table the bill, resolution, or motion, or move the previous question thereon, without relinquishing the floor.
ADJOURNMENT.
Rule 68. A motion to adjourn may be made at any time when the movant can legitimately obtain the floor.
Rule 69. A motion to adjourn may be made after the motion for the previous question has been sustained. But when the Senate has voted that the "main question shall be now put", no motion to adjourn is in order, nor shall any motion to adjourn be in order after the Secretary has called the first name of the Yeas and Nays, and a vote of one Senator has been given, or after the electronic roll call system is unlocked for voting, or after a division of the Senate has been had on a vote and the vote is in process of being counted and announced.
Rule 70. A motion to adjourn is in no instance debatable, nor shall said motion be made a second time until further progress has been made in the business before the Senate. A motion to adjourn in its simple form shall not be amended.
Rule 71. A motion to adjourn to a particular day, if made when the Senate is not actually engaged in other business, is debatable, and is amendable as to the day or time proposed.
Rule 72. When a motion to adjourn in its simple form prevails, it adjourns the Senate to the next sitting day or time in course.
Rule 73. Whenever the hour of adjournment, as fixed by a prior resolution, shall arrive while the vote of the Senate is being taken by Yeas and Nays, the session shall continue until the final vote is taken and announced. If said fixed hour of adjournment shall arrive while the Senate is acting on the main question, after a motion for the previous question has been sustained, and before the vote on the main question is being taken, either by a division or by the Yeas and Nays, as aforesaid, the Senate shall stand adjourned by virtue of said prior resolution.
Rule 74. Neither House shall adjourn during a regular session for more than three days or meet in any place other than the state capitol without the consent of the other. Following the fifth day of a special session, either house may adjourn not more than twice for a period not to exceed seven days for each such adjournment. In the event either house, after the thirtieth day of any session, adopts a resolution to adjourn for a specified period of time and such resolution and any amendments thereto are not adopted by both houses by the end of the legislative day on which adjournment was called for in such resolution, the Governor may adjourn both houses for a period of time not to exceed ten days.
(Ga. Const, art. Ill, sec. IV, par. Kb).)
Rule 75. (a) The Senate and House of Representatives shall organize each odd-numbered year and shall be a different General Assembly for each two-year period. The General Assembly shall meet in regular session on the second Monday in January of each year, or otherwise as provided by law, and may continue in session for a period of no longer than 40 days in the aggregate each year. By concurrent resolution, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening. Separate periods of adjournment may be fixed by one or more such concurrent resolutions.
(b) If an impeachment trial is pending at the end of any session, the House shall adjourn and the Senate shall remain in session until such trial is completed.

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(Ga. Const., art. Ill, sec. IV, par. I(a), (c).)
TABLING.
Rule 76. A motion to lay on the table may be made after the motion for the previous question has been sustained; but, when the Senate has voted that the "main question shall be now put", no motion to lay on the table is in order.
Rule 77. Nothing may be legitimately laid on the table excepting what may be taken up again.
Rule 78. No motion to lay an amendment on the table shall be in order.
Rule 79. Neither the motion to lay on the table nor the motion to take from the table is debatable or amendable.
Rule 80. A motion to lay on the table or to take from the table may be renewed from time to time when new business has intervened.
Rule 81. If the motion to lay on the table prevails, it removes from the consideration of the Senate the measure, together with all the amendments attached to it at the time it is so removed.
When the proposition is taken from the table, it stands before the Senate in the exact form, with all the amendments pertaining to it, that it did at the time the motion to lay on the table prevailed.
Any bill or resolution taken from the table shall take its place at the foot of the calendar of bills then in order for a third reading.
Rule 82. A majority of a quorum voting may take from the table at any time when the Senate is not engaged on any other measure, any bill, resolution, or paper which has been ordered to lie on the table.
INDEFINITE POSTPONEMENT.
Rule 83. While the motion to indefinitely postpone takes precedence over a motion to postpone to a day certain, or to commit or to amend, yet this motion cannot be applied to said motions, nor can it be applied to incidental questions, such as questions of order, reading of papers, withdrawal of a motion, and suspension of a rule.
Rule 84. The motion to indefinitely postpone lays open the whole question for debate, but the motion cannot be amended.
Rule 85. No motion to indefinitely postpone shall be renewed on any bill, resolution, or other measure after the same has once been voted down.
Rule 86. When a bill, resolution, or other measure is under consideration on the final reading thereof, a motion to indefinitely postpone, if decided in the affirmative by a majority of those voting, provided the total vote constitutes a quorum, thereby disposes of said bill, resolution, or other measure.
POSTPONEMENT.
Rule 87. A motion to postpone to a day certain cannot be applied to subordinate or incidental questions, but only to the whole measure. It is amendable by substituting one day for another. If a day proposed is known to be beyond the limits of the session, the motion shall be treated as one to indefinitely postpone.
Rule 88. On a motion to postpone a question to a day certain it is not in order to debate the merits of the question. Debate may be allowed, but it shall be confined strictly to the proposition to postpone and to show why one day is preferred to another. This motion cannot be renewed or made a second time to the same measure on the same day.
No motion shall be in order to postpone a bill or resolution on the daily or rules calendar until the bill or resolution has been read a third time.
Any bill or resolution postponed to a day certain shall take its place at the bottom of

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the Calendar under which the Senate is operating on the day to which it was postponed; except after the nineteenth day of any regular session, a bill or resolution postponed for the second time shall be placed on the General Calendar for the day to which it was postponed.
COMMITMENT.
Rule 89. Motions to commit may be made to refer a bill, resolution, or other measure to a standing or special committee, or Committee of the Whole Senate.
No motion shall be in order to commit a bill or resolution on the General or rules calendar until the bill or resolution has been read a third time.
Rule 90. A motion to commit to a standing committee takes precedence over a motion to commit to a special committee, and shall be first voted on. If a motion is made that a bill, resolution, or other measure be committed to the Committee of the Whole Senate, this motion shall be put before either of the above named motions.
Rule 91. On a motion simply to commit to a committee or to withdraw a bill or resolution from one committee and commit to another, the movant shall be allowed three (3) minutes to explain his motion and one Senator shall be allowed three (3) minutes to oppose the motion. However, where instructions are added, the merits of the question may be debated.
No motion to withdraw a bill or resolution from one committee and commit to another shall be in order except at the time provided for in order of business (Rule 28 No. 14).
Rule 92. A motion to commit may be amended by adding instructions, or by substituting another committee for the one named by the Senator making the motion.
Rule 93. Any proposition that has been referred to any committee, either standing or special, may, on motion, be committed to the same or any other committee by a majority of those voting, provided the total vote constitutes a quorum.
RECONSIDERATION.
Rule 94. When the Journal of the preceding day shall be read, it shall be in the power of any Senator to move for reconsideration of any matter therein contained, except such matter that has been previously reconsidered or transmitted to the House of Representatives.
Before any action can be reconsidered, notice of intention to so move must be given to the Senate during the legislative day on which the action sought to be reconsidered took place. The notice cannot be withdrawn and any Senator can move for reconsideration the following legislative day.
No bill or resolution shall be transmitted to the House on the day of passage thereof unless two-thirds of the Senators voting, provided the total vote constitutes a quorum, shall so order. Provided, during the last three legislative days of any regular session, any bill, resolution or other matter which requires action by the House shall be immediately transmitted to the House by the Secretary. The Secretary shall also immediately transmit all Senate Bills and Resolutions requiring House action on the thirty-third (33rd) legislative day after any notice to reconsider is disposed of.
A notice of motion to reconsider a bill or resolution shall take precedence over a motion to transmit and shall have the effect of defeating the motion to transmit; except on the thirty-third (33rd) day and during the last three (3) days of any regular session, 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.

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Rule 95. The action of the Senate upon an amendment may be reconsidered at any time before final action upon the section, bill, or resolution to which it relates.
Rule 96. No matter shall be reconsidered more than once.
Rule 97. All bills and resolutions reconsidered shall take their place at the foot of the calendar of bills then in order for a third reading; however, during the last twenty-one (21) legislative days of each session, a reconsidered bill or resolution which was passed or adopted shall take its place at the foot of the Rules Calendar, and a reconsidered bill or resolution which was defeated shall be placed on the General Calendar.
ENACTMENT.
Rule 98. The President shall not recognize any Senator at any time for the purpose of asking unanimous consent to place any general bill on its passage out of its regular order. Neither shall he recognize any request for unanimous consent for the introduction of new matter, to read any bill or resolution the second time, or to place any local bill or resolution on its passage. The President shall entertain but one unanimous consent at one time.
Rule 99. Any bill or resolution may be withdrawn at any stage thereof by consent of the Senate.
Rule 100. The engrossed copies of all bills and of all resolutions intended to have the effect of law passed by either house of the General Assembly shall be preserved by the Secretary of the Senate and the Clerk of the House of Representatives and deposited in the office of the Secretary of State. The enrolled copies of all bills and of all resolutions intended to have the effect of law, which, when signed by the Governor, become enrolled Acts, shall be deposited in the office of the Secretary of State. The Secretary of State shall provide for the publication of such Acts.
(O.C.G.A. 28-1-11)
Rule 101. All Acts and resolutions shall be signed by the President and Secretary and all writs, warrants, and subpoenas issued by order of the Senate shall be signed by the President and attested by the Secretary.
Rule 102. All Acts shall be signed by the President of the Senate and the Speaker of the House of Representatives.
(Ga. Const, art. Ill, sec. V, par. X.)
Rule 103. Each House shall keep and publish after its adjournment a journal of its proceedings. The original journals shall be the sole, official records of the proceedings of each house and shall be preserved as provided by law. The General Assembly shall provide for the publication of the laws passed at each session.
(Ga. Const, art III, sec. V, par. I.)
Rule 104. No bill or resolution intended to have the effect of law which shall have been rejected by either house shall again be proposed during the same regular or special session under the same or any other title without the consent of two-thirds of the house by which the same was rejected.
(Ga. Const, art III, sec. V, par. XII.)
INTRODUCTION AND READING.
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 in the office of the Secretary before 12:00 noon on the previous day.
No general bill or resolution having the effect of law shall be introduced or read the first time and referred to any committee after the thirty-third (33rd) day of any regular session. The provisions of this paragraph shall in no case be suspended except by a twothirds (%) vote of the members to which the Senate is entitled, and any such motion shall

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be submitted in writing to the Senate and referred to the Committee on Rules and reported upon by the Committee before being submitted to the Senate.
Rule 106. To introduce a bill or resolution a member shall file an original and one copy with the Secretary. All original bills and resolutions shall be typed or printed, but the copy may be duplicated.
All bills and resolutions shall have the name of the Senator or Senators introducing the same, as well as the district or districts represented, endorsed in black ink on the back. There shall also appear on the back, the title or a brief summary thereof.
The copy shall be retained by the Secretary, subject to use for information; but the original bill or resolution shall be for the exclusive use of the Senate and the committee to which it is assigned and shall be the official bill or resolution of the Senate, and shall not be subject to any other use.
Rule 107. No bill shall pass which refers to more than one subject matter or contains matter different from what is expressed in the title thereof.
(Ga. Const., art. Ill, sec. V, par. III.)
Rule 108. No law, or section of the Code shall be amended or repealed by mere reference to its title or to the number of the section of the Code; but the amending or repealing Act shall distinctly describe the law or Code Section to be amended or repealed as well as the alteration to be made.
(Ga. Const, art. Ill, sec. V, par. IV.)
Rule 109. No local bill shall become law unless notice of the intention to introduce such bill shall have been advertised in the newspaper in which the sheriffs advertisements for the locality affected are published one time before the bill is introduced. Such advertisement must be not more than 60 days prior to the convening date of the session at which the bill is introduced. After the advertisement has been published the bill may be introduced at any time during that session unless the advertisement is published during the session, in which event the bill may not be introduced before Monday of the calendar week following the week in which the advertisement is published. A copy of the notice as it was advertised and an affidavit stating that the notice has been published as provided by this Code section shall be attached to the bill and shall become a part of the bill. Such affidavit may be made by the author of the bill or by the publisher of the newspaper in which the notice was advertised or by an employee of the newspaper designated by the publisher.
(O.C.G.A. 28-1-14.)
Rule 110. The Secretary shall, as soon as possible after any bill or resolution of general application is filed in his office, cause the same to be printed and a copy thereof distributed to each member forthwith. Whenever any such bill or resolution of general application shall be reported back by the committee to which it was referred with the recommendation that it do pass as amended, the Secretary shall cause the recommended amendments to be printed and copies thereof distributed to each member. No bill or resolution of general application shall be placed on its passage unless copies of the same and any committee amendments shall have been printed and distributed to the Senator prior to consideration for passage. The Senate may at any time by the vote of a majority of those voting, provided the total vote constitutes a quorum, suspend action upon any pending bill or resolution of general application until all amendments offered thereto on the floor of the Senate shall have been printed and distributed to the Senators.
Rule 111. All bills and resolutions shall be called in the numerical order in which they stand on the calendar. No general Senate bill or resolution having the effect of law shall be read the third time and put upon its passage or adoption after the thirty-third (33rd) day of any regular session. No general House bill or resolution having the effect of law shall be read the third time and put upon its passage or adoption after the thirty-ninth (39th) day of any regular session. The provisions of this paragraph shall in no case be suspended except by a two-thirds (%) vote of the members to which the Senate is entitled, and any such motion

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shall be submitted in writing to the Senate and referred to the Committee on Rules and reported upon by the Committee before being submitted to the Senate.
Before reading any bill or resolution the second or third time, the Secretary shall distinctly state its number and the name of the Senator by whom introduced. Provided, that the General Appropriations Bill shall have precedence on third reading over all other matters, even Special Orders, until final disposition of the said Bill.
Rule 112. The title of every general bill and of every resolution intended to have the effect of general law or to amend this Constitution or to propose a new Constitution shall be read three times and on three separate days in each house before such bill or resolution shall be voted upon; and the third reading of such bill and resolution shall be in their entirety when ordered by the presiding officer or by a majority of the members voting on such question in either house.
(Ga. Const., art. Ill, sec. V, par. VII)
Rule 113. (a) The General Assembly may provide by law for the procedure for considering local legislation. The title of every local bill and every resolution intended to have the effect of local law shall be read at least once before such bill or resolution shall be voted upon; and no such bill or resolution shall be voted upon prior to the second day following the day of introduction.
(Ga. Const., art. Ill, sec. V, par. VIII)
(b) As used in this Rule (113(b)), the term "local bill" means any bill for which a notice of intention to introduce a local bill has been advertised as provided for in Code Section 281-14, (Senate Rule 109), and every resolution intended to have the effect of local law. The term "local bill" shall not include any bill listed in paragraphs (1) through (6) of subsection (c) of Code Section 28-1-15, relating to population bills.
Upon its introduction, the number, authors, and title to each local bill or resolution shall be read, and the bill shall be referred to the standing Committee on Urban & County Affairs. Upon the favorable report of the committee to which the local bill was referred, the bill shall be placed on a Local Consent Calendar, but not before the second day after introduction.
All local bills on the Local Consent Calendar, which must be placed on each Senator's desk at least one hour before the time of convening, shall be put to the Senate for a vote on the electronic roll call system as a group at the time provided in the order of business, (Senate Rule 28, No. 15), and the question shall be whether all bills on the Local Consent Calendar shall pass.
Before the time the Local Consent Calendar is put to a vote, if three members of the Senate, one of whose district is directly affected, object (in writing on forms furnished by the Secretary) to the inclusion of any local bill on the Local Consent Calendar, the local bill on which the objection is made shall then be placed on the Calendar for "Local Contested Bills" which is next in the order of business (Senate Rule 28, No. 16).
The number, authors, and title of each bill on the Local Contested Calendar shall be read, considered and voted on as provided in the rules for general legislation, except that the proponents and opponents shall each be limited to ten (10) minutes.
Rule 114. Any General bill or resolution shall be automatically passed to a second reading on the legislative day following that day the bill or resolution shall be reported by the committee to which it was referred. Except that after the thirty-fifth (35th) day of any regular session, every bill and 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. No debate shall be admitted upon any bill at the first or second reading.
USE OF COMMITTEES.
Rule 115. Upon the introduction of any bill or resolution or other matter, requiring

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reference to a committee, the President shall as a matter of course and without debate refer the same to the proper committee, unless otherwise ordered by the Senate.
Rule 116. No Committee of the Whole or other committee shall deface or interline a bill, resolution, or other paper referred to said committee, but shall report any amendment recommended, on a separate paper, noting the section, page, or line to which said amendment relates.
Rule 117. All reports of a committee shall be in writing, and the minority of a committee may make a report in writing, setting forth succinctly the reasons for their dissent.
Rule 118. If the report of a committee is favorable to the passage of a General bill or resolution, the same shall be given a second reading without question, and any Local bill or resolution shall be placed on the Local Consent Calendar. If the report of a committee is adverse to the passage of a bill or resolution, in order to have a second reading thereof, or be placed on the Local Consent Calendar, a Senator must give notice of intention to move to disagree with such adverse committee report by not later than adjournment of the next legislative day following the unfavorable committee report. In such case the bill or resolution shall be placed on the calendar. The question shall be upon agreeing to the report of the committee. If the report of the committee is agreed to, the bill or resolution shall be lost. If the report of the committee is disagreed to, the General bill or resolution shall be passed to a second reading, and the Local bill or resolution shall be placed on the Local Consent Calendar.
Rule 119. When a bill or resolution, favorably reported by a committee is on its third, or last reading, if the report of the committee is disagreed to by the Senate, the bill or resolution shall be lost, unless the action of the Senate in disagreeing to the committee report is reconsidered, within the proper time.
Rule 120. When a bill or a resolution has been referred to and reported by more than one committee or has been reported by and then committed to the same committee, the last committee report shall be acted on by the Senate; and in all cases the report of the Committee of the Whole Senate shall be first acted on by the Senate.
COMMITTEE OF THE WHOLE.
Rule 121. The Senate may resolve itself into a Committee of the Whole by a majority of those voting, provided that the total vote constitutes a quorum, on motion of a member made for that purpose; provided further, that notice of intention to make such motion shall be given during the session of the preceding day. Individual speeches on such motion shall be limited to three minutes. If such notice shall not have been given, the motion shall prevail if it shall receive the affirmative votes of two-thirds of those voting; provided, that the two-thirds shall constitute a majority of all the members elected to the Senate. Provided further, that whenever the Senate, by its own vote, shall commit any bill or resolution to the Committee of the Whole, and, subsequently, a motion shall be made to resolve the Senate into a Committee of the Whole to consider such bill or resolution, and such motion shall be lost, the said motion shall not be again renewed; but it shall be the duty of the President to require the Secretary to read the bill or resolution again at the following day's session under the order of introduction of new matter or reading of bills the first time, and to refer such bill or resolution to the appropriate committee, unless otherwise ordered by the Senate.
Rule 122. In forming a Committee of the Whole the President shall leave the Chair, and a Chairman to preside in Committee shall be appointed by the President.
Rule 123. The Committee of the Whole shall not proceed with the business before it whenever a vote on any question shall disclose the fact that no quorum of the Senate is present. Whenever it is suggested that a quorum is not present, the Chairman of the Committee shall satisfy himself of the fact by actual count of the Committee, and shall report the same to the Committee; and the Chairman shall, on his own motion, order that the Committee immediately rise, and he shall report the fact of the absence of a quorum to the Senate.

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Rule 124. In the Committee of the Whole, bills shall be first read throughout by the Secretary, and then again be read or debated by clauses, or sections, leaving the preamble to be last considered, unless otherwise ordered.
Rule 125. The Rules of the Senate shall be observed by the Committee of the Whole, so far as they may be applicable, except that the Committee of the Whole cannot refer a matter to any other committee; it cannot adjourn; the previous question cannot be enforced; a motion to lay on the table or indefinitely postpone shall not be in order; a member may speak as often as he may obtain the floor; no call of the Senate shall be in order; and no votes shall be taken by yeas and nays.
Rule 126. A motion to reconsider shall be in order in the Committee of the Whole.
Rule 127. In the Committee of the Whole all members shall vote on all questions before the Committee, unless excused therefrom.
Rule 128. While in the Committee of the Whole any papers in the possession of the Senate may be called for by any member, and read by the Secretary for the information of the Committee, unless the Committee shall otherwise order.
Rule 129. The Chairman of the Committee of the Whole shall have power to have the galleries or lobbies cleared in case of any disorderly conduct therein.
Rule 130. A Committee of the Whole cannot punish disorderly conduct of its members, but must report the same to the Senate for action thereon.
Rule 131. If, at any time in the Committee of the Whole, it shall be desired to close the debate, or to limit the time to be allowed members for speaking, the Committee may rise and report its desire to the Senate, and the Senate shall take such action thereon as it may see fit, by a resolution. Said resolution shall apply only to the subject matter before said Committee. When said resolution has been agreed to or refused by the Senate, the action of the Senate shall be deemed the sense of the Committee, and the Senate may then, on motion, again resolve itself into a Committee of the Whole and continue the consideration of the subject.
Rule 132. In the event that a Committee of the Whole at any sitting, for want of time, shall fail to complete any matter under consideration, it may, on motion, at any time, rise, report progress, and have leave to sit again, generally, or at a day certain.
Rule 133. A motion "that the Committee rise, report progress, and ask leave to sit again" may be made at any time, when the movant thereof can legitimately obtain the floor, and shall take precedence over all other motions, and shall be decided without debate. When the motion prevails, the Committee shall immediately rise. When the regular hour for adjournment of the Senate arrives, the Committee shall automatically rise, and the President shall assume the Chair.
Rule 134. When the Committee of the Whole has disposed of bills, resolutions, or other measures before it, by motion and question, it shall arise, and the Chairman shall be instructed to report the action of the Committee to the Senate. At this point the President shall resume his seat, and the Chairman shall return to the floor and shall state in substance as follows: "Mr. President, the Committee of the Whole Senate has had under consideration (naming what) and has instructed me, as its Chairman, to report the same back to the Senate, with the recommendation that the same 'do pass' or 'do pass as amended', or 'do not pass'," as the case may be.
The President shall receive this report and repeat the same, and the matter shall then be before the Senate for action, just as though reported by any other committee.
Rule 135. Amendments offered to an amendment in the Committee of the Whole shall not be reported to the Senate, but the report shall contain only the result of the Committee's action on the bill, resolution, or measure under its consideration.
Rule 136. Amendments proposed by the Committee of the Whole may be amended or

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rejected by the Senate, and matters stricken out by the Committee may be restored by the Senate.
Rule 137. The proceedings of the Committee of the Whole shall not be recorded in the Journal of the Senate, except so far as reported to the Senate by the Chairman of said Committee.
AMENDMENT.
Rule 138. There are three ways in which a proposition may be amended, to-wit:
1st. By inserting or adding. 2nd. By striking out. 3rd. By striking out and inserting.
An amendment is itself subject to be amended, in all three of the ways above mentioned, but it is not permissible to amend an amendment to an amendment.
Rule 139. A substitute shall be treated as an amendment in these Rules unless it is clearly indicated otherwise. Provided, however, for the purpose of amending a Senate substitute, a substitute shall not be treated as an amendment.
Rule 140. All motions to amend any matter before the Senate must be in writing. They must plainly and distinctly set forth the amendment desired and the part of the bill or resolution where said amendment shall be inserted or added.
Rule 141. Any irrelevant amendment or amendment obviously offered for the purpose of delay shall be ruled out of order by the President.
Rule 142. Where blanks occur in any proposition, they must be filled first before any motion is made to amend.
Rule 143. When a bill or resolution is before the Senate for consideration, and amendments are pending thereto, and a substitute shall be offered for said bill or resolution, and an amendment shall be offered to said substitute, it shall be in order for the Senate to perfect first the original bill or resolution, and then perfect the substitute. The question before the Senate shall be on agreeing to the substitute as amended, if it be amended; and, if decided in the affirmative, the question shall be: "Shall this bill pass", or "resolution be adopted", as the case may be, "by substitute".
However, when the Senate adopts a substitute to any bill or resolution other than one offered by the committee from which the bill was last reported, passage of the bill shall be suspended at that time. The bill shall then be placed at the top of the General Calendar of the next meeting day of the Senate, at which time the previously adopted substitute shall stand automatically reconsidered and the substitute and the bill shall be before the Senate for consideration and passage. After the nineteenth (19th) legislative day of any regular session, the adopted substitute and bill shall be placed on the General Calendar, subject to being placed on the Rules Calendar by the Rules Committee. Any amendment offered by a Senator which contains more than three pages or is more than one-half the verbage of the document which it amends (whichever is less) shall be treated as a substitute for the purposes of this paragraph.
Rule 144. When a motion is made to amend by striking out a paragraph, any amendment offered to perfect the paragraph shall be put first before the question is put for striking it out. If a motion be made to strike out a part of a bill or resolution, a motion to amend the part proposed to be stricken out shall have precedence.
Rule 145. No motion on a subject different from that under consideration shall be admitted under color of amendment.
Rule 146. On all questions, whether in committee or in the Senate, the first amendment, the most distant day, and the largest sum shall be first put.
Rule 147. The title of a bill or resolution shall not be considered or amended until the measure has been perfected.

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Rule 148. After referral of a bill, and report thereof to the Senate, it may be amended before the report of the committee is agreed to by the Senate; but the amendments, if any, reported by the committee, shall be disposed of before any other amendment be considered, unless it be an amendment to a committee amendment.
A substitute offered by a committee must be disposed of before any other substitute can be considered. No substitute can be offered to another substitute.
Rule 149. An amendment cannot be offered after the report of the committee to which the bill or resolution under consideration was referred has been agreed to by the Senate, unless said action of the Senate, in so agreeing to said report of said committee, shall first be reconsidered.
Rule 150. When a motion is made to amend by striking out and inserting, the Secretary shall read the paragraph as it is, then the words to be stricken out, and finally the whole paragraph as it would be if amended.
Rule 151. When a proposition consisting of several sections or resolutions is on a final reading, and the Senate shall agree to a motion to consider the same by sections or paragraphs, the Secretary in reading the same shall pause at the end of each section or resolution; and the amendments thereto shall be offered as the several sections or resolutions are read. But the amendments offered by the committee to which said bill or resolution was referred shall be read by the Secretary without any motion being made. When a section or resolution shall have been considered, it is not in order to recur and amend it, unless first reconsidered.
Rule 152. The questions which arise before the Senate respecting amendments by the House to a Senate bill or resolution are, in order of precedence:
1st. A motion to agree to the House amendment. 2nd. A motion to disagree with the House amendment. 3rd. A motion to recede from the Senate's disagreement or amendment. 4th. A motion to insist on the Senate's disagreement or amendment. 5th. A motion to adhere to the Senate's disagreement or amendment.
The President is authorized on his own motion, or upon point of order being made, when in his opinion a House amendment to a Senate bill is not germane, to rule out such amendment. The effect of such ruling of the President, if not appealed from or if appealed from and the appeal not sustained, shall be the same as a vote of the Senate to disagree, and as such the Secretary shall so report it to the House. Such point of order shall take precedence over a motion to agree.
Rule 153. A motion to amend an amendment made by the House to a Senate bill or resolution takes precedence over a motion to agree or disagree to said amendment.
Rule 154. When any bill or resolution which originated in the Senate has been amended in the House, and is before the Senate for action on the House amendment, an amendment may be offered in the Senate to the House amendment; but the Senate amendment to the House amendment cannot be further amended. It must be adopted or voted down.
Rule 155. A House amendment to a Senate bill or resolution must be adopted by the vote required to pass the bill or resolution.
Rule 156. Whenever any member moves that a Committee of Conference be appointed, on disagreeing votes or other matters of the two Houses, and said motion prevails, the President shall appoint three (3) members for the Committee, who voted in the majority on the position assumed by the Senate, if such vote has been had.
The Committee of Conference may consider the whole subject matter embraced in a bill, resolution, or other matter before it, and may recommend recision by either House, new amendments, new bills and resolutions, or other germane changes, unless instructed otherwise by the Senate on motion, before the members of the Conference Committee are appointed.

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A report of a Committee of Conference must be approved by a majority vote of the entire membership of the Committee, before the report may be transmitted to either the Senate or the House.
After a Committee of Conference has been in existence for five (5) days and has failed to make a report to the Senate on the question under consideration, the Senate, on motion and by a majority vote of all members elected to the Senate, may discharge the Senate conferees and appoint new conferees, instruct said Senate conferees, or make any other motion not contrary to the Rules of the Senate. Provided, that during the last five (5) days of the session, the above motions may be made and passed at any time, but not more often than every three (3) hours.
All Conference Committee reports shall be printed and distributed to the Senators one hour prior to consideration of the same, except that after the thirty-ninth (39th) day of any regular session the same may be dispensed with by a two-thirds (%) vote of all the members elected to the Senate.
The President is authorized on his own motion, or upon point of order being made, when in his opinion a conference committee report is not germane to the original bill or resolution, to rule out such conference committee report. The effect of such ruling of the President, if not appealed from or if appealed from and the appeal not sustained, shall be the same as a vote of the Senate to reject, and as such the Secretary shall so report it to the House. Such point of order shall take precedence over a motion to adopt.
Any Conference Committee report must be adopted by the vote required to pass the bill, resolution, or matter under consideration.
PREVIOUS QUESTION.
Rule 157. The previous question may be called and ordered upon a single motion, or an amendment, or it may be made to embrace all authorized motions or amendments, and include the entire bill.
Rule 158. Any Senator may call for a division of the question on a subject in which the sense thereof will admit of it.
Rule 159. The Senator calling for a division must state what definite parts, and how many, he would have the question divided into. Each part of the divided proposition must be so distinct that if taken away the remainder can stand by itself as a consistent and entire unit.
Rule 160. The motion for the previous question shall be decided without debate, and shall take precedence over all other motions except motions to adjourn or to lay on the table. When it is moved, the first question shall be, "Shall the motion for the previous question be sustained?". If this be decided by a majority of those voting, provided the total vote constitutes a quorum, the motions to adjourn or to lay on the table, may still be made, but they must be made before the next question, to-wit: "Shall the main question be now put?" is decided in the affirmative. After said last question is affirmatively decided by a majority of those voting, provided that the total vote constitutes a quorum, said motions will be out of order, and the Senate cannot adjourn until the previous question is exhausted, the regular hour of adjournment arrives, or the Senate reconsiders its action.
But no motion to reconsider the action of the Senate in ordering the main question shall be in order after the Secretary has called the first name on call of the Yeas and Nays, and the vote of any member has been given, or after the electronic roll call system is unlocked for voting, or after a division of the Senate has been had on the vote, and the vote is in process of being counted and announced; in such cases the roll call shall be completed, the vote counted, and the result finally announced.
Rule 161. When the previous question has been ordered, the Senate shall then proceed to act on the main question without debate, except that before the main question is put, twenty minutes shall be allowed to close the debate to the committee, whose report of the bill or other measure is under consideration. If the report of the committee is adverse to the

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passage of the bill, or other measure, the introducer of the bill shall be allowed twenty minutes before the time allowed to the committee. The Chairman of the committee, or the introducer of the bill or other measure, may yield the floor to such Senators as he may indicate for the time, or any part of it, allowed under this Rule.
In all cases where a minority report has been submitted on any matter, if the previous question is ordered, there shall be twenty minutes allowed to the member whose name is first signed to said minority report, or to such member or members as he may indicate, for the time so allowed, or any part of it, before the twenty minutes allowed to the Chairman submitting the majority report.
Rule 162. A call of the Senate shall not be in order after the previous question is ordered, unless it shall appear upon an actual count by the President that a quorum is not present.
Rule 163. All incidental questions of order arising after a motion is made for the previous question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate.
Rule 164. The effect of the order that the "main question be now put", is to bring the Senate to a vote on pending questions in the order in which they stood before it was moved.
Rule 165. After the main question has been ordered, a motion to reconsider this action will, if adopted, have the effect to repeal the ordering of both the main question and the previous question, and will leave the pending measure again open to debate and amendment. The motion to reconsider the ordering of the main question can be made only once, and if lost, or if the main question is again subsequently ordered on the pending measure, no second motion to reconsider the ordering of the main question shall be entertained.
VOTING.
Rule 166. No bill shall become law unless it shall receive a majority of the votes of all the members to which each house is entitled, and such vote shall so appear on the journal of each house.
(Ga. Const., art. Ill, sec. V, par. V.)
Rule 167. In the event no specific vote is provided in these Rules for the passage of any Senate amendment, motion or procedural matters and on all other matters not otherwise provided for in these Rules, the vote for passage or adoption thereof shall be a majority of those voting provided the total vote constitutes a quorum.
As to all resolutions not otherwise provided for in these Rules the vote for adoption shall be by a majority of the votes of all the members to which the Senate is entitled.
Rule 168. No Senator shall be permitted to cast his vote on any motion, resolution, amendment, bill, or other question, until the question is put to the Senate by the President by viva voce vote, or division of the Senate, or until after the roll call has begun. No Senator or person shall vote for or attempt to vote for another Senator on any question. Violation of this Rule shall be deemed to be disorderly behavior and subject to punishment as provided by the Constitution and Rules of the Senate. This Rule cannot be suspended by unanimous consent.
Rule 169. The President's method of stating the question on any motion shall be as follows: "All those who favor the motion shall rise, stand and be counted"; after a count is had by the Secretary, he shall call upon the Senators to "Reverse your position", and the President shall announce the result.
Rule 170. When less than a quorum vote on any subject under consideration by the Senate, the President may order the doors of the Senate to be closed and the roll of Senators called by the Secretary, or recorded on the electronic roll call system. If it is ascertained that a quorum is present, either by answering to their names or by their presence in the Senate, the refusal of any Senator present to vote, unless excused, shall be deemed a contempt of the Senate.

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Rule 171. On the final passage of all bills and resolutions having the effect of law, the adoption of all conference committee reports, or any action that would have the effect of finalizing the Senate's action on any general bill or resolution, there shall be a recorded vote. Any Senator or the presiding officer may call for a division on any matter before the Senate, and the presiding officer may order a roll call or any Senator may call for the Yeas and Nays; if the call for the Yeas and Nays is sustained by five (5) of the members voting, the vote shall be taken by the Yeas and Nays and so entered on the Journal. A motion for the call of the Yeas and Nays shall be decided without debate.
Rule 172. In all instances where the Rules, statutes or Constitution provide for the Yeas and Nays or a roll call, the electronic roll call system shall be used except upon elections. The system shall be set so that it automatically locks and records the vote sixty (60) seconds after it is activated. When the presiding officer ascertains that the electronic roll call system is inoperative, he shall order the Secretary to call the roll viva voce and the votes recorded.
The official roll call shall be printed by the electronic roll call system, and shall never in any way be altered or the votes recorded thereon changed.
When the electronic roll call system is used, the voting procedure shall be: after the main question is put, the presiding officer shall state, "The question is on (designating the matter to be voted upon), all in favor vote Yea, and all opposed, Nay; the Secretary will unlock the machine"; after the machine is electronically locked and records the vote, he shall announce the vote and declare the results.
Rule 173. On the call of the Yeas and Nays, the Secretary shall read the names of the Senators after they have been called, and no Senator shall be permitted to change his vote, unless he at that time declares that he voted under a mistake of the question. When the electronic roll call system is used, this Rule shall be inoperative.
When the electronic roll call system is used, no verification of the roll call is required, but when the roll call is taken viva voce, it shall be verified unless suspended by unanimous consent.
Rule 174. A motion to excuse a Senator from voting must be made before the Senate divides, or before the roll call is commenced, and it shall be decided without debate, except that the Senator making the motion may briefly state the reason why, in his opinion, it should prevail.
All Senate Conference Committee members shall be excused from voting during meetings of the Conference Committee. The excuse shall be entered in the Journal if the chairman notifies the Secretary of the actual time of the meeting before leaving and after returning to the Chamber.
Rule 175. No Senator shall vote upon any question if the Senator or any member of the Senator's immediate family has a direct pecuniary interest in the result of such vote which interest is distinct, unique or peculiar to the Senator or the Senator's immediate family.
In every case where the seat of a Senator is being contested, the sitting Senator and the contestant shall both retire from the Senate before the vote is taken.
Rule 176. No pairing of members shall be recognized or allowed as an excuse for not voting.
Rule 177. No member shall be permitted to explain his vote during a roll call; however, on all questions, except such as are not debatable, any Senator shall be permitted to explain his vote by reducing his explanation to writing in no more than two hundred-fifty (250) words. The writing shall not impugn the motives of any other Senator, and if filed with the Secretary before the confirmation of the Journal on the day next succeeding such vote, shall be entered on the Journal of that day.
Rule 178. During a roll call on any question no debate shall be had.
Rule 179. The yeas and nays in each house shall be recorded and entered on the journal upon the passage or rejection of any bill or resolution appropriating money and whenever

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the Constitution requires a vote of two-thirds of either or both houses for the passage of a bill or resolution.
(Ga. Const, art. Ill, sec. V, par. VI.)
Rule 180. In either house, when ordered by the presiding officer or at the desire of onefifth of the members present or a lesser number if so provided by the rules of either house, a roll-call vote on any question shall be taken and shall be entered on the journal.
(Ga. Const., art. Ill, sec. V, par. VI.)
Rule 181. Whenever on any question the Yeas and Nays shall have been ordered, the Secretary shall also enter on the Journal the names of those members not voting.
GOVERNOR'S ACTION.
Rule 182. All bills and all resolutions which have been passed by the General Assembly intended to have the effect of law shall become law if the Governor approves or fails to veto the same within six days from the date any such bill or resolution is transmitted to the Governor unless the General assembly adjourns sine die or adjourns for more than 40 days prior to the expiration of said six days. In the case of such adjournment sine die or of such adjournment for more than 40 days, the same shall become law if approved or not vetoed by the Governor within 40 days from the date of any such adjournment.
During sessions of the General Assembly or during any period of adjournment of a session of the General Assembly, no bill or resolution shall be transmitted to the Governor after passage except upon request of the Governor or upon order of two-thirds of the membership of each house. A local bill which is required by the Constitution to have a referendum election conducted before it shall become effective shall be transmitted immediately to the Governor when ordered by the presiding officer of the house wherein the bill shall have originated or upon order of two-thirds of the membership of such house.
The Governor shall have the duty to transmit any vetoed bill or resolution, together with the reasons for such veto, to the presiding officer of the house wherein it originated within three days from the date of veto if the General Assembly is in session on the date of transmission. If the General Assembly adjourns sine die or adjourns for more than 40 days, the Governor shall transmit any vetoed bill or resolution, together with the reasons for such veto, to the presiding officer of the house wherein it originated within 60 days of the date of such adjournment.
During sessions of the General Assembly, any vetoed bill or resolution may upon receipt be immediately considered by the house wherein it originated for the purpose of overriding the veto. If two-thirds of the members to which such house is entitled vote to override the veto of the Governor, the same shall be immediately transmitted to the other house where it shall be immediately considered. Upon the vote to override the veto by two-thirds of the members to which such other house is entitled, such bill or resolution shall become law. All bills and resolutions vetoed during the last three days of the session and not considered for the purpose of overriding the veto and all bills and resolutions vetoed after the General Assembly has adjourned sine die may be considered at the next session of the General Assembly for the purpose of overriding the veto in the manner herein provided. If either house shall fail to override the Governor's veto, neither house shall again consider such bill or resolution for the purpose of overriding such veto.
The Governor may approve any appropriation and veto any other appropriation in the same bill, and any appropriation vetoed shall not become law unless such veto is overridden in the manner herein provided.
(Ga. Const, art. Ill, sec. V, par. XIII.)
Rule 183. Except as otherwise provided in this Constitution, before any bill or resolution shall become law, the Governor shall have the right to review such bill or resolution intended to have the effect of law which has been passed by the General Assembly. The Governor may veto, approve, or take no action on any such bill or resolution. In the event

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the Governor vetoes any such bill or resolution, the General Assembly may, by a two-thirds' vote, override such veto as provided in Article III of this Constitution.
(Ga. Const, art. V, sec. II, par. IV.)
Rule 184. No provision in this Constitution for a two-thirds' vote of both Houses of the General Assembly shall be construed to waive the necessity for the signature of the Gover nor as in any other case, except in the case of the two-thirds' vote required to override the veto or to submit proposed constitutional amendments or a proposal for a new Constitution.
(Ga. Const., art. Ill, sec. V, par. XI.)
COMMITTEE ORGANIZATION AND FUNCTION.
Rule 185. The President shall appoint the following standing committees, which shall not exceed the following number of Senators each:
AGRICULTURE -- 7 APPROPRIATIONS -- 30 BANKING AND FINANCE -- 14 CHILDREN AND YOUTH -- 5 CONSUMER AFFAIRS -- 5 CORRECTIONS -- 8 DEFENSE AND VETERANS AFFAIRS -- 5 ECONOMIC DEVELOPMENT AND TOURISM -- 11 EDUCATION -- 13 GOVERNMENTAL OPERATIONS -- 9 HIGHER EDUCATION -- 8 HUMAN RESOURCES - 12 INDUSTRY AND LABOR -- 9 INSURANCE -- 8 INTERSTATE COOPERATION -- 5 JUDICIARY -- 9 NATURAL RESOURCES -- 14 PUBLIC SAFETY -- 6 PUBLIC UTILITIES -- 5 REAPPORTIONMENT -- 10 RETIREMENT -- 6 RULES -- 12 SPECIAL JUDICIARY -- 8 TRANSPORTATION -- 12 URBAN AND COUNTY AFFAIRS -- 8
Each Senator shall be appointed to serve on four committees provided for in this Rule and no more; except membership on the Committee on Reapportionment and membership on the Committee on Interstate Cooperation (which is created by law) shall not count as one of the four committees. The Administration Floor Leader shall serve as an Ex Officio mem ber of the Rules Committee without a vote; this membership shall not count as one of his four committees.
The President shall appoint a chairman, a vice chairman and a secretary for all stand ing committees and a chairman of standing subcommittees.
The President may create, in his discretion, within any standing committee, a subcommittee or subcommittees and appoint the membership and officers thereof. Nothing herein contained shall be construed to limit the authority of the standing committees or the officers thereof.
Once a Senator is appointed to a standing committee, he shall never be removed there from during his term of office, unless that Senator so requests.

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In addition to the standing committees created by this Rule, there shall be a Committee on Senate Administrative Affairs composed of the President of the Senate, the President Pro Tempore, the Chairman of the Committee on Rules, the Secretary of the Senate, and three members appointed jointly by the President of the Senate, the President Pro Tempore, and the Chairman of the Committee on Rules. This Committee shall have the responsibility of employing, supervising and setting the compensation of all aides, secretar ies and other personnel for the Senate, including the Senate Research and Senate Informa tion offices. The Committee shall supervise the purchase and allotment of supplies for the Senate.
Rule 186. After the announcement of the standing committees, no other Senators shall be placed thereon; except when Senators have been elected to fill vacancies caused by death or resignation from the Senate or by being reassigned at his request. The President may assign any Senator to such committees as have vacancies and may fill any vacancy in the offices of chairman, vice chairman or secretary.
Rule 187. Standing Committees, in order to secure adequate quorums, shall meet at a time and place scheduled and designated by the Senate Administrative Affairs Committee; a list of the committee meetings, stating their time and location, shall be posted by 10:00 a.m. on the Friday preceding the week of the scheduled meetings. A chairman may cancel a meeting by notifying the Secretary of the Senate in writing (on forms provided) no later than twenty-four (24) hours prior to the time of the scheduled meeting. A chairman may request additional meetings in writing directed to the Secretary of the Senate (on forms provided) if the request is made no later than twenty-four (24) hours prior to the time of the meeting requested; the request will be adjudicated by the Senate Administrative Affairs Committee. Prior to the session, the Senate Administrative Affairs Committee shall furnish each Senator a list of all scheduled meetings. There shall be no standing committee meet ings in the Senate Chamber except a scheduled public hearing.
A vice chairman may preside in the absence of the chairman if he obtains a certificate from the President certifying that the chairman is incapacitated or if he is directed in writ ing by the chairman to preside. All certifications or directions shall be recorded in the Sen ate Journal.
No bill shall be reported to the Senate until it has been acted upon by the full standing committee, and all actions of any subcommittee shall be approved or disapproved by the standing committee.
Each standing committee at its first organizational meeting for the term shall set a quorum; however, the quorum shall not be set at less than a majority of the membership of the committee.
The secretary of each standing committee or subcommittee shall keep minutes of the meetings of the committee or subcommittee, as directed by the chairman, and shall see that proceedings of all meetings are reduced to writing. This record shall show the time and place of each meeting of the committee, the attendance of the committee members, and an accurate record of all votes taken. This record shall also include such additional information as the committee shall determine. Committee minutes shall be subject to correction only if authorized by a majority vote of the committee. The committee minutes shall include the number of all bills acted upon, all motions and results, and any appearances by any persons other than members of the committee.
All committee reports shall be prepared under the direction of the chairman and no committee report shall be offered unless signed by the chairman of the committee or the person acting as chairman when the bill was voted upon.
Testimony before the committee may be recorded at the discretion of the committee; however, any additional paid personnel to take testimony must be approved by the Presi dent of the Senate. Transcription of any recorded testimony shall be made or released only upon the written direction of the committee or the Secretary of the Senate when the Senate is not in session.

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The committee shall not vote on any bill until the author or his designee has been given the opportunity to appear and be heard. Each committee shall provide in writing the details for carrying out the provisions of this paragraph.
When a bill or resolution is before the committee for consideration, the following shall be the precedence of the motions: 1. a motion that a bill do pass; 2. a motion that a bill do not pass; 3. a motion to postpone to a time certain; 4. a motion to refer a bill to a subcommittee.
A do pass motion that fails does not automatically give a do not pass recommendation, nor does a do not pass motion which fails give an affirmative recommendation.
Upon the call for the Yeas and Nays, if one-third of the members present sustain the call, the roll call shall be taken and recorded.
The Chairman or the Senator presiding in the place of the Chairman shall not vote unless the committee shall be equally divided or unless his vote if given in the minority will make the division equal. In case the vote is equally divided, the Chairman or the Senator acting in his place must vote.
No member of any committee shall be allowed to vote by proxy or abstain from voting.
All motions in standing committees shall receive a second before being put by the pre siding officer.
Appeals from the ruling of the Chairman shall be in order if seconded. Procedure in committee following an appeal which has been properly seconded shall be the same proce dure followed in the Senate.
The minutes shall show the date and the time the committee convened and adjourned. Any member may file a statement from the chairman of a committee whose meeting he (the committee member) is attending to be included in the roll call portion of the minutes of any other committee meeting held at an overlapping time that he was absent because he was attending another standing committee meeting of which he is a member.
Any member or members of a committee may file a minority report in writing as pro vided in Senate Rule 117.
A committee cannot circumvent the provisions of the rules governing committees by suspending any rule or part thereof.
When these rules are not applicable, the Senate rules shall apply, and when neither apply, the committee shall be governed by acceptable parliamentary procedure.
No standing or interim committee or subcommittee of the Senate shall officially meet at any place within the State where any citizen of the State is denied admittance on the basis of religion, race, creed, nationality, or sex or on property belonging to any private club, organization, or association in which any citizen is denied membership on the basis of reli gion, race, creed, nationality, or sex; except a correctional facility may be exempt if security requirements demand.
In order for local legislation to be favorably reported by the Urban and County Affairs Committee, such legislation must be approved by a majority of the Senators representing the political subdivision affected by such legislation; provided however, if an even number of Senators representing multi-member political subdivisions are equally divided on any local bill or resolution, the legislation shall be considered by the Urban and County Affairs Com mittee on its merits, and the committee must then report the legislation to the Senate with the recommendation that it "do pass" or "do not pass".
For the purpose of determining which Senator or Senators represent a political subdivi sion, the Senator's district must include all or a portion of the geographical area of the political subdivision affected by the local legislation.
Approval of local legislation shall be evidenced by a Senator's signature (last name only) and senatorial district in the designated place on the legislation. Once a bill has been

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signed (in black ink only), the signature is permanent and cannot be removed; however, any Senator retains the right to object under the provisions of Senate Rule 113 (b).
Rule 188. All officers and employees of the Senate shall be paid for their services by the Legislative Fiscal Officer from funds appropriated to the General Assembly.
(O.C.G.A. 28-4-6)
Rule 189. No member shall engage in any travel at State expense outside the State of Georgia, unless such travel is first approved in writing by the chairman of the committee and the President of the Senate. The member requesting such travel shall state in writing the places to be visited, the dates thereof and the purposes therefor, which purposes shall be relevant to legitimate legislative matters; a copy of which shall be filed with the Legislative Fiscal Officer prior to the travel. These provisions shall not apply to the Chairman of the Committee on Interstate Cooperation. Every voucher for reimbursement of expenses by members of the General Assembly for out of State travel must contain an itemized listing of all expenses and be approved by the chairman of the committee before the Legislative Fiscal Officer shall be authorized to disburse any funds on such voucher.
Rule 190. A person shall not be paid for services rendered to the Senate in any capacity while such person is drawing any salary, wages, or other compensation from any other De partment of the State.
ELECTION AND INAUGURATION OF GOVERNOR.
Rule 191. Every State officer whose election is not otherwise provided for shall be elected by the General Assembly in the same manner and at the same time as other officers are elected by the General Assembly.
(O.C.G.A. 28-1-12)
Rule 192. In nominating candidates for any office, no other candidate shall be disparaged.
Rule 193. All elections by either house of the General Assembly shall be by recorded vote, and the vote shall appear on the respective journal of each house.
(Ga. Const., art. Ill, sec. IV, par. X.)
Rule 194. In all elections, a majority of the Senators voting, provided the total vote constitutes a quorum, must make the choice.
Rule 195. On the Tuesday next following the general election, the Secretary of State shall transmit the returns for the elections for constitutional officers to the Constitutional Officers Election Board, which shall be composed of the Speaker and the Clerk of the House of Representatives, the President Pro Tempore and the Secretary of the Senate, and the chairman of each standing committee of the General Assembly. The Speaker of the House shall act as the chairman of such board. On said date, the chairman shall convene such board at such time and place as he shall determine, after having given due notice thereof to all members of the board and the candidates for constitutional offices. Each candidate shall be entitled to designate one person to be present at the opening of the returns. Such board shall open and publish the returns of each such election. The person having the majority of the whole number of votes in each election shall be declared duly elected, and certified returns shall be made by the Constitutional Officers Election Board and filed with the Sec retary of State.
(O.C.G.A. 21-2-498a.)
Rule 196. In the event no candidate for the office of Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, or Commissioner of Labor receives a majority of the whole number of votes cast in the general election, the Constitutional Officers Election Board shall continue the election for the office in which no candidate received a majority by immedi-

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ately calling a run-off election and designating as candidates therein the candidates who received the two highest numbers of votes for the particular office concerned and who con tinue in life and have not declined to continue as a candidate. This run-off election shall be held on the third Tuesday immediately following the general election. The run-off election shall be a continuation of the general election for the particular office concerned, and only the electors who were entitled to vote in the general election for candidates for that particu lar office shall be entitled to vote therein; and only those votes cast for the persons desig nated by the Constitutional Officers Election Board as candidates in such run-off election shall be counted in the tabulation and canvass of the votes cast. The provisions of Code Section 21-2-498 relating to the convening of the Constitutional Officers Election Board, transmission of the returns in the general election, and the opening of the returns, their tabulation, canvassing, and publication shall apply to the run-off elections provided for by this subsection. On the Tuesday next following the run-off election, the Constitutional Of ficers Election Board shall convene, open, canvass, tabulate, and publish the returns of the run-off election or elections. The person having the highest number of votes entitled to be counted in the run-off election for each of such offices shall be declared duly elected.
(O.C.G.A. 21-2-501b.)
Rule 197. The ceremony of inauguration shall take place during the first week of the first session of the General Assembly after the election and on such day of that week as the General Assembly, by joint resolution, shall appoint. If the General Assembly fails to ap point the day, the inauguration ceremony shall take place at 12:00 Noon on Saturday of that week unless prevented by providential cause. The Governor shall begin the discharge of his duties from the time of his inauguration.
(O.C.G.A. 45-12-2)
Rule 198. The Governor-elect shall, before he enters on the duties of his office, take the following oath in the presence of the General Assembly in joint session of the Senate and House of Representatives: "I do solemnly swear or affirm that I will faithfully execute the office of Governor of the State of Georgia and will, to the best of my ability, preserve, pro tect, and defend the Constitution thereof and the Constitution of the United States."
Upon so taking the oath, the Governor-elect shall become Governor. The Lieutenant Governor-elect shall take the same oath with the substitution of "Lieutenant Governor" for "Governor" and upon so taking such oath shall become Lieutenant Governor.
(O.C.G.A. 45-12-4)
Rule 199. The Governor and Lieutenant Governor shall, before entering on the duties of office, take such oath or affirmation as prescribed by law.
(Ga. Const, art. V, sec. I, par. VI.)
Rule 200. The fact of such inauguration of the Governor shall be entered upon the Journal of the House of Representatives and shall be conclusive evidence of his right and title to the office and of his eligibility and qualification.
(O.C.G.A. 45-12-3)
CONSTITUTIONAL AMENDMENTS.
Rule 201. Amendments to this Constitution or a new Constitution may be proposed by the General Assembly or by a constitutional convention, as provided in this article. Only amendments which are of general and uniform applicability throughout the state shall be proposed, passed, or submitted to the people.
(Ga. Const., art. X, sec. I, par. I.)
Rule 202. A proposal by the General Assembly to amend this Constitution or to provide for a new Constitution shall originate as a resolution in either the Senate or the House of Representatives and, if approved by two-thirds of the members to which each house is enti tled in a roll-call vote entered on their respective journals, shall be submitted to the electors

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of the entire state at the next general election which is held in the even-numbered years. A summary of such proposal shall be prepared by the Attorney General, the Legislative Coun sel, and the Secretary of State and shall be published in the official organ of each county and, if deemed advisable by the "Constitutional Amendments Publication Board," in not more than 20 other newspapers in the state designated by such board which meet the quali fications for being selected as the official organ of a county. Said board shall be composed of the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives. Such summary shall be published once each week for three consecutive weeks immediately preceding the day of the general election at which such proposal is to be submitted. The language to be used in submitting a proposed amendment or a new Constitution shall be in such words as the General Assembly may provide in the resolution or, in the absence thereof, in such language as the governor may prescribe. A copy of the entire proposed amendment or of a new Constitution shall be filed in the office of the judge of the probate court of each county and shall be available for public inspection; and the summary of the proposal shall so indicate. The General Assembly is hereby authorized to provide by law for additional matters relative to the publication and distribution of proposed amendments and summaries not in conflict with the provisions of this Paragraph.
If such proposal is ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon in such general election, such proposal shall become a part of this Constitution or shall become a new Constitution, as the case may be. Any pro posal so approved shall take effect as provided in Paragraph VI of this article. When more than one amendment is submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately, provided that one or more new articles or related changes in one or more articles may be submitted as a single amendment.
Any proposal by the General Assembly to amend this Constitution or for a new Consti tution may be amended or repealed by the same General Assembly which adopted such proposal by the affirmative vote of two-thirds of the members to which each house is enti tled in a roll-call vote entered on their respective journals, if such action is taken at least two months prior to the date of the election at which such proposal is to be submitted to the people.
(Ga. Const., art. X, sec. I, par. II & par. III.)
Rule 203. No convention of the people shall be called by the General Assembly to amend this Constitution or to propose a new Constitution, unless by the concurrence of twothirds of the members to which each house of the General Assembly is entitled. The repre sentation in said convention shall be based on population as near as practicable. A proposal by the convention to amend this Constitution or for a new Constitution shall be advertised, submitted to, and ratified by the people in the same manner provided for advertisement, submission, and ratification of proposals to amend the Constitution by the General Assem bly. The General Assembly is hereby authorized to provide the procedure by which a con vention is to be called and under which such convention shall operate and for other matters relative to such constitutional convention.
(Ga. Const., art. X, sec. I, par. IV.)
Rule 204. The Governor shall not have the right to veto any proposal by the General Assembly or by a convention to amend this Constitution or to provide a new Constitution.
(Ga. Const, art. X, sec. I, par. V.)
APPROPRIATION, CLAIMS, AND FINANCE.
Rule 205. No money shall be drawn from the Treasury except by appropriation made by law.
(Ga. Const., art. Ill, sec. IX, par. I.)
Rule 206. All bills for raising revenue, or appropriating money, shall originate in the House of Representatives.

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(Ga. Const., art. Ill, sec. V, par. II.)
Rule 207. In either house, when ordered by the presiding officer or at the desire of onefifth of the members present or a lesser number if so provided by the rules of either house, a roll-call vote on any question shall be taken and shall be entered on the journal. The yeas and nays in each house shall be recorded and entered on the journal upon the passage or rejection of any bill or resolution appropriating money and whenever the Constitution re quires a vote of two-thirds of either or both houses for the passage of a bill or resolution.
(Ga. Const., art. Ill, sec. V, par. VI.)
Rule 208. All resolutions which may appropriate money out of any funds shall be treated in all respects, in the manner of introduction and procedure, as bills; they shall originate in the House of Representatives, and shall receive three readings previous to their passage, but the Senate may propose or concur in amendments as in case of bills.
Rule 209. (a) The Governor shall submit to the General Assembly within five days after its convening in regular session each year a budget message and a budget report, accompa nied by a draft of a General Appropriations Bill, in such form and manner as may be pre scribed by statute, which shall provide for the appropriation of the funds necessary to oper ate all the various departments and agencies and to meet the current expenses of the State for the next fiscal year.
(b) The General Assembly shall annually appropriate those state and federal funds nec essary to operate all the various departments and agencies. To the extent the federal funds received by the state for any program, project, activity, purpose, or expenditure are changed by federal authority or exceed the amount or amounts appropriated in the general appropri ations Act or supplementary appropriation Act or Acts, or are not anticipated, such excess, changed or unanticipated federal funds are hereby continually appropriated for the pur poses authorized and directed by the federal government in making the grant. In those in stances where the conditions under which the federal funds have been made available do not provide otherwise, federal funds shall first be used to replace state funds that were appropriated to supplant federal funds in the same state fiscal year. The fiscal year of the state shall commence on the first day of July of each year and terminate on the thirtieth of June following.
(c) The General Assembly shall by general law provide for the regulation and manage ment of the finance and fiscal administration of the State.
(Ga. Const., art. Ill, sec. IX, par. II)
(a) Each General Appropriations Act, now of force or hereafter adopted with such amendments as are adopted from time to time, shall continue in force and effect for the next fiscal year after adoption and it shall then expire, except for the mandatory appropria tions required by this Constitution and those required to meet contractual obligations au thorized by this Constitution and the continued appropriation of Federal Grants.
(b) The General Assembly shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the State Treasury at the beginning of the fiscal year together with an amount not greater than the total Treasury receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds, as estimated in the Budget Report and amendments thereto. Supplementary appropriations, if any, shall be made in the manner provided in Paragraph V of this Section of the Constitution; but in no event shall a Supplementary Appropriations Act continue in force and effect beyond the expiration of the General Ap propriations Act in effect when such Supplementary Appropriations Act was adopted and approved.
(c) All appropriated state funds, except for the mandatory appropriations required by this Constitution, remaining unexpended and not contractually obligated at the expiration of such General Appropriations Act shall lapse.

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(Ga. Const, art. Ill, sec. IX, par. IV.)
The General Assembly shall appropriate to a special trust fund to be designated "State of Georgia General Obligation Debt Sinking Fund" such amounts as are necessary to pay annual debt service requirements on all general obligation debt. The sinking fund shall be used solely for the retirement of general obligation debt payable from the fund. If for any reason the monies in the sinking fund are insufficient to make, when due, all payments required with respect to such general obligation debt, the first revenues thereafter received in the general fund of the state shall be set aside by the appropriate state fiscal officer to the extent necessary to cure the deficiency and shall be deposited by the fiscal officer into the sinking fund. The appropriate state fiscal officer may be required to set aside and apply such revenues at the suit of any holder of any general obligation debt incurred under this section.
(Ga. Const., art. VII, sec. IV, par. Ill (2)(A).)
The Governor, through the Office of Planning and Budget, shall prepare and submit a budget report to the General Assembly within five days after its organization for considera tion either with or without amendments and modifications by the General Assembly.
(O.C.G.A. 45-12-74)
The budget report shall contain and include the following information:
(1). Summary statements of the financial condition of the State, accompanied by such detailed schedules of assets and liabilities as the Governor deems desirable, which shall in clude, but not be limited to, the following:
(A) A comparative consolidated balance sheet showing all the assets and liabilities of the State and the surplus or deficit, as the case may be, at the close of each of the two fiscal years last concluded;
(B) Summary statements of fund balances showing in detail for each fund the surplus or deficit at the beginning of each of the two fiscal years last concluded, the actual income of that year, the total appropriation of that year, and the total expenditures of that year; and
(C) Similar summary statements of the estimated fund balances for the current fiscal year and the next fiscal year;
(2). Statements of income and receipts for each of the two fiscal years last concluded, and the estimated income and receipts of the current fiscal year and the next fiscal year, and a statement of unappropriated surplus expected to have accrued in the State Treasury at the beginning of the next fiscal year. The statements of income and estimated income shall be itemized by sources and by the budget unit collecting the same. The statements of receipts and estimated receipts shall be itemized by sources and by the budget unit receiv ing the same. Existing sources of income and receipts shall be analyzed as to their equity, productivity, and need for revision, and any proposed new sources of income or receipts shall be explained;
(3). Summary statements of expenditures and disbursements for each of the two fiscal years last concluded, itemized by budget units under functional heads and showing the amounts expended for each major function of the government;
(4). A statement of the surplus account, showing the excess of all current assets over all current liabilities as of the end of each of the two fiscal years last concluded and all changes in surplus account during each of such two fiscal years;
(5). Detailed comparative statements of expenditures and requests for appropriations by funds, budget units, and budget classes, showing the expenditures for each of the two fiscal years last concluded, the budget of the current year, and the Governor's recommenda tions for appropriations for each budget unit for the next fiscal year, all distributed accord ing to budget classes of ordinary recurring expenses of operation and maintenance, includ ing, but not limited to, personal services and authority lease rentals, and of extraordinary expenses and capital outlay. Following the lists of actual and proposed expenditures of each

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budget unit there shall be a brief explanation of the functions of the unit and comments on its policies and plans and on any considerable differences among the amounts expended and the amounts recommended, with such descriptive, quantitative, comparative, and other data as to work done, unit costs, and like information as is considered necessary or desirable. In connection with each budget class of capital outlays involving construction projects to be completed in two or more fiscal years, there shall be shown the total estimated cost of each such project and the amount thereof recommended to be appropriated and expended in each ensuing fiscal year until completion of the project. Capital outlay needs shall be pro jected for at least three years beyond the period covered by the budget;
(6). A summary statement of the cash resources estimated to be available at the begin ning of the next fiscal year and the estimated cash receipts of the fiscal year as compared with the total recommended amounts of appropriation for all budget classes for the year and, if the total of the recommended expenditures exceeds the total of the estimated re sources, recommendations as to how the deficiency is to be met and estimates of receipts from any proposed additional revenues;
(7). A draft of a proposed General Appropriations Act or Acts embodying the Gover nor's budget report and recommendations for appropriations for the next fiscal year and drafts of such revenue and other Acts as may be recommended for putting into effect the proposed financial plan. The recommended appropriation for each budget unit shall be specified in a separate section of the General Appropriations Act. The total amount of ap propriations recommended shall not exceed the cash resources available to meet expendi tures under such appropriations; and
(8). Such other information as the Governor deems desirable or as is required by law.
(O.C.G.A. 45-12-75.)
Rule 210. The general appropriations bill shall embrace nothing except appropriations fixed by previous laws; the ordinary expenses of the executive, legislative, and judicial de partments of the government; payment of the public debt and interest thereon; and for support of the public institutions and educational interests of the state. All other appropria tions shall be made by separate bill, each embracing but one subject.
(Ga. Const., art. Ill, sec. IX, par. III.)
Rule 211. All General Appropriations Bills, in addition to the customary itemized state ments of the amounts appropriated for the usual expenses of the executive, legislative, and judicial departments of the government, and for the support of the public institutions and educational interests of the state, shall contain also a like itemized statement of all amounts appropriated by any previous law to be paid annually out of the treasury; and such amounts so appropriated by previous laws, shall not be paid from the treasury, unless they are em braced in the General Appropriations Act.
Rule 212. (a) Except as hereinafter provided, the appropriation for each department, officer, bureau, board, commission, agency, or institution for which appropriation is made shall be for a specific sum of money; and no appropriation shall allocate to any object the proceeds of any particular tax or fund or a part or percentage thereof.
(b) An amount equal to all money derived from motor fuel taxes received by the State in each of the immediately preceding fiscal years, less the amount of refunds, rebates, and collection costs authorized by law, is hereby appropriated for the fiscal year beginning July 1, of each year following, for all activities incident to providing and maintaining an adequate system of public roads and bridges in this state, as authorized by laws enacted by the Gen eral Assembly of Georgia, and for grants to counties by law authorizing road construction and maintenance, as provided by law authorizing such grants. Said sum is hereby appropri ated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a General Appropriations Act; and said sum need not be specifically stated in any General Appropriations Act passed by the General Assembly in order to be available for such purposes. However, this shall not preclude the General Assembly from appropriat ing for such purposes an amount greater than the sum specified above for such purposes.

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The expenditure of such funds shall be subject to all the rules, regulations, and restrictions imposed on the expenditure of appropriations by provisions of the Constitution and laws of this state, unless such provisions are in conflict with the provisions of this paragraph. And provided, however, that the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this state by land, sea, or air or in case of a major catastrophe so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the Executive Order of the Governor.
(Ga. Const., art. Ill, sec. IX, par. VI.)
Rule 213. In addition to the appropriations made by the General Appropriations Act and amendments thereto, the General Assembly may make additional appropriations by Acts, which shall be known as Supplementary Appropriations Acts, provided no such sup plementary appropriation shall be available unless there is an unappropriated surplus in the State Treasury or the revenue necessary to pay such appropriation shall have been provided by a tax laid for such purpose and collected into the General Fund of the State Treasury. Neither House shall pass a Supplementary Appropriations Bill until the General Appropria tions Act shall have been finally adopted by both Houses and approved by the Governor.
(Ga. Const., art. Ill, sec. IX, par. V.)
Rule 214. (a) There is created the Claims Advisory Board, hereinafter called the board, to be composed of the Secretary of State, who shall be the chairman, the Commissioner of Human Resources, and the Commissioner of Transportation. Whenever the board takes any official action authorized under the law or duly promulgated rules and regulations, any one of those individuals named above may be represented by a deputy or other designated em ployee; and any such action shall be valid if the remaining two individuals are actually pre sent during such action.
(b) The Claims Advisory Board is assigned to the Secretary of State for administrative purposes only as prescribed in Code Section 50-4-3.
(O.C.G.A. 28-5-60)
(a) Any resolution relative to a claim against the state or any of its departments or agencies must be introduced in the House of Representatives. No such resolution may be introduced unless a notice of claim has been filed with the board on or before the 15th day of November immediately preceding the introduction of the resolution, if the event giving rise to a claim against the state occurred on or before the fifth day of November. If said event occurred subsequent to the fifth day of November, immediately preceding the intro duction of the resolution a notice of claim shall be filed as provided for in this Code section within ten days after the occurrence of the event giving rise to the claim. No such resolution shall be introduced after the twenty-fifth day of any regular session.
(b) The board shall provide forms to be used in filing a notice of claim and shall make them available for such purpose. When the notice is filed, the board shall inform the person filing the notice, in writing, the information it will require in order to take action on the claim. Such information may include accident reports, affidavits, statements, bills, receipts, letters, documents, and any other supporting material or data deemed necessary by the board. All such information must be filed with the board prior to the introduction of the resolution.
(O.C.G.A. 28-5-80)
It shall be the duty of each state department and agency to file with the Claims Advi sory Board a notice of possibility of claim covering any occurrence which would be the sub ject of a notice of claim as provided in Code Section 28-5-80. Such notice of possibility of claim shall be filed on forms provided by the Claims Advisory Board and furnished to each state department and agency upon request. It shall be the duty of each state department and agency to file a notice of possibility of claim within 30 days after the date of any such occurrence. If filed within the same time limitations provided relative to the filing of notices of claim as provided in Code Section 28-5-80, a notice of possibility of claim shall be suffi-

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cient for action to be taken thereon; and the fact that no notice of claim has been filed within the time provided shall not prevent the introduction of a Resolution and action thereon as provided in this part.
(O.C.G.A. 28-5-81)
Rule 215. Any Resolution authorized by Code Section 28-5-80 shall be referred by the Speaker of the House to the Appropriations Committee of the House; and the Clerk of the House shall transmit a certified copy of the Resolution to the chairman of the Claims Advi sory Board not later than the day after its referral to the appropriations committee. Upon receipt of such copy, the chairman, after consultation with the other members of the board, shall set a time for acting on the claim and shall set a date for a hearing if a hearing is deemed necessary. In the event a hearing is to be held, the Representative introducing the bill shall be notified of the date, time and place thereof. Such other persons as the board deems necessary shall likewise be notified. The Representative introducing the resolution shall be notified as to the action taken by the board on the claim and the recommendation made by the board to the Appropriations Committee. In the event the Representative is dissatisfied with the recommendation of the board and no hearing has been held, he shall be entitled to have the board set a hearing by so requesting the chairman in writing.
(O.C.G.A. 28-5-82)
Upon receipt of a notice of claim, the board may begin its investigation thereof; or it may wait until the supporting information provided for in Code Section 28-5-80 has been furnished. After investigation of the claim by the board, after introduction of the resolution, and after a hearing thereon, if any, the board shall prepare a statement including its find ings, its determination of the merits of the claim, its recommendation as to the payment thereof and such other information as the board deems advisable. Such statement shall be immediately transmitted to the chairman of the House Appropriations Committee, who shall present the same to the full committee. The recommendations of the board shall be advisory in nature only and shall not be binding on the House of Representatives, the Sen ate, or any committee of either. The resolution shall be acted upon in the same manner as provided by law and the rules of the House and Senate for action upon bills.
(O.C.G.A. 28-5-83)
No resolution provided for in this part shall be passed without being presented to the board. The board is prohibited from considering any resolution unless notice of claim is filed within the time provided for in Code Section 28-5-80, unless the resolution is introduced within the time limitations specified in Code Section 28-5-80, and unless the information required by the board is filed within the time limitations specified in Code Section 28-5-80. The board shall make no recommendations after the thirtieth day of any regular session.
(O.C.G.A. 28-5-84)
RULES.
Rule 216. When any question arises which is not provided for in the foregoing rules, the same shall be controlled by the rules usually governing legislative bodies.
Rule 217. No suspension of, change in, or addition to these rules shall be made, unless such proposed change, addition or suspension be first referred in writing to the Committee on Rules and reported back to the Senate. Provided, that the rules may be suspended by unanimous consent of the Senate without referral to the Committee on Rules, when not prohibited by the rules, acts, or the Constitution.
The Committee on Rules must report rules changes, additions, or suspensions, submit ted to it, immediately after the confirmation of the Journal on the day following the intro duction in the Senate of the proposed change, addition, or suspension. A failure to so report such proposed suspension, change, or addition to these rules within two days shall automati cally bring said proposed suspension, change, or addition before the Senate for consideration.

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Rule 218. Upon receiving nominations by the Governor that require Senate confirma tion, the President shall notify the Senate that such nominations have been received. How ever, no nominations may be considered by the Senate until the expiration of seventy-two (72) hours after receipt thereof by the President, or until the expiration of forty-eight (48) hours after being referred to a committee. The Secretary shall make such nominations avail able for review by any Senator. Any Senator may notify the President in writing that he wishes to have a nomination considered by a standing committee; provided, however, any nomination to the State Board of Education or the Board of Regents shall be considered by a standing committee before consideration by the Senate without the necessity of a written request therefor, and said committee shall notify the Governor of the time, date and place of the committee meeting for consideration of such nomination. The President shall then refer any such nomination to the standing committee of the Senate which would ordinarily consider bills or resolutions relative to the board, bureau, commission or other office to which such nominee was nominated and such standing committee shall be called by the chairman of said standing committee within a reasonable time after receiving said request from the President. At the time the Senate considers such nominations, the committee or committees shall make their recommendations, if any, relative to such nominees.
This Rule may be suspended by a majority vote of the Senate during the last ten (10) days of the session.
Upon the request of any Senator the appointee must furnish to the Senate a resume of all business transactions that he has had with the State of Georgia during the period of the two years before the appointment.
Rule 219. All sessions of the Senate and all meetings of Senate committees shall be open to the public, except:
(a) By a majority vote of a quorum of a committee or subcommittee, a meeting may be closed to the public when the committee or subcommittee is (1) discussing the future acqui sition of real estate, (2) discussing the appointment, employment, or dismissal of a public officer or employee or disciplinary action against such officer or employee, or (3) hearing complaints or charges brought against a public officer or employee, unless the officer or employee requests that the meeting be open to the public.
(b) All meetings of Conference Committees shall be open to the public, except when a Conference Committee has been appointed and has begun meeting, if two Senate members of the Committee and two House members of the Committee shall decide that the efficiency of the committee is being impeded or the committee is unable to make sound fiscal recom mendations, resulting from public meetings, a report of this decision shall be made by the Senate conferees to the full Senate. The full Senate shall then vote, and if a majority of the members elected to the Senate vote to adopt said report, the Conference Committee shall continue its deliberations in Executive Session. The Conference Committee may establish rules for the conduct of its meetings not in conflict with the provisions of this rule.
Rule 220. (a) No substitute or amendment to any retirement bill shall be offered which changes the version of the bill on which the most recent fiscal note was submitted until a new fiscal note covering the provisions of the substitute or amendment is supplied to the Secretary of the Senate and made available to all members.
(b) No retirement bill shall be put upon its passage, nor shall any House amendment, House substitute or conference committee report to a retirement bill, if said conference committee report changes the bill from its version as passed by the Senate, be adopted, until an adequate fiscal note covering the bill, or covering the House amendment, House substitute or conference committee report is supplied to the Secretary of the Senate and made available to all members.
(c) The term 'fiscal note' as used in this rule, shall be a fiscal note within the meaning of the 'Georgia Fiscal Note Act' (Ga. Laws 1975, p. 1568), as amended, except that a fiscal note which expresses the opinion that sufficient information is not available to prepare an accurate and complete fiscal note shall not constitute an adequate fiscal note for the pur-

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poses of the requirements of paragraph (b) of this rule. The term 'retirement bill', as used in this rule, shall be as defined by said 'Georgia Fiscal Note Act'.
(d) The provisions of this rule may be suspended by a two-third's vote of the members elected to the Senate by a roll-call vote.
RULES FOR THE GOVERNMENT OF THE GENERAL ASSEMBLY WHEN IN JOINT SESSION.
1. The Senate and House of Representatives shall meet in joint session in the chamber of the House of Representatives as soon as possible after the start of the session, at such time as may be fixed by joint resolution of both houses, for the purpose of electing such officers of the state as may be required to be elected by the General Assembly. Such joint session shall continue in morning and afternoon sessions from day to day until all of such officers are elected.
2. The time of the meeting of the two Houses in joint session shall be determined other wise by concurrent resolution of the Senate and House of Representatives, except where provided by law.
When the Senate and the House of Representatives unite for the purpose of elections, they shall meet in the chamber of the House of Representatives at the hour determined by the concurrent resolution, and the President of the Senate shall preside and declare the result.
3. The President of the Senate shall preside, announce that the General Assembly is in joint session, and cause to be read the resolution convening the same. The President of the Senate shall put all questions to the body and decide all questions of order. An appeal may be taken from any of the President's decisions to the whole General Assembly.
In the absence of the President of the Senate, the Speaker of the House shall preside; in the absence of both the President of the Senate and the Speaker of the House, the Presi dent Pro Tempore of the Senate shall preside; in the absence of the three last named, the Speaker Pro Tempore of the House shall preside.
4. A majority of each house shall be necessary to constitute a quorum of the joint session.
5. After a person is nominated for any office in joint session of the General Assembly, it shall not be in order to second such nomination. When the nomination is declared closed, the President shall forthwith order the roll call, and each member, when called, shall rise in his or her seat and respond promptly, announcing distinctly his or her choice for such office.
6. No debate shall be in order, except as to questions of order.
7. The election in joint session shall be by recorded vote, and the vote shall appear on the journal of the House of Representatives. The votes are to be taken for but one election at one time, and a majority of the whole number of members to which the General Assembly is entitled is necessary for a choice.
8. In elections by the General Assembly, no member, after having voted, shall be al lowed to change his or her vote unless the member rises and states in his or her place that he or she voted by mistake or that his or her vote has been recorded by mistake.
9. No motion to adjourn shall be in order. In lieu thereof, there shall be the motion to dissolve the joint session, which shall be in the form, "that the joint session of the General Assembly be now dissolved," or "that the joint session of the General Assembly be now dissolved to be reconvened at (a time named)." The latter motion shall have precedence over the former.
10. The motion to dissolve the joint session, either indefinitely or until a fixed time,

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shall always be in order, except that, after the roll call has commenced, it shall not be in order until after the result of the vote has been declared by the President of the Senate.
11. When a motion to dissolve a joint session is decided in the negative, the motion shall not again be in order until other business has intervened.
12. When a motion to dissolve a joint session, either indefinitely or to a fixed time, is decided in the affirmative, the President of the Senate shall so declare, and the Senate shall, without further motion, immediately return to the Senate chamber.
13. These rules may be amended by the concurrent resolution of the two houses. Any or all of these rules shall cease to be in force when either house shall notify the other house of the withdrawal of its consent to the same.

INDEX TO RULES OF SENATE OF GEORGIA

References to "J" are to the "Rules for the Government of the General Assembly when in Joint Session".
Rule No. ABSENTEES

Arrest, subject to, when .......................................... 47

Attendance compelled by less than quorum

46,47

Authorized by Senate ............................................. 47

Journal entry ................................................... .49

Quorum required ................................................. 48

ADJOURN, MOTION TO

Amendment, if to particular time .................................. 70,71 Committee of the Whole, not in order in ........................... 125 Debate, if to particular time ...................................... 70,71 Effect ........................................................... 72 Joint Session, Dissolve ............................................ J12 Precedence of motion ............................................ 62 Previous question, after ........................................... 160 Renewal, after further business .................................... 70 Time for ........................................................ 68,69

ADJOURNMENT

Committee of the Whole, at regular hour in ........................ 125,133

Effect, when hour of arrives during vote by yeas and nays

73

Governor's power in regard to ..................................... 74

Main question, effect on .......................................... 73

Place limit ...................................................... 74

Power, general ................................................... 74

Previous question, effect on ....................................... 160

Seats retained until President leaves .............................. .58

Time of, fixed by Senate ......................................... .42

Veto procedure, effect on ......................................... 182

Vote, total required ............................................. .46

ADVERSE REPORT

Debate on final passage ........................................... 161 Effect of, on bills and resolutions .................................. 118

AMENDMENT

Amendments to, cannot be further amended ........................ 138,154

Blanks must be filled before ...................................... 142

Caption or preamble, bill perfected before

147

60

JOURNAL OF THE SENATE

Committee of the Whole, by, action on............................. 135,136

Committee of the Whole, by, what reported to Senate

135

Committee amendments, first considered

148

Committee, offered by, read without motion

151

Committee report, amendment not in order after agreed to, unless

reconsidered ................................................... 149

Committee report form ........................................... 116

Constitutional - See CONSTITUTIONAL AMENDMENT

Form of ........................................................ 108

Form of motion .................................................. 140

Germane, must be................................................ 141,145,152

Indefinite postponement prohibited

83

Irrelevant, out of order ........................................... 141

Methods of ..................................................... 138

Motion to adjourn, amendable if to particular time

70,71

Motion to commit, amendable

92

Motion to postpone indefinitely, not amendable

84

Motion to postpone to day certain, amendable

87

Motion to table or take from table, not amendable

79

Perfecting bill before substitute ................................... 143

Precedence of motion to amend ................................... 62,144

Previous question on ............................................ 157

Printed and distributed, when ..................................... 110

Priority of amendments........................................... 146,148

Priority of, on passage of bill...................................... 148

Priority of over motion to agree or disagree to House action

153

Priority of questions on House amendments to Senate bill

152

Reading, Secretary's, in amending by striking out and inserting

150

Reconsidered, when .............................................. 95

Sections, bill read by ............................................. 151

House amendments, Senate amendments to, not further amendable 154

House amendments to Senate bill, procedure in Senate

152,153,154,155

House, vote required to adopt..................................... 155

President's power to rule out...................................... 141,152

Striking, by, perfecting part proposed to be stricken

144

Substitute and bill, vote on ....................................... 143

Substitute as ................................................. 139

Tabling not in order ............................................. 78

Time for ........................................................ 148,149

Vote required .................................................... 155,167

AMENDMENTS TO CONSTITUTION - See CONSTITUTIONAL AMENDMENTS

APPEALS

Debate on prohibited, when of personal character

60

Time for ......................................................59

Transgression of rules, from ...................................... 50

APPROPRIATIONS

Budget........................................................ 209

General Bill, contents ............................................ 209,210,211,212

General Bill, precedence on third reading

111

General Bill, procedure ......................... .................. 209

Governor's power over ............................................ 182

Highways........................................................212

Origination in House ............................................. 206,208

MONDAY, JANUARY 9, 1989

61

Recorded yea and nay vote required

207

Required ................................................. ....... 205

Resolutions, treated as bills ....................................... 208

Supplemental bills ............................................... 213

Yeas and nays required ........................................... 207

ARREST

Disorder, for..................................................... 26 Freedom from ................................................... 56 Members, to secure quorum ....................................... 47,48

ASSISTANTS

Compensation ................................................... 188,190 Doorkeepers limited .............................................. 7 Oath ............................................................ 12 Officers, position as .............................................. 6

ATTENDANCE

Compelling ...................................................... 46,47,48 President's duty ............................................... 47 Sergeant at Arms, duty .......................................... 47

BILLS AND RESOLUTIONS

Called, how...................................................... Ill

Caption ......................................................... 106

Committee of the Whole, failure to resolve to consider

121

Deadline for introduction and first reading

105

Deadline for passage and third reading

111

Endorsement of.................................................. 106

Form ........................................................... 106

Introducer allowed twenty minutes for debate after ordering of

previous question if adverse committee report .................... 161

Order, procedure for taking out of ................................. 32

Original and copy required ........................................ 106

Passage, deadline 33rd day

111

Passage, delayed until printed and distributed ..................... .31,110

Publication of laws required

103

Read second time, when .......................................... 114

Rejected, when again considered ................................... 104

Subject matter, only one, and expressed in title ..................... 107

Suspend action on, when ......................................... 110

Title, subject matter of, must be expressed in

107

Withdrawal of, when ............................................ 99

Writing, must be in ............................................. 106

BLANKS

Filling required before motion to amend is in order

142

BOND

Secretary's ...................................................... 13

CALENDAR

Arranged by Rules Committee during last twenty-one

days of session ................................................. 30

Calling order fixed by ............................................ Ill

Change of Rules Committee's Calendar

30

Committee report, disagreement with

118

1.2

JOURNAL OF THE SENATE

Reconsideration, effect on bills ................................... .97 Tabling, taking from, restores to................................... 81

CALL OF SENATE - See ROLL CALL

CAPTION

Endorsement on bill.............................................. 106

CLAIMS

Procedure ....................................................... 214,215

CODE SECTIONS

Amendments or repeal of, requirements ............................ 108

COMMITMENT

Amended, how ................................................... 92

Committee of the Whole, not in order in ........................... 125

Committee of the Whole, to...................................... .89,90,121

Debate, if instructions added ...................................... 91

Indefinite postponement not applicable to .......................... 83

Instructions may be added

92

Precedence of, as among motions to commit to different committees 90

Precedence of, as among other motions............................. 62

Special Committees, to ........................................... 89,90,93

Use ........................................................ 89

Vote necessary for ..............................................93

What applicable to ............................................... 89,93

COMMITTEE OF THE WHOLE SENATE

Adjourn, cannot.................................................. 125

Adjournment, arrival of regular hour of ............................ 133

Amendments by, action of Senate ................................. 136

Amendments, report.............................................. 116,135

Bills and resolutions, disposal or recommendation

134

Bills and resolutions, interlineation prohibited

116

Business finished, procedure ...................................... 134

Call of Senate, not in order ....................................... 125

Chairman, appointed by President

122

Chairman, duty of, when no quorum present ....................... 123

Chairman, duty when business finished............................. 134,137

Chairman, power to clear galleries or lobby

129

Commitment to - See COMMITMENT

Commitment to, precedence ....................................... 90

Committee reference prohibited ................................... 125

Debate in ....................................................... 124,125,131

Disorderly conduct, reported ...................................... 130

Formation of ................................................. 122

Journal, proceedings entry ........................................ 137

Motion to "rise, report progress and ask leave to sit again" .......... 132,133

Papers called for ................................................ 128

Postpone indefinitely, motion to, not in order

.125

President's actions ............................................... 122,133,134

Previous question not enforceable ................................. 125

Quorum, requirement............................................. 123

Reading of bills by sections ....................................... 124

Reconsideration, in order ......................................... 126

Report of, procedure and form .................................... 134,135

Reports of, precedence............................................ 120

MONDAY, JANUARY 9, 1989

63

Resolving Senate into ............................................ 121,131

Rules applicable to, and exceptions

125

Secretary's duties in .............................................. 124

Senate may resolve itself into, vote necessary ....................... 121

Senate may resolve itself into, when ............................... 121

Table, motion to, not in order..................................... 125

Time in, extended................................................ 132

Vote required unless excused ...................................... 127

Yeas and nays, cannot be taken

125

COMMITTEE ON ENROLLING AND JOURNALS

Journal Entry - See JOURNAL

Journal, reading and report

29

COMMITTEES

Adverse report by, effect.......................................... 118,161

Amendments by, read without motion

151

Amendments by, take precedence .................................. 148

Amendments, report form

116

Appointed by President .......................................... 25,185

Bills and resolutions, not to interline or deface

116

Bills and resolutions, original, keep

106

Commitment to - See COMMITMENT

Committee of the Whole, reference to committees prohibited

125

Debate by ....................................................... 161

Meetings, open .................................................. 219

Meetings, scheduling ............................................. 187

Membership limited .............................................. 185

Minority report, time allowed for, after ordering of previous

question....................................................... 161

Minutes ......................................................... 187

Names ....................................................... 185

Notice of intent to disagree with report ............................ 118

Officers ......................................................... 185,186,187

Organization ..................................................... 186

Previous question, committee time for debate

161

Records ......................................................... 187

Reference to ..................................................... 115,121

Report, disagreement with ........................................ 118,119

Reports, favorable, effect.......................................... 118

Reports, favorable, effect of disagreement with ...................... 119

Reports, form.................................................... 117

Reports, minority, form ........................................... 117

Reports of, amendment, limit on

149

Reports of, precedence............................................ 120

Rules of Procedure ............................................... 187

Tenure of members .............................................. 185

Vacancies ....................................................... 186

CONFERENCE COMMITTEE

Appointment .................................................... 156 Approval of report ............................................... 156 Consideration ......... 156 Discharge ....................................................... 156 Instruction ...................................................... 156 Membership ..................................................... 156 Reports ......................................................... 156

64

JOURNAL OF THE SENATE

Voting, excused from ................................
CONFIRMATION OF GOVERNOR'S APPOINTMENTS
In open session ..................................... Time for ...........................................
CONSTITUTIONAL AMENDMENT
Amendment of...................................... Approval of people Convention ......................................... Journal entry ....................................... Local .............................................. Method ............................................ Publication ......................................... Repeal of........................................... Signature of Governor not required Veto prohibited ..................................... Vote required .......................................
CONTEMPT
Disorder, for....................................... Vote refusal for .....................................
CONVENING
Time .............................................
CONVENTION OF PEOPLE
Calling, for Constitutional amendment
CONVERSATION
Debate, prohibited during Reference to, during debate, prohibited
DEBATE
Addressing Senate.................................. Appeals, debate limitations ......................... Censure for words.................................. Committee of the Whole, how bills debated Committee of the Whole, regulated Conduct of members in ............................. Conversations, reference to, out of order Cut off, prohibited, when ........................... Exception to words................................. Freedom of........................................ Individual speeches limited ......................... Irrelevant, President shall suspend................... Members names, reference to, out of order ........... Motion for yeas and nays, decided without debate Motion for previous question, not debatable Motion to adjourn, not debatable .................... Motion to adjourn to particular day or time, debatable Motion to change order of business, not debatable . Motion to excuse member from voting, debate limited Motion to indefinitely postpone, debatable Motion to postpone to day certain, what debatable Motion to read papers, not debatable Motion to commit to committee, time allowed

.174
219 .218
202 . 202,203 201,203 .202 202 202 .202 202 184 204 .202
26,43 .170
.41,75
203
.57 .54
.53 60 52 .124 125,131,133 50 .54 66,67 .52 .56 50 .21 .55 .171 160 .70 71 33 .174 .84 .88 45 .91

MONDAY, JANUARY 9, 1989

65

Motion to resolve into Committee of the Whole, debate limited ...... 121

Motion to table or take from table, not debatable ................... 79

Motions allowed during ........................................... 62

Movement during prohibited ...................................... 58

Previous question, cannot cut off without relinquishing floor ......... 67

Previous question, debate regulated after ordered ................... 161,163

Priority of business, not debatable ................................. 19

Readings, first two, no debate ..................................... 114

Silence, during ................................................... 21,53,57

Subject matter limits ............................................. 50

Tabling, cannot cut off without relinquishing floor

67

Through President ............................................... 53

Time limits on individual ......................................... 50

Yeas and nays, no debate, during

178

DECORUM

Decorum Committee, powers ...................................... 17 Decorum in Chamber............................................. 50 Obstructing view ................................................. 58 Silence during debate............................................. 21,53,57

DISTRIBUTION OF BILLS - See PRINTING AND DISTRIBUTION OF BILLS

DIVISION

Adjournment, limited by . . . ................................ .69,73 Call for ................... 171 Excuse from voting, motion to, restricts ............................ 174 President's duty in case of ........................................ 169 Reconsideration of main question, limits ........................... 160 Results of, President shall announce ............................... 169

DIVISION OF QUESTION

Divisibility of amendments ........................................ 158,159

DOORKEEPERS

Limited ......................................................... 7

ELECTION - Also See JOINT SESSION

Contest ......................................................... 175 Governor, of, action on ........................................... 195,196 Journal entry .................................................... 193 Members, of, Senate judge of ..................................... 51 Nomination limits ................................................ 192 Officers, of State ................................................. 191 Procedure ....................................................... 191,193 Second not needed in nominations ................................. J5 Vote necessary ................................................... 194

ELECTRONIC ROLL CALL

Adjournment .................................................... 69 President's duties ................................................ 172 Quorum, to determine ............................................ 170 Roll Call (daily) ................................................ .35 Secretary's duties ................................................ 172 Use ............................................................. 173 Verification ...................................................... 173

66

JOURNAL OF THE SENATE

EMPLOYEES - See ASSISTANTS

ENROLLING AND ENGROSSING ................................... 100

EXCEPTION TO WORDS SPOKEN

Previous question, delayed by ..................................... 52 Procedure ....................................................... 52 Time for ........................................................ 52

EXPULSION OF MEMBERS

Vote required.................................................... 50,51 When ........................................................... 50,51

FILING OF BILLS AND RESOLUTIONS

Required ........................................................ 105 Time, for....................................................... 105

FINES

Members, when transgress rules ................................... 50

FISCAL NOTES.................................................... 220

FLOOR - See PRIVILEGE OF FLOOR

GALLERIES

Clearance by President ........................................... 26

Committee of the Whole, Chairman may clear

129

GENERAL APPROPRIATIONS BILL - See APPROPRIATIONS

GOVERNOR

Adjournment, power in regard to .................................. 74

Appointments, confirmation .................................'...... 218

Appropriations, selective approval of ............................... 182

Budget bill, presentation of ....................................... 209

Constitutional amendment, action on .....

202

Election ......................................................... 195,196

Inauguration..................................................... 197,198,199,200

Messages, under any order of business ............................. 37

Overriding veto .................................................. 182,183,184

Signature, when required ......................................... 182,184

Veto power ...................................................... 182,183,184,204

IMPEACHMENT

Session continued ............................................... 75

INTRODUCTION OF BILLS AND RESOLUTIONS

Original and copy required ........................................ 106 Time for ........................................................ 105 Unanimous consent, time limits ................................... 98

JOINT SESSION

Adjournment ................................................... J9,J10,J11,J12 Debate ..........................................................J6 Elections, for ....................................................Jl Governor's Inauguration .......................................... 197,198 Nominations in ................................................. .J5 Place, House ....................................................Jl Presider.........................................................J2,J3,J5 Procedure, general .............................................. J3-J8

MONDAY, JANUARY 9, 1989

67

Quorum .........................................................J4 Rules, change ................................................... J13 Time of ........................................................ J1.J2 Vote ...........................................................-J7,J8

JOURNAL

Absentees shown on ..............................................49

Amendments to Constitution, entry with yeas and nays.............. 202

Appropriation, yeas and nays shown ............................... 207

Committee, duty to read and report ............................... 29

Committee of the Whole, proceedings not shown .................... 137

Election vote, entry .............................................. 193

Governor's inauguration, entry .................................... 200

Oaths of officers, entry ........................................... 12

Petition, name and object of petitioner, memorialist or remonstrant,

noted on ...................................................... 44

Preservation ..................................................... 103

Protests, entry ...................................................61

Publication required.............................................. 103

Reading by committee ............................................ 29

Reading of, how dispensed with ................................... 36

Required ........................................................ 103

Vote, entry of ................................................... 166,179-181,

193,202

Vote, names of those not voting shown on .......................... 181

Yeas and nays entry

, ................................ 171,179-181,

202,207

LOBBIES

Clearance by President ...................................... .26 Committee of the Whole, Chairman's power to clear............ .129

LOBBYISTS

Floor, prohibited from ....................................... .17

LOCAL BILLS AND RESOLUTIONS

Limitations upon............................................ 109 Local Governing authority, restriction ......................... 109 Notice of affidavit, must be attached .......................... .109 Notice required ............................................. .109 Procedure for passage ....................................... 113 Reading .................................................... 112 Unanimous consent, putting on passage ....................... 98

MAIN QUESTION

Adjournment, effect on ...................................... Division after order for ...................................... Effect of ................................................... Form of .................................................... Previous question, effect ..................................... Reconsideration of .......................................... Tabling, limits .............................................. Vote required to order.......................................

69,73,160 171 164 .160 160,161 160,165 76 160

MEETING OF SENATE

Meetings, open ..................

.219

Time of meeting, for daily sessions

42

68

JOURNAL OF THE SENATE

MEMORIALS - See PETITIONS

MESSAGES

How sent, announced, received, and considered

38

MINORITY REPORTS FROM COMMITTEE

Debate allowed, after order for previous question

161

How made ...................................................... 117

MOTIONS

Committee of the Whole, in ....................................... 125,126,132,133

Debate, when cannot use motion to cut off

66,67

Disagreement with House, motions in order

152

Making, must resume seat while put ............................... 65

Number, limited to one at a time

65

Possession of Senate ............................................. 63

Precedence of.................................................... 62,83

President's actions on ........................................... 169

Previous question on ............................................. 157

Second unnecessary ..............................................64

Stating by President ............................................. 169

Tabling, effected by ............................................. .40

Tabling, if not privileged and new matter

40

Withdrawal..................................................... .63,83

NEW MATTERS

Motions not privileged and containing new matter to lay on table 40 Unanimous consents for, time for.................................. 98

NOMINATIONS

Remarks, disparaging, prohibited

192

Second, not allowed ..............................................J5

OATHS

Administered by judges to members ............................... 10 Member's ....................................................... 9,10 Officer's ......................................................... 12 Secretary's ...................................................... 12

OFFICERS

Oath ............................................................ 12 Pay, and Travel.................................................. 188,189 Named .......................................................... 4,6

ORDER OF BUSINESS

Appropriation Bill, General

111

Changed, how. .................................................. .30,32,33,34,98

Change, motion, not debatable ................................... .33

Change, motion, vote necessary .................................... 30

Fixing by Rules Committee during last ten days .................... 30

Messages ........................................................ 37

Motions, not privileged .......................................... .40

President's power over............................................ 19

Priority of....................................................... 28,35,99,160

Privilege, questions of ............................................ 39

Reconsideration ..................................................94

Rules Committee report .......................................... 37

MONDAY, JANUARY 9, 1989

69

Unanimous consent ..............................................98

ORGANIZATION

Assistant Secretary, by ........................................... 2 Bodies ......................................................... 1 Chairman, appointment and powers................................ 2 Elections ........................................................ 11 First meeting, time and place .................................... .41 Oaths...........................................................9,10,12 Officers ......................................................... 2,3,4,6,11 Procedure ....................................................... 2 Rules ........................................................... 2 Seating.......................................................... 8 Secretary, by .................................................... 2

PAGES

Age. ............................ ...............................16 Appointment by members......................................... 16 Appointment by President ........................................ 16

PAIRING FOR VOTING

Prohibited....................................................... 176

PAPERS

Committee care .................................................. 116

Committee of the Whole may call for .............................. 128

Reading, not subject to indefinite postponement

83

Reading of ......................................................45

PARLIAMENTARY LAW

Applicable when ................................................. 216

PETITIONS

Presentation and form ............................................ 44

POSTPONEMENT

Amendment, motion to indefinitely postpone, not amendable

84

Amendment, motion to postpone to day certain, amendable

87

Committee of the Whole, motion to indefinitely postpone not

in order ....................................................... 125

Debate on ....................................................... 84,88

Effect, indefinite postponement.................................... 87

Effect of motion to indefinitely postpone ........................... 86

Effect of motion to postpone to day definite ........................ 87

Effect of negative action .......................................... 85

Precedence of motion............................................. 62,83

Renewal limits ................................................... 85,88

Vote necessary on motion to indefinitely postpone

86

What subject to.................................................. 83,87

PREAMBLE

Committee of the Whole, last considered

124

Considered after bill perfected .................................... 147

PRESIDENT

Absence of, President Pro Tem to preside

24

Acts, signs....................................................... 102

Adjournment, members to remain until President retires

58

70

JOURNAL OF THE SENATE

Amendments, power to rule out if not germane

141,152

Appeals, from decision............................................ 59,60

Arrest, power to ................................................. 26,47

Attendance, power to compel to secure a quorum

47

Bond, approval of Secretary's ..................................... 13

Business, priority of, decides, without debate ....................... 19

Call the Senate, duty to .......................................... 48

Clearing galleries and lobbies...................................... 26

Committees and officers, appointment.............................. 25

Committee of the Whole, Chairman, appoints....................... 122

Committee of the Whole, duty regarding bills

121

Committee of the Whole, duty when business finished in

134

Committee of the Whole, resumes chair, when

133,134

Committee of the Whole, to leave chair during...................... 122

Conference Committee, appoints ................................... 156

Debate, irrelevant, power to suspend ............................... 21

Division, call for ................................................. 169

Joint session, presider ........................................... .J4

Lieutenant Governor as ........................................... 3

Message, duty as to .............................................. 38

Motion, stating by ............................................... 63,169

Oath to officers .................................................. 12

Preside, may name members to.................................... 23

Presider......................................................... 24

Question, stating ................................................. 169

Quorum, to secure ............................................... 47,48,162,170

Recognition of member ........................................... 20,50,53,65

Reference of bills and resolutions

115

Roll call, duties during ................. 69,172

Roll call, orders by, when ......................................... 22,48,170

Rules transgression, penalizing .................................... 50

Sergeant at Arms, direction and suspension......................... 15,27

Signature, when required ......................................... 101,102

Silence, commanding ............................................. 21,53

Unanimous consent, shall entertain but one at a time

98

Unanimous consent, when to recognize member for purpose

of asking ...................................................... 98

PRESIDENT PRO TEM

Election ........................................................ .4 Joint session, succession as presider................................ J3 Powers .......................................................... 5 Presides in absence of President................................... 4,5,24 Vote when presiding.............................................. 18

PRESIDER

Joint session, in ..................................................J3

President........................................................ 4

President absent, who shall, when

24

President may appoint member to .................................. 23

President Pro Tern absent, who shall, when ........................ 24

Secretary shall, when ............................................. 24

Vote ............................................................ 18

PRESS

Floor, entitled to................................................. 17

MONDAY, JANUARY 9, 1989

71

PREVIOUS QUESTION

Adjournment, effect on ........................................... 69,73,160

Call of Senate, limits ............................................. 162

Committee of the Whole, not in order in ........................... 125

Debate, cannot cut off, without relinquishing floor

67

Debate allowed after ordering of................................... 161,163

Debate, motion not debatable ..................................... 160

Exception to debate, delays ....................................... 52

Form of.........................................................160

Main question, effect on .......................................... 160,161

Minority committee report, time allowed for, after ordering of

161

Precedence of motion............................................. 62,160

Reconsideration of ............................................... 165

Tabling after .................................................... 76

Vote required .................................................... 160

What applicable to ............................................... 157

PRINTING AND DISTRIBUTION OF BILLS

Motion to print, precedence of ................................... .62 Required, when .................................................. 110 Suspension of bills and resolutions until............................ 110

PRIVILEGE

Motion, not privileged with new matters to lay on table ............. 40 Precedence of questions of ........................................ 39 Questions of, what constitutes ..................................... 39

PRIVILEGES OF FLOOR

Who entitled to .................................................. 17

PROTESTS

Procedure and form .............................................. 61

PUNISHMENT

Members, of ..................................................... 51 Non members. .................................................. .43

QUALIFICATION OF MEMBERS

Judgment of Senate .............................................. 51,175

QUORUM

Committee of the Whole, requirement of ........................... 123 Compelling ...................................................... 47,48 Number ......................................................... 46 President's power in regard to.................................... .47,170 Roll call for .................................................... .48,162,170 Voting, when not................................................. 170

READING OF BILLS AND RESOLUTIONS

Committee of the Whole, in ....................................... 124 Committee report, after........................................... 118 Debate, none on first or second reading ............................ 114 Number and name of introducer, stated on second and third
reading........................................................ Ill Second, automatic, when.......................................... 114 Secretary's duty ..................................................111 Sections, by ..................................................... 151

72

JOURNAL OF THE SENATE

Times, three ..................................................... 112 Title, by ........................................................ 112 Unanimous consent, time limit ................................... .98

READING OF PAPERS - See PAPERS

RECOGNITION

President decides ................................................ 20

RECONSIDERATION

Amendments, when in order ..................................... .95

Committee of the Whole, motion in order

126

Effect of, on bills ................................................ 97,119

Effect of, on immediate transmittal ................................ 94

Main question, effect on .......................................... 165

Main question, time for reconsideration of.......................... 160

Notice not to be withdrawn ....................................... 94

Notice, when required ............................................ 94

Previous question, effect on ....................................... 165

Renewal......................................................... 96

Time for motion ................................................. 94

REMONSTRANCES - See PETITIONS

REPEALS

How effectuated ................................................. 108

ROLL CALL - Also see ELECTRONIC ROLL CALL

Adjournment, limits ............................................. .69 Committee of the Whole, not in order in ........................... 125 Debate, none, during ............................................. 178 Dispensing with.................................................. 35 Electronic Roll Call .............................................. 35,172,173 Explanation of votes on .......................................... 177 President may order, when ........................................ 22,162,170,172 Previous question limits .......................................... 162 Procedure ....................................................... 49,172 Quorum, to determine if .......................................... 170 Reconsideration of main question, limits ........................... 160 Required by Senate ..............................................48 Secretary's duty as to ............................................ 48,49,170,172 Verification ...................................................... 173 Vote, refusal after, contempt ...................................... 170

RULES

Changed, how. ...................................................34,217,J13

Debate, motion to suspend, decide without debate

33

Question not covered by, procedure ................................ 216

Suspended, how..................................................34,217,J13

Suspension, not subject to indefinite postponement.................. 83

RULES COMMITTEE

Calendar fixed by during last twenty-one days

30

Membership ..................................................... 185

Proposed change, addition, or suspension of rules must be

referred to..................................................... 217

Report, failure to, effect .......................................... 217

Report of, in order when ........................................ .37

MONDAY, JANUARY 9, 1989

73

Reports required .........................

.217

Special orders, submission to and report on

32

SEATS

Assignment..................................................... .8 Contested, procedure when....................................... .175 Recognition from................................................ .50

SECRETARY

Absentees list, keeps for journal .................................. 48,49

Amendments, printing ........................................... .110

Amendments reading ............................................ 150,151

Amendments, Report to House on President's action declaring House

amendment not germane....................................... .152

Bills and resolutions, deposited ................................... .100

Bills and resolutions, engrossment ................................ .100

Bills and resolutions, filing with, when ............................ 105

Bills and resolutions, keeps copy ................................. 106

Bills and resolutions, numbers.................................... 111

Bills and resolutions, printing and distribution..................... 31,110

Bills and resolutions, reading by sections .......................... 151

Bills and resolutions, reading number and introducer

111

Bills and resolutions, transmittal ................................. 94

Bond .......................................................... 13

Committee of the Whole, bills and resolutions, reading in........... .124

Committee of the Whole, duties in ............................... . 124,128

Division, counts ................................................. 169

Election ........................................................ 11

Journal entry ................................................... .49,61,181

Journal, reading ................................................ 29

Motion, reading ................................................. 63

Oath of, prescribed.............................................. .12

Officer, is....................................................... .6,11

Presides in absence of President and President Pro Tern ........... .24

Protests, entry on Journal ....................................... 61

Roll call........................................................ .48,170,172

Signature, when required ........................................ 101

State Boards, membership on - See APPENDIX

Term of office .................................................. .11

Vote, explanation of, filing with .................................. .177

Words excepted to, written and read by

52

Yeas and Nays, call ............................................. 69

Yeas and Nays, reading names ................................... .173

SERGEANT-AT-ARMS

Arrest of members to secure quorum .............................. . 47,48 Clear lobbies and galleries, when ................................. 26
Direction by President .......................................... . 15,47
Duties, general.................................................. .14,15
Election ........................................................ .14
Message announcement.......................................... .38 Order, enforcement of ........................................... .15
Pay ............................................................ .14
Suspension by President ......................................... .27

SESSIONS

Business carried over, how ....................................... .75

74

JOURNAL OF THE SENATE

Term ........................................................... 75

SILENCE

Debate, during................................................... 57 President, duty of to command, when .............................. 21,53

SMOKING

Prohibited in Senate Chamber .................................... 50

SPECIAL LAWS - See LOCAL LAWS

STATE BOARDS

Membership of Legislators on - See APPENDIX

SUBCOMMITTEES

How appointed .................................................. 185

SUBSTITUTE - Also See AMENDMENT

Adoption of floor substitute postpones consideration of bill .......... 143 Amendment, as .................................................. 139 Bill perfected before substitute .................................... 143 Voted on before bill .............................................. 143

SUCCESSION

Joint session.....................................................J3 President's absence............................................... 24

TABLING

Amendment, motion not subject to ................................ 79

Amendment, not applicable to..................................... 78

Committee of the Whole, motion not in order

125

Debate, cannot cut off without relinquishing floor

67

Debate, motion not debatable ..................................... 79

Effect, when motion to table prevails .............................. 81

Effect, when motion to take from table prevails ..................... 81

Main question, limits ............................................ 76

Motion to take from, when in order .............................. .80

New matter, motion not privileged ................................. 40

Precedence of................................................... 62,76,160

Renewal of motions to table and take from, when ................... 80

Time, for taking from table ....................................... 82

Vote required to take from table ................................. .82

What can be tabled .............................................. 77,78

TITLE

Bills and resolutions, subject matter must be expressed in

107

Consideration after bill perfected .................................. 147

TRANSMISSION TO HOUSE

Day of passage, vote required ..................................... 94 Last three days, immediate ....................................... 94

TRAVEL

Travel out of state, prior permission required ....................... 189

UNANIMOUS CONSENTS

Introduction, for .................................................98

Journal reading, dispensing with

36

MONDAY, JANUARY 9, 1989

75

Limitation and regulation of use of ................................ 98

Motion withdrawal, required for ................................... 63

Passage, for ..................................................... 98

Reading, for ..................................................... 98

Roll call, dispensing with ......................................... 35

Vote, explanation, during yeas and nays prohibited

177

VETO

Governor's power of .............................................. 182,183,184,204

Overridden, how

182,183

VOTE

Adjournment, limits .............................................. 69,73

Amendment, required for

167

Bill, required for ................................................. 166

Changing of .....................................................173,J8

Committee of the Whole, not taken by yeas and nays in ............. 125

Committee of the Whole, vote required

127

Debate, no, during calling or reading of yeas and nays

178

Division - See DIVISION

Election - See ELECTION

Excuse from ..................................................... 170,174,175,176

Explanation ..................................................... 177

Interest, none, where have ........................................ 175

General requirement ............................................. 167

Journal, entry required ........................................... 166,179,180,181

Method of....................................................... 169,171

Pairing of members, not allowed................................... 176

President, may order yeas and nays, when

22

President Pro Tern ............................................... 18,127

Quorum - See QUORUM

Reconsideration of main question, limits ........................... 160

Refusal may be contempt ......................................... 170

Required, when .................................................. 127,174

Resolution, required for........................................... 167

Roll call - See ROLL CALL

Tabling, limits ................................................... 76

Tie ............................................................ 18

Unanimous consents - See UNANIMOUS CONSENTS

Time for ...................................................... 168

Yeas and nays - See YEAS AND NAYS

WITHDRAWAL

Bill, when and how ............................................. .99

WRITS

Signature, President's and Secretary's

101

YEAS AND NAYS

Adjournment, limits .............................................. 69,73 Change restricted ................................................ 173 Debate on motion prohibited ...................................... 171 Debate prohibited during ......................................... 178 Explanation of vote .............................................. 177 Expulsion, vote for ............................................... 50 Journal entry .................................................... 171,179,180,181 Method of calling ................................................ 173

76

JOURNAL OF THE SENATE

Reconsideration of main question, limits ........................... 160 Tabling, limits ................................................... 76 Vote required for call of .......................................... 171,207
The following resolutions of the Senate were read and put upon their adoption:
SR 2. By Senators Kennedy of the 4th and Allgood of the 22nd: A resolution to notify the House of Representatives that the Senate has convened.
The resolution was adopted.
SR 3. By Senators Allgood of the 22nd, Kennedy of the 4th and Dean of the 31st: A resolution relative to officials, employees and committees of the Senate.
The resolution was adopted.
Lieutenant Governor Zell Miller, President of the Senate, addressed the Senators as follows:
The excitement of the campaigns is history.
The thrill of being the people's choices is behind you.
The honor of taking your oaths of office has been bestowed. Now comes the hard part of doing the job you were elected to do.
The promising time is over and now the performing time begins.
To the new Senators, I say: "Welcome and Good Luck!" To the returning Senators, I say: "Welcome Back and Let's Get On With It!"
Few General Assemblies in recent history have had to deal with as many diverse and momentous issues as this one will be called upon to resolve.
There are decisions waiting to be made in the areas of education, finance, environmen tal protection, growth strategies and economic development, transportation, open govern ment, ethics and social and health services which will demand hard, and more often than not, unpopular choices.
How we respond will determine in large measure the circumstances under which our State will enter the 21st Century only a decade and a year away.
How history will measure our response will be determined by whether it is made in terms of what is needed rather than what is desired.
My challenge to all of you -- freshman and veteran alike -- is that we resolve for the next 40 days to act and react as statespersons working for the good of Georgia's future rather than as politicians concerned with the outcome of the next election.
And if we follow that high road in our deliberations the political results we desire will follow as a natural consequence.
Now: Let's get to the work at hand.

MONDAY, JANUARY 9, 1989

77

The President announced the appointment of the following Standing Committees for the 1989-1990 Term:

AGRICULTURE
English of 21st, Chairman Echols of 6th, Vice Chairman Ragan of 10th, Secretary
Deal of 49th

Johnson of 47th Kennedy of 4th Ray of 19th

APPROPRIATIONS

Starr of 44th, Chairman Allgood of 22nd, Vice Chairman Dawkins of 45th, Secretary
Albert of 23rd Barnes of 33rd Bowen of 13th Broun of 46th Coleman of 1st Deal of 49th Dean of 31st English of 21st Engram of 34th Fincher of 54th Garner of 30th Gillis of 20th

Harris of 27th Howard of 42nd Johnson of 47th Kennedy of 4th McKenzie of 14th Olmstead of 26th Peevy of 48th Ray of 19th Scott of 2nd Stumbaugh of 55th Tate of 38th Taylor of 12th Timmons of llth Turner of 8th Tysinger of 41st

Continuation Subcommittee

Starr of 44th, Chairman Allgood of 22nd Bowen of 13th Broun of 46th Coleman of 1st Dawkins of 45th

Dean of 31st Gillis of 20th Kennedy of 4th Stumbaugh of 55th Turner of 8th

BANKING AND FINANCE

Turner of 8th, Chairman McKenzie of 14th, Vice Chairman Walker of 43rd, Secretary
Albert of 23rd Broun of 46th Coleman of 1st Coverdell of 40th

Dawkins of 45th Echols of 6th Fincher of 54th Gillis of 20th Phillips of 9th Starr of 44th Stumbaugh of 55th

Banking Subcommittee

Coleman of 1st, Chairman Coverdell of 40th Dawkins of 45th

Phillips of 9th Starr of 44th Walker of 43rd

Ways and Means Subcommittee

McKenzie of 14th, Chairman Albert of 23rd Broun of 46th Echols of 6th

Fincher of 54th Gillis of 20th Stumbaugh of 55th

78

JOURNAL OF THE SENATE

CHILDREN AND YOUTH

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

Newbill of 56th Parker of 15th

CONSUMER AFFAIRS

Langford of 35th, Chairman Albert of 23rd, Vice Chairman Shumake of 39th, Secretary

Scott of 2nd Scott of 36th

Regulated Beverages Subcommittee

Scott of 36th, Chairman Albert of 23rd

Langford of 35th

CORRECTIONS
Garner of 30th, Chairman Newbill of 56th, Vice Chairman Collins of 17th, Secretary
Brannon of 51st

Engram of 34th Foster of 50th Kennedy of 4th Kidd of 25th

Penal and Correctional Institutions Subcommittee

Kennedy of 4th, Chairman Collins of 17th

Kidd of 25th

Probation, Pardons and Paroles Subcommittee

Brannon of 51st, Chairman Engram of 34th

Newbill of 56th

DEFENSE AND VETERANS AFFAIRS

Ray of 19th, Chairman Perry of 7th, Vice Chairman Phillips of 9th, Secretary

Brannon of 51st Parker of 15th

ECONOMIC DEVELOPMENT AND TOURISM

Broun of 46th, Chairman Scott of 36th, Vice Chairman Hammill of 3rd, Secretary
Collins of 17th Engram of 34th Foster of 50th

Gillis of 20th Harris of 27th Land of 16th Langford of 35th Perry of 7th

Small Business Subcommittee

Perry of 7th, Chairman Collins of 17th

Langford of 35th

Tourism Subcommittee

Foster of 50th, Chairman Engram of 34th Gillis of 20th

Hammill of 3rd Land of 16th

MONDAY, JANUARY 9, 1989

79

EDUCATION
Foster of 50th, Chairman Engram of 34th, Vice Chairman Newbill of 56th, Secretary
Barnes of 33rd Burton of 5th Collins of 17th Deal of 49th

Howard of 42nd Land of 16th Ray of 19th Scott of 36th Starr of 44th Tate of 38th

Libraries Subcommittee

Burton of 5th, Chairman Deal of 49th

Howard of 42nd Starr of 44th

Primary and Secondary Subcommittee

Tate of 38th, Chairman Barnes of 33rd

Engram of 34th Ray of 19th

Vocational and Technical Subcommittee

Collins of 17th, Chairman Land of 16th

Newbill of 56th

GOVERNMENTAL OPERATIONS

Kidd of 25th, Chairman Brannon of 51st, Vice Chairman Walker of 43rd, Secretary
Barker of 18th Burton of 5th

Garner of 30th Hammill of 3rd Olmstead of 26th Shumake of 39th

Governmental Organization Subcommittee

Brannon of 51st, Chairman Olmstead of 26th

Walker of 43rd

Merit System Subcommittee

Shumake of 39th, Chairman Barker of 18th Burton of 5th

Garner of 30th Hammill of 3rd

HIGHER EDUCATION

Fincher of 54th, Chairman Coverdell of 40th, Vice Chairman Scott of 36th, Secretary
Broun of 46th

Clay of 37th Ragan of 10th Ragan of 32nd Tysinger of 41st

Science and Technology Subcommittee

Tysinger of 41st, Chairman Broun of 46th

Ragan of 32nd

University System Subcommittee

Ragan of 10th, Chairman Clay of 37th

Coverdell of 40th Scott of 36th

80

JOURNAL OF THE SENATE

HUMAN RESOURCES

Howard of 42nd, Chairman Olmstead of 26th, Vice Chairman Ragan of 32nd, Secretary
Albert of 23rd Coleman of 1st Edge of 28th

English of 21st Fincher of 54th Kidd of 25th Langford of 35th Ragan of 10th Walker of 43rd

Aging Subcommittee

Langford of 35th, Chairman Coleman of 1st

English of 21st Fincher of 54th

AIDS Subcommittee

Walker of 43rd, Chairman Kidd of 25th

Langford of 35th

Mental Health and Mental Retardation Subcommittee

Albert of 23rd, Chairman Kidd of 25th

Ragan of 32nd

Social Services and Vocational Rehabilitation Subcommittee

Ragan of 10th, Chairman Albert of 23rd

Edge of 28th Olmstead of 26th

INDUSTRY AND LABOR

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

Foster of 50th
Fuller of 52nd Newbill of 56th Pollard of 24th

INSURANCE
Stumbaugh of 55th, Chairman Land of 16th, Vice Chairman Baldwin of 29th, Secretary
Clay of 37th

Pollard of 24th Ragan of 32nd Shumake of 39th Taylor of 12th

* INTERSTATE COOPERATION

McKenzie of 14th, Chairman

English of 21st

Engram of 34th, Vice Chairman

Fincher of 54th

Perry of 7th, Secretary

* Will not count as one of the four allowed committee assignments.

JUDICIARY
Deal of 49th, Chairman Johnson of 47th, Vice Chairman Baldwin of 29th, Secretary
Allgood of 22nd Burton of 5th

Clay of 37th Howard of 42nd Parker of 15th Starr of 44th

MONDAY, JANUARY 9, 1989

81

NATURAL RESOURCES

Gillis of 20th, Chairman Echols of 6th, Vice Chairman Hammill of 3rd, Secretary
Allgood of 22nd Barker of 18th Bowen of 13th Dean of 31st

English of 21st Huggins of 53rd Kennedy of 4th McKenzie of 14th Perry of 7th Timmons of llth Turner of 8th

Game and Fish Subcommittee

Perry of 7th, Chairman Barker of 18th Dean of 31st

Huggins of 53rd Timmons of llth

Parks and Historic Sites Subcommittee

Huggins of 53rd, Chairman Allgood of 22nd English of 21st

Hammill of 3rd Kennedy of 4th

Resources and Environmental Control Subcommittee

Echols of 6th, Chairman Bowen of 13th McKenzie of 14th

Timmons of llth Turner of 8th

PUBLIC SAFETY

Bowen of 13th, Chairman Perry of 7th, Vice Chairman Parker of 15th, Secretary

Brannon of 51st Pollard of 24th Timmons of llth

PUBLIC UTILITIES

Scott of 2nd, Chairman Baldwin of 29th, Vice Chairman Tysinger of 41st, Secretary

Allgood of 22nd Edge of 28th

* REAPPORTIONMENT

Walker of 43rd, Chairman

Foster of 50th

Allgood of 22nd, Vice Chairman

Kennedy of 4th

Coverdell of 40th, Secretary

Kidd of 25th

Barker of 18th

Starr of 44th

Dean of 31st

Taylor of 12th

* Will not count as one of the four allowed committee assignments.

RETIREMENT
Timmons of llth, Chairman Tate of 38th, Vice Chairman Fuller of 52nd, Secretary

Coverdell of 40th Huggins of 53rd Pollard of 24th

82

JOURNAL OF THE SENATE

Dean of 31st, Chairman Barker of 18th, Vice Chairman Scott of 2nd, Secretary
Bowen of 13th Coverdell of 40th Garner of 30th Huggins of 53rd

RULES

Kidd of 25th Peevy of 48th Phillips of 9th Stumbaugh of 55th Tate of 38th Barnes of 33rd,
Ex Officio

Enrolling and Journals Subcommittee

Huggins of 53rd, Chairman Garner of 30th

Scott of 2nd

Bowen of 13th
Dean of 31st Huggins of 53rd

Audit Subcommittee
Peevy of 48th Scott of 2nd

SPECIAL JUDICIARY

Peevy of 48th, Chairman Taylor of 12th, Vice Chairman Edge of 28th, Secretary
Barnes of 33rd

Collins of 17th Dawkins of 45th Fuller of 52nd Ragan of 32nd

TRANSPORTATION

Coleman of 1st, Chairman Huggins of 53rd, Vice Chairman Olmstead of 26th, Secretary
Barnes of 33rd Dean of 31st Echols of 6th

Harris of 27th Johnson of 47th Land of 16th McKenzie of 14th Peevy of 48th Taylor of 12th

Highways and Motor Vehicles Subcommittee

Huggins of 53rd, Chairman Harris of 27th Johnson of 47th

McKenzie of 14th Olmstead of 26th Peevy of 48th

State Ports Subcommittee

Echols of 6th, Chairman Barnes of 33rd Coleman of 1st

Dean of 31st Land of 16th Taylor of 12th

URBAN AND COUNTY AFFAIRS

Harris of 27th, Chairman Ragan of 10th, Vice Chairman Shumake of 39th, Secretary
Fuller of 52nd

Hammill of 3rd Phillips of 9th Turner of 8th Walker of 43rd

Local Affairs Subcommittee

Ragan of 10th, Chairman Fuller of 52nd

Walker of 43rd

MONDAY, JANUARY 9, 1989

83

The President announced that the Senate would stand in recess until 11:15 o'clock A.M.
At 11:15 o'clock A.M., the President called the Senate to order.
The President introduced Dr. James Kaufmann, who is in charge of the doctor of the day program for the General Assembly during the legislative session. Dr. Kaufmann intro duced his wife, Alice Kaufmann, and announced that she would be serving as the nurse in the medical aid station during the 1989 session of the General Assembly.
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. 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.
HR 2. 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 Pannell of the 122nd, Chambless of the 133rd, Robinson of the 96th, Simpson of the 70th, Crawford of the 5th, Randall of the 101st, Stanley of the 33rd and Harris of the 84th.
The following resolution of the House was read and adopted:
HR 2. 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 President appointed as a Committee of Notification on the part of the Senate the following:
Senators Parker of the 15th, Clay of the 37th, Fuller of the 52nd, Pollard of the 24th, Collins of the 17th, Brannon of the 51st and Garner of the 30th.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 11:30 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

84

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, January 10, 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.
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 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 5. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th:
A resolution calling a joint session of the House of Representatives and the Sen ate for the purpose of hearing a message from the Governor.
The Speaker has appointed as a Committee of Escort on the part of the House the following members:
Representatives Pannell of the 122nd, Chambless of the 133rd, Robinson of the 96th, Simpson of the 70th, Crawford of the 5th, Stanley of the 33rd, Harris of the 84th and Byrd of the 153rd.
HR 6. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th:
A resolution inviting the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor.
HR 7. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th:
A resolution calling a joint session of the House of Representatives and the Sen ate for the purpose of hearing a message from the Chief Justice of the Supreme Court.

TUESDAY, JANUARY 10, 1989

85

HR 8. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th:
A resolution relative to adjournment.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 1. By Senator Foster of the 50th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Mountain Protection Act"; to provide a system of regulation of and permitting for land-disturbing ac tivities in certain mountain areas of the state; to define terms; to state legislative findings and legislative intent; to direct local governments to prepare and adopt land use plans and ordinances. Referred to Committee on Natural Resources.
SB 2. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide that employees in the classified service shall be entitled to compensa tion for on-call time; to provide for the rate of compensation; to provide for rules and regulations. Referred to Committee on Governmental Operations.
SB 3. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-8 of the Official Code of Georgia Annotated, relating to procedure for adverse action against permanent status employees gen erally under the merit system, so as to provide that under certain conditions when a permanent status employee appeals an adverse action calling for the dis missal of the employee, the employee shall be entitled to his or her regular compensation. Referred to Committee on Governmental Operations.
SB 4. By Senator Kidd of the 25th:
A bill to amend an Act placing the sheriff of Baldwin County on an annual sal ary, as amended, so as to change the provisions relating to the compensation of the sheriff; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 5. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-524 of the Official Code of Georgia Annotated, relating to filing and allegations of petition to contest a primary or election, so as to change the provisions relating to the time for filing a petition. Referred to Committee on Governmental Operations.
SB 6. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize officers and employ ees of the state to engage in political activities under certain conditions. Referred to Committee on Governmental Operations.

86

JOURNAL OF THE SENATE

SB 7. By Senator Kidd of the 25th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to change the provisions relating to restricted driving permits; to provide that a person whose driver's license has been suspended under certain circumstances for failure to have the minimum insurance required by law may apply to the Department of Public Safety for a restricted driving permit. Referred to Committee on Public Safety.
SB 8. By Senator Kidd of the 25th:
A bill to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting in elections generally, so as to provide that a grandchild, son-in-law, or daughter-in-law may make application for an absentee ballot on behalf of an elector residing temporarily out of the county or a physically disabled elector residing within the county. Referred to Committee on Governmental Operations.
SB 9. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions concerning the merit system generally, so as to change the definition and application of the term "working test employee"; to provide an effective date. Referred to Committee on Governmental Operations.
SB 10. By Senator Kidd of the 25th:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to members of the Employees' Retirement System of Georgia who first or again became members on or after July 1, 1982, so as to provide that such members shall receive creditable service for forfeited annual and sick leave; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal. Referred to Committee on Retirement.
SB 11. By Senator Kidd of the 25th:
A bill to amend an Act placing the judge of the Probate Court of Baldwin County upon an annual salary, as amended, so as to change the provisions relating to the compensation of the judge of the probate court; to provide for the compensation of certain successors to such office. Referred to Committee on Urban and County Affairs.
SB 12. By Senator Kidd of the 25th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Baldwin County into the office of tax commissioner of Baldwin County, as amended, so as to change the provisions relating to the compensation of the tax commissioner; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 13. By Senator Shumake of the 39th:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to enact the "Georgia Insurance and Educational Reinvestment Act for Aid to Fam-

TUESDAY, JANUARY 10, 1989

87

ilies with Dependent Children"; to authorize the authority to act as a self-insurer for the purpose of providing death benefits and disability benefits.
Referred to Committee on Insurance.
SB 14. By Senators Shumake of the 39th and Tate of the 38th:
A bill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student discipline in public schools, so as to prohibit students from carrying electronic communication devices while in school; to provide for exceptions.
Referred to Committee on Education.
SB 15. By Senator Shumake of the 39th:
A bill to amend Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to wells and drinking water, so as to provide certain limita tions on disconnection of residential water service to consumers 65 years of age or older; to provide an income limit; to provide that a public or private entity which owns or operates a public water system shall establish installment pay ment plans.
Referred to Committee on Public Utilities.
SB 16. By Senators Deal of the 49th, Foster of the 50th and Pollard of the 24th:
A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to authorize counties and municipalities to regulate certain land-disturbing activities excluded from regulation under said chapter.
Referred to Committee on Natural Resources.
SB 17. By Senators Kennedy of the 4th, Ray of the 19th and Dean of the 31st:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to provide that there shall be no limit on the amount of unused sick leave which may be accumulated for the purpose of members of the Teachers Retirement System of Georgia ob taining creditable service under said retirement system for such unused sick leave. Referred to Committee on Retirement.
SB 18. By Senators Foster of the 50th, Deal of the 49th, Tate of the 38th and others:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to provide that a certain amount of unused sick leave may be accumulated for the purpose of members of the Teachers Retirement System of Georgia obtaining creditable ser vice under said retirement system for such unused sick leave. Referred to Committee on Retirement.
SB 19. By Senator Allgood of the 22nd:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, the "Georgia Business Corporation Code," so as to provide for cumulative voting of shares in certain family controlled corporations; to provide definitions; to pro vide exceptions; to prevent adoption of and invalidate certain corporate actions in conflict with the foregoing.
Referred to Committee on Judiciary.

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SB 20. By Senator Allgood of the 22nd:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from certain provisions of law relating to carrying or possessing firearms, so as to include within such exemptions certain persons.
Referred to Committee on Judiciary.
SB 21. By Senator Allgood of the 22nd:
A bill to amend Code Section 14-2-510 of the Official Code of Georgia Annotated, relating to venue, so as to change the provisions relating to venue of actions in volving domestic corporations and foreign corporations authorized to transact business in this state; to provide that actions for torts, wrong, or injury done may be brought in the county where the cause of action originated. Referred to Committee on Judiciary.
SB 22. By Senator Allgood of the 22nd:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relating to torts, so as to provide that the rights of peace officers, firelighters, and other public safety employees to recover for injury sustained as a result of the negligence of another shall not be affected because such negligence created the need for the presence of such public safety employees. Referred to Committee on Judiciary.
SB 23. By Senator Broun of the 46th:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for the forfeiture to the state of personal property employed as an instrumentality in the commission of a felony; to define certain terms; to establish forfeiture procedures; to provide for the disposition of forfeited property; to provide for the disposition of proceeds from the sale of forfeited property.
Referred to Committee on Judiciary.
SB 24. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Postsecondary Educational Authorization Act of 1978," so as to change the provisions relating to exemptions; to provide an addi tional exemption; to provide an effective date.
Referred to Committee on Education.
SB 25. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide a procedure by which a sentence of life imprisonment or death may be imposed by the trial judge when the sentencing jury has found the existence of at least one statutory aggravating circumstance but is unable to render a sentencing verdict.
Referred to Committee on Special Judiciary.
SB 26. By Senator Barnes of the 33rd:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to provide funds for constructing, operating, and staffing county jails, county correctional

TUESDAY, JANUARY 10, 1989

89

institutions, and county detention facilities; to provide a short title; to provide a statement of purpose and authority. Referred to Committee on Public Safety.
SB 27. By Senator Barnes of the 33rd:
A bill to amend Code Section 40-8-158 of the Official Code of Georgia Annotated, relating to periodic inspection and maintenance of emission control equipment on motor vehicles, so as to provide a procedure for obtaining a replacement emis sion inspection sticker when a windshield is replaced on a motor vehicle. Referred to Committee on Natural Resources.
SB 28. By Senators Barnes of the 33rd and Kennedy of the 4th:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer"; to thereby authorize membership in the Peace Officers' Annuity and Benefit Fund for employees of the Department of Human Resources who are designated to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility. Referred to Committee on Retirement.
SB 29. By Senators Stumbaugh of the 55th, Shumake of the 39th and Langford of the 35th:
A bill to amend Chapter 26 of Title 33 of the Official Code of Georgia Annotated, relating to industrial life insurance, so as to prohibit the writing, offering for sale, or delivery of industrial life insurance policies when the aggregate amount of pre miums to be paid on such policy exceed the total amount of benefits payable on such policy; to provide for criminal penalties. Referred to Committee on Insurance.
SB 30. By Senators Stumbaugh of the 55th, Allgood of the 22nd, Coleman of the 1st and others:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions under the "Ethics in Government Act," so as to prohibit any industrial loan licensee, insurer, or person or political action committee acting on behalf of such licensee or insurer from making contri butions to or on behalf of the person holding office as Commissioner of Insurance. Referred to Committee on Insurance.
SB 31. By Senators Stumbaugh of the 55th, Taylor of the 12th, Olmstead of the 26th and others:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance, so as to require the Commissioner to release for public dissemination a list of valid complaints against insurance companies which are received by the department; to provide for publication; to provide for availability of such information to other media. Referred to Committee on Insurance.
SB 32. By Senators Stumbaugh of the 55th, Taylor of the 12th, Land of the 16th and others:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to pro vide that the Commissioner of Insurance shall provide by regulation guidelines

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JOURNAL OF THE SENATE

for determining the value of a motor vehicle under certain circumstances; to pro vide for the content of such regulations; to provide an effective date. Referred to Committee on Insurance.
SB 33. By Senators Stumbaugh of the 55th, Taylor of the 12th, Foster of the 50th and others:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide for an insur ance consumer advocate to participate in certain rate filings; to provide for legis lative intent and findings; to provide for the appointment, qualifications, and compensation of the insurance consumer advocate. Referred to Committee on Insurance.
SB 34. By Senators Stumbaugh of the 55th, Foster of the 50th, Land of the 16th and others:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance, so as to prohibit per sons employed in certain positions in the department from engaging in other em ployment; to prohibit such persons from providing certain services to being em ployed by, or representing or acting on behalf of certain insurance companies. Referred to Committee on Insurance.
SB 35. By Senators Stumbaugh of the 55th, Foster of the 50th, Taylor of the 12th and others:
A bill to amend Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to the filing of certain rates, plans, rating systems, or underwriting rules with the Commissioner of Insurance, so as to provide that no rate, rating plan, rating system, or underwriting rules shall become effective unless it has been ap proved by the Commissioner. Referred to Committee on Insurance.
SB 36. By Senators Stumbaugh of the 55th, Taylor of the 12th, Olmstead of the 26th and others:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide for an insur ance consumer advocate to participate in certain rate filings; to provide for legis lative intent and findings; to provide for the appointment, qualifications, and compensation of the insurance consumer advocate. Referred to Committee on Insurance.
SB 37. By Senators Peevy of the 48th, Dawkins of the 45th, Dean of the 31st and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to enact the "Recall Act of 1989"; to provide for the recall of any public official on the grounds that such official has, while holding any public of fice, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her current office and adversely affects the rights and interests of the public. Referred to Committee on Governmental Operations.
SB 38. By Senators Howard of the 42nd, Johnson of the 47th and Starr of the 44th:
A bill to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions regarding handicapped persons, so as to provide for

TUESDAY, JANUARY 10, 1989

91

a definition; to provide for the establishment of the Georgia Service Center for Hearing Impaired Persons and the services to be provided by that center. Referred to Committee on Human Resources.
SB 39. By Senators Howard of the 42nd and Starr of the 44th:
A bill to amend Code Section 31-12-6 of the Official Code of Georgia Annotated, relating to a system for prevention of mental retardation, so as to include a new disorder which causes mental retardation. Referred to Committee on Human Resources.
SB 40. By Senator Howard of the 42nd: A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for the release and examination of certain records of deceased mentally ill, mentally retarded, and alcoholic or drug dependent persons.
Referred to Committee on Human Resources.
SR 4. By Senators Dawkins of the 45th, Allgood of the 22nd and Coverdell of the 40th:
A resolution proposing an amendment to the Constitution so as to provide that all sessions of the General Assembly and all meetings of appointed committees thereof shall be open to the public; to provide for the submission of this amend ment for ratification or rejection. Referred to Committee on Governmental Operations.
SR 5. By Senator Barnes of the 33rd:
A resolution authorizing the conveyance of certain state owned property located in the City of Marietta, Georgia, to the Downtown Marietta Development Au thority; to authorize the sale of certain state owned property which is the subject of a lease with the City of Marietta under certain conditions; to provide an effec tive date. Referred to Committee on Public Utilities.
SR 6. By Senator Shumake of the 39th:
A resolution creating the Senate Use of the Georgia National Guard to Help Combat Drug Trafficking in Counties and Municipalities Study Committee. Referred to Committee on Defense and Veterans Affairs.
SR 7. By Senator Kidd of the 25th:
A resolution creating the Joint Legislative Committee on Economy, Reorganiza tion, and Efficiency in State Government and providing for the powers and du ties of such committee. Referred to Committee on Governmental Operations.
SR 8. By Senators Engram of the 34th and Kidd of the 25th: A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law provide for a state lottery; to provide for the regulation of the state lottery; to prohibit other lotteries; to provide for the sub mission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.

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JOURNAL OF THE SENATE

SR 9. By Senator Broun of the 46th:
A resolution creating the Senate Postsecondary Vocational Education Labora tory, Equipment, and Library Research Needs Study Committee. Referred to Committee on Education.

SR 10. By Senator Broun of the 46th:
A resolution creating the University System Laboratory, Equipment, Rehabilita tion Technology, and Eminent Scholars Endowment Study Committee. Referred to Committee on Higher Education.

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

Albert Allgood Baldwin Barker Barnes Bwen Brannon B,,BClruaoryut, onn Coleman
Collins Coverdell
Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gfflis Hamnull iHHHiouarwgrgiasirndjs Johnson
Kennedy Kidd
Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd ^ aocSccoo,,tt,,tt ooiff,. ,,z3,,n,,6.dt,>h Shumake
btarr Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Senator Fincher of the 54th introduced the chaplain of the day, Dr. Bob Partridge, pastor of the Boynton United Methodist Church, Ringgold, Georgia, who offered scripture reading and prayer.

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

SR 11. By Senator Pollard of the 24th: A resolution commending Honorable D. T. Danner.

HR 5. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others:
A resolution calling a Joint Session of the House of Representatives and Senate at 10:45 o'clock A.M. on Wednesday, January 11, 1989, in the Hall of the House of Representatives for the purpose of hearing an address from His Excellency, Governor Joe Frank Harris, at 11:00 o'clock A.M.

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

Senators Barnes of the 33rd, McKenzie of the 14th, Baldwin of the 29th, Starr of the 44th, Walker of the 43rd, Allgood of the 22nd and Kennedy of the 4th.

TUESDAY, JANUARY 10, 1989

93

HR 6. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the Joint Session of the House of Representa tives and Senate in the Hall of the House of Representatives at 10:45 o'clock A.M. on Wednesday, January 11, 1989, for the purpose of hearing a message from His Excellency, Governor Joe Frank Harris.
HR 7. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution calling a Joint Session of the House of Representatives and the Sen ate at 9:45 o'clock A.M. on Friday, January 13, 1989, for the purpose of hearing an address at 10:00 o'clock A.M. from Honorable Thomas O. Marshall, Jr., Chief Justice of the Supreme Court.
The President appointed as a Committee of Escort on the part of the Senate the following:
Senators Deal of the 49th, Peevy of the 48th, Taylor of the 12th, Dawkins of the 45th, Johnson of the 47th, Edge of the 28th and Parker of the 15th.
HR 8. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, January 13, 1989, and to reconvene at 10:00 o'clock A.M. on Monday, January 23, 1989.
Serving as doctor of the day today was Dr. Joy A. Maxey, of Atlanta, Georgia.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 10:35 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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JOURNAL OF THE SENATE

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Senate Chamber, Atlanta, Georgia

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Wednesday, January 11, 1989

i0

Third Legislative Day

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The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.

Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.

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By unanimous consent, the reading of the Journal was dispensed with, and the Journal

was confirmed.

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:

SB 41. By Senator Kidd of the 25th:

A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia

Annotated, relating to the State Merit System of Personnel Administration, so as

to authorize employees in the classified service who have accumulated sick leave

to utilize such sick leave at any time such employees are sick; to authorize a

supervisor to require that an employee who is absent from work on sick leave for

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three or more days to provide written confirmation.

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Referred to Committee on Governmental Operations.

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SB 42. By Senator Kidd of the 25th:

:

A bill to amend Article 12 of Chapter 3 of Title 21 of the Official Code of Georgia

Annotated, relating to returns in municipal elections, so as to provide for a re

count of the votes upon the petition of any candidate or political party or upon

the motion of the superintendent; to provide procedures with respect to such

recount in precincts where paper ballots or vote recorders have been used.

Referred to Committee on Governmental Operations.

SB 43. By Senator Kidd of the 25th:

A bill to amend Code Section 43-4A-16 of the Official Code of Georgia Anno

tated, relating to the signing of a contract prior to termination of an athlete's

college eligibility under the "Georgia Athlete Agents Regulatory Act of 1988," so

as to require an athlete agent to provide notification upon the signing of an ath-

;

lete to an agent contract prior to the termination of the athlete's college

eligibility.

Referred to Committee on Governmental Operations.

SB 44. By Senator Kidd of the 25th:

A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds and other bonds required on contracts with the state and other political subdivisions for public works, so as to require contractors to pro vide payment bonds for the use and protection of persons supplying labor or materials to a subcontractor of the principal contractor.

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Referred to Committee on Industry and Labor.

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SB 45. By Senator Kidd of the 25th:

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A bill to amend Code Section 21-5-31 of the Official Code of Georgia Annotated,

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relating to contributions or expenditures other than through a candidate or cam-

WEDNESDAY, JANUARY 11, 1989

95

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paign committee, so as to provide that contributions to any candidate from any

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person which do not exceed $100.99 in the aggregate do not require separate re-

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porting in the county or municipality of such candidate's residence.

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Referred to Committee on Governmental Operations.

SB 46. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide for the payment of overtime to employees in the classified service un less employees agree in writing to accept compensatory time in lieu of overtime pay; to provide for the computation of the overtime premium.
Referred to Committee on Governmental Operations.

SB 47. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide that regular full-time employees in the classified service who are em ployed by the Department of Human Resources in state operated hospitals or by the Department of Corrections in correctional facilities and are assigned to duty on evening or night shifts shall be eligible for a certain supplement.
Referred to Committee on Governmental Operations.

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SB 48. By Senators Stumbaugh of the 55th, Peevy of the 48th, Deal of the 49th and

ix

others:

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A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated,

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known as the "Ethics in Government Act," so as to change the definition of cer

tain terms; to change certain provisions relating to contributions made to a can

didate or campaign committee or for recall of a public officer; to change the pro

visions relating to contributions or expenditures other than through a candidate

or committee.

Referred to Committee on Governmental Operations.

SB 49. By Senators Stumbaugh of the 55th, Peevy of the 48th, Kidd of the 25th and others:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rule making, rates, and related organizations with re spect to insurance, so as to provide for a reduction in premium charges for cer tain motor vehicle insurance coverage for persons 55 years of age or older who complete a motor vehicle accident prevention course.
Referred to Committee on Insurance.

SB 50. By Senator Stumbaugh of the 55th:

A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated,

relating to general provisions regarding insurance, so as to require insurers to

:

accept by-hand delivery of certain affidavits regarding stolen motor vehicles; to

provide for criminal penalties for such delivery in cases involving certain false

statements.

Referred to Committee on Insurance.

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SB 51. By Senators Turner of the 8th, Harris of the 27th, Walker of the 43rd and Mc-



Kenzie of the 14th:

;;

A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia

.;

Annotated, relating to residential and family farm mortgages, so as to expand

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JOURNAL OF THE SENATE

legislative findings; to change certain definitions; to expand the scope of purposes

for which bonds may be issued by the Georgia Residential Financial Authority;

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to limit the amounts of certain types of bonds which may be issued.

Referred to Committee on Banking and Finance.

SB 52. By Senator Howard of the 42nd:
A bill to amend Code Section 16-9-55 of the Official Code of Georgia Annotated, relating to fraudulently obtaining or attempting to obtain public housing or a reduction in public housing rent, so as to change the definition of "public hous ing"; to provide an effective date.
Referred to Committee on Urban and County Affairs (General).

SB 53. By Senators Coleman of the 1st, Kennedy of the 4th, Dean of the 31st and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length limitations for vehicles and loads, so as to increase the maxi mum overall length of vehicles and semi-trailers authorized; to provide limita tions; to provide a definition.
Referred to Committee on Transportation.

SB 54. By Senator Shumake of the 39th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensing and regulation of check-cashing centers by the commissioner of banking and finance; to provide for definitions; to authorize the performance of certain activities and services by licensees, subject to certain limitations.
Referred to Committee on Banking and Finance.

SB 55. By Senator Shumake of the 39th:
A bill to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest of public officers and employees, so as to prohibit public school employees, teachers, and administrators from engaging in any political activity involving bond referenda; to provide a penalty.
Referred to Committee on Education.

SB 56. By Senator Shumake of the 39th:
A bill to amend Code Section 40-5-25 of the Official Code of Georgia Annotated, relating to fees for a driver's license, so as to exempt driver's license fees for applicants who are 65 years of age or older.
Referred to Committee on Public Safety.

SB 57. By Senator Shumake of the 39th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to eliminate the school readiness assessment for students entering the first grade.
Referred to Committee on Education.

SB 58. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the provisions relating to credit for service rendered by the secretary-

WEDNESDAY, JANUARY 11, 1989

97

treasurer of the board of commissioners of such retirement fund and retirement benefits for said secretary-treasurer. Referred to Committee on Retirement.
SB 59. By Senators Echols of the 6th, Gillis of the 20th, Coleman of the 1st and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the comprehensive regulation of shellfish; to provide for definitions; to delete certain rights to take shellfish from streams and estuaries; to change certain provisions relating to required records with respect to commercial fishing. Referred to Committee on Natural Resources.
SB 60. By Senators Dawkins of the 45th, Peevy of the 48th, Johnson of the 47th and Stumbaugh of the 55th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to create and establish the Self-insurers Guaranty Trust Fund; to provide for legislative intent; to define certain terms; to provide for the purposes and investments of the fund; to provide for the appoint ment of the board of trustees of the fund and the terms of office, method of filling vacancies, removal, powers, and compensation of the board of trustees. Referred to Committee on Industry and Labor.
SB 61. By Senators Dawkins of the 45th and Edge of the 28th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to redefine what shall be considered an injury or personal injury; to change the eligibility requirements for the position of director emeritus of the board; to provide for the compensation of the chair man and members of the State Board of Workers' Compensation and administra tive law judges. Referred to Committee on Industry and Labor.
SB 62. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change the provisions relating to the powers and duties of the Georgia Crime Victims Compensation Board; to provide that the Georgia Crime Victims Compensation Board shall administer Article 2 of Chap ter 14, relating to distribution of profits of crimes. Referred to Committee on Corrections.
SB 63. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, known as the "Uniform Reciprocal Enforcement of Support Act," so as to remove the responsibility for collecting certain civil support payments from the probation department of the court; to amend Code Section 42-8-32 of the Official Code of Georgia Annotated, relating to funds which may be collected by probation supervisors, so as to remove the provision that probation supervisors may collect funds. Referred to Committee on Corrections.
SB 64. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to members of the Employees' Retirement System of Georgia who first or again became members on or after July 1, 1982, so as to provide that such

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JOURNAL OF THE SENATE

members shall receive creditable service for forfeited annual and sick leave; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal. Referred to Committee on Retirement.
SB 65. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Code Section 19-10-1 of the Official Code of Georgia Annotated, relating to abandonment of a child and penalties therefor, so as to provide proce dures and requirements relative to the suspension of sentences for abandonment; to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relat ing to hearings and determinations on the question of the probation of a defend ant, so as to delete the provisions relating to the suspension of sentences of abandonment. Referred to Committee on Corrections.
SB 66. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Code Section 16-10-52 of the Official Code of Georgia Annotated, relating to the offense of escape, so as to change the provisions relating to said offense; to provide that revocation of probation for conduct in violation of said Code section shall not preclude an independent criminal prosecution under said Code section; to provide an effective date. Referred to Committee on Corrections.
SB 67. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Code Section 42-8-72 of the Official Code of Georgia Annotated, relating to community service as a condition of probation, so as to provide an option for the court to order a 40 hour per week work detail in lieu of incarcera tion; to provide for additional community service hours for disciplinary reasons in lieu of incarceration; to provide an effective date. Referred to Committee on Corrections.
SB 68. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the mandatory one-year sus pension of driver's licenses or permits of juveniles found to have committed cer tain delinquent acts; to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for the mandatory one-year suspension of driver's licenses. Referred to Committee on Special Judiciary.
SB 69. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Code Section 42-8-27 of the Official Code of Georgia Annotated, relating to the duties of probation supervisors, so as to provide that probation supervisors shall supervise and counsel only those state and superior court proba tioners in the judicial circuit to which the supervisor is assigned; to provide an effective date.. Referred to Committee on Corrections.
SR 12. By Senator Kidd of the 25th:
A resolution recognizing the month of May, 1989, as "Motorcycle Awareness and You Month" in Georgia. Referred to Committee on Public Safety.

WEDNESDAY, JANUARY 11, 1989

99

ij|

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

i

H Mr. President:

The Committee on Governmental Operations has had under consideration the following bill and resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 37. Do pass. SR 4. Do pass. SR 7. Do pass.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

The President callrd 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 English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead

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

Not answering were Senators Coverdell and Shumake.

Senator Brannon of the 51st introduced the chaplain of the day, Dr. John Bledsoe, pastor of Morningside Baptist Church, Atlanta, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 13. By Senators Broun of the 46th and Bowen of the 13th: A resolution congratulating University of Georgia Head Coach, Ray Goff.

Senator Broun of the 46th introduced Ray Goff, the new Head Football Coach of the University of Georgia, who briefly addressed the Senate.

Senator Allgood of the 22nd moved that the Senate recess at 10:40 o'clock A.M. until 10:45 o'clock A.M., the hour for the Joint Session of the Senate and House called for the purpose of hearing a message from His Excellency, Governor Joe Frank Harris, and that the Senate stand adjourned immediately upon dissolution of the Joint Session until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

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JOURNAL OF THE SENATE

The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of hearing a message from His Excellency, Governor Joe Frank Harris, was called to order by the President of the Senate. HR 5, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.
His Excellency, Governor Joe Frank Harris, addressed the Joint Session of the Senate and House of Representatives as follows:
Lieutenant Governor Miller, . . . Speaker Murphy, . . . members of the General As sembly, . . . members of the Appellate Courts, . . . constitutional officers, . . . members of the consular corps, . . . distinguished guests, . . . ladies and gentlemen:
Twenty-five years ago, I was a freshman representative from Cartersville, . . . green as grass but excited to be here . . . and wide-eyed at being a member of the Georgia General Assembly and a part of the history of this state. It is for these reasons that this year is especially meaningful to me.
Some might expect me to take this occasion to reflect on the many changes I have seen in Georgia over the course of 25 years, . . . the progress that has occurred, . . . the projects with which I have been involved, . . . the good people with whom I have been fortunate to work.
But don't worry. I am not one to look back. Let's look ahead! The time is now!
Today I feel the urgency for us to get right down to business. In contrast to other State of the State speeches - when I have discussed the successes of the past and goals for the future - profound and far-reaching events at this time demand a break in tradition.
This year the State of Georgia is facing serious budget constraints, . . . and a lot more than wishful thinking is needed to resolve the situation. Our financial obligations are stretched to their limit - and still growing. We have a responsibility to continue a consistent level of state services . . . and to make improvements in priority areas such as education. At the same time, we are being forced to react to costs for health care and Medicaid that are spiraling out of sight.
For fiscal year 1990, ... I am projecting a 7.9 percent growth in revenues from existing taxes. This will result in $496 million in new funds . . . positive revenue growth that is the envy of most states, . . . but I must be candid enough to say that I do not expect those revenues to be sufficient to meet the needs we face.
Therefore, I am seeking a six-cent increase in Georgia's gasoline tax . . . effective March 1. It is estimated that the higher gas tax will bring in $261 million that would be available for appropriation from the general treasury for needs throughout state government in the first year.
All totalled, revenues from existing tax sources . . . plus those funds to be derived from the six-cent gas tax hike . . . will boost our budget by $817 million . . . and become Geor gia's first $7 billion budget - $7,071 billion to be exact.
In the short term, a six-cent motor fuel tax increase will provide some relief and flexi bility in meeting our responsibilities. But in the long term - and this is most important - it will eliminate the need for continuing general fund appropriations to the Department of Transportation . . . and eliminate the need for the bonded indebtedness we are incurring annually for highway construction.
In recent years, the D.O.T. has received cash and bond proceeds from the general fund totalling about $100 million annually. This is in addition to the constitutionally earmarked funds. My proposal means that these monies will be freed for other uses in state govern ment, such as education, human services and corrections.
We will be funding an aggressive new road-building program - the Governor's Road

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Improvement Program known as G.R.I.P. - some 2,700 miles of four-lane roads and truck access routes. Not only will safety be improved, but many areas struggling for economic vitality will receive a needed boost.
Since I announced my plans to seek a six-cent increase in the state gasoline tax, I have heard from many Georgians. Businesses, chambers of commerce and local governments have been generally enthusiastic about my plan. They recognize the potential benefits from ex panded road construction and increased safety.
Truthfully, some individuals have voiced concerns that a gas tax hike may unfairly bur den those on fixed incomes or at the lower income range.
The motor fuel tax is a user fee ... and should impact the average Georgia driver only about $3.75 per month. Importantly, it is estimated that approximately one-third of pro jected tax proceeds will come from out-of-state motorists.
Georgia has not had a tax increase of any kind since 1971. In fact, Georgia is the only state that has not raised taxes in the past seven years. All other states have raised taxes in some area to fund budget shortfalls, while we have continued positive revenue growth. The decision to seek a gasoline tax increase was not made lightly ... or without full considera tion of all possible alternatives.
When I became your Governor, . . . our reserves stood at only $637,000 - when they should been at about $114 million. A slowdown in the economy had forced us to dip into our rainy day fund - and almost deplete it.
Today those reserves stand at almost $200 million. That's how much we have on hand in our savings account, so to speak - in case of a dire emergency. We rebuilt those reserves through tough management and the proceeds from a growing economy. We did not squan der our wealth, . . . and while building our reserves, we have funded over $2.4 billion in education improvements.
I don't believe a single one of you ran for elected office without realizing the serious responsibilities of doing what is right . . . and what is best for the people you represent. Each vote you cast is not always easy. You are reasonable men and women.
This is not a time to panic ... or to knee-jerk ... or to overreact. I sincerely believe that if we buckle down in the saddle, we can manage the situation successfully. We have done it before, . . . and we can do it again. It is time for statesmanship, . . . not political one-upmanship.
The same should be said when it comes to the legislation I am presenting to you in support of the Growth Strategies Commission report. Over the course of your deliberations, ... it may seem all too easy to deal away our state's future in return for some short-term, short-sighted or self-serving political gain . . . but I am asking you to think first of the generations that will follow us ... and the legacy we hope to leave for them.
That legacy should include clean and plentiful water, . . . safe and accessible transpor tation, ... a quality workforce, . . . incentives for economic development, ... a planning process that protects home rule but encourages regional thinking, . . . the involvement of the private sector with local government and regional associations, . . . and, most impor tant, a blueprint for action when action is required.
For 18 months, private citizens, environmentalists, development professionals, business and government leaders worked ... as members of the Growth Strategies Commission . . . to devise a plan and mechanisms to allow Georgia to manage and promote economic activity . . . while protecting precious natural resources.
Their nine-point strategy for a quality growth partnership preserves what is best about Georgia . . . while creating new tools for meeting the challenges of the future.
There are four pieces of legislation which we need in order to implement their report:
- First, the Water Supply Act to authorize the Department of Natural Resources to

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acquire sites for regional water supply reservoirs, . . . build and operate them. The state's investment would be recouped through user fees paid by local governments contracting for water.
- Amendments to the Erosion and Sedimentation Act to provide new protections for our water resources . . . along with penalties for non-compliance.
- An amendment to the Environmental Facilities Authority to allow loans for solid waste projects.
- And a major planning bill to revamp the Department of Community Affairs, ... es tablish the Governor's Development Council, . . . create regional development centers from existing A.P.D.C.'s, . . . authorize state and local planning functions . . . and allow D.N.R. to develop standards in planning for water sources.
To support the recommendations of the Growth Strategies Commission . . . over and above QBE and motor fuel tax funds, ... I am asking you to approve a total of $31 million, including:
- $6 million in bond proceeds to start acquiring land for regional reservoir sites already identified. Another $300,000 is requested for feasibility studies leading to acquisition of other sites and staff support.
- $50,000 to prepare for implementing a solid waste loan program by the Environmental Facilities Authority.
- $4 million to implement a state-coordinated planning program with $875,000 going to create an economic growth planning division within the Department of Community Affairs.
- $3 million for A.P.D.C.'s and soon-to-be-formed regional development centers.
- $2 million to create a local development fund to help support local growth planning.
- $100,000 to launch a business capital program to help low-growth areas.
- $290,000 for a new freshwater wetlands program.
- $200,000 for a statewide commission to plan how to develop a quality workforce.
- $50,000 to prepare and structure a seed capital fund for advanced technology start-up companies.
A related recommendation to you calls for a $40 million increase in state's water and sewer loan program operated by the Environmental Facilities Authority . . . bringing the total revolving loan program to $120 million.
Growth strategies can best be described as a new way of thinking about old problems . . . thinking ahead . . . and thinking big. The inducement to local governments to adopt this new way of thinking is to make planning a requirement for receiving grants adminis tered by various agencies. The carrot and stick approach is attractive and usually successful. In fact, it rarely fails.
Should we fail to act, ... we will guarantee a future that is less than our full potential ... a future in which our children will still be grappling with urban overgrowth, . . . strained water resources, . . . stagnant rural areas . . . bottlenecked roadways . . . and a workforce lacking critical skills.
I am extremely excited about the possibilities we hold in our hands, . . . and to use an old phrase, it is now or never ... no more studying, no more stalling. We have the power and the obligation - this session - to make the tough decisions and hard choices that will secure a bright future for our children and our grandchildren.
We have already taken great strides in recent years on behalf of our young people through support for increased education expenditures, . . . and I am recommending to you today a budget of almost $2.7 billion for public schools. This is more than double the educa tion budget in effect when I took office.

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Total new funding for public schools comes to $335.7 million, including health care costs and a 3 percent teacher pay raise. . . bringing average teacher pay to $28,100 and beginning teacher pay to $18,357. Counting local supplements, average beginning teacher pay will top $20,500. This will maintain our leadership in the southern states. I am also proposing to raise the longevity factor from 2.8 percent to 2.9 percent at a cost of $13.4 million.
To continue my commitment to education, I have fully funded this year's requirement for the Quality Basic Education Act. Among the specifics are:
- $19.9 million for special instructional assistance.
- $16.4 million for in-school suspension.
- $11 million for the first phase of a statewide career ladder.
- $7.7 million for leadership responsibility supplements.
- $5.2 million for middle school incentive grants.
- $75.1 million for cash school construction.
- and $14.7 million to build 17 new libraries, bringing the total during our administra tion to 120 new libraries. This is an accomplishment in which I know we share a lot of pride.
In contrast to college enrollments across the country, . . . our university system has seen a 19 percent increase in the last three years. This past fall, we had an increase of over 8,000 new students. This requires an increase of over $48 million to fund this additional enrollment.
Fifteen million dollars in bond funds will be required to expand the student centers at Southern College of Technology and Savannah State College and to build Phase I of a con tinuing education building at Clayton State College. Another $4.5 million is requested to equip our new manufacturing research center at Georgia Tech.
With a goal of securing our status as the leading paper research and development center in the country,... I am recommending $4.2 million to build an addition at the Herty Foun dation to house state-of-the-art machinery being bought with private donations. Another $300,000 is needed for forestry research at the University of Georgia. Final funding for the institute of paper chemistry at Georgia Tech was recommended in the amended budget.
Our technical institutes provide training for 130,000 Georgians each year. To continue upgrading these facilities, I am recommending an operating budget increase of $8.3 million . . . plus another $7.6 million in bonds for new construction, repairs and maintenance.
Teachers in technical institutes would also receive a 3 percent pay raise, . . . while state employees, university system personnel, and state-paid school bus drivers and lunchroom workers would receive a 2.5 percent increase. All state employees will realize a minimum pay raise of $450. My total pay raise package comes to $136.2 million, . . . with $102.3 million earmarked for increases in education.
The most serious budget problem we face is Medicaid, . . . providing health care to the needy. Just to continue funding current benefits, I must recommend an increase of $137.6 million in state funds.
This represents a 34 percent jump over current appropriations. Counting federal funds, our Medicaid budget approaches $1.6 billion for a program that was only started in 1967.
Health claims by about 200,000 teachers, state employees, retirees and their dependents are on a runaway pace rivaling Medicaid. In addition to the nearly $40 million shortfall addressed in my amended budget recommendations, I must ask for another $58 million for 1990.
This means we must provide more than $100 million at this session to pay teacher and employee health claims. Employees should expect higher contributions also.
In hopes of avoiding another year of runaway health care costs, I am recommending a

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mandatory utilization review program for the State Health Benefit Plan at a cost of $700,000 . . . and three programs costing $861,000 to control the Medicaid explosion. These include medical necessity review, . . . preadmission for elective hospital admissions . . . en hanced surveillance and utilization review, third party liability, benefits recovery and other cost containment functions.
No problem of state government concerns me more than the astronomical increases in health benefits for our state employees, . . . public school teachers . . . and university sys tem employees. Despite repeated efforts to contain costs, ... we have not been successful.
Continued increases have the potential to impact every program of state government. The situation has become too serious for band-aid actions. We must take control of this problem and find a permanent solution.
Towards this objective, ... I will soon sign an executive order creating a special task force to study the problem very quickly and tell us how we can contain health costs. Mem bers of this committee will include large private employers, . . . health care providers, . . . university system personnel . . . and the general assembly. Also, an independent outside consultant will be employed.
With our employees' health costs now greater than the state's 1965 budget,... we have no choice but to get the answers that have eluded us so far.
Soaring health care costs are also reflected in my proposal for an $81 million budget increase for the Department of Human Resources. This will boost the state-funded Human Resources budget to over $965 million, an increase of 32 percent in only three years.
My improvement requests will provide new services for aids patients,. . . more commu nity-based treatment for the chronically mentally ill, the mentally retarded, the elderly, and severely emotionally disturbed children and adolescents, . . . new services for juvenile of fenders, . . . expanding the P.E.A.C.H. program to seven new counties, . . . and raising the standard of need for A.F.D.C. recipients by 10 percent. Some $16.6 million will provide bond funds for improvements at eight DHR facilities.
To continue our growth as a vacation site for Georgians and out-of-state visitors, ... I am requesting $15 million in bond funds for the second phase of our new game and fish land acquisition program, . . . $1.6 million to complete the golf course at Veterans State Park, ... $1 million each for the Atlanta Zoo and Chehaw Park in Albany, . . . and $1 million to cover first year operation of the new lodges and conference centers at Amicalola Falls, . . . Red Top Mountain and George Bagby state parks.
With your approval last session for the land purchase, . . . another $28 million is re quested to now build a mountain resort on this 450-acre site near Young Harris.
To promote our resort, parks and recreational areas, I am proposing to add $500,000 to our tourism advertising budget, completing a five-year expansion in this area. Tourism is now an $8.7 billion business and our state's second largest industry, . . . and in recognition of this, I am proposing to add "tourism" to the title of the Department of Industry and Trade.
Crime is continuing to be a major budget burden. Georgia now houses almost 21,000 inmates in 26 state prisons, seven transitional centers and 28 county-owned workcamps. In addition, over 111,000 persons are under active probation supervision and confined in 19 diversion centers.
Over the next 18 months, we will be opening five new prisons with a capacity of 1,769 inmates . . . and eight probation detention centers with an ultimate capacity of 1,200. I am therefore recommending $31.1 million in operating costs involved mainly in opening and operating new institutions, . . . and expanding probation and parole programs providing an alternative to incarceration.
These actions will greatly relieve the jail backlog. I am also seeking an increase of $2.4 million to help offset costs incurred by counties holding state prisoners.

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In addition, I am recommending almost $11.5 million in bonds to fund various phases of construction at five institutions that will add almost 3,000 beds to the prison system when they open in FY 1991. Funds also are requested to begin planning a new women's prison in Pulaski County.
Included in the Corrections budget increase are funds to hire 654 new personnel, bring ing the Corrections Department labor force to 9,067 employees - an increase of 3,200 posi tions during my administration.
For the Department of Public Safety to begin a new commercial driver's license pro gram, ... I am requesting $2 million. This is a program mandated by the federal government.
To continue improvements to the computer operations at the Department of Revenue, I am recommending $1.4 million.
A $100,000 increase in arts grants is recommended, bringing the total to $2.8 million.
In spite of the difficulties and the challenges we now face, . . . the condition of our state remains good. This past year brought another record in economic development ... A $3 billion year in manufacturing investment, 88 percent of which located outside the 18-county metro Atlanta area. For 61 months, we have created an average of over 9,000 new jobs per month, . . . and today we have a higher percentage of our citizens working than ever in our history.
The diversification of our economy overall has continued to serve us well . . . with steady expansions in foreign investment and increased exports of Georgia products. Our students' S.A.T. scores shot up eight points last year, . . . the greatest increase among all of the states. Georgia leads all the southern states in spending for research and development, . . . and three of the top 100 institutions in research and development spending are here in Georgia. Only six states exceed this ranking.
Three Georgia counties are listed among the 12 fastest growing in the country. Twentyfive new banks opened in 1988, . . . and 15 more have been approved to open when their stock is sold. Georgia leads the nation in pulp and paper production, . . . and last year we set a record in tonnage passing through our deepwater ports.
Our agricultural economy has weathered the drought years successfully, . . . and 1988 even saw record production of some crops. Agriculture and agri-business continue to make a valuable contribution to the health of our economy.
Clearly, the momentum is with us. The next 38 days will determine if we have the courage,. . . the wisdom . . . and the will to work together to make the tough decisions that are going to be required if we are to continue this momentum . . . and even to reach new levels of accomplishment.
Nothing worthwhile can be achieved without the desire to succeed and the strength to sacrifice. This year, our budget asks for sacrifices by all, . . . but it imposes an undue bur den on no one.
Some hard choices will fall to you . . . because you were not elected to pass the buck ... to point the finger of blame . . . or to sidestep responsibility. The voters selected you to provide leadership and direction for our state, . . . not just in the good times but in the tough times as well.
Ultimately, however, you will have to answer to a far more critical judge than six and one-half million Georgians. There will come a day when you will have to look into the mirror and tell your own heart and conscience that you did your best, . . . that you met the chal lenge head on ... that you were not afraid of difficult decisions that involved the assess ment of risk. You are here today because the voters believed you have what it takes, . . . and I do not believe you will let them or me down.
Thank you and God bless you.

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Senator Allgood of the 22nd moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
Serving as doctor of the day today was Dr. Jean Kinard of Rossville, Georgia.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Thursday, January 12, 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.
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 message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 31. By Representatives Greene of the 130th and Edwards of the 112th: A bill to amend an Act creating the Board of Commissioners of Chattahoochee County, so as to change the provisions relating to the compensation of the chair man and members of the board.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 70. By Senators McKenzie of the 14th, Gillis of the 20th, Turner of the 8th and others: A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to the management, handling, and disposal of solid waste, so as to provide for definitions; to provide for certification of sanitary landfill opera tors; to provide for examinations; to provide for reciprocity; to provide for inves tigations; to provide for classification of sanitary landfills.
Referred to Committee on Natural Resources.
SB 71. By Senator Timmons of the llth: A bill to amend Chapter 10 of Title 47, known as the "Trial Judges and Solicitors Retirement Fund Act," so as to change the provisions relating to the definition of "average annual compensation"; to change the provisions relating to the basis for employer and employee contributions to the fund; to repeal a provision relating to the fee system of compensation and reports in connection therewith.
Referred to Committee on Retirement.
SB 72. By Senator Timmons of the llth: A bill to amend Chapter 13 of Title 47 of the Official Code of Georgia Annotated, the "District Attorneys' Retirement Act," so as to change the provisions relating to the definition of "average annual compensation"; to provide that members of the retirement system may retain membership while holding certain other posi tions or offices; to change the provisions relating to retirement and disability benefits.
Referred to Committee on Retirement.

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SB 73. By Senator Timmons of the llth:
A bill to amend Chapter 15 of Title 47 of the Official Code of Georgia Annotated, relating to superior court reporters emeritus, so as to provide for the office of senior superior court reporter and the office of senior state court reporter; to provide for salaries of such offices and for the payment of such salaries. Referred to Committee on Judiciary.
SB 74. By Senator Timmons of the llth:
A bill to amend Code Section 26-2-112 of the Official Code of Georgia Annotated, relating to exceptions to the provisions requiring inspection of the slaughter of animals and the preparation of the carcasses, parts thereof, meat, and meat food products, so as to change the exception relating to the slaughtering and process ing of rabbits. Referred to Committee on Agriculture.
SB 75. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System, so as to provide that a member who is reelected to a new term of office at the 1988 general election shall, regardless of age, continue to make employee contributions as long as the member continues to hold office as a superior court judge; to provide an effective date. Referred to Committee on Retirement.
SB 76. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System, so as to provide that a certain judge of the superior court who became 75 years of age during a term of office shall have the right to serve during another term of office as a superior court judge. Referred to Committee on Retirement.
SB 77. By Senators Timmons of the llth and Bowen of the 13th:
A bill to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees' Retirement System of Georgia, so as to authorize creditable service to be obtained for former service as a temporary employee; to provide for defini tions; to provide conditions and requirements for obtaining such creditable service. Referred to Committee on Retirement.
SB 78. By Senator Timmons of the llth:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relating to the definition of creditable service; to provide creditable service for certain military service and for requirements and limitations relative thereto. Referred to Committee on Retirement.
SB 79. By Senator Timmons of the llth:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relating to membership in the system; to amend

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Chapter 10 of Title 47 of the Official Code of Georgia Annotated, relating to the "Trial Judges and Solicitors Retirement Fund Act," so as to change the provisions.
Referred to Committee on Retirement.
SB 80. By Senators Timmons of the llth and Ragan of the 10th:
A bill to amend Article 6 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to eligibility for retirement under the Teachers Retirement System of Georgia, so as to authorize early retirement on the basis of 30 years of service for certain members who will attain 30 years of service by not later than a certain date of an ensuing school year.
Referred to Committee on Retirement.
SB 81. By Senator Barnes of the 33rd:
A bill to amend Chapter 2 of Title 51 of the Official Code of Georgia Annotated, relating to vicarious tort liability, so as to change the conditions under which an employer is liable for the torts of an independent contractor. Referred to Committee on Special Judiciary.
SB 82. By Senators Barnes of the 33rd, McKenzie of the 14th, Baldwin of the 29th and Broun of the 46th:
A bill to amend the Official Code of Georgia Annotated, so as to change the name of the Department of Industry and Trade to the Department of Industry, Trade, and Tourism; to change the name of the Board of Industry and Trade to the Board of Industry, Trade, and Tourism; to change the title of the commissioner of industry and trade to the commissioner of industry, trade, and tourism.
Referred to Committee on Economic Development and Tourism.
SB 83. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Chapter 23 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Environmental Facilities Authority Act," relating to the creation of the authority and its program of assisting local governments in meeting their need for environmental facilities, so as to provide for the extension of such pro gram to include assistance for solid waste facilities.
Referred to Committee on Natural Resources.
SB 84. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," so as to change the definition of land-disturbing activity subject to regulation; to remove the state Soil and Water Conservation Commission and soil and water conservation districts from the rule-making process of the Board of Natural Resources.
Referred to Committee on Natural Resources.
SB 85. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of public safety personnel, so as to remove the provision of the law subrogating the state to a cause of action for death or disability upon payment of indemnification; to provide an effective date.
Referred to Committee on Special Judiciary.

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SB 86. By Senators Barnes of the 33rd, McKenzie of the 14th, Baldwin of the 29th and others:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to authorize the Department of Natural Re sources to acquire or construct water supply reservoirs; to authorize the depart ment to operate and maintain projects embracing sources of water supply and the distribution and sale of water and other related facilities to individuals, pub lic and private corporations, and local governments.
Referred to Committee on Natural Resources.
SB 87. By Senators Stumbaugh of the 55th and Dawkins of the 45th:
A bill to amend Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to campaign contribution disclosure reports under the "Ethics in Gov ernment Act," so as to require certain candidates or campaign committees to report contributions received or expenditures made during any year which is not a general election year in which the candidate qualifies for office; to provide for filing dates.
Referred to Committee on Governmental Operations.
SB 88. By Senators Gillis of the 20th, Echols of the 6th, Kennedy of the 4th and others:
A bill to amend Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, so as to provide requirements relative to the harvest and sale of pine straw; to provide for definitions; to pro vide for findings; to provide for certificates of harvest; to provide that it shall be unlawful to sell or purchase pine straw without certificates of harvest.
Referred to Committee on Natural Resources.
SB 89. By Senators Langford of the 35th, Walker of the 43rd, Scott of the 36th and others:
A bill to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to annual contracts for and disqualifying acts of certified professional personnel under the "Quality Basic Education Act," so as to provide for employ ment contracts for licensed personnel, paraprofessionals, aides, and education secretaries; to provide procedures for the tendering of new contracts annually.
Referred to Committee on Education.
SB 90. By Senators Langford of the 35th, Walker of the 43rd, Scott of the 36th and others:
A bill to amend Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment under the "Quality Basic Education Act," so as to authorize and direct the State Board of Education to devise a program to provide professional and staff development stipends sufficient to al low eligible licensed personnel, paraprofessionals, and aides to participate in de velopment programs.
Referred to Committee on Education.
SB 91. By Senators Langford of the 35th, Walker of the 43rd, Scott of the 36th and Tate of the 38th:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and prac tices, so as to regulate the sale of pistols and revolvers; to make it unlawful for a

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dealer to sell a pistol or revolver to any person except pursuant to certain condi tions and procedures; to define a certain term.
Referred to Committee on Judiciary.
SB 92. By Senators Langford of the 35th, Walker of the 43rd, Scott of the 36th and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to provide that the State Board of Education shall establish a schedule of minimum salaries for paraprofessionals, aides, uncertified persons who function in the same manner as certified personnel, and education secretaries.
Referred to Committee on Education.
SB 93. By Senators Engram of the 34th, Tate of the 38th and Langford of the 35th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to provide that program weights for the primary and middle grade programs shall reflect suffi cient funds to pay the beginning salaries of guidance counselors; to provide for certain weights to be applied in the Quality Basic Education Formula.
Referred to Committee on Education.
SB 94. By Senators Engram of the 34th, Tate of the 38th and Langford of the 35th:
A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians and osteopaths, so as to authorize the Compos ite State Board of Medical Examiners to approve continuing educational pro grams for persons licensed under such article; to provide for procedures; to re quire a minimum number of hours of continuing education as a condition of licensure.
Referred to Committee on Human Resources.
SB 95. By Senator Engram of the 34th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to change certain provisions relating to smoking in public places; to provide for legislative intent; to provide for definitions; to prohibit smoking in state funded public places or certain public meetings except in desig nated smoking areas.
Referred to Committee on Human Resources.
SB 96. By Senator Shumake of the 39th:
A bill to amend Code Section 12-8-39 of the Official Code of Georgia Annotated, relating to limitations on the powers of local governmental bodies to regulate the handling or disposal of solid wastes, so as to require that any local regulations more limiting or restrictive than the state regulations shall be approved by the director.
Referred to Committee on Natural Resources.
SB 97. By Senator Shumake of the 39th:
A bill to amend Code Section 31-7-72 of the Official Code of Georgia Annotated, relating to the creation of a hospital authority in each county and municipality, so as to provide for an alternative method of selecting members of the board in

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each county of this state having a population of 290,000 or more according to the United States decennial census of 1980 or any future such census.
Referred to Committee on Human Resources.
SB 98. By Senator Shumake of the 39th:
A bill to amend Code Section 49-4-12 of the Official Code of Georgia Annotated, relating to the periodic redetermination of public assistance awards by the county departments of family and children services, so as to provide that a fam ily receiving public assistance shall have its public assistance terminated if one or more of that family's school age children under the age of 18 are not enrolled in or attending school.
Referred to Committee on Human Resources.
SB 99. By Senators Echols of the 6th, Perry of the 7th, Howard of the 42nd and others:
A bill to amend Code Section 12-3-233 of the Official Code of Georgia Annotated, relating to the members of the Jekyll Island State Park Authority, so as to pro vide for an additional member of said authority; to amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to the conflicts of interest law applicable to public officials and employees, so as to provide for an additional exception to such law.
Referred to Committee on Governmental Operations.
SB 100. By Senator Deal of the 49th:
A bill to amend Code Section 24-2-3 of the Official Code of Georgia Annotated, relating to the admissibility of certain evidence in a prosecution for rape, so as to change the exceptions to the inadmissibility of certain evidence in a prosecution for rape.
Referred to Committee on Judiciary.
SB 101. By Senator Garner of the 30th:
A bill to amend Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to membership of the Criminal Justice Coordinating Council, so as to provide that the State School Superintendent shall be a member of the council.
Referred to Committee on Education.
SB 102. By Senator Peevy of the 48th:
A bill to amend Chapter 36 of Title 43 of the Official Code of Georgia Annotated, relating to polygraph examiners, so as to provide for additional rights of poly graph examinees to change certain provisions relating to the preservation of records of polygraph examinations; to provide for applicability of said chapter; to provide an effective date.
Referred to Committee on Special Judiciary.
SR 15. By Senator Shumake of the 39th:
A resolution creating the Senate Purchase of Tift College by the State of Georgia Study Committee.
Referred to Committee on Higher Education.

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113

SR 16. By Senators Langford of the 35th, Walker of the 43rd, Shumake of the 39th and others: A resolution relative to the use of the Georgia National Guard to assist in the fight against drugs.
Referred to Committee on Defense and Veterans Affairs.
The following bill of the House was read the first time and referred to committee:
HB 31. By Representatives Greene of the 130th and Edwards of the 112th: A bill to amend an Act creating the Board of Commissioners of Chattahoochee County, so as to change the provisions relating to the compensation of the chair man and members of the board.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Human Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 38. Do pass. Respectfully submitted, Senator Howard of the 42nd 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 4. Do pass. SB 11. Do pass. SB 12. Do pass.
Respectfully submitted, Senator Harris of the 27th District, Chairman
The following bill and resolutions of the Senate were read the second time:
SB 37. By Senators Peevy of the 48th, Dawkins of the 45th, Dean of the 31st and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to enact the "Recall Act of 1989"; to provide for the recall of any public official on the grounds that such official has, while holding any public of fice, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her current office and adversely affects the rights and interests of the public.
SR 4. By Senators Dawkins of the 45th, Allgood of the 22nd and Coverdell of the 40th: A resolution proposing an amendment to the Constitution so as to provide that all sessions of the General Assembly and all meetings of appointed committees thereof shall be open to the public; to provide for the submission of this amend ment for ratification or rejection.

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SR 7. By Senator Kidd of the 25th:
A resolution creating the Joint Legislative Committee on Economy, Reorganiza tion, and Efficiency in State Government and providing for the powers and du ties of such committee.

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 English

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land 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

Not answering were Senators Coverdell and Engram.

Senator Perry of the 7th introduced the chaplain of the day, Reverend Steve Webb, pastor of the Nashville United Methodist Church, Nashville, Georgia, who offered scripture reading and prayer.

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

The following resolutions of the Senate were read and adopted:

SR 14. By Senators Garner of the 30th and Gillis of the 20th: A resolution commending Wendy Bagwell and the Sunliters.

SR 17. By Senator Collins of the 17th: A resolution recognizing and commending Henry County High School.

SR 18. By Senator Collins of the 17th: A resolution recognizing and commending Mr. Roscoe "Rocky" Deal.

SR 19. By Senators Collins of the 17th and Starr of the 44th: A resolution recognizing and commending Jonesboro Junior High School.

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:

THURSDAY, JANUARY 12, 1989

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SENATE LOCAL CONSENT CALENDAR
Thursday, January 12, 1989 FOURTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB

4 Kidd, 25th

Baldwin County

To place the sheriff of Baldwin County on an annual salary, approved March 1, 1966, as amended, so as to change the provisions relating to the compensa tion of the sheriff; to provide an effective date.

SB 11 Kidd, 25th Baldwin County
To amend an Act placing the judge of the Probate Court of Baldwin County upon an annual salary, approved January 27, 1967, as amended, so as to change the provisions relating to the compensation of the judge of the pro bate court; to provide for the compensation of certain successors to such of fice.

SB 12 Kidd, 25th Baldwin County
To amend an Act consolidating the offices of tax receiver and tax collector of Baldwin County into the office of tax commissioner of Baldwin County, ap proved March 21, 1975, as amended, so as to change the provisions relating to the compensation of the tax commissioner; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Bowen rannon
nBp,urutonn Coleman Dawkins Dean Echols Edge English Engram

Fincher Foster Fuller GiHis
Hammill Harris Howard
JH,ouh, gngsionns Kidd Land McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th
Ragan of 32nd Ray Scott of 2nd
SS0hc1outm.t 1aokf e36th Starr Stumbaugh Tate Taylor Turner Tysinger Walker

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Those not voting were Senators:

Collins Coverdell Deal

Garner Kennedy (presiding)

Langford Timmons

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

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

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

Mr. President:

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

HB 41. By Representative Dixon of the 151st:
A bill to amend an Act providing and establishing a new charter for the City of Waycross, so as to provide for the office of mayor.

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

HB 41. By Representative Dixon of the 151st:
A bill to amend an Act providing and establishing a new charter for the City of Waycross, so as to provide for the office of mayor. Referred to Committee on Urban and County Affairs.

Senator Tate of the 38th introduced His Honor, Andrew Young, Mayor of the City of Atlanta, who briefly addressed the Senate.

Senators Stumbaugh of the 55th, Howard of the 42nd and Walker of the 43rd intro duced Honorable Ben Jones, newly elected United States Representative from the 4th Dis trict of Georgia, who briefly addressed the Senate.

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

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 11:20 o'clock A.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

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117

Senate Chamber, Atlanta, Georgia Friday, January 13, 1989 Fifth Legislative Day
The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by Senator Kennedy of the 4th, President Pro Tempore.
Senator Coleman of the 1st reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 103. By Senators Deal of the 49th and Bowen of the 13th: A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to subpoenas and notices to produce, so as to change the provisions on the payment of witness fees for certain law enforcement officers, correctional officers, and similar persons.
Referred to Committee on Judiciary.
SB 104. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-15 of the Official Code of Georgia Annotated, relating to The Council of Probate Court Judges of Georgia, so as to provide that under certain conditions such council may contract with a member of the council for the production of certain material and compensate said member for the pro duction of such material. Referred to Committee on Governmental Operations.
SB 105. By Senators Gillis of the 20th, Perry of the 7th, Echols of the 6th and Hammill of the 3rd: A bill to amend Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to seafood and salt-water fishing in general, so as to provide for the opening and closing of the salt waters of this state as to fishing for certain fish; to establish creel and size limits as to certain fish; to provide for related matters; to provide an effective date.
Referred to Committee on Natural Resources.
SB 106. By Senators Gillis of the 20th, Perry of the 7th, Echols of the 6th and Hammill of the 3rd: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to acts constituting crimi nal trespass on public hunting or fishing areas; to limit the shell size and increase the shot size for hunting certain animals; to change certain creel and possession limits of fish; to change provisions relating to mountain trout taken from certain reservoirs.
Referred to Committee on Natural Resources.
SB 107. By Senators Ray of the 19th, Kennedy of the 4th, Tate of the 38th and others: A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the pro-

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visions relating to the minimum number of years of creditable service required to retire without penalty regardless of age; to provide for adjusted retirement benefits. Referred to Committee on Retirement.
SB 108. By Senators Shumake of the 39th, Gillis of the 20th and English of the 21st:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to delete certain provisions designating certain practices concerning promotional giveaways or contests as unlawful, unfair, or deceptive acts or practices; to pro vide for definitions; to provide that it shall be unlawful for any person to conduct a promotional giveaway or contest in this state. Referred to Committee on Industry and Labor.
SB 109. By Senator Shumake of the 39th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to change the provisions regarding amounts charged for transportation services to special groups of persons; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 110. By Senator Shumake of the 39th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to change the provisions regarding general powers of the Authority; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 111. By Senator Shumake of the 39th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to change the provisions relating to the board of direc tors of the Authority; to provide for reclaiming membership on the board; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 112. By Senator Shumake of the 39th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to change certain provisions regarding appointment of fact finders, binding interest arbitration, and resolution of wage issue disputes; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 113. By Senator Foster of the 50th:
A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act," so as to provide for certificates of authorization for proprietary schools in lieu of certificates of approval. Referred to Committee on Education.
SB 114. By Senator Peevy of the 48th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to change the number of counts of students enrolled in each instructional program authorized under Arti-

FRIDAY, JANUARY 13, 1989

119

cle 6; to change certain provisions relating to the calculation of the program adjustment amount for training and experience. Referred to Committee on Education.
SB 115. By Senators Howard of the 42nd, Barker of the 18th and Olmstead of the 26th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to revise extensively the statutes relative to the enforce ment of child and spousal support obligations; to implement certain provisions of the federal Family Support Act of 1988 (Pub. Law 100-485); to amend the provisions relating to the authority of the court to order the immediate deduction from wages of spousal and child support obligations. Referred to Committee on Human Resources.
SB 116. By Senators Deal of the 49th and English of the 21st:
A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide for inspection war rants and the practices, procedures, and requirements connected with the issu ance, execution, and return thereof; to provide for notices; to provide for applica tions; to provide for time limits. Referred to Committee on Agriculture.
SB 117. By Senators Deal of the 49th and English of the 21st:
A bill to amend Article 3 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Meat Inspection Act," so as to provide for the inspection of certain facilities and establishments; to provide for the inspection of certain carcasses, parts thereof, meat, meat food products, containers, and packaging; to provide for additional powers of the Commissioner of Agriculture and his delegate. Referred to Committee on Agriculture.
The following communication from Senator Culver Kidd of the 25th, Chairman of the Senate Committee on Governmental Operations, was received and read by the Secretary:
The State Senate Atlanta, Georgia 30334
January 12, 1989
Honorable Hamilton McWhorter, Jr. Secretary of the Senate State of Georgia State Capitol Atlanta, Georgia 30334
Dear Mr. Secretary:
I will be unable to attend the meeting of the Senate Governmental Operations Commit tee scheduled for today at 3:00 p.m., due to a conflict caused by a meeting I must attend to elect a Transportation Board member from the tenth congressional district.
I hereby authorize the Vice Chairman, Senator Max Brannon, to conduct the Govern mental Operations Committee meeting and to take up the following bills: SB 5, SB 8, and SB 42.
Sincerely,
/s/ Culver Kidd, Chairman Governmental Operations Committee

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

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 5. Do pass. SB 8. Do pass. SB 42. Do pass.
Respectfully submitted,
Senator Brannon of the 51st District, Vice Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 53. Do pass.
Respectfully submitted,
Senator Coleman of the 1st District, Chairman

The following bill of the Senate was read the second time:

SB 38. By Senators Howard of the 42nd, Johnson of the 47th and Starr of the 44th:
A bill to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions regarding handicapped persons, so as to provide for a definition; to provide for the establishment of the Georgia Service Center for Hearing Impaired Persons and the services to be provided by that center.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, called for the morning roll call, and the following Senators answered to their names:

Albert Baldwin Barker Barnes Bowen Broun Clay Coleman Dawkins Dean Echols Edge English

Fincher Foster Fuller Hammill Harris Huggins Kidd Land Newbill Olmstead Parker Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Shumake Starr Tate Taylor Turner Tysinger Walker

Those not answering were Senators:

Allgood Brannon Burton Collins Coverdell

Deal Engram Garner Gillis Howard

Johnson Kennedy (presiding) Langford McKenzie Peevy

FRIDAY, JANUARY 13, 1989

121

Ray Scott of 36th

Stumbaugh

Timmons

The President assumed the Chair.

Senator Echols of the 6th introduced the chaplain of the day, Reverend Jerry Price, pastor of the Patterson Baptist Church, Patterson, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 20. By Senators Ragan of the 32nd, Clay of the 37th, Newbill of the 56th and others: A resolution expressing regret at the passing of Honorable Carl Harrison.

SR 21. By Senators Howard of the 42nd, Parker of the 15th and Taylor of the 12th:
A resolution commending Dr. James Dugal, Dr. Gail V. Anderson, Jr., and Dr. Hank Siegelson.

SR 24. By Senator Newbill of the 56th: A resolution commending Roswell Presbyterian Church.

SENATE CALENDAR
Friday, January 13, 1989
FIFTH LEGISLATIVE DAY
SB 37 Public Official Recall Act--enact (Substitute) (Gov Op-48th) SR 4 General Assembly Sessions and Meetings of Appointed Committees--open to
public (Gov Op--45th) SR 7 Joint Legislative Committee on Economy, Reorganization and Efficiency in Gov
ernment--create (Gov Op--25th)

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

SR 4. By Senators Dawkins of the 45th, Allgood of the 22nd and Coverdell of the 40th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that all sessions of the General Assembly and all meetings of appointed committees thereof shall be open to the public; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section IV of the Constitution is amended by striking Paragraph XI which reads as follows:
"Paragraph XI. Open meetings. The sessions of the General Assembly and all standing committee meetings thereof shall be open to the public. Either house may by rule provide for exceptions to this requirement.",
and inserting in its place a new Paragraph to read as follows:
"Paragraph XI. Open meetings. Without exception, all sessions of the General Assem bly and all meetings of appointed committees thereof shall be open to the public."

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Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that all sessions of the General Assembly and all meetings of appointed committees thereof shall be open to the public?"

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

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Bowen *?rannon BQ,ruorutonn
Coleman Collins
Dawkins D eal Dean Echols Edge

English Fincher Foster Fuller
Garner Gillis Hammill H,,Haorwriasrd,
Hu^ins Kennedy
Kidd Land Newbill Olmstead Parker

Peevy Perry Phillips Pollard
Ragan of 10th Ragan of 32nd Scott of 2nd SS,,,choutmt aok,fe36th
Starr Stumbaugh
Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Coverdell Engram Johnson

Langford McKenzie

Ray Timmons

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

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

SR 7. By Senator Kidd of the 25th:
A resolution creating the Joint Legislative Committee on Economy, Reorganiza tion, and Efficiency in State Government and providing for the powers and du ties of such committee.

FRIDAY, JANUARY 13, 1989

123

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes orawnennon Bp,urton Coleman
Deal Dean Echols Edge English Fincher

Foster Fuller Garner
Gillis Hammill HHoarwriasrd IHT uggi ns Kennedy
Kidd Land Newbill Olmstead Parker Peevy

Perry Phillips Pollard
Ragan of 10th Ragan of 32nd SSccootttt ooff 23n6dth amnumaki e Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Broun Collins

Dawkins Johnson

Starr

Those not voting were Senators:

Coverdell Engram

Langford

Ray

McKenzie

On the adoption of the resolution, the yeas were 46, nays 5.

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

SB 37. By Senators Peevy of the 48th, Dawkins of the 45th, Dean of the 31st and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to enact the "Recall Act of 1989"; to provide for the recall of any public official on the grounds that such official has, while holding any public of fice, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her current office and adversely affects the rights and interests of the public.

Senators Peevy of the 48th, Dean of the 31st, Kidd of the 25th and others offered the following substitute to SB 37:

A BILL
To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to enact the "Recall Act of 1989"; to provide for the recall of any public official who has, while holding any public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her current office and adversely affects the rights and interests of the public and if one or more additional grounds for recall exist; to provide a short title; to provide for legislative intent; to define certain terms; to provide for officers subject to recall; to provide for applications for a recall

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petition; to provide for the time of filing the application and the contents thereof; to provide for application forms; to provide for determination of the legal sufficiency of the application; to provide for notification of a public official named for recall; to provide for distribution of recall petition forms; to provide for the form of recall petitions; to provide for procedures with respect to recall petitions; to provide for restrictions with respect to recall petitions; to provide for determination of the legal sufficiency of a recall petition; to provide for holding of a special election when an officeholder resigns subsequent to filing of a recall petition; to provide for the holding of a recall election; to provide for filing of a subsequent recall peti tion against an official following a recall election or the denial of a recall petition; to provide for the manner of conducting recall elections; to provide for campaign and financial disclo sure requirements; to provide for the promulgation of rules and regulations by the Secretary of State; to provide for court actions to compel election superintendents to comply with the requirements of law relating to the recall of public officials; to provide for jurisdiction and venue of actions against election superintendents; to provide for determination of eligibility to sign an application for a recall petition or a petition for recall; to prohibit certain conduct in connection with signing a recall petition or an affidavit of signature withdrawal; to pro vide for construction and application of the law relating to the recall of public officials; to provide for other matters relative thereto; to provide for an effective date and for applicabil ity; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety Chapter 4, relating to elections for recall of public of ficers, and inserting in lieu thereof a new Chapter 4 to read as follows:
"CHAPTER 4
21-4-1. This chapter shall be known and may be cited as the 'Recall Act of 1989.'
21-4-2. The General Assembly finds that the electorate of the state overwhelmingly rati fied an amendment to the Constitution of Georgia at the general election in November, 1978, authorizing the General Assembly to provide by general law for uniform and exclusive procedures to recall public officials who hold elective office and to repeal all local recall laws and prohibit the future enactment of any local recall laws. In furtherance of the mandate of the electorate, by this general law the General Assembly establishes uniform and exclusive procedures relating to the recall of all state and local officials who hold elective office.
21-4-3. As used in this chapter, the term:
(1) 'Elected county school board members' and 'elected county school superintendents' shall be considered county officers.
(2) 'Elected education board members' and 'elected school superintendents' of any inde pendent school system shall be considered municipal officers.
(3) 'Election superintendent' means:
(A) In the case of any elected state officers, the Secretary of State;
(B) In the case of any elected county officers, the county board of elections, if a county has such, or the judge of the probate court, provided that, if such judge of the probate court is the officer sought to be recalled, then the election superintendent shall be the clerk of the superior court; and
(C) In the case of any elected municipal officers, the municipal clerk or municipal board of elections or municipal election superintendent if the municipality has such a board or election officer.
(4) 'Elector' means any person who possesses all of the qualifications for voting now or hereafter prescribed by the laws of this state and who has registered in accordance with Chapter 2 or 3 of this title.

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125

(5) 'Electoral district' means the area in which the electors reside who are qualified to vote for any of the candidates offering for a particular office.
(6) 'Failure to perform prescribed duties' means the willful neglect or failure by an official to perform faithfully a duty imposed by statute.
(7) 'Grounds for recall' means:
(A) That the official has, while holding public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interest of the public; and
(B) That the official:
(i) Has committed an act or acts of malfeasance while in office;
(ii) Has violated his or her oath of office;
(iii) Has committed an act of misconduct in office;
(iv) Is incompetent; or
(v) Is guilty of a failure to perform prescribed duties.
Discretionary performance of a prescribed duty shall not constitute a ground for recall of an elected public official.
(8) 'Incompetent' means that an elected public official is mentally or physically incapac itated to perform the duties of office for a period of not less than 60 days.
(9) 'Misconduct in office' means an unlawful act committed willfully by an elected pub lic official or a violation of the code of ethics for government service contained in Code Section 45-10-1.
(10) 'Official sponsors' or 'sponsors' means the electors who circulate or file an applica tion for a recall petition who were registered and eligible to vote in the last general or spe cial election for the office held by the officer sought to be recalled and who reside in the electoral district of the officer sought to be recalled.
21-4-4. (a) Every public official who holds elective office, either by election or by ap pointment, is subject to recall from office by electors who are registered and qualified to vote in the recall election and who reside in the electoral district from which candidates are elected to that office:
(1) In the case of a state officer whose electoral district encompasses the entire state, the number of electors necessary to petition the recall of the officer shall be equal to at least 15 percent of the number of electors who were registered and qualified to vote at the last preceding general election for any candidate offering for the office held by the officer. At least one-fifteenth of the number of electors necessary to petition the recall of the officer must reside in each of the United States congressional districts in the state as said congres sional districts may now or hereafter exist; or
(2) In the case of a state officer whose electoral district encompasses only a part of the state or in the case of a local officer, the number of electors necessary to petition the recall of the officer shall be equal to at least 30 percent of the number of electors registered and qualified to vote at the last preceding general election for any candidate offering for the office held by the officer.
(b) No recall petition shall demand the recall of more than one public official.
(c) Every public official who holds elective office, either by election or by appointment, is subject to recall on the grounds that such public official has, while holding any public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her current office and adversely affects the rights and interests of the public if one or more additional grounds for recall exist as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3.

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21-4-5. (a) No application for a recall petition may be filed during the first 180 days or during the last 180 days of the term of office of any public official subject to recall. No person shall be authorized to circulate, sponsor, or sign such application unless such person is an elector or sponsor as defined in Code Section 21-4-3.
(b)(l) The application shall include:
(A) The name and office of the person sought to be recalled;
(B) The printed names and signatures of the official sponsors, the date signed, residence addresses, and the name of the county of residence;
(C) The designation of one of the sponsors as the petition chairperson who shall re present the sponsors on all matters pertaining to the recall application and petition;
(D) A statement that:____________ (name and office) has, while holding public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interests of the public and stating the appropriate ground or grounds for recall as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3. Such statement shall be typed, printed, or reproduced by the election superintendent on the face of each application issued; and
(E) An affidavit that each person circulating, sponsoring, or signing such recall applica tion is an elector of the electoral district of the officer sought to be recalled.
(2) Applications shall be issued by the election superintendent who shall assign a num ber to each application. Such number shall appear on the face of each application. The election superintendent shall keep records of applications issued, including the date of issu ance and number assigned.
(3) The official application forms shall be printed by the office of the Secretary of State in substantially the form prescribed in this subsection and distributed to election superintendents.
(c) The number of official sponsors necessary to file an application for a recall petition must be equal in number to at least 100 electors or equal in number to at least 10 percent of the number of electors who were registered to vote at the last preceding general election for any of the candidates offering for the office held by the public official sought to be recalled, whichever is smaller.
(d) Sponsors of a recall petition, before causing the petition to be circulated, shall sub mit the application for the petition to the election superintendent designated in Code Sec tion 21-4-3 and request official recall petition forms.
(e) At any time prior to the date the election superintendent receives the application for a recall petition, an elector who has signed the application as an official sponsor may request withdrawal of his or her signature from the application by executing and filing an affidavit signed and sworn to before a notary public which affirms the elector's intention to withdraw his or her signature from the application. The official affidavit of signature with drawal shall be printed by the office of the Secretary of State and distributed to election superintendents. The form of the affidavit shall be substantially as prescribed in Code Sec tion 21-4-8.
(f) (1) No application for a recall petition shall be accepted for verification if more than 30 days have elapsed since the application forms were issued to the sponsors.
(2) On receipt of the application, the election superintendent shall determine the legal sufficiency of the application and determine if the signers are qualified electors eligible to sign the application. The election superintendent is granted unrestricted authority to ex amine the registration records maintained by the board of registrars, to receive evidence and testimony, and to require the personal appearance of any person signing such application for the purpose of making such determination. If the election superintendent finds that any signer is not a qualified elector eligible to sign the application, such signature shall not be counted in determining whether the application contains a sufficient number of signatures

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as required by law. The nullification of a signature on an application shall not affect the validity of other signatures contained in such application. The election superintendent shall certify the legal sufficiency or insufficiency of the application for a recall petition within five days after receiving the application, excluding Saturdays, Sundays, and legal holidays; pro vided, however, that the judge of the superior court may, upon proper application and good cause shown, grant an additional period of time not to exceed 15 days for the election super intendent to verify the application.
(g) No application for a recall petition shall be amended, supplemented, or returned after it has been accepted by the election superintendent for verification.
(h) Upon certifying the legal sufficiency of the application, the election superintendent shall immediately officially file the application, issue official recall petition forms, assign a number to the recall petition, which number shall appear on the face of each petition form, and issue that number to the sponsors. A record of each application, including the date of its receipt and the number assigned and issued to the sponsors, shall be maintained by the election superintendent.
(i) The election superintendent shall immediately notify in writing the public officer named for recall in the application that a recall petition has been officially issued for circulation.
(j) The official recall petition forms shall be printed by the office of the Secretary of State and distributed to election superintendents. The form of the petition shall be as pro vided in Code Section 21-4-6.
21-4-6. (a) The form of the recall petition shall be substantially as follows:
RECALL PETITION

(Official application no.)
(County or city) To_____________________
(Name of election superintendent)
(Address)
(City, state, ZIP Code)

We, the electors registered to vote in the recall election herein petitioned, demand the recall of ____________ (Name and office) on the grounds that said official has, while holding public office, conducted himself or herself in a manner which relates to and ad versely affects the administration of his or her office and adversely affects the rights and interest of the public and that said official ____________ (State the appropriate ground or grounds for recall as set forth in subparagaph (B) of paragraph (7) of Code Sec tion 21-4-3.).

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Name (Signature)

Date of Signing

Residence Address

County of Residence

(Number and Street or route)

(Printed name of elector) (Fifteen lines for signatures and printed names)

(City)

(b) The following statements shall be written or printed on each petition and each signer must read, or be read, the following statements:
'(1) Any person who gives or receives money or any other thing of value for signing a recall petition or for signing an affidavit of signature withdrawal shall be guilty of a misdemeanor;
(2) If (insert appropriate number) electors sign this petition, there will be an election at which a majority of the electors voting therein will determine whether the above-named official will be removed from office.'
(c) Each recall petition shall contain a statement specifically designating the name and office of the official sought to be recalled, a statement that the named official has, while holding public office, conducted himself or herself in a manner which relates to and ad versely affects the administration of his or her office and adversely affects the rights and interests of the public, and a statement containing the appropriate ground or grounds for recall as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3. Such state ment shall be written or printed on each petition and each signer must read, or be read, such statement.
21-4-7. (a) All signers of a single recall petition shall be electors who are registered and eligible to vote in the recall election and who reside in the electoral district of the officer sought to be recalled. When a petition for the recall of a public official is circulated in more than one county, each sheet of the petition shall bear the name of the county in which it is circulated, and only electors of the designated county may sign such sheet. No recall peti tion shall be circulated or signed by any person in any location where alcoholic beverages are sold or served.
(b) Every elector signing a recall petition shall do so in the presence of the person circulating the petition, who is to execute the affidavit of verification on the reverse side of

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the petition form. At the time of signing, the elector shall sign his name, and such elector or the person circulating the petition shall print the name of the elector below the elector's signature and shall print or write in the appropriate spaces following the signature the elec tor's residence address, giving number and street or route and city, the name of the county, and the date on which the elector signed the petition.
(c) If an elector is incapable of signing his or her own name, he or she may specifically request the circulator of the petition to sign and print his or her name and complete the information required on the petition sheet to accompany the signature; provided, however, that the circulator shall also sign his or her name beside the printed name of such elector.
(d) The person before whom the electors signed the recall petition shall verify, in an affidavit subscribed and sworn to by him or her before a notary public, that each of the names on the petition form was signed in his or her presence on the date indicated and that in his or her belief each signer was an elector of the electoral district of the officer sought to be recalled.
(e) The affidavit printed on the reverse side of each recall petition form shall be in the following form:
State of Georgia
County of ___________

Under the penalty of a misdemeanor, punishable by a fine not to exceed $1,000.00 or by imprisonment not to exceed 12 months, or both, I do depose and say that I am an elector registered to vote in the recall election herein petitioned for and that each petitioner signed or caused to be signed the foregoing petition in my presence on the date indicated; and I believe that each signer's name and residence address are correctly stated, and that each signer is an elector of the electoral district in which such recall election will be conducted, and that each signer has read, or was read, the required statements which are also set out on each petition.

(Signature of affiant) ----------------------------------

(Residence address)

(Number and street or route)

Subscribed and sworn to before me this______ day of _____, 19__.

(City)
Notary public ___, Georgia

My commission expires on the _____ day of _____, 19__.
(f) An elector may change the way his or her signature and residence address appear on the recall petition at any time prior to the filing of the petition for verification by striking

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through his or her name and initialing the strike-through and re-signing the petition with his or her printed name corrected accordingly.

21-4-8. (a) At any time prior to the date an application for recall petition or a recall petition is filed for verification, an elector who has signed the application or the recall peti tion form may request withdrawal of his or her signature from the application or recall petition by executing and filing an affidavit, in the form prescribed by this Code section, with the election superintendent. Any signature so withdrawn shall not be counted in deter mining the legal sufficiency of the application or recall petition. The affidavit shall:

(1) Be signed and sworn to before a notary public;

(2) State the elector's residence address, giving number and street or route and city, the name of the county of residence, and, in the case of a recall petition, the number of the petition which he or she signed; and

(3) Affirm the elector's intention to withdraw his or her signature from the application or recall petition.

(b) The affidavit shall be substantially in the following form:

AFFIDAVIT OF SIGNATURE WITHDRAWAL

State of Georgia County of ____________

I, ------------------------, (Name as it appears on the application or recall petition) being first duly sworn, say that I am an elector of the ____________ electoral district in which the recall election will be conducted.
That my residence address is

(Number and street or route)

(City)

That I signed or caused to be signed the application or the petition for the recall of . (Name and office of person sought to be recalled) and, in the case of an
affidavit for withdrawal of a signature on a recall petition, that the recall petition has been assigned number .

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That it is my intention by the signing and filing of this affidavit to withdraw my signa ture therefrom.

Subscribed and sworn to before me this_______ day of ____, 19__.

Signature of elector
Notary public ------, Georgia

My commission expires on the _____ day of _____, 19__
21-4-9. No registration officer or other person authorized by law to register electors and no person other than an elector of the electoral district of the officer sought to be recalled shall circulate a recall petition. No employee of the state shall circulate a recall petition. All signatures obtained by any such unqualified person shall be void and shall not be counted in determining the legal sufficiency of the petition.
21-4-10. (a) The election superintendent shall be responsible for determining the legal sufficiency of the recall petition within 30 days after it has been submitted to him or her; provided, however, that in cases where more than one recall petition is subject to review for verification, the election superintendent shall be responsible for determining the legal suffi ciency of any recall petition within 45 days after it has been submitted to him or her. The election superintendent or a designee is granted unrestricted authority to examine the regis tration records maintained by the board of registrars, to receive evidence and testimony, and to require the personal appearance of any person signing such recall petition for the purpose of determining if the signers are qualified electors eligible to sign the recall petition. If the election superintendent shall not be reasonably able to ascertain that any signature is that of a qualified elector eligible to sign the recall petition, such signature shall not be counted in determining whether the petition contains a sufficient number of signatures as required by law. The nullification of a signature on any sheet of the recall petition shall not affect the validity of other signatures contained on such sheet.
(b) A recall petition shall not be accepted for verification for:
(1) Any state-wide office if more than 90 days have elapsed since the date the official recall petition forms were issued to the sponsors;
(2) Any officer other than the officers provided for in paragraph (1) or (3) of this subsec tion whose electoral district encompasses only a part of the state if more than 45 days have elapsed since the date the official recall petition forms were issued to the sponsor; or
(3) Any officer whose electoral district encompasses a county or municipality or who is elected solely by the electors of an electoral district within a county or municipality if more than 30 days have elapsed since the date the official recall petition forms were issued to the sponsors.
(c) No recall petition shall be amended, supplemented, or returned after it has been accepted by the election superintendent for verification.

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(d) Within five days, excluding Saturdays, Sundays, and legal holidays, after the elec tion superintendent has certified the legal sufficiency of a petition, he or she shall immedi ately notify the Governor or the appropriate official, who shall call the recall election as provided in Code Section 21-4-12.

(e) Upon certifying the legal sufficiency or insufficiency of a recall petition, the election superintendent shall immediately notify the petition chairman and the officeholder in writ ing of the results and officially file the petition.

21-4-11. If an officeholder resigns subsequent to the filing of an application to circulate a recall petition or within five days following the filing of a recall petition for verification, no recall election shall be conducted; and the appropriate state or local official shall call a spe cial election to fill the vacancy within ten days after the date of acceptance of the resigna tion. If no official is specifically designated by law or if the appropriate official has resigned as provided in this Code section, the Governor shall issue the call for a special election to fill the vacancy created by the resignation. The special election shall be held at least 30 days but not more than 45 days following the call.

21-4-12. (a) Within ten days after having received certification of the sufficiency of the recall petition by the election superintendent, a recall election shall be called and published, as provided in this Code section, and shall be conducted not less than 30 days nor more than 45 days after such call; provided, however, that, if a primary or general election is to be held not less than 30 days nor more than 45 days after such call is issued, the recall election shall be conducted on that date.

(b) A recall election shall be called:

(1) By the Governor, if for a state officer;

(2) By the election superintendent of the county, if for a county officer; or

(3) By the mayor of the municipality, if for a municipal officer.

(c) If a recall petition is against an officer who is directed by this Code section to call the election, it shall be called:

(1) By the Secretary of State, if for the Governor;

(2) By the clerk of the superior court, if for the judge of the probate court and such judge serves as the election superintendent of the county; or

(3) By the election superintendent of the county, if for the mayor of a municipality.

(d) The official call for such election shall be published one time as follows:

(1) In a newspaper of general circulation in the electoral district, if such election is for a state officer;

(2) In the official organ of the county, if such election is for a county officer; or

(3) In the official gazette of the municipality, if such election is for a municipal officer.

(e) It shall be the duty of the appropriate official authorized by law to conduct elections to hold and conduct the recall election and to declare and certify the results. The ballot for the recall election shall state the name and office of the person whose recall has been peti tioned, and the ballot shall be in the form prescribed by law for state, county, or municipal officers. The ballot shall have written or printed thereon the following:

'[ ] YES [ ] NO

Shall (name of office holder), (name of office), be recalled and removed from public office on the grounds that said official has, while holding public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interests of the public and on the (ground) (grounds) that such official _________ (State the appropriate ground or grounds for recall as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3.)?'

If more than one public officer is subject to a recall election in the same precinct, the elec-

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133

tion superintendent may prepare a recall ballot so as to include on a single ballot separate recall questions for each of the officers sought to be recalled.
(f) Those persons desiring to vote in favor of recall shall vote 'Yes,' and those persons desiring to vote against recall shall vote 'No." If more than one-half of the votes cast on such question are in favor of recall, the public office in question shall immediately become vacant. Otherwise, the public official named in the recall petition shall continue in office.
(g) A special election shall be called by the appropriate state or local official to fill a vacancy created by recall. The special election shall be called within ten days after the date of the recall election and shall be conducted at least 30 days but not more than 45 days following the call. If no official is specifically designated by law or if the appropriate official has been recalled, the Governor shall issue the call for a special election to fill the vacancy created by recall. Any person who has been recalled from office under this chapter shall be eligible to offer for election to fill the vacancy created by recall.
21-4-13. (a) After a recall petition and election, no further recall petition shall be filed against the same officer until at least six months have elapsed from the date of the previous recall election; and any other recall petitions against that officer outstanding on the date of the recall election shall be void.
(b) If the election superintendent finds that a recall petition is insufficient and fails to verify the same, no further application for a recall petition shall be filed against the same officer until at least six months have elapsed from the date of the denial of such recall petition; provided, however, that such finding of insufficiency shall not bar the verification of any other recall petition against that officer which is available for signature or pending verification at the time of such finding of insufficiency.
21-4-14. The powers, duties, and penalties conferred or imposed by law upon public officials who conduct special elections are conferred and imposed upon public officials con ducting recall elections. All such elections shall be conducted in the same manner as special elections and in accordance with Chapters 2 and 3 of this title.
21-4-15. Any person sponsoring or opposing a recall petition under this chapter shall be subject to Chapter 5 of this title, the 'Ethics in Government Act,' in the same manner as candidates; and the petition chairperson shall file the reports required to be filed under said chapter and shall be subject to the same restrictions, qualifications, and provisions con tained in such chapter.
21-4-16. The Secretary of State is authorized to promulgate such rules and regulations as are necessary to carry out this chapter.
21-4-17. (a) If the election superintendent fails to comply with this chapter, any elector may apply, within ten days after such refusal, to the superior court for a writ of mandamus to compel the election superintendent to perform his or her official duties. If the court finds that the election superintendent has not complied with this chapter, the court shall issue an order for the election superintendent to comply.
(b) An action against an election superintendent shall be filed in the superior court of the county of such election superintendent, except that an action against the Secretary of State shall be filed in the Superior Court of Fulton County.
21-4-18. An elector's eligibility to sign an application for a recall petition or a petition for recall shall be determined as of the date immediately preceding the date the application or petition is signed by that elector.
21-4-19. (a) Any person who gives or receives money or any other thing of value for signing a recall petition or for signing an affidavit of signature withdrawal shall be guilty of a misdemeanor.
(b) A person who, by menace or threat either directly or indirectly, induces or compels or attempts to induce or compel any other person to sign or subscribe or to refrain from signing or subscribing that person's name to a recall petition or, after signing or subscribing

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that person's name, to have that person's name taken therefrom shall be guilty of a misdemeanor.
(c) A person who signs any name other than his or her own to a petition, except in a circumstance where he or she signs for a person in the presence of and at the specific re quest of such person who is incapable of signing that person's own name, or who knowingly signs his or her name more than once for the same recall petition or who knowingly is not at the time of signing a qualified elector of the electoral district of the officer sought to be recalled shall be guilty of a misdemeanor.
21-4-20. This chapter is supplementary to any other methods provided by law for re moving a public official from office; and nothing in this chapter shall be construed as abridg ing or repealing such laws."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to every public official who holds elective office on or after such date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Baldwin of the 29th offered the following amendment:
Amend the substitute to SB 37 offered by Senators Peevy of the 48th, Dean of the 31st, Kidd of the 25th and others by striking on page 20, on lines 19 and 20 the following:
"until at least six months have elapsed from the date of the previous recall election", and inserting in lieu thereof the following:
"during his term".
On the adoption of the amendment, the yeas were 24, nays 24, and the amendment offered by Senator Baldwin of the 29th was lost.
Senator Shumake of the 39th offered the following amendment:
Amend the substitute to SB 37 offered by Senators Peevy of the 48th, Dean of the 31st, Kidd of the 25th and others by striking on page 4, line 25, the words
"or physically".
On the adoption of the amendment, the yeas were 29, nays 19, and the amendment offered by Senator Shumake of the 39th was adopted.
Senator Howard of the 42nd offered the following amendment:
Amend the substitute to SB 37 offered by Senators Peevy of the 48th, Dean of the 31st, Kidd of the 25th and others by adding on line 13, page 4, after the word
"malfeasance" the words
"or misfeasance".
On the adoption of the amendment, the yeas were 41, nays 0, and the amendment of fered by Senator Howard of the 42nd was adopted.
Senator Edge of the 28th offered the following amendment:
Amend the substitute to SB 37 offered by Senators Peevy of the 48th, Dean of the 31st, Kidd of the 25th and others by adding the following language on page 5, line 6:

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135

"(11) 'Elective office' means an office filled by the exercise of the franchise of vote by electors as defined in paragraph (4) of this Code Section in a general or special election as defined under the laws of this state."

On the adoption of the amendment, the yeas were 35, nays 5, and the amendment of fered by Senator Edge of the 28th was adopted.

Senator Coleman of the 1st offered the following amendment:

Amend the substitute to SB 37 offered by Senators Peevy of the 48th, Dean of the 31st, Kidd of the 25th and others by striking on page 5, line 30, the number
"30 per cent"
and inserting in lieu thereof the number "40 per cent".

On the adoption of the amendment, Senator Peevy of the 48th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Coleman English

Fincher Fuller Gillis Huggins Kennedy McKenzie Olmstead Parker

Perry Pollard Ray Scott of 2nd Scott of 36th Tate Timmons Turner

Those voting in the negative were Senators:

Barnes Broun Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge

Engram Foster Garner Hammill Harris Howard Johnson Kidd Land Newbill

Peevy Phillips Ragan of 10th Ragan of 32nd Shumake Starr Stumbaugh Taylor Tysinger Walker

Not voting was Senator Langford.

On the adoption of the amendment, the yeas were 24, nays 31, and the amendment offered by Senator Coleman of the 1st was lost.

Senator Garner of the 30th offered the following amendment:

Amend the substitute to SB 37 offered by Senators Peevy of the 48th, Dean of the 31st, Kidd of the 25th and others by adding on line 21, page 4, after the word
"a"

the following: "lawful act or a".

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On the adoption of the amendment, Senator Peevy of the 48th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Bowen Broun Clay Coleman Collins Coverdell Dean Echols Edge

English Engram Fincher Garner Gillis Hammill Harris Huggins Kennedy Land McKenzie Newbill

Parker Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Tate Taylor Timmons Turner

Those voting in the negative were Senators:

Allgood Barnes Brannon BDuawrtokinns Deal
Foster

Fuller Howard Johnson
Kldd Olmstead Peevy

Phillips Shumake Starr S0tu4m.1ba.u1gh. Tysinger
Walker

Not voting was Senator Langford.

On the adoption of the amendment, the yeas were 36, nays 19, and the amendment offered by Senator Garner of the 30th was adopted.

On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted as amended.

The President announced that, pursuant to Senate Rule 143, consideration of the sub stitute and bill would be suspended until the next meeting day of the Senate, January 23, 1989.

Senator Burton of the 5th introduced the doctor of the day, Dr. J. R. B. Hutchinson, of Tucker, Georgia.

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

Mr. President:

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

HB 98. By Representative McDonald of the 12th:
A bill to provide supplementary appropriations to the Department of Medical Assistance for the remainder of the State Fiscal Year ending June 30, 1989, for the payment of provider claims chargeable to State Fiscal Year 1988.

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The following bill of the House was read the first time and referred to committee:
HB 98. By Representative McDonald of the 12th:
A bill to provide supplementary appropriations to the Department of Medical Assistance for the remainder of the State Fiscal Year ending June 30, 1989, for the payment of provider claims chargeable to State Fiscal Year 1988.
Referred to Committee on Appropriations.
The following resolution of the Senate was read and adopted:
SR 28. By Senator Peevy of the 48th:
A resolution recognizing the First Baptist Church of Snellville and commending Dr. James G. Merritt.
Senator Allgood of the 22nd moved that the Senate recess from 10:10 o'clock A.M. until 10:45 o'clock A.M., the hour for the Joint Session of the Senate and House called for the purpose of hearing a message from Honorable Thomas 0. Marshall, Jr., Chief Justice of the Supreme Court, and that the Senate stand in recess immediately upon dissolution of the Joint Session until 5:00 o'clock P.M. today at which time the Senate would adjourn pursu ant to HR 8 adopted previously until 10:00 o'clock A.M. on Monday, January 23, 1989; the motion prevailed.
The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives and the Joint Session called for the purpose of hearing a message from Honorable Thomas O. Marshall, Jr., Chief Justice of the Supreme Court, was called to order by the President of the Senate. HR 7, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.
The Honorable Thomas 0. Marshall, Jr., Chief Justice of the Supreme Court, addressed the Joint Session of the Senate and House of Representatives as follows:
Lieutenant Governor Miller, Speaker Murphy, honorable members of the Georgia Gen eral Assembly, my fellow justices and judges, distinguished guests, members of the working press, ladies and gentlemen:
This is the second time that I have had the honor to bring to this distinguished body a report on the state of the third branch of our government--the judiciary. I appreciate the privilege of making this report as do, I am sure, the fine men and women on the benches of the courts of our state, and their support staffs.
A formal report to the legislature, in person, by a member of the judiciary, is a fairly new development and I hope that it signifies the spirit and understanding that exist be tween the two branches of government. We are grateful for the time you have set aside from a busy calendar for this report and we pledge a continuation of cooperation and understand ing insofar as permitted by the constraints upon both branches by the Constitution of Georgia.
Last year I reported to you in detail about the structure of our judicial system and stated that the state of the judiciary in Georgia is excellent, that the judiciary is meeting its challenges and is continuing to seek new and better ways to make justice more speedily available to all of our citizens.
Case loads, of course, are a major concern and they continue to grow in all of our courts. For calendar year 1987, filings were over two hundred and eighteen thousand cases in the superior courts. This is a hefty increase--five and a half percent--from the previous year.

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Also, the number of jury trials increased, seven hundred and seventy-seven over 1986. Criminal counts heard by juries increased twenty-two percent.
Partially, we believe, because of the increase in jury trials and the overall increase in filings, there were a greater backlog of cases remaining open at the end of 1987 than in 1986, about two percent or twenty-one hundred and seventy-two cases. Yet, the overall disposition rate for the superior courts continued to be excellent at ninety-seven and a half percent or two hundred and thirteen thousand, two hundred and ten cases.
Juvenile case filings increased from fifty-four thousand, two hundred and seventy in 1986 to more than sixty-three thousand, two hundred in 1987, an increase of more than sixteen percent.
Recent exact figures are not yet available for our state, probate and magistrate courts but an increase of activity is also expected there.
I repeat that the state of the judiciary is excellent. Yet, there is always room for im provement. I should like to enumerate some actions that would improve the judiciary, which you may address at this session.
I will recite these items and then discuss each item briefly.
1. Funding of a state-wide computer system which can be used by the judiciary as well as several state agencies.
2. Increases in compensation for judges and needed increases in court budgets.
3. An increase of at least eight superior court judges to lower heavy case loads in some of our 45 superior court circuits.
4. Funding for a state-wide indigent defense system.
5. Continuing support of our Georgia appellate practice and educational resource center to assure adequate representation in post conviction proceedings of those defendants under death penalty sentences.
6. Crime and overcrowding of our jails and prison systems.
7. The drug problem of tremendous size and scope.
These subjects are not necessarily listed in order of importance and the list does not exclude other problems. But they comprise some of the more immediate needs of this state's court system.
The computer system was listed first because we have an excellent opportunity to put into operation a system that will help revolutionize communications necessary to carry on the state's business, including, of course, the courts' business. More important, as I under stand it, the money is already there--funding actually becomes a matter of bookkeeping.
The computer network would connect each superior court clerk's office in the state with the Secretary of State's office. This system, fundamentally, would provide fast delivery, be tween the offices, of such corporate information as names of registered corporations and any other information filed with the Secretary of State relating to corporations.
But once in place and functioning, the court system could also use the network as well as could such agencies as the Department of Administrative Services and the Department of Human Resources.
When I say the money is already there, it is because of the change in the filing fee system for corporations under House Bill 1444 that went into effect last July 1. According to estimates, the change will generate revenues of at least eight hundred thousand dollars in fiscal year 1989. The network's installation cost has been estimated at five hundred and thirty-nine thousand dollars.
By law, of course, the filing fees cannot be used directly to fund the computer system, but rather must go into the general fund.

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The Superior Court judges want this system and my colleague, Presiding Justice Harold Clarke, and I, have made presentations to the appropriations committee in each house for a supplemental appropriation. I urgently ask that you give this request your close attention. The value of such a state-wide computer network is virtually unlimited and can save untold work-hours and money in carrying on the state's business.
Also, on the matter of computers, requests have been made, both in the supplemental and general budgets, for appropriations to provide for a computer system in the Court of Appeals. That court and the supreme court are among the busiest appellate state courts in the nation.
The Court of Appeals had more than twenty-three hundred cases filed with it last year. One of the judges reported to me recently that he had 46 cases to decide this month alone. We have had a computer system in the Supreme Court now for a few years, and the system is most helpful in drafting our opinions.
While the Court of Appeals has advanced beyond the stage of using quill pens and ink wells, it still is drafting on yellow legal pads which, in today's technology, is an ineffective method.
Under the theory of our three-branch system of government, each branch--the execu tive, the legislative, and the judiciary--are separate, independent and equal. Of course, that is not quite right in all matters. You hold the purse strings. That, I think, makes you more independent and more equal among the equal.
The point to that is that we remind you of the need to keep compensation for those in the judiciary somewhat on a par with rises in the cost of living and in purchasing power. This is a continuing need and so long as inflation continues, whether it be creeping or ram pant, annual adjustments are necessary.
We ask your serious consideration of this need.
The Judicial Council of Georgia, which was established in 1973 for the purpose of prov ing guidance and research for the judiciary of this state, has made recommendations to this body for the addition of eight superior court judgeships in seven of our 45 judicial circuits.
The council also is charged by law with submitting recommendations to this body for the improved operation of the state's courts. The recommendations for the additional judges result from a study demonstrating a need to achieve a more balanced and equitable distri bution of the caseloads.
Let me say that the recommendations are well grounded. They would provide for one additional judge in the Southern, Cherokee, Eastern, Chattahoochee, Atlantic and Lookout Mountain Circuits and two additional judges for the Atlanta Circuit.
Without going into minute details of the study, I can assure you that factors other than case loads have been considered. Among these are the size of the circuit and amount of travel time required, assistance from supporting judges and senior judges and future demo graphic trends. Costs also have been considered with estimates that each judgeship created during 1989 will cost the state an amount ranging from one hundred and fifty-five thousand to two hundred and eleven thousand dollars a year.
Those of you who have studied the progress of legislation and of social and legal ad vancements realize that there comes a time when an issue--to use an old legal term--becomes ripe for decision.
That time, if not already here, hangs heavy on the horizon for a state-wide indigent defense system. We have had such a system on the books for some time now. It has never been funded.
This is a difficult issue. We maintain an expensive and complex law enforcement and judicial system to deal with criminals. We hire policemen and train them to apprehend law violators. We hire district attorneys and their staffs to prosecute those violators. We main tain courts for the purpose of trying the violators. And we build and maintain prisons in

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which to incarcerate those who are convicted. We lack an adequate method for providing indigent defense in criminal cases.
How you choose to fund indigent defense is for you to decide. There are several possible sources--all known to you. Whether or not matching of state funds by counties should be required is for you to decide. But, I do emphasize that state funding in some form is needed now.
While funding for a state-wide indigent defense system is becoming a major issue, Geor gia has made headway in the matter of protecting the post conviction due process rights of those major criminal defendants convicted of murder and facing death penalties.
A new program is underway under the management of the newly formed Georgia Ap pellate Practice and Educational Resource Center. The center is charged with providing the highest level of representation available to every individual under a death sentence. It is designed to meet federal court decision mandates in post conviction proceedings.
This program has been evolving since 1985 and is an undertaking by the State Bar of Georgia with support from both the state and federal judiciaries and grants from both gov ernments. It is one of eight such programs around the nation and your continued support is appreciated.
The center, affiliated with Georgia State University College of Law, is charged with locating seasoned and capable volunteer lawyers to represent clients whose death penalty sentences have been affirmed by the Supreme Court of Georgia. The center will help guide these lawyers through the complicated post conviction processes and, hopefully, reduce the length of time spent in these processes.
The problem of crime in general is still with us, and the projection is that it will con tinue to worsen in the 90's. According to figures of the Metropolitan Atlanta Crime Commis sion, serious crime in Atlanta alone has increased 234 percent since 1970. Juvenile crime continues to rise. A significant part of criminal enterprises involves the drug traffic.
International and national trafficking in drugs is essentially a federal problem, but street sales and the violence that goes with it is something the states must deal with every day.
In one of our more recent convocations of the Bar and judges across the state, we sug gested that one way to cope with the drug abuse problem is for our trial judges to make special efforts to provide speedy trials for those accused of drug abuse, whether it be for a kingpin or a street hustler.
If an accused is innocent, he should be freed. If guilty, he should be sentenced quickly.
There is a problem with such a procedure, of course. The problem is prison overcrowd ing. According to a report of only this week, upwards of four thousand convicted felons are crowded in our jails while awaiting to be transferred to state prisons which are also overcrowded.
A colleague, Justice Weltner, suggested in a major address this week, that our problem is not that prisons are overcrowded, but the problem is that they are undercrowded. He has suggested, and I agree, that our citizens are ready to support building programs aimed at keeping convicted felons incarcerated for the allotted time of their sentence, rather than having to turn them loose early just to make room for another crop of newly convicted criminals.
In addition, we should continue to explore alternatives to incarceration, such as inten sive probation and home confinement with electronic monitoring.
I submit, in total seriousness, that no trial judge in Georgia should ever have to worry about whether the state will have room for the convicted criminal awaiting sentence by the judge.
In using this time to give you an over view of the needs of the third branch of govern-

FRIDAY, JANUARY 13, 1989

141

ment, it has not been my intention in any way to indicate that our judicial system is becom

"\

ing unravelled. On the contrary, as I said at the outset, we are functioning well.

..,,.;

We have begun new programs and continued old ones that have not needed financial

:

support from the General Aassembly. I speak of our continuing legal education program for

judges and, more recently, our efforts in conjunction with the Bar of this state to bring

about a new aura of ethics and professionalism in the practice of law.

Last fall we held a convocation in Macon to explore the question of whether there is more to the practice of law than making money. We concluded that while one must make a living, we need to be ever watchful over the ethics and professional standards of our profession.

We have established new requirements for ethics education in our continuing legal edu cation programs. We have adopted a revised oath of office for attorneys in which we went back to the language dating back to the early 1800's.

The oath that we took when we were admitted to the Bar had us swear, as lawyers, that we would conduct ourselves justly and uprightly. The new oath now adds the phrase--"I will truly and honestly demean myself." Lawyers and judges all over the state have begun taking this oath which, in my judgment, goes to the heart of the profession.

;.

I recently had the occasion to review some of the milestones of the judiciary of this

country in research for an address to the American Judicature Society of Georgia. I found

that the judiciary did not always have the confidence that our citizens now place in us. For

instance, around the turn of the century, some of the court decisions drew so much criticism

'4 ;:

that President Theodore Roosevelt sponsored a move that would allow citizens, by referen-

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dum, to overturn and nullify a specific court decision.

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We have come a long way. The criticism today is that we don't go forward fast

;

enough--not that we are going in the wrong direction.

We earnestly solicit the cooperation and help of the two houses of the General Assem bly in building a better judiciary for the people of Georgia.

On behalf of the members of the judiciary in our state, I thank you for the resolution inviting me to speak to you today and for your presence and attention.

Senator Allgood of the 22nd moved that the Joint Session be now dissolved, and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

Pursuant to the provisions of a previously adopted motion, the Senate stood in recess until 5:00 o'clock P.M. at which time the Senate stood adjourned, pursuant to HR 8 adopted previously, until 10:00 o'clock A.M. on Monday, January 23, 1989.

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Senate Chamber, Atlanta, Georgia Monday, January 23, 1989 Sixth Legislative Day

The Senate met pursuant to adjournment at 10:00 ; ^lock A.M. today and was called to order by the President.

Senator Scott of the 2nd reported that the Journal of the proceedings of Friday, Janu ary 13, had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

Serving as doctors of the day while the General Assembly was in recess were the following:

Dr. W. Scott James Atlanta, Georgia
Dr. Joy A. Maxey Atlanta, Georgia
Dr. Hugo Moreno East Point, Georgia
Dr. Ken Hoose
Decatur, Georgia Dr. Charles Hubbard
Carrollton, Georgia

January 17 January 17 January 18 January 19 January 20

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 138. By Representative Yeargin of the 14th:
A bill to amend an Act creating the Board of Commissioners of Oglethorpe County, so as to change the compensation of the chairman of the board.

HB 90. By Representatives Thomas of the 69th, Groover of the 99th and Pettit of the 19th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.

HB 91. By Representatives Thomas of the 69th, Groover of the 99th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated.

MONDAY, JANUARY 23, 1989

143

HB 92. By Representatives Thomas of the 69th, Groover of the 99th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 16-9-60 of the Official Code of Georgia Annotated, relating to foreclosure fraud, so as to change an incorrect reference within the Code section.
HB 93. By Representatives Thomas of the 69th, Groover of the 99th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory por tion of the Official Code of Georgia Annotated, as amended; to provide for neces sary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated.
HB 108. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Chapter 4 of Title 45 of the Official Code of Georgia Annotated, relating to official bonds, so as to provide that the bonds of the chief magistrates and magistrates shall be approved by the judge of the probate court and recorded and filed by him.
HB 10. By Representative Groover of the 99th:
A bill to amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to judicial assistance to the courts of this state by judges and magistrates of other courts, so as to provide that retired judges or judges emeritus of the state courts shall receive compensation and reimbursement of expenses while rendering judicial assistance to any court.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 22. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th:
A resolution designating the Romeo Diprima Center, the Mildred Knight Prevocational Center for the Developmentally Disabled, and the Ellis Hale Training and Treatment Center for Adolescents at the Northwest Georgia Regional Hospital.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 118. By Senator Brannon of the 51st:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to authorize persons who operate motorcycles to wear headsets or headphones for communication purposes only. Referred to Committee on Public Safety.
SB 119. By Senator Timmons of the llth:
A bill to amend Code Section 26-2-112 of the Official Code of Georgia Annotated, relating to exceptions to the provisions requiring inspection of the slaughter of animals and the preparation of the carcasses, parts thereof, meat, and meat food

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products, so as to change the exception relating to the slaughtering and processing of rabbits.
Referred to Committee on Agriculture.
SB 120. By Senator Timmons of the llth:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to change the provi sions relating to application for membership in the fund; to increase the total payments necessary in order to claim certain prior service under certain condi tions; to change the provisions relating to requirements for continued active membership in the fund. Referred to Committee on Retirement.
SB 121. By Senator Timmons of the llth:
A bill to amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, so as to change the retirement benefits under Option One, known as the "single life annuity"; to provide conditions for an effective date and for auto matic repeal. Referred to Committee on Retirement.
SB 122. By Senators Bowen of the 13th, Timmons of the llth, Parker of the 15th and Perry of the 7th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to require newly appointed chiefs of police and heads of law enforcement units to attend a law en forcement chief executive training class; to provide for funding.
Referred to Committee on Public Safety.
SB 123. By Senators Stumbaugh of the 55th, Dean of the 31st and Deal of the 49th:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for a definition; to require the installation of an ignition interlock device as a condition of probation for certain persons convicted of the offense of driving under the influence of alcohol or drugs; to require such devices for reinstatement of certain drivers' licenses and as a condi tion of obtaining a limited driving permit.
Referred to Committee on Judiciary.
SB 124. By Senators Barker of the 18th, Kidd of the 25th and Stumbaugh of the 55th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to create the "Child Health Services Act"; to provide that all accident and sickness insurance benefit plans, policies, or con tracts providing coverage on an expense incurred basis shall also provide that the accident and sickness benefits applicable for children include coverage for child health supervision services from the moment of birth to age five years. Referred to Committee on Insurance.
SB 125. By Senators Taylor of the 12th, Land of the 16th, Shumake of the 39th and others:
A bill to amend Article 2 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing and regulation of agents, brokers, and others for property, casualty, or surety insurance, so as to provide for prior written no-

MONDAY, JANUARY 23, 1989

145

tice to be given when an insurer terminates the certificate of authority of a prop erty, casualty, or surety agent. Referred to Committee on Insurance.
SB 126. By Senator Shumake of the 39th:
A bill to amend Code Section 32-2-1 of the Official Code of Georgia Annotated, relating to the composition of the Department of Transportation, so as to provide for reorganization of certain offices. Referred to Committee on Transportation.
SB 127. By Senator Shumake of the 39th:
A bill to amend Chapter 39 of Title 33 of the Official Code of Georgia Annotated, relating to the collection, use, and disclosure of information gathered by insur ance institutions, so as to provide that with respect to a personal or family type policy of motor vehicle insurance an insurance institution or agent may not use as the sole basis for an adverse underwriting decision the fact that the applicant has never purchased such a policy. Referred to Committee on Insurance.
SB 128. By Senator Shumake of the 39th:
A bill to amend Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to fraud in obtaining public assistance, food stamps, or Medicaid, so as to direct the Department of Human Resources to prosecute any person obtaining public assistance, food stamps, or Medicaid by means of fraud. Referred to Committee on Human Resources.
SB 129. By Senator Shumake of the 39th:
A bill to amend Code Section 20-2-150 of the Official Code of Georgia Annotated, relating to eligibility for enrollment in general education programs, so as to change the date for determining eligibility; to provide for related matters; to pro vide an effective date. Referred to Committee on Education.
SB 130. By Senator Shumake of the 39th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to prohibit lessors of rental motor vehicles from requiring lessees to return the vehicles empty of gasoline. Referred to Committee on Industry and Labor.
SB 131. By Senator Shumake of the 39th:
A bill to amend Code Section 32-2-69 of the Official Code of Georgia Annotated, relating to the award of a contract to the lowest bidder, so as to provide proce dures relative to bids of disadvantaged business enterprises. Referred to Committee on Industry and Labor.
SB 132. By Senator Huggins of the 53rd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to provide for a fourth judge of the superior courts of the Lookout Mountain Judi cial Circuit of Georgia; to provide for the election and term of office of said judge; to provide for the powers, duties, jurisdiction, and compensation of said judge. Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE

SB 133. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from certificate of need requirements, so as to provide for additional exemptions for certain equipment and provide for applicability; to provide an effective date. Referred to Committee on Human Resources.
SB 134. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from certificate of need requirements, so as to provide additional exemptions for certain facilities providing services to head-injured persons and provide for applicability; to provide an effective date. Referred to Committee on Human Resources.
SB 135. By Senator Kidd of the 25th:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to change certain definitions; to exempt personal care homes from certificate of need requirements. Referred to Committee on Human Resources.
SB 136. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-42 of the Official Code of Georgia Annotated, regarding considerations concerning the grant or denial of a certificate of need, so as to provide for situations in which the need for certain beds shall not be a consideration in determining whether to grant or deny a certificate of need; to provide for applicability; to declare legislative intent; to provide an effective date. Referred to Committee on Human Resources.
SB 137. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemption from applicability, so as to provide for a new exemption for certain renovation and replacement projects; to provide an effective date. Referred to Committee on Human Resources.
SB 138. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the organization of state health planning and develop ment, so as to provide that the appointment of the executive director of the Health Planning Agency shall be subject to confirmation by the Senate. Referred to Committee on Human Resources.
SB 139. By Senator Deal of the 49th: A bill to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, so as to provide that magistrate courts shall have jurisdiction over the execution or subscribing and the accept ance of written waivers of extradition.
Referred to Committee on Judiciary.
SB 140. By Senators Barnes of the 33rd, Dawkins of the 45th, Tysinger of the 41st and others:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the State Construction Industry Licensing Board, so as to provide for

MONDAY, JANUARY 23, 1989

147

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the licensing of utilty contracting; to provide for legislative purpose; to change

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and add certain definitions; to provide for an additional Division of Utility

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Contractors.

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Referred to Committee on Industry and Labor.

SB 141. By Senators Barnes of the 33rd and Starr of the 44th:

A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated,

relating to selling and other trade practices, so as to provide for the regulation of

dealers and suppliers of multiline heavy equipment; to define certain terms; to

'

regulate the cancellation and renewal of agreements between dealers and suppli

ers; to provide for notice of intent to amend or cancel an agreement.

Referred to Committee on Industry and Labor.

SR 22. By Senator Kidd of the 25th:
A resolution granting nonexclusive easements for construction, operation, and maintenance of roads and transmission and power lines in, on, under, over, upon, across, and through property owned by the State of Georgia in Wilkinson County, Georgia; to provide an effective date.
Referred to Committee on Public Utilities.

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SR 23. By Senator Kidd of the 25th:

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A resolution authorizing and directing the conveyance of certain state owned

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property located in Baldwin County, Georgia; to repeal a specific Act; to provide

an effective date.

Referred to Committee on Public Utilities.

SR 25. By Senator Coleman of the 1st:

A resolution authorizing the State Properties Commission to convey to the De

velopment Authority of Chatham County, Georgia, and Union Camp Corpora

tion, easements for the drilling, boring, constructing, laying, operating, maintain-

;

ing, repairing, removing, and replacing of an outfall structure, a diffuser system,

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pipelines, conduits, and electrical cables in, on, under, over, upon, across, and

through certain state owned property situated in the Savannah River, Chatham

,

County, Georgia.

Referred to Committee on Public Utilities.

SR 26. By Senator Barker of the 18th:

A resolution recognizing the Warner Robins Clean Community Commission and

urging all communities in Georgia to instill a recycling and land preservation

:

ethic.

Referred to Committee on Urban and County Affairs (General).

SR 27. By Senators Taylor of the 12th, Land of the 16th, Shumake of the 39th and

::!,,'.

others:

A resolution urging the Commissioner of Insurance to exercise his authority with regard to the capricious and unfair termination of the appointment of property and casualty insurance agents.

Referred to Committee on Insurance.

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JOURNAL OF THE SENATE

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

Albert Allgood Baldwin Barker
Barnes Bowen B_ rannon Burton Clay
Coleman Collins
Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster
Fuller Garner GTTillis ... " Huggins
Johnson Kennedy
Kidd Land Langford Newbill Olmstead Parker

Peevy Perry Pollard Ragan of loth
Ragan of 32nd pay aoTMco*t*t ,,0<1 o2n^d ^cott of 36th ^humake
*tarr Stumbaugh
Tate T&yloi Timmons Turner Tysinger Walker

Not answering were Senators Howard, McKenzie and Phillips.

Senator Deal of the 49th introduced the chaplain of the day, Dr. John Lee Taylor, pastor of the First Baptist Church, Gainesville, Georgia, who offered scripture reading and prayer.

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

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334
January 13, 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 Regular Session as of 3:00 p.m. on January 13, 1989. The list is numbered 1 through 565.
Most sincerely,
/s/ Max Cleland
Attachment
Received by: /s/ Hamilton McWhorter, Jr.

MONDAY, JANUARY 23, 1989

151

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 persons numbered 1 through 565, who have registered in the Docket of Legislative Appearance as of January 13, 1989, 3:00 p.m. in accordance with Georgia Law 1970, p. 695, as the same appears on file and record in this office.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 13th day of January, 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

Abdul Haadee Muhammad Post Office Box 42802 Atlanta, Georgia 30311 404/473-8124 Southern States Sign Council The Ficor Group, Ltd.
A. Ann Deaton 215 Piedmont Avenue #1203 Atlanta, Georgia 30308 404/827-9154 Georgia Pharmaceutical Association (Student Group)
Wm. Rick Davis Suite 206, 45 South Avenue Marietta, Georgia 30060 404/423-7577 Georgia Federation of Appraisers National Federation of Appraisers National Federation of Real Estate Professionals Georgia Federation of Real Estate Professionals
James C. Clinkscales Suite 206, 145 South Avenue Marietta, Georgia 30060 404/423-7577 Georgia Federation of Appraisers National Federation of Appraisers National Federation of Real Estate Professionals Georgia Federation of Real Estate Professionals
Linda D. Burkett 1931 Dellwood Drive N.W. Atlanta, Georgia 30309 404/352-9410 Family Concerns Inc.

6. Alien Swarthout P.O. Box 144 Bardstown, Kentucky 40004 Child Safe International Cobra, Convict, Coordinating Committee
7. J.M. Patterson Suite 240, 1400 Montreal Road Tucker, Georgia 30084 404/938-2100 Patterson Engineering, Inc.
8. Rhonda Poston 4696 Oakdale Road Smyrna, Georgia 30080 404/435-9962 Southern States Landfill, Inc.
9. Eric W. Cash 4696 Oakdale Road Smyrna, Georgia 30080 404/435-9962 Southern States Recycling
10. Norma Lucas 6640 Wealthy Court Riverdale, Georgia 30274 404/991-2283 Dignity Inc.
11. Wylene R. Stamps 1117 Helmer Road Riverdale, Georgia 30296 404/471-0914 Dignity Inc.
12. Harold Lewis 80 James P. Brawley Drive #259 Atlanta, Georgia 30316 404/827-9592 Black Men's Health Network Citizen

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JOURNAL OF THE SENATE

13. Bert Fridlin 1447 Peachtree Street, N.E., Suite 804 Atlanta, Georgia 30309 404/876-8516 National Federation of Independent Business/Georgia
14. Darrion Pam Monroe 180 Roswell Street, Suite B Marietta, Georgia 30060 404/427-4441 Law Offices, Darrion Pam Monroe
15. Ed Ray 3277 North Whitney Avenue Hapeville, Georgia 30354 404/762-7400 8th District Council Georgia State Parent Teachers Association South Fulton Council Georgia State Parent Teachers Association Paul D. West Middle School Tri-Cities High School
16. Martha Eaves 988 Milstead Avenue Conyers, Georgia 30207 404/483-7511 AARP OWL
17. Ed Baker c/o Atlanta Business Chronicle 1801 Peachtree Street Atlanta, Georgia 30309 404/249-1000 Atlanta Advertising Club Advertising Ethics Committee
18. William R. Simson 1474 Brooklyn Avenue NW Atlanta, Georgia 30309 404/876-8341 Georgia Aids Education Group Legal (Legislate Equality for Gays and Lesbians) Citizen
19. Tadeusz A. Gardocki 2760 Millwood Court Decatur, Georgia 30033 404/727-7020 Georgia Aids Education Group Legal (Legislate Equality for Gays and Lesbians) Citizen

20. Dick (Richard) Rhodes 1298 Keys Lake Drive Atlanta, Georgia 30319 404/636-5410 Georgia Aids Education Group Legal (Legislate Equality for Gays and Lesbians) Citizen
21. Timothy J. Forshay 754 Juniper Street, NE, Unit 10 Atlanta, Georgia 30308 404/892-2194 Georgia Aids Education Group Legal (Legislate Equality for Gays and Lesbians) Citizen
22 Pat Swan 583 Villa Drive Lilburn, Georgia 30247 404/923-6550 Continuum Georgia Federation Woman's Club
23. Gil Muratori 12203 S.W. 107 Court Miami, Florida 33176 305/253-5828 Hoechst-Celanese Corp.
24. Trey Paris Post Office Drawer 1734 Atlanta, Georgia 30301 404/676-4952 The Coca-Cola Company
25. Lana M. Chase GSU School of Nursing Atlanta, Georgia 30303 404/651-3046 Georgia Nurses Association
26. Kyle Warner Shadix Post Office Box 355 Bremen, Georgia 30110 404/537-3661 Citizens for a Better Educated Georgia (CBEG)
27. Ruthie A. Gregorsky 600 Wharton Circle S.W. Atlanta, Georgia 30135 404/691-7133 Citizens for a Better Educated Georgia

MONDAY, JANUARY 23, 1989

153

28. Paul D. Bolster North X Northwest Office Park Atlanta, Georgia 30339 404/955-0324 Georgia Hospital Association
29. Maxine J. Hines North By Northwest Office Park Atlanta, Georgia 30339 404/955-0324 Georgia Hospital Association
30. Adele Cohen 1718 Peachtree Street, Suite 552 Atlanta, Georgia 30306 404/875-5300 Atlanta Healthcare Alliance
31. Dianne Rogers 1436 Westboro Dr., S.W. Atlanta, Georgia 30310 404/752-7200 Transportation Communications Union
32. Mike Darnell Post Office Box 11307 Macon, Georgia 31212 912/474-6560 Georgia Cattlemen's Association
33. VOID
34. Glenn B. Smith Post Office Box 11037 Macon, Georgia 31212 912/474-6560 Georgia Cattlemen's Association
35. Ted L. Hammock Post Office Box 1648, 127 7th Street Augusta, Georgia 30903 404/828-8360 National Science Center Foundation
36. Mary C. Hickey Georgia Hill Center Atlanta, Georgia National Organization for Women
37. Stephen Kip Burt 4367 Oak Creek Sub Gainesville, Georgia 30501 404/532-7187 Citizen
38. Wayne W. Oliver Post Office Box 95527 Atlanta, Georgia 30347 404/231-5074 Georgia Pharmaceutical Association

39. Eva Galambos 5070 Trimble Road Atlanta, Georgia 30342 404/255-4430 Committee for Sandy Springs
40. Jim Hammock 2625 Cumberland Parkway, Suite 280 Atlanta, Georgia 30339 404/435-7400 Anheuser-Busch Omni Resource Group, Inc.
41. Sam E. West Seed Lake Lakemont, Georgia 30552 404/782-4815 American Centennial Ins. Wesco Insurance Co. Westby Management Corp.
42. Cliff C. "Bucky" Kimsey III 55 Marietta Street Atlanta, Georgia 30303 404/529-4784 Bank South, N.A.
43. Keith Hatcher 3200 Presidential Drive Atlanta, Georgia 30340 404/451-1831 Georgia Association of Realtors Inc.
44. Emily Ellis 1362 West Peachtree Street, N.W. Atlanta, Georgia 30309 404/876-4624 Georgia Nurses Association
45. Arthur D. Krotz 3 Finch Trail, NE Atlanta, Georgia 30308 404/881-8526 Georgia Nurses Association American Association of Critical Care Nurses
46. Portia G. Welcher, RN Veterans Admin. Medical Cen. Nursing Service-Uptown Augusta, Georgia 30910 404/724-5116 Georgia Nurses Association Chi Eta Phi Nursing
47. Bettye L. Stokes, RN 404 Espinosa Street Augusta, Georgia 30901 404/724-2077 Georgia Nurses Association Chi Eta Phi Nursing

154

JOURNAL OF THE SENATE

48. Robert C. Boone Post Office Box 1706 Atlanta, Georgia 30301 404/984-3010 Chevron U.S.A. Inc.
49. Milton Chaikin 1390 Declair Drive Atlanta, Georgia 30329 404/636-1840 Georgia Alliance for the Mentally 111
50. Betsey Weltner Cohn & Wolfe 225 Peachtree Street Atlanta, Georgia 30303 404/688-5900 Parley, Inc. Cohn & Wolfe
51. Norman Wolfe 225 Peachtree Street Atlanta, Georgia 30303 404/688-5900 Cohn & Wolfe Parley, Inc.
52. William S. Cannon V 956 Washington Place Atlanta, Georgia 30314 404/758-1387 American Contract Compliance Association
53. Thomasene Blount Roberts 643 Martin Luther King Jr Drive SW Morris Brown College Atlanta, Georgia 30331 404/525-7831 Morris Brown College
54. Donna Velara Hurt 4265 Glenda Drive College Park, Georgia 30337 404/767-5570 Citizen
55. Perry Price 180 Roswell Street, Suite B Marietta, Georgia 30060 404/427-4441 Citizen Law Offices of D. Pam Monroe

56. Eric G. Kocher 1801 Peachtree Street, Suite 250 Atlanta, Georgia 30309 404/355-3900 Georgia Assoc. of Criminal Defense Lawyers Georgia Indigent Defense Council Citizen
57. Steve Whiten 1350 Earle Court Conyers, Georgia 30208 404/929-3748 Schering-Plough, Inc.
58. Leonary Lawson 2237 Peachtree Street Atlanta, Georgia 30306 404/753-6670 Mothers Against Drunk Drivers (MADD)
59. Harvey Benjamin Yellin Post Office Box 985 Valdosta, Georgia 31603 912/333-5157 Georgians for Victim Justice
60 John H. Thomas Building 2400, 3000 Langford Road Norcross, Georgia 30071 404/447-4611 Georgia Innerconnect Association Allentest Products Fraternal Order of Police Georgia Burglar and Fire Alarm Association, Inc. Georgia Public Safety Coalition
gj VOID
62. Mark A. Fackler 1404 8th Avenue Albany, Georgia 31707 912/436-8365 Georgia Credit Union Affiliates
63. Dr. Jimmie C. Jackson 7135 8th Street, N.W. Washington DC 20012 202/727-5362 Savannah State College National Alumni Association
64. Jack Wolcott Collins 534 Medlock Road, Room 108 Decatur, Georgia 30030 404/378-2833 Christian Science Committee on Publication for Georgia

MONDAY, JANUARY 23, 1989

155

65. David Lee Prather 279 Logan Street, S.E. Atlanta, Georgia 30312 404/688-1256 Communication Workers of America Georgia Political Council
66. VOID
67. Raymond C. Smith 2540 Lakewood Avenue Atlanta, Georgia 30315 404/622-0521 Teamsters-Local 728
68. Jerry B. King 2540 Lakewood Avenue Atlanta, Georgia 30315 404/622-0521 Teamsters-Local 728
69. Daniel L. Drummond 2540 Lakewood Avenue Atlanta, Georgia 30315 404/627-0922 Teamsters-Local 728
70. Charles Musselwhite Post Office Box 909 Dahlonega, Georgia 30533 404/864-5200 Georgia Association of Educational Leaders
71. John S. Yates Post Office Box 909 Dahlonega, Georgia 30533 404/864-5200 Georgia Association of Educational Leaders
72. Skip Yow 1240 Atkinson Road Lawrenceville, Georgia 30243 404/962-2985 Georgia School Boards Association (GSBA)
73. Gary Ashley 1240 Atkinson Road Lawrenceville, Georgia 30243 404/962-2985 Georgia School Boards Association (GSBA)

74. Bill McBrayer 100 Edgewood Avenue, N.E. Suite 1804 Atlanta, Georgia 30303 404/577-3435 Georgia Retail Association Georgia Chain Drug Council Opticians Association of Georgia
75. James W. McAllister 303 Waverly Way LaGrange, Georgia 30241 404/884-7861 City School Systems of Georgia Professional Association of Georgia Educators
76. Gilbert G. Dulaney 800 Peachtree Street, Room 527 Atlanta, Georgia 30308 404/874-6094 Georgia County Welfare Association
77. Barbara Joan Moseley Post Office Box 675439 Marietta, Georgia 30067 404/499-7966 Citizen
78. Robert D. Jewitt Post Office Box 675439 Marietta, Georgia 30067 404/499-7966 Family Concerns Citizen
79. Angela Henderson Post Office Box 675439 Marietta, Georgia 30067 404/425-0963 Family Concerns Citizen
80. Jeanne C. Butler Post Office Box 672 Tucker, Georgia 30084 404/299-3939 Family Concerns Citizen
81. Melanie S. Howard 3468 Runelle Place Lilburn, Georgia 30247 404/972-7169 Family Concerns, Inc.

156

JOURNAL OF THE SENATE

82. Marie M. Alderson Route 10, Box 279, Gaddis Road Canton, Georgia 30114 404/475-7000 Family Concerns, Inc. Citizen
83. Tracey S. Ehrlich 2924 Country Squire Lane Decatur, Georgia 30033 404/934-1045 Family Concerns, Inc. Citizen
84. Jim Glanton 8374 Creekridge Circle Riverdale, Georgia 30296 404/471-4410 Family Concerns, Inc. Citizen
85. Judith Rhea Cox Post Office Box 550168 Atlanta, Georgia 30355 404/373-4356 Family Concerns Georgia Insight Georgia Forum Georgia Right to Life
86. Norma Derossett 5495 Arundel Drive, N.W. Atlanta, Georgia 30327 404/252-2628 Family Concerns, Inc.
87. Susan G. Medlock 2132-A Virginia Place, N.E. Atlanta, Georgia 30305 404/264-9658 Family Concerns, Inc.
88. Karen Opp Labarr 2131 Strasburg Court Dunwoody, Georgia 30338 404/438-8652 Family Concerns, Inc.
89. VOID
90. Sue Ella Deadwyler 4168 Rue Antoinette Stone Mountain, Georgia 30083 404/294-4919 Georgia Insight
91. Nancy Schaefer Post Office Box 550168 Atlanta, Georgia 30355 404/373-4356 Family Concerns, Inc.

92. Zena S. Mitchell 346 Meadowood Manor Decatur, Georgia 30038 404/981-7944 Family Concerns, Inc.
93. Angelina R. Luke 3155 Presidential Drive Atlanta, Georgia 30340 404/451-2662 Apartment Owners & Managers Association
94. Brian T. Evans Post Office Box 210 Juliette, Georgia 31046 912/986-4620 Appleton Family Ministries Middle Georgia Council for Children & Youth Georgia Residential Child Care Association
95. Savannah Potter Miller 384 Peachtree St. NE, Suite 804 Atlanta, Georgia 30308 404/577-5026 Georgia Federation of Democratic Women
96. William Alexander 1195 Lenox Circle, N.E. Atlanta, Georgia 30306 404/876-4572 City of Atlanta City of Savannah
97. Richard Cobb 230 Peachtree Street, N.W., Suite 1500 Atlanta, Georgia 30303 404/522-2574 Petroleum Council of Georgia
98. John Poole 233 Peachtree St., Suite 200 Atlanta, Georgia 30303-2705 404/223-2287 Business Council of Georgia Georgia Liability Crisis Coalition
99. Lee Richardson Post Office Box 2356 Smyrna, Georgia 30081 404/438-8442 American Bikers Active Towards Education of Georgia, Inc.

MONDAY, JANUARY 23, 1989

157

100. Virginia G. Ward 2540 Lakewood Avenue S.W. Atlanta, Georgia 30315 404/622-0521 Teamsters Local 728 Teamsters Local 928
101. R. Mark Holloway 305 Coliseum Drive Macon, Georgia 31298 912/741-8012 Greater Macon Chamber of Commerce
102. Stephen P. Georgeson 675 Ponce de Leon Avenue, N.E., 95 Annex Atlanta, Georgia 30395 404/885-3575 The Georgia Conservancy Sears, Roebuck and Company
103. C.D. (Duke) Ellington 2590 Orchard Knob Drive Atlanta, Georgia 30339 404/996-0014 Apartment Owners & Managers Association, Inc.
104. Jim Tudor 4128 Hawkeye Way Stone Mountain, Georgia 30083-3104 404/292-8104 Georgia Association of Convenience Stores
105. VOID
106. C. Robert Smith 6754 Broad Street Douglasville, Georgia 30134 404/949-2000 Georgia Association of Assessing Officials
107. VOID
108. Richard A. Guthman, Jr. 34 Peachtree Street, N.W. Atlanta, Georgia 30303 404/584-1509 1st American Bank of Georgia

109. Steven L. Levetan 3340 Peachtree Street, Suite 1700 Atlanta, Georgia 30306 404/262-1453 Georgia Association of Scrap Processors Institute of Scrap Recycling Industries, Southeast Chapter Southeast Recycling Elco Enterprises
110. Luke R. Lassiter 106 Pine Crest Drive Gumming, Georgia 30130 404/887-9605 National Association of Independent Insurers
111. Ernest Davis, Jr. 151 Spring Street, N.W. Atlanta, Georgia 30335 404/524-5811 Atlanta Legal Aid Society, Inc. Georgia Legal Services Programs, Inc.
112. Jim H. Groome 2625 Cumberland Parkway, Suite 485 Atlanta, Georgia 30339 404/438-1589 China Clay Producers Association Mead Corporation Inland Container Corp.
113. Andrew G. Martinez 1311 Executive Center Drive Tallahassee, Florida 32301 904/878-0939 Nationwide Insurance Companies
114. Ervin W. Goodroe Post Office Box 160 Austell, Georgia 30001 404/941-0223 Building Material Merchants Association
115. F. Thomas Longerbeam Five Dunwoody Park, Suite 113 Atlanta, Georgia 30338 404/394-8632 Motor Vehicle Manufacturers Association of the United States, Inc
116. Lee R. Lemke 2625 Cumberland Parkway, Suite 485 Atlanta, Georgia 30339 404/438-1588 Georgia Mining Association China Clay Producers Association

158

JOURNAL OF THE SENATE

117. John D. Folds, Jr. 1585 Phoenix Boulevard, Suite 5 Atlanta, Georgia 30349 404/996-0509 State Farm Insurance Co
118. Robert R. Potter Post Office Box 54247, 771 Spring Street, N.W. Atlanta, Georgia 30308 404/888-1756 State Farm Insurance Companies
119. Percy Marchrnan 2799 Lawrenceville Highway Suite 200 Decatur, Georgia 30033 404/621-9837 Georgia Association Property & Casualty Insurance Companies
120. Raymond G. Farmer 950 East Paces Ferry Road, Suite 2240 Atlanta, Georgia 30326 404/261-8834 American Insurance Association
121. Karen S. Gillespie Post Office Box 16503 Atlanta, Georgia 30321 404/968-2656 Squibb Corp.
122. Judith A. Janus 6666 Powers Ferry Road, Suite 260 Atlanta, Georgia 30339 404/984-9704 Georgia Association of Home Health Agencies, Inc.
123. Hannah M. Branton 250 Georgia Avenue, SE, Room 363 Atlanta, Georgia 30312 404/523-0896 Georgia Housing Coalition
124. Herman L. Moore Post Office Box 105605 Atlanta, Georgia 30348 404/521-4756 Georgia Pacific Corporation
125. B. Keith Melton 230 Peachtree Street, N.W., Suite 1810 Atlanta, Georgia 30303 404/658-7000 Atlanta Economic Development Corporation (AEDC)

126. Patrick D. McWhorter 100 Galleria Parkway, Suite 400 Atlanta, Georgia 30339 404/955-5292 National Association of Independent Insurers
127. VOID
128. VOID
129. Freda R. Turner 559 Jerry Steele Lane McDonough, Georgia 30253 404/957-9802 Citizen Henry County Farm Bureau
130. Kathleen B. Moss 641 Brannan Road McDonough, Georgia 30253 404/957-9089 Henry County Farm Bureau Citizen
131. Alien E. Owen West Point Pepperell, Inc. Post Office Box 71 West Point, Georgia 31833 404/645-4435 West Point Pepperell, Inc.
132. Richard "Scrap" Wheeler 275 Winona Drive Fayetteville, Georgia 30314 404/761-8550 Fulton County Board of Education
133. Mary Frances Williams 1105 West Peachtree Street Atlanta, Georgia 30309 404/873-6916 Georgia Association of Licensed Adoption Agencies Families First
134. Charles H. Hamblen 2564 Lake Flair Circle Atlanta, Georgia 30345 404/633-0122 Georgia Silver Haired Legislature
135. John F. Chambless 147 Harris Street, N.W. Atlanta, Georgia 30313 404/522-5941 Associated General Contractors of America, Inc.

MONDAY, JANUARY 23, 1989

159

136. Gary P. Fowler 147 Harris Street, N.W. Atlanta, Georgia 30313 404/522-5941 Associated General Contractors of America, Inc.
137. Richard J. Burrell 981 Guys Court Lilburn, Georgia 30247 404/972-3491 Household International
138. Betty Groepper 811 Oakdale Road, N.E. Atlanta, Georgia 30307 404/378-5724 League of Women Voters
139. Kathy B. Ashe 82 Westminister Drive, N.E. Atlanta, Georgia 30309 404/892-6406 League of Women Voters
140. Ray P. Williams 938 Peachtree Street, N.E. Atlanta, Georgia 30309 404/876-7535 Georgia Society of Ophthalmology Medical Association of Georgia
141. Joe D. Douglas, Jr. 13175 Hopewell Road Alpharetta, Georgia 30201 404/475-5004 Hopewell/North Alpharetta Civic Association Sanity, Inc.
142. Jesse M. Phillips 360 Pony Tail Road Alpharetta, Georgia 30201 404/475-1378 Sanity, Inc.
143. VOID
144. Carolyn D. Pace 2320 Saddlesprings Drive Alpharetta, Georgia 30201 404/442-1810 Sanity, Inc. Hopewell/North Alpharetta Civic Association
145. Jack W. Houston 900 North Hairston Road, Suite D Stone Mountain, Georgia 30083 404/296-0305 Georgia Association of Petroleum Retailers, Inc.

146. Neal B. Caldwell 900 North Hairston Road, Suite D Stone Mountain, Georgia 30083 404/296-0305 Georgia Association of Petroleum Retailers, Inc.
147. Richard L. Marshall, Sr. 900 North Hairston Road, Suite D Stone Mountain, Georgia 30083 404/296-0305 Georgia Association of Petroleum Retailers, Inc.
148. Thomas J. Raynor, Sr. 2745 Church Street East Point, Georgia 30344 404/763-2300 Georgia Bail Bond Association
149. Shelley Rose 1404 Spring Street Atlanta, Georgia 30309 404/873-4356 Georgia Citizens for the Arts
150. Mary Louise Stark Post Office Box 8 Lawrenceville, Georgia 30246 404/963-4920 Georgia Citizens for the Arts
151. Cecil S. Nash 2149 New London Place Snellville, Georgia 30278 404/972-6142 American Association of Retired Persons (AARP)
152. Alton P. Draughon 10905 Houze Road Roswell, Georgia 30075 404/992-0110 Charles Bartenfeld Co. Waste Systems, Inc. Chadwick Road Landfill, Inc.
153. Mike Stephen Raynor 125 Perimeter Center West, Suite 346 Atlanta, Georgia 30346 404/391-2482 Southern Bell

160

JOURNAL OF THE SENATE

154. Susan Saleska Post Office Box 95217 Atlanta, Georgia 30347 404/727-5588 Georgia Coalition Persons with Developmental Disabilities National Head Injury Foundation, Georgia Association Georgia Safety Belt Coalition
155. W. David Lane 584 Horse Ferry Road Lawrenceville, Georgia 30245 404/979-1783 Georgia Residential Child Care Association
156. Donna E. Lane Post Office Box 1331 Lawrenceville, Georgia 30246 404/995-7620 Gwinnett County Children's Shelter Georgia Residential Child Care Association
157. Sandra C. Mershon 952 Edgewood Avenue, N.E. Atlanta, Georgia 30307 404/524-0435 Citizen
158. Jim Martin 3340 Peachtree Road, N.E., Suite 2750 Atlanta, Georgia 30326 404/231-8676 Georgia Society of CPA's, Inc.
159. Fran Hesser 230 Peachtree Street, Suite 1500 Atlanta, Georgia 30303 404/522-2574 Petroleum Council of Georgia
160. Sharon Adams 1009 Oglethorpe Avenue Atlanta, Georgia 30310 404/755-4421 Prime Cable Citizen Georgia Cable Association Waste Management, Inc. Rankin Smith, Sr. A. L. Williams Corp.

161. Pamela W. Glanton 8374 Creekridge Circle Riverdale, Georgia 30296 404/477-1378 Citizen Family Concerns, Inc.
162. Michael R. MacKenzie 974 Klondike Court, Suite 102 Conyers, Georgia 30207 404/483-6168 Parole Consultant Services of Georgia
163. Joseph R. Parrott, Jr. 750 Hammond Drive Bldg. #9 Atlanta, Georgia 30328 404/256-7811 ITT Rayonier
164. Alfred Lamar McDonald 1736 Laurelwood Drive Atlanta, Georgia 30311 404/346-1165 Sandy's
165. Sandra S. McDonald 1736 Laurelwood Drive Atlanta, Georgia 30311 404/346-1165 Sandy's
166. Julianne Givens Goecke Hansell & Post, Suite 500 56 Perimeter Center East Atlanta, Georgia 30346-2283 404/399-1673 Hansell & Post
167. Tom Keating 210 Pryor Street, S.W. Atlanta, Georgia 30335 404/827-8033 Atlanta Public Schools
168. Gould B. Hagler, Jr. Post Office Box 48386 Atlanta, Georgia 30362 404/458-0093 Independent Insurance Agents of Georgia
169. Dick Dorsey 950 East Paces Ferry Road, Suite 2240 Atlanta, Georgia 30326 404/261-8834 American Insurance Association

MONDAY, JANUARY 23, 1989

161

170. Heywood Gay 3111 Shadow Walk Lane Tucker, Georgia 30084 404/723-0223 Professional Insurance Agents of Georgia American Therapy Association Citizen
171. Brooks Payne Rode 5 Collier Road, NW, #7 Atlanta, Georgia 30309 404/355-1155 Atlanta Junior League
172. Michael M. Kumpf 9040 Roswell Road, Suite 500 Atlanta, Georgia 30350 404/641-2439 BP America, Inc.
173. Charles McGrady 2646 Hawthorne Place Atlanta, Georgia 30345 404/391-8423 Sierra Club Georgia Chapter Georgia Conservancy
174. Brian Kaplan 1900 The Exchange, N.W., Suite 415 Atlanta, Georgia 30339 404/952-7393 Sierra Club, Georgia Chapter
175. Lawrence M. Hample 4735 Roswell Road, #27B Atlanta, Georgia 30342 404/843-0197 Sierra Club, Georgia Chapter
176. William D. Harrell 6720 Powers Ferry Road, Suite 100 Atlanta, Georgia 30339 404/988-8898 Sierra Club, Georgia Chapter
177. Ronald Scheiblauer 4715 Frederick Drive, S.W. Atlanta, Georgia 30336 404/696-9330 Southern Bicycle League
178. Ray Muse 7786 Hwy 85 Riverdale, Georgia 30274 404/471-1297 Atlanta Labor Council Communication Workers of America (CWA) Georgia Parent Teacher Association

179. Alien L. Henderson 120 Barrington Hills Dr. Dunwoody, Georgia 30350 404/394-7162 Physical Therapy Association of Georgia
180. Marie S. Steinmeyer 3985 Lynfield Court College Park, Georgia 30349-Rt. 6 404/349-2338 Georgia Women's Coalition for Medical Freedom, Inc. American Association of Retired Persons (AARP) Council on Aging Informed Health Care Association of Georgia, Inc. Older Women's League Georgia Association Medical Victims, Inc.
181. Don Cargill 1199 South CNN Center Atlanta, Georgia 30303-2705 404/688-9341 Atlanta Gas Light Company Ginn, Edington, Moore & Wade Georgia Business Coalition Chemical Waste Management Augusta Aviation Allied-Signal, Inc. A.L.E.S.A. (American League for Export & Security Assistance) American Polygraph Association Astroline Communications Company Cane Sugar Refiners Association Chrysler Aerospace Corporation Coastal Utilities Incorporated E.H. Industries, Ltd. Equifax, Inc. Georgia Business Coalition Hercules Inc. Lockheed Corporation Mechanical Technology, Inc. Oglethorpe Power Corporation Philip Morris U.S.A. The Regan Group Retirement Services of America Rockwell International Corporation Savannah Foods & Industries Shell Oil Company Texas Air/Eastern Air Lines Turner Broadcasting Systems, Inc. Waste Management, Inc. Watkins Associated Industries, Inc. Watkins Motor Lines

162

JOURNAL OF THE SENATE

182. Terry D. Lawler

192. Julius M. Lennard, Jr.

400 Perimeter Center Terraces

Ill Huntington Road, N.E.

i

Atlanta, Georgia 30346

Atlanta, Georgia 30309

404/668-6341

404/875-1060

MCI Telecommunications

Grand Jurors Association of Fulton

183. Linda M. Blair

County

Post Office Box 15168

193. Robert K. Yass

Atlanta, Georgia 30333

One Tower Square, 6-SHS

404/352-8041

Hartford, Connecticut 06183-1060

Citizen

203/954-8235

American Disabled for Accessible

Travelers Companies, The

Public Transportion (ADAPT) Let's Get Together, Inc.

194. Julian B. Rosenthal 8 Kings Walk, N.E.

184. Joel E. Harrell

Atlanta, Georgia 30307

185 Spring Street

404/377-3424

Atlanta, Georgia 30303

American Association of Retired

404/529-1935

Persons (AARP)

Norfolk Southern Corporation

195. Frances D. Todd

185. Kenda L. Bartlett

3639 Meadow Chase Drive

565 Circle Drive

Marietta, Georgia 30062

Fayetteville, Georgia 30214

404/565-1679

404/461-2323

Dodgen Middle School PTA

Citizen

Eastside Elementary School PTA

186. Mary N. Boyert Post Office Box 81474 Atlanta, Georgia 30092 404/454-7612 Georgia Right to Life Committee, Inc. Citizen
187. Luke Livingston 3307 Leeds Way Duluth, Georgia 30136 404/476-3202 Sandoz Pharmaceutical Corporation
188. Dale E. Brown Two Concourse Parkway, Suite 800 Atlanta, Georgia 30328 404/395-1605 International Association for Financial Planning
189. VOID
190. Kay H. Pippin 3951 Snapfinger Parkway Decatur, Georgia 30035 404/289-5867 Georgia Association of Educators
191. Dr. J.C. Mullis 824 South Milledge Avenue Athens, Georgia 30605 404/546-7852 Georgia Retired Teachers Association, Inc.

196. Harold Bevis Delta Air Lines, Inc. Hartsfield Atlanta International Airport Atlanta, Georgia 30320 404/765-2455 Air Transport Association of America Delta Airlines Inc.
197. Delores Gallego 1030 Delta Blvd. Atlanta, Georgia 30320 404/765-2458 Air Transport Association
198. Robert L. Lowe, Jr. 1134 Morningside Place, N.E. Atlanta, Georgia 30306 404/892-0990 The Hundred Club of Georgia, Inc. Georgia Association of Professional Bondsmen
199. Craig Weatherly 411 W. Ponce de Leon Avenue Decatur, Georgia 30030 404/378-4686 Informed Health Care of Georgia., Inc. Acupuncture Association of Georgia Georgia Womens Coalition for Medical Freedom, Inc Georgia Chiropractic Association

MONDAY, JANUARY 23, 1989

163

200. Frances B. Parham 100 Edgewood Avenue, #1010 Atlanta, Georgia 30303 404/522-8683 League of Women Voters of Georgia
201. W.M. Stapleton, Jr. Post Office Box 146 Milan, Georgia 31060 912/362-4176 United Transportation Union
202. Ron Byrd Route 9, Box 239A Ringgold, Georgia 30736 404/861-4261 Rorer Pharmaceuticals, Inc.
203. Aubrey T. Villines, Jr. Suite 520-South Tower One CNN Center Atlanta, Georgia 30303-2705 404/525-7620 Georgia Chiropractic Association, Inc. Chiropractic Political Action Committee Georgia Trial Lawyers Association, Inc. Law Political Action Committee Georgia Association for Marriage and Family Therapy Georgia Chapter of National Association of Social Workers Georgia Personnel and Guidance Association Private Rehabilitation Suppliers of Georgia Georgia Vocational Evaluation and Work Adjustment Association Georgia Association of the Deaf Georgia Registry of Interpreters for the Deaf
204. VOID
205. Mary H. Mines GSU Law Review University Plaza Atlanta, Georgia 30303 404/651-2047 Georgia State University Law Review
206. VOID

207. Peter L. Banks 975 Johnson Ferry Road, Suite 450 Atlanta, Georgia 30342 404/252-0700 Miller Brewing Company Amarada Hess Corporation ARA Services, Inc. Mortgage Bankers Association of Georgia Georgia Association of HMOs Georgia Society of Professional Engineers Georgia NR 60
208. Andy Owen 1900 Peachtree Center Tower, 230 Peachtree Street Atlanta, Georgia 30303 404/688-2600 American Insurance Association American Council of Life Insurers
209. Cathey W. Steinberg 1732 Dunwoody Place N.E. Atlanta, Georgia 30324 404/262-2244 Clients of the Senior Citizen Advisory Project Georgia Dental Hygienists Association
210. Bonita P. Murdock Route 2, Box 788 Forsyth, Georgia 31029 912/994-4621 Georgia Dental Hygienists Association
211. Sara Dunham 885 Landmark Drive Atlanta, Georgia 30342 404/252-0649 Georgia Dental Hygientists Association
212. Georgia B. Murphy 601 Bridge Lane Smyrna, Georgia 30082 404/435-5999 Georgia Chiropractic Association, Inc.

164

JOURNAL OF THE SENATE

213. T.R. Wade 1199 S. Tower CNN Center Atlanta, Georgia 30328 404/688-9341 Lockheed Corporation Augusta Aviation Allied-Signal, Inc. A.L.E.S.A. (American League for Export & Security Assistance) American Polygraph Association Astroline Communications Company Atlanta Gas Light Company Cane Sugar Refiners Association Chemical Waste Management Chrysler Aerospace Corporation Coastal Utilities Incorporated E.H. Industries, Ltd. Equifax, Inc. The Farm Credit Council Georgia Business Coalition Hercules, Inc. Lockheed Aeronautical Systems Company Mechanical Technology, Inc. Oglethorpe Power Corporation Philip Morris U.S.A. The Regan Group Retirement Services of America Rockwell International Corporation Savannah Foods & Industries Shell Oil Company Texas Air/Eastern Air Lines Texas Instruments, Inc. Turner Broadcasting Systems, Inc. Waste Management, Inc. Watkins Associated Industries, Inc. Watkins Motor Lines
214. Virgil T. Smith Post Office Box 1471 Dalton, Georgia 30722-1471 404/278-3280 American Association of Retired Persons (AARP) Virgil T. Smith Associates Ford Motor Company
215. Andrew D. Downs 233 Peachtree Street, Suite 200 Atlanta, Georgia 30303 404/223-2267 Business Council of Georgia Georgia Self Insurers Association Georgia Society of Association Executives

216. David Swann Post Office Box 7313 Atlanta, Georgia 30357 404/873-3003 Citizen
217. Martha S. Phillips 2951 Flowers Road, South, Suite 112 Atlanta, Georgia 30341 404/458-6166 Georgia Dental Association
218. James R. Bird 644 Elam Forest Court Stone Mountain, Georgia 30083 404/294-5427 American Association of Retired Persons (AARP)
219. Wales F. Barksdale 981 Milstead Avenue Conyers, Georgia 30207 404/922-4000 A. R. Barksdale, Inc. Snapping Shoals Electric Membership Corporation City of Conyers Con Roc Inc. Flynt Lumber Company
220. Marybeth Robertson Atkins 155 Ellis Street, Suite #422 Atlanta, Georgia 30303 404/659-3430 Georgia Electric Membership Corporation
221. Pat Gardner 1170 Fourteenth Place Atlanta, Georgia 30309 404/874-5219 Georgia Psychological Association
222. Vita R. Ostrander 1839 Mt. Royal Drive N.E. Atlanta, Georgia 30329 404/634-5522 American Association of Retired Persons (AARP) Georgia Council on Aging
223. Elise P. Brown 878 Peachtree Street, N.E., Suite 101 Atlanta, Georgia 30309 404/894-6427 Georgia Association for Primary Health Care

MONDAY, JANUARY 23, 1989

165

224. Mickey L. Goodson 878 Peachtree Street, N.E., Suite 101 Atlanta, Georgia 30309 404/894-6427 Georgia Association for Primary Health Care
225. Imo K. Todd 1165 Northchase Parkway, Suite 140 Marietta, Georgia 30067 404/984-2033 Professional Insurance Agents of Georgia
226. Doug Smith 590C Thornton Road Lithia Springs, Georgia 30057 404/944-8888 Professional Insurance Agents of Georgia
227. James P. Kulstad 158 Flora Avenue Atlanta, Georgia 30307 404/588-9455 Common Cause-Georgia
228. Francis J. Mulcahy 5780 Powers Ferry Road Atlanta, Georgia 30327-4390 404/980-5653 Life Insurance Company of Georgia
229. VOID
230. Demetrius Mazacoufa 1401 Peachtree Street, Suite 238 Atlanta, Georgia 30309 404/897-1000 Georgia Association of Rehabilitation Nurses Georgia Association of Nurse Anesthetists Georgia Nurses Association Georgia Dietetic Association Georgia Speech-Language-Hearing Association
231. Peggy Lehmberg 2610 Churchwell Lane Tucker, Georgia 30084 404/493-1334 Georgia Citizens for the Arts
232. Lyn Hunt Post Office Box 633 Madison, Georgia 30650 404/342-2767 Georgia Citizens for the Arts

233. Peggy Hatcher 174 The Prado, NE Atlanta, Georgia 30309 404/881-0941 Georgia Citizens for the Arts
234. Julia Ferguson Sawyer 33 Walker Terrace Atlanta, Georgia 30309 404/876-4283 Georgia Citizens for the Arts
235. Shirley T. Church Churchhill Farm, 671 Walton Road Newnan, Georgia 30263 404/251-4156 Georgia Citizens for the Arts
236. Thomas A. Bauer 100 Edgewood Avenue, N.E., #1008 Atlanta, Georgia 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 Metropolitan Atlanta
237. Albert "Mickey" Ward 23 Kensington Road Avondale Estates, Georgia 30002 404/296-5698 Georgia Association of Physician Assistants
238. John M. Crane 188 Anderson Street, Suite 200 Marietta, Georgia 30060 404/422-1286 Cobb Municipal Association
239. Bob L. Izlar Suite 1020, 40 Marietta Street, NW Atlanta, Georgia 30303-2806 404/522-0951 Georgia Forestry Association, Inc.
240. David Turner 3412 Breton Court, N.E. Atlanta, Georgia 30319 404/522-0951 Georgia Forestry Association, Inc.
241. Harry D. Hollingsworth, Jr. 1201 West Peachtree Street, IBM Tower, Suite 4800 Atlanta, Georgia 30309 404/875-1444 Grady Hospital

166

JOURNAL OF THE SENATE

242. Lithangia S. Robinson 2880 Valley Heart Drive, N.W. Atlanta, Georgia 30318 404/691-8720 Georgia Retired Teachers Association American Association of Retired Persons (AARP)
243. Gayle Hughes 4654 Roby Road Stone Mountain, Georgia 30083 404/292-1863 Georgia Eagle Forum
244. James D. King, Jr. 2424 Piedmont Avenue Atlanta, Georgia 30324 404/848-5049 Metropolitan Atlanta Rapid Transit Authority
245. Billy J. Baron 5901-C-Suite 345 Atlanta, Georgia 30328 404/668-0173 ABC Home Health Services, Inc.
246. Alton H. Hopkins Suite 1607, 3400 Peachtree Road, N.W. Atlanta, Georgia 30326 404/237-1035 Crown Central Petroleum Corp.
247. Ann S. Ritter 1214 Laurel Hill Drive Decatur, Georgia 30033 404/320-1076 American Marketing AssociationAtlanta Chapter
248. Leroy B. Anderson 3525 Mall Blvd., Suite 5EE Duluth, Georgia 30136 404/497-1121 Hensley-Schmidt, Inc.
249. John A. Helms Post Office Box 105006 Atlanta, Georgia 30348 404/980-5662 Life Insurance Company of Georgia
250. Davetta C. Johnson 2818 Zane Gray Drive Atlanta, Georgia 30316 404/659-0568 Fulton County Board of Commissioners Georgia Chiropractors Association

251. Cheatham E. Hodges, Jr. Suite 2129, First Atlanta Tower Atlanta, Georgia 30383-3142 404/525-9831 Georgia Catholic Conference Association of Private Colleges & Universities in Georgia Hodges Corporation, The, and its Clients
252. W. Fred Blackmon Post Office Box 4628 Norcross, Georgia 30091 404/441-5415 Eli Lilly & Company
253. William G. Appel 2175 Northlake Parkway, Suite 128 Tucker, Georgia 30084 404/934-3919 Georgia Independent Automobile Dealers Association
254. W. A. (Bill) Hathaway 1067 McConnell Drive Decatur, Georgia 30033 404/634-2811 Georgia Federal/Military Retiree Coalition Georgia Federation of Chapters, Natl. Assn. of Retired Fed. Emp.
255. John Callaway 1727 Toleson Court Dunwoody, Georgia 30338 404/396-9343 Federal Military Retiree Coalition
256. Robert D. Sumner Suite 1750, Lenox Towers 3400 Peachtree Road, N.E. Atlanta, Georgia 30326 404/365-0900 Wimberly, Lawson, & Cobb
257. Barbara B. Taylor 270 Dublin Court Mableton, Georgia 30059 404/944-2364 Georgia Nurse's Association
258. Martha Ford 114 Glenn Street Decatur, Georgia 30030 404/373-3077 Georgia Nurse's Association

MONDAY, JANUARY 23, 1989

167

259. Deborah Bregman 4709 Cedar Park Way Stone Mountain, Georgia 30083 404/296-8589 Georgia Nurse's Association
260. Charles H. Hogan, Jr. 165 Central Avenue, Room 104 Atlanta, Georgia 30335 404/572-2391 Georgia Association of Assessing Officials
261. Anne M. Summer 232 12th Street, N.E., #1 Atlanta, Georgia 30309 404/875-0741 Georgia Rural Health Association
262. Tammy S. Webb Post Office Box 2047 Decatur, Georgia 30031 404/284-4272 Georgia Association of Physician Assistants
263. Jet Toney 41 Marietta Street, Suite 714 Atlanta, Georgia 30303 404/522-8487 Georgia Trial Lawyers Association
264. John W. Cox 3200 Presidential Drive Atlanta, Georgia 30340 404/451-1831 Georgia Association of Realtors Inc.
265. John R. Keys 1007 Virginia Avenue, Suite 305 Atlanta, Georgia 30354 404/763-2453 Building Industry Association of Georgia
266. Robert A. Cucchi 245 Peachtree Center Avenue Suite 2204 Atlanta, Georgia 30303 404/659-0303 Ford Motor Company
267. Peggy Parham 3951 Snapfinger Parkway Decatur, Georgia 30035 404/289-5867 Georgia Association of Educators (GAE)

268. Donald E. Tefft 165 Brickleberry Drive Roswell, Georgia 30075 404/998-2842 First Insurance Network, Inc. Peachtree Casualty Insurance
269. E. Douglas Henson 400 Cleveland Avenue Atlanta, Georgia 30315 404/761-8455 Georgia Dental Association
270. Alethea K. Garnett Post Office Box 105605 Atlanta, Georgia 30348 404/521-4752 Georgia Pacific Corporation
271. William J. Shortt Post Office Box 2537 Gainesville, Georgia 30503 404/532-3591 Johnson & Johnson
272. Ruth F. Claiborne 120 Ralph McGill Boulevard Atlanta, Georgia 30308 404/892-3100 Georgia Council on Child Abuse Planned Parenthood of the Atlanta Area, Inc. Georgia Association of School Psychologists School Social Workers Association of Georgia Girl Scout Councils of Georgia
273. Anne B. Graham 982 Forrest Blvd. Decatur, Georgia 30030 404/288-6467 Georgia Council on Child Abuse Planned Parenthood of Atlanta Area, Inc. Georgia Association of School Psychologists School Social Workers Association of Georgia Girl Scout Council of Georgia
274. Betty M. Layng 1727 Johnson Road, N.E. Atlanta, Georgia 30306 404/875-0041 Residential Services Coalition

168

JOURNAL OF THE SENATE

275. Gary M. Holmes 1270 South Tower, One CNN Center Atlanta, Georgia 30335 404/659-4567 City of Atlanta
276. Bernard R. Thomas 1100 South Tower, One CNN Center Atlanta, Georgia 30335 404/658-1150 City of Atlanta
277. Belinda Callas 5757 High Meadow Drive Norcross, Georgia 30092 404/368-0996 American Massage Therapy Association
278. Judy Yates 1112 Springdale Road Atlanta, Georgia 30306 404/373-2125 Junior League of DeKalb
279. Elizabeth Marsh Martin 1081 Virginia Avenue, N.E. Atlanta, Georgia 30306 404/873-2319 Junior League of DeKalb Co.
280. Lasa Joiner 2711 Irvin Way Decatur, Georgia 30030 404/299-6277 Georgia Library Association Georgia Psychiatric Physicians Association Georgia College of Obstetrics & Gynecology Georgia Society for Respiratory
281. Ellen B. Goody 35 Executive Park Drive, N.E. Suite 3506 Atlanta, Georgia 30329 404/636-7539 Georgia Vocational Association, Inc.
282. Paul L. Howard, Jr. 55 Marietta Street, Suite 1600 Atlanta, Georgia 30303 404/688-4503 Fulton County Government
283. James H. Purcell 501 Cain Tower, Peachtree Center 229 Peachtree Street, N.E. Atlanta, Georgia 30303-1601 404/588-0517 Alliance of American Insurers

284. Allison A. Wood 1199 South CNN Center Atlanta, Georgia 30303 404/688-9341 Ginn, Edington, Moore & Wade
285. Fred Greer, Jr. Post Office Box 4899 Atlanta, Georgia 30302-4899 404/581-4837 Citizens & Southern Corporation
286. R. Larry Brantley 333 Piedmont Avenue Atlanta, Georgia 30302 404/526-6946 Georgia Power Company
287. Kenneth O. Parris Post Office Box 724902 Atlanta, Georgia 30339 404/436-1986 HSN Redi-Med, Inc.
288. G.L. (Roy) Bowen, III 50 Hurt Plaza, Suite 985 Atlanta, Georgia 30303 404/688-0555 Georgia Textile Manufacturers Association, Inc.
289. J. Wendell Brigance 3735 Memorial Drive Decatur, Georgia 30032 404/284-8700 Georgia Health Care Association
290. Nehl Horton Dir. Legislative Affairs 68 Mitchell Street, S.W. Atlanta, Georgia 30335 404/527-7009 City of Atlanta
291. Trip Martin Suite 2075, 950 East Paces Ferry Road Atlanta, Georgia 30326 404/262-7770 Mead Corporation
292. Luvenia Jackson 3951 Snapfinger Parkway Decatur, Georgia 30035 404/289-5867 Georgia Association of Educators (GAE)

MONDAY, JANUARY 23, 1989

169

293. Nevin Jones 3951 Snapfinger Parkway Decatur, Georgia 30035 404/289-5867 Georgia Association of Educators (GAE)
294. Andrew Henry Griffin, Jr. 3951 Snapfinger Parkway Decatur, Georgia 30035 404/289-5867 Georgia Association of Educators (GAE)
295. Douglas Cecil Alexander 1252 West Peachtree Street Suite 302 Atlanta, Georgia 30303 404/876-4969 DCA Communications
296. Vivian L. Tilley 1252 West Peachtree Street Suite 302 Atlanta, Georgia 30303 404/876-4969 DCA Communications
297. Fran Toliver 5901-B Peachtree Dunwoody Rd. Suite 475 Atlanta, Georgia 30328 404/698-0968 Georgia Federation of Teachers AFL-CIO
298. Michele A. Shelton 5901-B Peachtree Dunwoody Suite 475 Atlanta, Georgia 30328 404/698-0968 Georgia Federation of Teachers AFL-CIO
299. Carl M. Toney Post Office Box 2047 Decatur, Georgia 30031 404/284-4272 Georgia Association of Physician Assistants
300. Gayle Sexton 3735 Memorial Drive Decatur, Georgia 30032 404/284-8700 Georgia Health Care Association

301. Terry McHan Post Office Box 704 Pine Lake, Georgia 30072 404/879-0145 Citizen Pro-Family
302. Diane C. Osborne Post Office Box 704 Pine Lake, Georgia 30072 404/879-0145 Citizen Pro-Family
303. Diann C. Wheeler Post Office Box 704 Pine Lake, Georgia 30072 404/879-0145 Pro-Family
304. Patricia M. Wertz Post Office Box 704 Pine Lake, Georgia 30072 404/879-0145 Pro-Family
305. Elaine C. Boyer Post Office Box 704 Pine Lake, Georgia 30072 404/879-0145 Pro-Family
306. Linda O. Christianson 1382 Fama Drive, N.E. Atlanta, Georgia 30329 404/879-0145 Pro-Family
307. Wanda B. Hubbs Post Office Box 704 Pine Lake, Georgia 30072 404/879-0145 Pro-Family
308. David M. Hynes Post Office Box 52656 Atlanta, Georgia 30355 800/282-4042 Stop Parole of Violent Criminals (STOPAR)
309. W. Scott Adair 4696 Oakdale Road Smyrna, Georgia 30080 404/435-9962 R. M. Cash & Sons, Inc.
310. Michael McCay Post Office Box 576 Cleveland, Georgia 30528 404/881-5353 Michael McCay and Associates

170

JOURNAL OF THE SENATE

311. Joseph A. Sports, JSA Inc. 21 Finch Trail Atlanta, Georgia 30308 404/873-3728 Joseph E. Seagram & Sons Inc. Nutrasweet Company, The Pearle Health Services Catrala of Georgia National Vehicle Leasing Association Georgia Rent To Own Dealers Smokeless Tobacco Council, Inc. AFF Chemical Division, Inc.
312. Richard L. Greene 938 Peachtree Street, N.E. Atlanta, Georgia 30309 404/876-7535 Georgia Health Network Medical Association of Georgia MAG Mutual Insurance Company
313. Irene Munn 4301 Memorial Drive, Suite K Decatur, Georgia 30032 404/292-1955 Georgia Sheriffs Association
314. Joe H. McKenzie, Jr. Post Office Box 37 Gordon, Georgia 31031 912/628-7206 Englehard Corporation
315. Thomas E. Salyers 50 Hurt Plaza, Suite 985 Atlanta, Georgia 30306 404/688-0555 Georgia Textile Manufacturers Association
316. G. Bland Byrne 771 Spring Street Atlanta, Georgia 30308 404/888-1757 Citizen Big State Pawn and Bargain Centers, Inc.
317. Berdie R. Harden 250 Georgia Avenue, #363 Atlanta, Georgia 30312 404/523-0896 Georgia Housing Coalition Inc.

318. Robert J. Middleton, Jr. c/o Hurt, Richardson, et al. 999 Peachtree Street, N.E. Atlanta, Georgia 30309 404/870-6478 Municipal Gas Authority of Georgia Municipal Electric Authority of Georgia
319. Patti L. Chandler 20 Lenox Pointe Atlanta, Georgia 30324 404/231-5074 Georgia Pharmaceutical Association
320. M. Shelly Moore 235 Peachtree Street 1600 Gas Light Tower Atlanta, Georgia 30303 404/688-3330 American International Group Anglo-American Insurance Company, Ltd. Financial Life Insurance Company Georgia Health Network Georgia Society of Anesthesiologists Health Insurance Association of America MAG Mutual Insurance Company The Prudential Insurance Company of America Vision Service Plan Voyager Group, Inc.
321. Gregory G. Kergosien 38 Lyme Bay Road Columbia, South Carolina 29212 803/781-5418 Upjohn Company, The
322. Marsha Matson Silverman 6065 Barfield Road, Suite 216 Atlanta, Georgia 30328 404/843-2822 Silverman & Silverman, Political Consultants
323. Willie G. Davis, Jr. 2471 Ozark Trail, S.W. Atlanta, Georgia 30331 404/344-9336 W.G. Davis and Associates
324. Stewart Acuff 501 Pulliam Street, S.W., Suite 535 Atlanta, Georgia 30312 404/523-7884 Georgia State Employees Union, Local 1985

MONDAY, JANUARY 23, 1989

171

325. Phyllis M. Smith 720 Westview Drive Atlanta, Georgia 30310 404/752-1500 Georgia League of Women Voters
326. Neill Herring 257 South Elm Street Jesup, Georgia 31545 912/427-0667 Campaign for a Prosperous Georgia Georgia Association of Railroad Passengers Georgia Chapter Sierra Club Amalgamated Transit Union Local 732
327. Frank M. Deaver Post Office Box 4418 Atlanta, Georgia 30302 404/588-7373 Trust Company Bank
328. Joyce R. Ringer 3613 Norwich Drive Tucker, Georgia 30084 404/938-4238 Citizen
329. Edwin B. Topmiller Post Office Box 9748 2328 Cortez Way Atlanta, Georgia 30319 404/636-7970 Georgia Sport Shooting Association, Inc.
330. Dallas F. Whaley 3580 Yarmouth Hill Lawrenceville, Georgia 30244 404/923-9518 Towing and Recovery Association of Georgia Georgia Professional Towing and Recovery Association
331. Edmund C. Martin RFD 2 Box 242 Gainesville, Georgia 30506 404/887-7941 Georgia School Food Service Association Georgia Association of School Superintendents

332. Martha Pennington 3700 B Market Street Clarkston, Georgia 30021 404/292-7243 Citizens Lobby for Kids Professional Association of Georgia Educators Georgia Congress of Parent-Teacher Association Southern Bicycle League
333. Georgianne Bearden 3700 B Market Street Clarkston, Georgia 31029 404/292-7243 Professional Association of Georgia Educators
334. David R. Williams 50 Hurt Plaza, Suite 1050 Atlanta, Georgia 30303 404/522-1501 Georgia Bankers Association
335. Joe Brannen 50 Hurt Plaza, Suite 1050 Atlanta, Georgia 30303 404/522-1501 Georgia Bankers Association
336. Gayle E. Miller 726 Sycamore Street Decatur, Georgia 30030 404/378-4787 Sierra Club
337. Jim Gray 38 Camden Road NE Atlanta, Georgia 30309 404/352-2576 The Tobacco Institute
338. Linda Coursey Jones 373 Augusta Avenue S.E. Atlanta, Georgia 30315 404/622-0052 Citizen
339. Carol Grant Muldawer Mayor's Office Atlanta, Georgia 30335 404/527-7011 City of Atlanta

172

JOURNAL OF THE SENATE

340. Linda S. Lowe 161 Spring Street Atlanta, Georgia 30303 404/656-6021 Clients of Georgia Legal Services Program Continuum Alliance for Healthy Mothers and Children, Inc.
341. James R. Loyd, Sr. 300 W. Wieuca Road, N.E., Suite 115 Atlanta, Georgia 30342 404/252-6282 Georgia Tire Dealers and Retreaders Association
342. Carl Mason 3790 Brookway Atlanta, Georgia 30331 404/424-2426 International Association of Machinists & Aerospace Workers Local 709
343. H. James Davis Clay Street Marietta, Georgia 30132 404/494-3431 International Association of Machinists & Aerospace Workers, Local 709
344. Deana Womack 3154 Skyview Lane, NE Marietta, Georgia 30066 404/427-3911 International Association of Machinists & Aerospace Workers, Local 709
345. Nell H. Jones "Breely Lodge", Route 3, Box 3140 Clayton, Georgia 30525 404/266-0738 Citizen
346. Christopher Hagin 1597 Hebron Lane Riverdale, Georgia 30296 404/996-2742 Georgia Aids Lobby Metro Business Publications
347. Vicki Bell 955 Concord Road, SE Smyrna, Georgia 30080 404/433-1515 Georgia Dental Hygienists' Association

348. Jean W. Currey 4037 Statewood Road, NE Atlanta, Georgia 30342 404/365-8790 American Association of Retired Persons
349. Earl Shinhoster 970 Martin Luther King Jr. Drive Atlanta, Georgia 30314 404/688-8868 NAACP
350. Fred B. Kitchens, Jr. Suite 414, Six Piedmont Center 3525 Piedmont Road, N.E. Atlanta, Georgia 30305 404/261-4518 Wine & Spirits Wholesalers of Georgia
351. Gary Martin 1597 Phoenix Boulevard #12 Atlanta, Georgia 30349 404/991-3750 Police Benevolent Association of Georgia, Inc.
352. Susan E. Whitney 2844 Jasmine Court Atlanta, Georgia 30345 404/496-0860 League of Women Voters of Georgia
353. Bill W. Gray 11405 Hackett Road Roswell, Georgia 30075 404/993-5148 Chadbrooke Insurance Company Diversified Reader Sales RBN Consultants Limited Georgia Hearing Aid Society City of Roswell
354. L. Jane Miller 160 Clairmont Avenue, Suite 570 Decatur, Georgia 30030 404/377-1040 Georgians for Better Transportation, Inc.
355. Wilma G. Hipps 160 Clairmont Avenue, S-570 Decatur, Georgia 30030 404/377-0140 Georgians for Better Transportation, Inc.

MONDAY, JANUARY 23, 1989

173

356. John E. Rollins 6307 Eaglebrook Avenue Tampa, Florida 33624 813/962-6744 Parley Industries Citicorp Family Guardian Life Insurance
357. George E. Hibbs The State Bar of Georgia 50 Hurt Plaza, 800 Hurt Bldg. Atlanta, Georgia 30303 404/527-8732 State Bar of Georgia
358. Mathew Foster 501 Pulliam St., S.W., Suite 350 Atlanta, Georgia 30312 404/522-0684 Amalgamated Transit Union Local 732
359. Eugene Roberts 501 Pulliam Street, S.W., Suite 350 Atlanta, Georgia 30312 404/522-0684 Amalgamated Transit Union
360. Susan Twilley Post Office Box COBB Marietta, Georgia 30065 404/980-2000 Cobb Chamber of Commerce
361. Jerry Hill 6 Executive Park Atlanta, Georgia 30329 404/634-2065 Amoco Corporation
362. Jim Morrison Post Office Box 1194 Darien, Georgia 31305 912/437-6092 Georgia Game and Fish Federation
363. Gregory B. Paxton 1516 Peachtree Street, NW Atlanta, Georgia 30309 404/881-9980 Georgia Trust for Historic Preservation Georgians for Preservation Action
364. Judith Baird 75 Poplar Street Atlanta, Georgia 30303-2122 404/681-2600 The Aetna Casualty & Surety Company

365. Mark Stephen Daniel 1620 Bass Road Macon, Georgia 31298 912/474-8411 Georgia Farm Bureau Federation
366. Wilton Hill Post Office Box 158 Reidsville, Georgia 30453 912/557-4201 Georgia School Bus Drivers Association, Inc.
367. John T. Mitchell 1400 Coleman Avenue Macon, Georgia 31207 912/744-2776 Mercer University
368. Tim Johnson Route 2, Box 186 Alto, Georgia 30510 404/659-5675 Campaign for a Prosperous Georgia Citizen
369. W. R. Hornsby 750 Glass Street, N.W. Atlanta, Georgia 30318 404/873-6904 Georgia Professional Bail Agents
370. Sharon A. Mobley 2150 Parklake Drive, #160 Atlanta, Georgia 30345 404/934-7650 Georgia Grocers Association
371. Raymond Cecil Taylor Post Office Box 9823 Columbus, Georgia 31908-9823 404/561-5419 Brotherhood of Locomotive Engineers
372. Henry Turner 3065 Hargrove Road Atlanta, Georgia 30339 404/859-8508 US Sprint
373. June Deen 2452 Spring Road Smyrna, Georgia 30080 404/434-8273 American Lung Association of Georgia
374. J. Frank Young Post Office Box 1126 Alpharetta, Georgia 30239-8287 404/475-8287 Young Development Services, Inc.

174

JOURNAL OF THE SENATE

375. Laura Rowell 2000 Powers Ferry Road, Suite 610 Marietta, Georgia 30067 404/951-7950 Southeast Recycling Corporation Southeast Paper Manufacturing Company
376. George B. Elder 2000 Powers Ferry Road, Suite 610 Marietta, Georgia 30067 404/951-7950 Southeast Recycling Corporation Southeast Paper Manufacturing Company
377. William C. Resseau, Jr. Route 1, Box 500 Hillsboro, Georgia 31038 404/468-8718 Brotherhood Maintenance of Way Employees
378. Charlotte Gattis 1000 Circle 75 Parkway, Suite 060 Atlanta, Georgia 30339 404/955-4522 Georgia Manufactured Housing Association
379. Larry G. Landers 1000 Circle 75 Parkway, Suite 060 Atlanta, Georgia 30039 404/955-4522 Georgia Manufactured Housing Association
380. J. David Porter 511 Susan Creek Drive Stone Mountain, Georgia 30083 404/394-4414 Young Democrats of Georgia Young Democrats of America
381. Earl T. Leonard, Jr. Post Office Drawer 1734 Atlanta, Georgia 30301 404/676-2622 Coca-Cola Company, The
382. Connell Stafford Post Office Drawer 1734 Atlanta, Georgia 30301 404/676-2652 Coca-Cola Company, The
383. John Wolfenbarger Post Office Box 247 Macon, Georgia 31213 912/743-2999 City of Macon

384. John P. Silk 1900 Century Blvd., Suite 8 Atlanta, Georgia 30345 404/321-5440 Georgia Telephone Association
385. Sue W. Tharpe 750 Commerce Drive Decatur, Georgia 30030 404/378-8000 DeKalb Chamber of Commerce
386. Thomas G. Cook 1729 Lenox Road, N.E. Atlanta, Georgia 30306 404/875-0766 Georgia Osteopathic Medical Association Georgia Pharmaceutical Association
387. J. Richard Petersen, Jr. 1600 Arch Street Philadelphia, Pennsylvania 19102 215/523-4455 Cigna, Corp.
388. Lansing B. Lee, III Attorney at Law 2550 M Street, N.W. Washington, DC 20037 202/457-6527 Cigna, Corp. Gambrell Investments Patton, Boggs & Blow Attorneys
389. Rosemary Staples 1018 Layfield Court Dunwoody, Georgia 30338 404/393-3167 League of Women Voters of Georgia
390. Amos A. Plante Post Office Box 60626 New Orleans, Louisiana 70160-0626 504/561-3712 Exxon Corporation
391. Louis A. Gerland, III 100 Galleria Parkway, Suite 800 Atlanta, Georgia 30339 404/951-7015 Atlanta Coke
392. Theresa Ann Sipe 537 Lakeshore Dr. Berkley Lake, Georgia 30136-3035 404/447-4731 American College of Nurse-Midwives, Georgia Chapter

MONDAY, JANUARY 23, 1989

175

393. Randall M. Lipshutz 2300 Harris Tower-Peachtree Center, 233 Peachtree St., N.E. Atlanta, Georgia 30043 404/688-2300 Community Association InstituteGeorgia Chapter
394. Lynn Westmoreland 180 Lamberth Lake Drive Fayetteville, Georgia 30214 404/461-9713 Citizen
395. Mark Davis 100 Reston Court Fayetteville, Georgia 30214 404/461-0850 Citizen
396. VOID
397. Ron Rogers 136 Marietta Street, Suite 405 Atlanta, Georgia 30303 404/522-4696 Atlanta NAACP Southeastern Regional NAACP Georgia State NAACP
398. Bob Short 1456 Stratfield Circle Atlanta, Georgia 30319 404/421-3830 Federation of Georgia Hospitals Hospital Corporation of America Bob Short and Associates Coliseum Medical Centers Doctors' Hospital Tucker Fairview Park Hospital Hughston Sports Medicine Hospital HCA Palmyra Medical Centers Parkway Medical Center Redmond Park Hospital West Paces Ferry Hospital Doctors' Hospital Columbus Lanier Park Hospital Worth Community Hospital Emanuel County Hospital Habersham County Medical Center Higgins General Hospital Memorial Medical Center, Inc. Peach County Hospital Tanner Medical Center Upson County Hospital Wayne Memorial Hospital

399. G.W. Tibbetts Post Office Box 1088 Tifton, Georgia 31793 912/382-8950 Georgia Association of Educators
400. Dr. Malcolm Cummings Suite 218 337 South Milledge Avenue Athens, Georgia 30605 404/549-2190 Georgia Association of Christian Schools
401. Julian Hester 1100 Circle 75 Parkway, Suite 720 Atlanta, Georgia 30339 404/984-0918 Community Bankers Association of Georgia
402. Carolyn Brown 1100 Circle 75 Parkway, Suite 720 Atlanta, Georgia 30339 404/984-0918 Community Bankers Association of Georgia
403. Quintel Howell 501 Pulliam Street, Suite 350 Atlanta, Georgia 30312 404/522-0684 Amalgamated Transit Union-Local 732
404. Faye Yager 920 Curlew Court Atlanta, Georgia 30327 404/843-8884 Abused Children, Underground in Hiding Mothers Against Raping Children (MARC) Sex Abused Victims (SAVE) Mothers of Torment, Torture, & Anguish (MOTTA)
405. Victoria H. Karp 1265 Northshore Drive Roswell, Georgia 30076 404/993-2903 Abused Children, Underground Hiding-Abused by Legal System Mothers Against Raping Children (MARC) Sex Abused Victims (SAVE) Mothers of Torment, Torture, & Anguish (MOTTA)

176

JOURNAL OF THE SENATE

406. Jack Acree 3700 B Market Street Clarkston, Georgia 30021 404/292-7243 Professional Association of Georgia Educators
407. Deloris Bryant-Booker 786 Cleveland Avenue, SW Atlanta, Georgia 30315 404/763-8428 Fulton County Board of Education
408. Melissa Metcalfe Director 233 Mitchell Street, S.W. Atlanta, Georgia 30303 404/681-2328 Common Cause of Georgia
409. R.H. Williams Post Office Box 150 Jacksonville, Florida 32201 904/353-3611 Jefferson Smurfit Corp. Container Corp. of America
410. F. Abit Massey Post Office Box 763 Gainesville, Georgia 30503 404/532-0473 Georgia Poultry Federation
411. Kathy T. Chaffm 1075 Spring Street, N.W. Atlanta, Georgia 30309 404/872-2467 Georgia Press Association
412. Chip R.B. Spradley 3093 Dove Way Decatur, Georgia 30033 404/296-9526 Georgians Against Smoking Pollution
413. Mike Wingo 235 Peachtree Street Atlanta, Georgia 30302 404/584-3843 Atlanta Gas Light Company
414. Charlotte Wilen 1252 West Peachtree Street, N.W., Suite 311 Atlanta, Georgia 30309 404/873-1993 Continuum Alliance for Healthy Mothers and Children, Inc.

415. Ember Uziel 8615 Barnwell Road Alpharetta, Georgia 30201 404/642-4000 Georgia Conservancy
416. Tracy Williamson 4036 E. Ponce de Leon Avenue Clarkston, Georgia 30021 404/296-6116 Sierra Club Trout Unlimited
417. Bryce Holcomb 848 Broad Street, S.W., Suite 105 Gainesville, Georgia 30501 404/534-2935 Georgia Soft Drink Association
418. Bruce E. Widener 1847 C-Peeler Road Dunwoody, Georgia 30338 404/393-8625 Printing Industry Association of Georgia Yancey Brothers Company Georgia Equipment Distributors Georgia Utility Contractors Association Conditioned Air Association of Georgia Georgia Drillers Association Georgia Lions Eye Bank-Emory United Engineering
419. Ed McGill 920 Green Street Conyers, Georgia 30207 404/922-6555 Georgia Alcohol Dealers Association, Inc.
420. Lucy C. Willis, RNC 1377 Oakleigh Drive East Point, Georgia 30344 404/761-7771 Georgia Nurses Association Georgia Association of Occupational Health Nurses
421. Geneva R. Freeman 100 Edgewood Avenue Atlanta, Georgia 30303 404/881-VOTE League of Women Voters of Georgia

MONDAY, JANUARY 23, 1989

177

422. Robin Riedel

431. John A. Blackmon

m

318 Pleasantdale Crossing Doraville, Georgia 30340

2400 First Atlanta Tower Atlanta, Georgia 30383

404/939-3257

404/656-1800

Family Concerns, Inc.

Parley Industries

Charles G. Bartenfield

423. Chris B. Chronister

Citicorp and its Affiliates

710 W. Pike Street

Georgia Hospitality and Travel

Stone Mountain, Georgia 30083

Association

404/995-4545

Atlanta Convention and Visitors

Family Concerns, Inc.

Bureau

Georgia Automobile Dealers

424. Lewis E. Peeples

Association

161 Spring Street, NW, #640 Atlanta, Georgia 30303 404/523-4102 American Federation of State, Co. & Municipal Employees

432. Monty Veazey Post Office Box 1572 Tifton, Georgia 31793 912/386-8660 Consulting Engineers

425. Anita M. Patterson 161 Spring Street, Suite 640 Atlanta, Georgia 30303

Frito Lay Georgia Not for Profit Hospitals, Inc.
3M Company

404/523-4102

433. Kathy Lach

American Federation of State, Co. &

3951 Snapfinger Parkway

i

Municipal Employees

Decatur, Georgia 30035 404/289-5867

426. Jane Ray Taylor

Georgia Association of Educators

148 Rendant Avenue Savannah, Georgia 31419 912/925-6406 Family Concerns, Inc.

434. Linda G. Edmonds Post Office Box 36313 Decatur, Georgia 30032 404/296-3130

427. Sara M. Edwards

Georgia Optometric Association

1 Lemon Lane, NE Atlanta, Georgia 30307 404/377-0511

435. Paul Angelo Vogt 892 Highland View, N.E. Atlanta, Georgia 30306

Family Concerns, Inc.

404/876-8747

The Georgia Conservancy

428. Edward W. LeBaron, Jr.

35 Broad Street, llth Floor Atlanta, Georgia 30335 404/572-6622

436. Wayne L. Bryan 1100 Spring Street Atlanta, Georgia 30367

Not for Profit Hospital Association of Georgia

404/875-7171 American Automobile Association

429. Kathryn M. Usrey 620 Amberidge Trail Atlanta, Georgia 30328 404/252-8121 Family Concerns, Inc.
430. Darlina J. Morris 2404-F Dunwoody Crossing Atlanta, Georgia 30338 404/455-8812 Family Concerns, Inc.

437. Linda Gail Womack Post Office Box 1349 Tucker, Georgia 30085-1349 404/496-7935 Oglethorpe Power Corporation
438. Teresa Nelson 800 The Hurt Building 50 Hurt Plaza Atlanta, Georgia 30303 404/527-8733 State Bar of Georgia

178

JOURNAL OF THE SENATE

439. Ellen A. Rhoades 3016 Lanier Drive Atlanta, Georgia 30319 404/237-6141 Auditory Education Center
440. Joan R. Cates 100 Edgewood Avenue, N.E. Suite 1604 Atlanta, Georgia 30345 404/688-9300 Planned Parenthood of the Atlanta Area
441. Bill Griffin 3015 Piedmont Rd. NE Atlanta, Georgia 30305 404/231-4292 Georgia Beer Wholesalers Association
442. Tony Hightower Law Offices, Suite 200 3169 Holcomb Bridge Road Norcross, Georgia 30071 404/985-2446 Georgia Lottery Association
443. Kathryn Egan Stout 110 North Mill Road Atlanta, Georgia 30328 404/252-6074 Citizen
444. Tavia McCuean 4725 Peachtree Corners Circle Suite 395 Norcross, Georgia 30092 404/263-9225 The Nature Conservancy
445. Jane Weest 374 Maynard Terrace Atlanta, Georgia 30001 404/373-5778 Plumbers and Pipefitters Local Union 72
446. Gary Blalack 1413 Wildwood Court Franklin, Tennessee 37064 615/790-6927 Glaxo, Inc.
447. Marion A. Suitt Route 9, Box 680 Boone, North Carolina 28607 704/264-2649 Glaxo, Inc.

448. George Ann Hoffman 797 San Miguel Drive Stone Mountain, Georgia 30083 404/469-1082 Georgia Federation of Women's Clubs
449. R. Rudolph Underwood Post Office Box 7068 Macon, Georgia 31298 912/474-8411 Georgia Farm Bureau
450. J. Emmett Henderson 2930 Flowers Road South Suite 102 Atlanta, Georgia 30341 404/451-9361 Georgia Council on Moral and Civic Concerns, Inc.
451. Robert R. King 600 West Peachtree Street, N.W., Suite 1500 Atlanta, Georgia 30308 404/873-4482 Georgia Hospitality Travel Association
452. Bill Verner 151 Ellis Street, Suite 422 Atlanta, Georgia 30303 404/659-4300 Georgia Electric Membership Corporation
453. Vicki Trifiro 201 Washington Street Atlanta, Georgia 30303 404/588-9868 Public Assistance Coalition
454. Mrs. Johnnie Forgay 4220 Klondike Road Lithonia, Georgia 30038 404/982-1923 Georgia Nurses Association
455. Gayle Viehman 970 Buckingham Circle Atlanta, Georgia 30327 404/237-9382 Friends of Zoo Atlanta
456. Elaine S. Rubin 66A 12th Street Atlanta, Georgia 30309 404/881-0311 Georgia Association for Marriage and Family Therapy

MONDAY, JANUARY 23, 1989

179

457. Jerri Bonner 2801 Buford Highway, #393 Atlanta, Georgia 30329 404/636-1108 Georgia Association for Marriage and Family Therapy

467. David 0. Eldridge 825 Moores Mill Road Atlanta, Georgia 30327 404/261-7794 The Georgia Conservancy

458. Jack W. Hatcher Post Office Box 10 Ringgold, Georgia 30736 404/935-2241 Salem Carpet Mills, Inc. Carpet and Rug Institute

459. Barbara F. Work 2630 Braffington Court Dunwoody, Georgia 30350 404/395-6725 Sandy Springs Committee

460. Connie Weber 3629 Summerford Way Marietta, Georgia 30062 404/892-1800 The Georgia Conservancy

;*''!

461. Arthur B. Seymour

:"':;.'>

1600 First Federal Building

Atlanta, Georgia 30303-2867

404/522-4466

The Georgia Conservancy

462. William R. Carlyon 640 Weatherly Lane, N.W. Atlanta, Georgia 30328 404/252-5134 The Georgia Conservancy

468. Robert P. Constantine, Jr. 235 Peachtree Street, N.E. Suite 1600 Atlanta, Georgia 30303 404/688-3330 Anglo-American Insurance Company, Ltd. Georgia Health Network Georgia Society of Anesthesiologists Ga. Alliance of Design Professors The Prudential Insurance Company of America Voyager Group, Inc. Health Insurance Association of America MAG Mutual Insurance Company Financial Life Insurance Company of Georgia Vision Service Plan American International Group
469. Joe T. Wood Post Office Drawer 1058 Gainesville, Georgia 30503 404/536-0161 Medical Association of Georgia The Georgia State Association of Life Underwriters, Inc.

463. Gilbert H. Gidley 2914 Rockingham Drive Atlanta, Georgia 30327 404/355-8763 The Georgia Conservancy
464. J. Robert Benton 7179 Jonesboro Road, Suite 200 Morrow, Georgia 30260 404/968-0485 Wine Institute
465. Connie I. Graves 1362 W. Peachtree Street, N.E. Atlanta, Georgia 30309 404/876-4624 Georgia Nurses Association
466. Gil C. Robison Suite 900, 230 Peachtree Street, N.W. Atlanta, Georgia 30303 404/525-1139 Georgia Aids Legislative Coalition

470. Carroll Ann Lindseth Suite 1010 100 Edgewood Avenue, N.E. Atlanta, Georgia 30305 404/522-8683 League of Women Voters of Georgia
471. James L. Cherry 625 Reds Circle Lilburn, Georgia 30247 404/921-5822 National Center for Handicapped Rights, Inc.
472. Sylvia Cherry 625 Reds Circle Lilburn, Georgia 30247 404/921-5822 National Center for Handicapped Rights, Inc.

180

JOURNAL OF THE SENATE

473. Bonnie R. Brunn 1177 Rennes Court, NE Atlanta, Georgia 30319 404/252-0006 League of Women Voters-DeKalb County
474. Bob Margolin 4544 Leonora Drive Tucker, Georgia 30084 404/938-0725 Syntex Laboratories, Inc.
475. VOID
476. James Welsh 786 Cleveland Avenue Atlanta, Georgia 30315 404/766-7888 Fulton County Board of Education
477. Brenda Dicristina 17 Heards Overlook Court Atlanta, Georgia 30328 404/953-8822 Atlanta Junior League
478. Gerald W. Bowling 1400 Peachtree Place Tower 999 Peachtree Street, N.E. Atlanta, Georgia 30309-3999 404/870-6482 Municipal Gas Authority of Georgia, The Municipal Electric Authority of Georgia
479. Gay Colyer 946 Winall Down Road Atlanta, Georgia 30319 404/231-4105 Junior League of Atlanta
480. Joseph J. Kelly Post Office Box 4582 Atlanta, Georgia 30302 404/320-3754 Texaco Lubricants Company Texaco Inc. Texaco USA Star Enterprise
481. Ernest Wright 528 Mundys Mill Road Jonesboro, Georgia 30236 404/477-6966 Citizen

482. Keith A. Meador 1800 Peachtree Street Suite 355 Atlanta, Georgia 30309 404/351-0388 Southeast Toyota Distributors, Inc. Motorcycle Industry Council, Inc. JM Life Insurance Company World Omni Finance Corporation Smith, Barney Harris Upham Microtel Northside Hospital Democratic Party of Georgia United Properties Allied Construction Corporation
483. Thomas M. Boiler Post Office Box 8733 Atlanta, Georgia 30306 404/872-0335 Rollins Research and Development, Inc. Georgia Appraisers Coalition Magistrate Judges Association State Bar of Georgia Standard Oil of Ohio
484. Larry D. Lloyd 6666 Powers Ferry Road, Suite 366 Atlanta, Georgia 30339 404/953-9383 Health Field Group, Inc., The
485. Gerald N. Brunson 4940 Windhaven Court Atlanta, Georgia 30338 404/396-6193 Merck Sharp & Dohme
486. Jeanine Perkins 230 Peachtree Street Suite 1900 Atlanta, Georgia 30303 404/688-2600 American Council of Life Insurers American Insurance Association
487. D. Gordon Draves 3093 Dove Way Decatur, Georgia 30033 404/296-9526 Georgians Against Smoking Pollution (GASP)
488. Edward R. Vickrey Post Office Box 130 Ringgold, Georgia 30736 404/935-2297 Catoosa Education Association

MONDAY, JANUARY 23, 1989

181

489. Lee R. Sims Post Office Box 130 Ringgold, Georgia 30736 404/935-2297 Catoosa County Schools Citizen
490. James R. Newman 346-125 Perimeter Center West Atlanta, Georgia 30346 404/391-4545 Southern Bell
491. James L. Mynes 2218 6th Avenue, S.E. Post Office Box 1513 (Mail) Decatur, Alabama 35602 205/353-3137 ITT Consumer Financial Corporation
492. Charles H. Battle, Jr. 2500 Trust Company Tower Atlanta, Georgia 30303 404/572-4651 King & Spalding
493. George Busbee 2500 Trust Company Tower Atlanta, Georgia 30303 404/572-4865 King & Spalding
494. Archie Burnham 5829 Little Mountain Drive Ellenwood, Georgia 30049 404/987-0490 The Georgia Safety Council
495. Margo T. Smith 250 Georgia Avenue, Suite 344 Atlanta, Georgia 30312 404/524-3847 Georgia Network Against Domestic Violence
496. Paula L. Jameson 691 Roxboro Trace Lawrenceville, Georgia 30244 404/851-7043 Georgia Nurses Association
497. Ms. Edith A. Eberhart 3905 McGill Drive Decatur, Georgia 30034 404/987-9663 Georgia Women's Political Caucus
498. Pamela W. Lightsey 2700 Pebblewood Drive Valdosta, Georgia 31602 912/244-4942 Georgians for Victims' Justice

499. Dr. Louise B. Duncan 1362 West Peachtree Street Atlanta, Georgia 30309 404/876-4624 Georgia Nurses Association
500. Marion F. Hale 1876 Niskey Lake Tr., SW Atlanta, Georgia 30331 404/344-4498 Georgia Nurses Association
501. Stephen Hyles 927 3rd Avenue Columbus, Georgia 31902 404/324-0882 Georgia Private School Association
502. Donald R. Wagner 346 Kramer Street Carrollton, Georgia 30117 404/834-1955 American Association of University Professors
503. Ronald L. Cain Post Office Box 159 Perry, Georgia 31069 912/987-5215 United Steelworkers of American Local 7731
504. Dan McCranie 105 Brown Drive Warner Robins, Georgia 31093 912/953-3716 United Steelworkers of American Local 7731
505. Sue Ellen Cross Lea 159 Ralph McGill Boulevard, NE, Suite 506 Atlanta, Georgia 30308 404/523-8767 Greater Atlanta Council of Senior Citizens
506. Tom Deardorff 8 Piedmont Center, Suite 555 Atlanta, Georgia 30303 404/261-0831 Citizen
507. Mrs. Narvis S. Grier 136 Marietta Street, Suite 405 Atlanta, Georgia 30303 404/522-4696 NAACP, Atlanta Branch, State Chapter, Regional Office

182

JOURNAL OF THE SENATE

508. Ski Bashinski 3009 Rainbow Drive, Suite 123 Decatur, Georgia 30034 404/241-4095 Georgia Funeral Directors Association Georgia Automatic Merchandising Council Surveying and Mapping Society of Georgia Greater Atlanta Fabricare Association Georgia Cemetery Association Georgia Pest Control Association

516. Kay Y. Young 161 Spring Street, N.W., 5th Floor Atlanta, Georgia 30303 404/656-6021 Georgia Legal Services Program Atlanta Legal Aid Society, Inc.
517. Michael Groover 8257 Winston Way Jonesboro, Georgia 30236 404/471-7923 Citizen

509. Sally C. Whitney 290 Interstate N., #130 Atlanta, Georgia 30339 404/952-9154 Georgia Nurses Association

518. Herbert H. Mabry 501 Pulliam Street, S.W., Suite 549 Atlanta, Georgia 30312 404/525-2793 Georgia AFL-CIO

510. Jerry McCollum 1936 Iris Drive, Suite G Conyers, Georgia 30207 404/929-3350 Georgia Wildlife Federation

519. Diane Burgoon 8615 Barnwell Road Alpharetta, Georgia 30201 404/642-4000 The Georgia Conservancy

511. Glenn K. Reeves 1936 Iris Drive, Suite G Conyers, Georgia 30207 404/929-3350 Georgia Wildlife Federation
512. Eugene L. McCord 680 Thornton Way Lithia Springs, Georgia 30057-9998 404/948-4919 Applied Environmental Testing Laboratories, Inc. (AETL)
513. Al King 1819 Kanawha Trail Stone Mountain, Georgia 30087 404/934-6955 A&H Asbestos Removal, Inc.
514. Yusuf Jamal Ali 680 Thornton Way, Suite 202 Lithia Springs, Georgia 30057 404/948-3638 A&H Asbestos Removal, Inc.
515. George P. Dillard Suite 1700, 999 Peachtree Street, NE Atlanta, Georgia 30309 404/870-4900 Dillard, Greer, Westmoreland & Wilson

520. Deborah (Debbie) Simonds-Thurston Berkmar High School 405 Pleasant Hill Road, N.W. Lilburn, Georgia 30247 404/921-3636 Georgia Association of Educators (GAE)
521. Ron Kazmirski 1362 West Peachtree Street, NW Atlanta, Georgia 30309 404/876-4624 Georgia Nurses Association
522. William A. Travis 1444 Dallas Circle Marietta, Georgia 30064 404/424-0769 McNeil Pharmaceutical
523. Helen P. Smith Post Office Box 2309 Savannah, Georgia 31404 912/944-4863 Georgians for Victim Justice, Inc.
524. Rita Valenti 610 Northern Avenue, Apt. F-301 Clarkston, Georgia 30021 404/876-4624 Georgia Nurses Association

MONDAY, JANUARY 23, 1989

183

525. James W. Strong 3607 Roxboro Road, N.E. Atlanta, Georgia 30326 404/237-7261 Fulton County Grand Jurors Association Citizen
526. Frank Barron Thorpe Post Office Box 7776 Macon, Georgia 31209 912/474-1096 Georgia Association of Convenience Stores Georgia Wholesale Grocers Association
527. Guy E. Wood 132 Mitchell Avenue, SW Atlanta, Georgia 30349 404/572-2625 Georgia Association of Assessing Officials
528. Donald T. Browne 2 Peachtree Street, ML 525 Atlanta, Georgia 30383 404/332-5009 First National Bank of Atlanta First Atlanta Corporation First Wachovia Corporation
529. Horace White 3979 Springleaf Drive Stone Mountain, Georgia 30083 404/297-0760 Moni-Pac
530. Lita Sue Menkin Post Office Box 2034 Atlanta, Georgia 30301 404/524-5811 League of Women Voters of Georgia Silver Haired Legislature Clients of Senior Citizens Advocacy Project
531. Timothy L. Ashmore Post Office Box 1200 Columbus, Georgia 31902 404/327-1566 Columbus Chamber of Commerce
532. William J. White 3760 LaVista Road Tucker, Georgia 30084 404/634-0406 Committee of One Million Gate City Guard

533. Chattman Johnson, Jr. 10 Park Place South, Suite 305 Atlanta, Georgia 30303 404/572-2429 Fulton County Johnson Management Group
534. Nancy P. Schulz 1362 West Peachtree Street Atlanta, Georgia 30309 404/876-4624 Georgia Nurses Association
535. Kathy Lee Mitchell RR1, Box 200 Jarrell Plantation Road Juliette, Georgia 31046 912/986-5230 Georgia Nurses Association Citizen
536. Judy C. Bradley 3700 B Market Street Post Office Box 636 Clarkston, Georgia 30021 404/292-7243 Professional Association of Georgia Educators
537. Donnie R. Swain Metter High School Vertia Street Metter, Georgia 30439 912/685-2134 Professional Association of Georgia Educators (P.A.G.E.)
538. Jere A. Ridgway 111 Smith Street Hartwell, Georgia 30643 404/376-8916 American Association of Retired Persons (AARP)
539. Margie Pitts Hames 2671 Rivers Road Atlanta, Georgia 30305 404/266-8451 Ambulatory Surgical Centers
540. Ann W. Rose 1104 Wedgewood Way Dunwoody, Georgia 30350 404/993-0772 Midtown Hospital
541. Lynn L. White 920 Green Street Conyers, Georgia 30207 404/483-2408 Georgia Child Care Association

184

JOURNAL OF THE SENATE

542. Brian Johnstone 133 Peachtree Street, Suite 3300 Atlanta, Georgia 30303 404/525-1034 AT&T & Affiliated Companies
543. Karen Lowman 5099 Whited Way Lilburn, Georgia 30247 404/921-1745 Georgia Nurses Association
544. William (Bill) Renouf 2175 Parklake Drive, Suite 450 Atlanta, Georgia 30345 404/493-8003 Associates Corporation of North America
545. H. Sidney Linton 1640 Powers Ferry Road Building 18, Suite 320 Atlanta, Georgia 30067 404/955-7515 GTE South
546. Lisa Johnsa Gwinnett Justice Admin. Center 75 Langley Drive Lawrenceville, Georgia 30518 404/822-7302 Citizen
547. VOID
548. Teresa E. Wise 75 Langley Drive Lawrenceville, Georgia 30245 404/822-8270 Citizen
549. Bob Keen 1600 Gaslight Tower 235 Peachtree Street Atlanta, Georgia 30303 404/688-3330 American International Group Anglo-American Insurance Company, Ltd. Georgia Society of Anesthesiologists MAG Mutual Insurance Company The Prudential Insurance Company of America Voyager Group, Inc. Health Insurance Association of America VSP of the Southeast Inc. Financial Life Insurance Company of Georgia Georgia Health Networks

550. Ray Jones 400 Perimeter Center Terrace, NE, Suite 400 Atlanta, Georgia 30346 404/668-6239 MCI Telecommunications Corporation
551. Joe W. Andrews, Jr. Post Office Box 801 Macon, Georgia 31202 912/743-8612 Registered Agent Georgia Dairy Products Association Georgia Industrial Loan Association Cole National Corporation Georgia Association of Superior Court Clerks Georgia Tax Officials Association
552. VOID
553. Kelvin F. MacDonald 8270 Dawn Drive Jonesboro, Georgia 30236 404/454-7612 Georgia Right to Life Committee Inc.
554. William B. Hollberg 1800 Peachtree Road, NW, Suite 520 Atlanta, Georgia 30309 404/351-0003 Alliance for Parents & Families Georgia Voters Alliance
555. Kyle Smith Post Office Box 130 Ringgold, Georgia 30736 404/935-2297 Catoosa County Schools Citizen
556. Margaret S. York Post Office Box 2692 100 Edgewood Avenue, NE Atlanta, Georgia 30371 404/527-7252 United Way of Metro Atlanta
557. James D. Engstrom 100 Edgewood Avenue Post Office Box 2692 Atlanta, Georgia 30371 404/527-7363 United Way of Metro Atlanta United Way of Georgia

MONDAY, JANUARY 23, 1989

185

558. Gary C. Humphrey 2935 Moreland Avenue Conley, Georgia 30027 404/363-0808 Towing & Recovery Association of Georgia
559. Dr. Fred M. Bell Post Office Box 550-468 Atlanta, Georgia 30355 404/355-2922 Citizen
560. James Hoffer Post Office Box 281 Dawsonville, Georgia 30534 404/864-9041 Georgia Federation of Teachers
561. James M. Griffith Box 4545 Atlanta, Georgia 30302 404/526-6907 Georgia Power Company

562. Calvin Alexander Ramsey Post Office Box 56725 Atlanta, Georgia 30343 404/264-4459 Citizen
563. Frank F. Molock Glover Street Marietta, Georgia 30060 404/427-9401 CWA Metro Retirees
564. Sylvia M. Sultenfuss 1457 South Ponce de Leon Avenue, NE Atlanta, Georgia 30307 404/373-7201 Georgia Nurses Association
565. Charles W. Greenlea 2440 Barge Road, SW Atlanta, Georgia 30331 404/349-8569 NAACP

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334
January 20, 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 Regular Session as of 3:00 p.m. on January 20, 1989. The list is numbered 566 through 708.
Most sincerely,
/a/ Max Cleland
Attachment
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 persons numbered 566 through 708, who have registered in the Docket of Legislative Appearance as of January 20, 1989, 3:00 p.m. in accordance with Georgia Law 1970, p. 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 20th day of January, in the year of our

186

JOURNAL OF THE SENATE

Lord One Thousand Nine Hundred and Eighty-Nine and of the Independence of the United States of America the Two Hundred and Thirteenth

(SEAL)

HI Max Cleland Secretary of State

566. Ronald W. Hogan 748 Robinson Farms Drive Marietta, Georgia 30068 404/859-0800 Waste Management, Inc. Waste Management of North America, Inc. Chemical Waste Management, Inc.
567. Betty Sloop 3242 Betty Circle Decatur, Georgia 30032 404/289-3993 Georgia Supporters for the Gifted
568. Joe A. Cannon Route 5 Blakely, Georgia 31723 912/723-5650 American Association of Retired Persons (AARP)
569. Richard J. Ingram Floyd County Board of Education 171 Riverside Parkway, NE Rome, Georgia 30161 404/234-1031 Citizen Professional Association of Georgia Educators
570. Dean G. Auten 6122 Altama Avenue Brunswick, Georgia 31520 912/264-3326 Agents Action Committee, Inc.
571. R. Eugene Ragan Post Office Box 4102 Columbus, Georgia 31904 404/323-9521
Agents Action Committee, Inc.
572. James J. Chokos Post Office Box 14616 Savannah, Georgia 31416 912/352-8248 Agents Action Committee, Inc.

574. Harry L. Werner Locust Grove Elementary School 1727 Griffin Road Locust Grove, Georgia 30248 404/957-5416 Professional Association of Georgia Educators
575- Steve Jones Post Office Box 1041 Dahlonega, Georgia 30533 404/865-6325 Professional Association of Georgia Educators
576. Madolyn H. Schewe Post Office Box 431 Gray, Georgia 31032 404/986-9958 Professional Association of Georgia Educators
577 Deborah F. Touchton 304 East Clinton Street Gray, Georgia 31032 404/986-4682 Professional Association of Georgia Educators
578. James F. Touchton, Jr. 304 East Clinton Street Gray, Georgia 31032 404/986-4682 Professional Association of Georgia Educators
579- Charles H. Green 149 Loumae Road Griffin, Georgia 30223 404/229-3700 Citizen Professional Association of Georgia Educators

573. Dixie H. Dukes 2010 Steele Road Griffin, Georgia 30223 404/228-7724 Professional Association of Georgia Educators

580. Mrs. Ann Howell Post Office Box 16 Buena Vista, Georgia 31803 912/649-2145 Professional Association of Georgia Educators

MONDAY, JANUARY 23, 1989

187

581. Faye Wells Marion City Elementary School Post Office Box 16 Buena Vista, Georgia 31803 912/649-2145 Professional Association of Georgia Educators
582. Mildred Blackburn Evans Middle School Evans, Georgia 30809 404/863-2275 Professional Association of Georgia Educators
583. Judy D. Lovell Post Office Box 61 Cleveland, Georgia 30528 404/865-2731 Professional Association of Georgia Educators
584. Patsy House Central Elementary School McRae, Georgia 31055 912/868-7484 Professional Association of Georgia Educators
585. Dr. Janie Smallwood 1105 E. College Street Bainbridge, Georgia 31717 912/246-7523 Professional Association of Georgia Educators Georgia Association of Curriculum & Instructional Supervision Georgia Association of Educational Leaders
586. Charlie L. Roberts, Jr. Arnold Junior High School 2011 51st Street Columbus, Georgia 31904 404/327-5155 Professional Association of Georgia Educators
587. Martin C. Petersen Post Office Box 878 St. Marys, Georgia 31558 912/882-4241 Oilman Paper Company

588. D. Jason Bourne Post Office Box 001-1989 Atlanta, Georgia 30335-1989 404/286-2007 Citizen Committee to Elect the Next Governor 1990 Committee to Elect the Next Mayor of Atlanta 1989
589. Wylene V. Hayes 143 Meadow Drive Forsyth, Georgia 31029 912/994-9396 Professional Association of Georgia Educators
590. Marie C. Webb Post Office Box 336 Smarr, Georgia 31086 912/994-9714 Professional Association of Georgia Educators
591. Palmira Braswell 3016 Paige Drive Macon, Georgia 31211 912/745-3247 Professional Association of Georgia Educators
592. Sherri G. Wells 8 Peachtree Battle Avenue, NW Atlanta, Georgia 30305 404/350-2150 Professional Association of Georgia Educators
593. Susan Dalton 4803 Floyd Road Mableton, Georgia 30080 404/941-0366 Professional Association of Georgia Educators
594. Janice M. Shelnutt 2415-C N. Druid Hills Road, NE Atlanta, Georgia 30329 404/325-3011 Professional Association of Georgia Educators Georgia Library Media Association Georgia Pest Control Association
595. Peggy 0. Compton 4803 Floyd Road Mableton, Georgia 30059 404/941-0366 Professional Association of Georgia Educators

188

JOURNAL OF THE SENATE

596. John Sides 160 Mclntosh Street Newnan, Georgia 30263 404/253-1310 Professional Association of Georgia Educators
597. Jane Thomas 2989 Evans Woods Drive Atlanta, Georgia 30340 404/939-2484 Professional Association of Georgia Educators
598. Marie P. Mitchell 715 McLendon Street Ashburn, Georgia 31714 912/567-2387 Professional Association of Georgia Educators
599. Florence S. Flanders 1796 Briarlake Circle Decatur, Georgia 30033 404/325-4252 Professional Association of Georgia Educators
600. Carol Williams Hatfield 2038 Surrey Lane Jonesboro, Georgia 30236 404/471-2289 Georgia Federation of Women's Club
601. Raquel Romero-Hussey Ridgeview Middle School 5340 Trimble Road Atlanta, Georgia 30342 404/843-7710 Professional Association of Georgia Educators
602. Paul C. Reviere Lincoln Co. Elementary School Post Office Box 549 Lincolnton, Georgia 30817 404/359-3449 Professional Association of Georgia Educators
603. Dennis P. Tipton Route 7, Box 97A Baxley, Georgia 31513 912/367-8610 Professional Association of Georgia Educators

604. Manson W. Steuart 786 Cleveland Avenue Atlanta, Georgia 30315 404/768-3600 Professional Association of Georgia Educators League of Independent Fulton Educators
605. Alien Gossett East Rome High School 1401 Turner McCall Blvd. Rome, Georgia 30161 404/295-7400 Georgia Industrial Technology Educators Association Georgia Vocational Association Professional Association of Georgia Educators
606. Harry A. Whitley Ridgeview Middle School 5340 Trimble Road Atlanta, Georgia 30342 404/843-7710 Professional Association of Georgia Educators League of Independent Fulton Educators
607. Rod Chatham 786 Cleveland Avenue, S.W. Atlanta, Georgia 30315 404/964-3344 Professional Association of Georgia Educators League of Independent Fulton Educators
608. Holmes Cunningham 8 Logwood Lane Newnan, Georgia 30265 404/253-9543 Professional Association of Georgia Educators
609. Joseph John Rogers Post Office Box 1496 Augusta, Georgia 30903 404/796-4100 Procter & Gamble Manufacturing Company
610. Charles C. Cox 102 Olde Towne Drive Statesboro, Georgia 30458 912/842-2131 Professional Association of Georgia Educators

MONDAY, JANUARY 23, 1989

189

611. Sherry H. Mosely 552 Glen Cove Drive Macon, Georgia 31210 912/477-3997 Professional Association of Georgia Educators
612. Victoria P. Goon 7508 Kiwi Lane Macon, Georgia 31206-7244 912/788-0551 Professional Association of Georgia Educators
613. Wanda R. Hulett 3298 O'Hara Drive South Macon, Georgia 31206 912/788-4587 Professional Association of Georgia Educators
614. Helen M. Menefee 136 Marietta Street, SW Atlanta, Georgia 30303 404/521-3731 Georgia Environmental Project
615. Randal Morris Post Office Box 128 Savannah, Georgia 31401 912/233-9604 Savannah Port Authority
616. Dane C. Ward Chattanooga Valley Elementary Route 1, Chattanooga Valley Road Flintstone, Georgia 30725 404/820-2511 Professional Association of Georgia Educators
617. Peggy Stewart 1308 Highland Avenue Dublin, Georgia 31021 912/272-5289 Professional Association of Georgia Educators
618. Thomas Perry Stewart 1308 Highland Avenue Dublin, Georgia 31021 912/272-5289 Professional Association of Georgia Educators
619. Myra Elizabeth Torain 694 Peeples Street Atlanta, Georgia 30310 404/753-5893 Citizen

620. Teicher LaLanne Harden 1469 B. Gloria Street Griffin, Georgia 30223 404/229-9824 Professional Association of Georgia Educators
621. Linda Sue Rogers Eastman Elementary 701 College Street Eastman, Georgia 31023 912/374-3241 Professional Association of Georgia Educators Georgia Library Media Association
622. Greg Hunt 1512 Greet Street Cordele, Georgia 31015 912/273-1926 Professional Association of Georgia Educators
623. William Greenhaw 3593 Overlook Avenue Macon, Georgia 31204 912/474-2212 Professional Association of Georgia Educators
624. Mrs. Kathy D. Ward Dodge Elementary School Route 6, Box 332 Eastman, Georgia 31023 912/374-3914 Professional Association of Georgia Educators
625. Mary S. Cook Box 318 Wrightsville, Georgia 31096 912/864-3375 Professional Association of Georgia Educators Federated Garden Clubs of Georgia
626. Hazel Bennett Dodge Elementary School Eastman, Georgia 31023 912/374-3914 Professional Association of Georgia Educators
627. Mrs. Helen Clements Dodge Elementary School Box 332 Eastman, Georgia 31023 912/374-3914 Professional Association of Georgia Educators

190

JOURNAL OF THE SENATE

628. Bobby Riley 1550 Boulevard Drive, NE Atlanta, Georgia 30317 404/371-4854 Professional Association of Georgia Educators
629. Jeffrey P. Clifton 450 Grady Avenue Fayetteville, Georgia 30214 404/461-8186 Professional Association of Georgia Educators Citizen
630. Dorothy Henderson 990 Shurling Drive Macon, Georgia 31211 912/742-7870 Professional Association of Georgia Educators
631. Nancy W. Hathaway 4090 Napier Avenue Macon, Georgia 31204 912/477-5108 Professional Association of Georgia Educators
632. Alecia L. Crumbley 4090 Napier Avenue Macon, Georgia 31204 912/477-5108 Professional Association of Georgia Educators
633. Gary D. Vetter 8062 Eisenhower Parkway Lizella, Georgia 31052 912/935-2214 Professional Association of Georgia Educators
634. Robert C. Hunt 2849 Paces Ferry Road, #770 Atlanta, Georgia 30339 404/434-3473 Miller Brewing Company
635. Mary Anne Evans 511 Brookwood Drive Eastman, Georgia 31023 912/374-3078 Professional Association of Georgia Educators Dodge Professional Educators

636. Faye T. Hamilton 1105 5th Avenue Eastman, Georgia 31023 912/374-3914 Professional Association of Georgia Educators Dodge Professional Educators
637. Susan E. Dean 303 Sheldon Street Eastman, Georgia 31023 912/374-3914 Professional Association of Georgia Educators Dodge Professional Educators
638. Frances Edge Box 86 Chester, Georgia 31012 912/374-3914 Professional Association of Georgia Educators Dodge Professional Educators
639. Dr. Tommy R. Lee 101 College Street Post Office Box 177 Homerville, Georgia 31634 912/487-5321 Professional Association of Georgia Educators
640. Joseph B. Boland South Atlanta Road Smyrna, Georgia 30030 404/432-4166 Professional Association of Georgia Educators
641. Anthony Guisasola Route 5, Box 199 G Ellijay, Georgia 30540 404/273-3715 Professional Association of Georgia Educators
642. Roy C. Hartley 140 South Mclntosh Street Elberton, Georgia 30635 404/283-6191 Professional Association of Georgia Educators
643. Elizabeth R. Loftin 186 Braelinn Court Peachtree City, Georgia 30269 404/487-0443 Professional Association of Georgia Educators

MONDAY, JANUARY 23, 1989

191

644. Ernest E. Burch

652. William M. Bates

Box 128

161 Spring Street, N.W.,

Cedartown, Georgia 30125

Suite 810

I

404/748-3821

Atlanta, Georgia 30303

Professional Association of Georgia

404/588-1707

Educators

Bates Associates

Polk School District

Morehouse School of Medicine

645. VOID

Interstate Paper Corporation Grady Memorial Hospital

646. D. H. (Jack) Brewer

Dehart and Darr

4363 North Ocoee Street Cleveland, Tennessee 37312

653. Holly Bates 161 Spring Street, Suite 812

615/336-4005 Olin Corporation

Atlanta, Georgia 30303 404/588-1707

647. Robert D. Clark 8595 Dunwoody Place Atlanta, Georgia 30350 404/998-6862 Southern Net, Inc.

Grady Hospital Interstate Paper Corporation Dehart and Darr Morehouse School of Medicine Bates Associates

Citizen

654. Dr. Clyde F. Maxwell

648. William B. Wood 2400 First Atlanta Tower Atlanta, Georgia 30383 404/656-1867 Atlanta Convention & Visitors

Route 2, Comer Road Lexington, Georgia 30648 404/743-8194 Professional Association of Georgia Educators

Bureau

655. Lewis Monroe Nix

Georgia Hospitality & Travel Bureau

650 Pine Forest Drive

Georgia Automobile Dealers

Athens, Georgia 30606

Association

404/353-1909

Chadwick Road Landfill, Inc.

Professional Association of Georgia

A.E. Staley Co.

Educators

Parley Industries, Inc.

Citizen

Citicorp

Columbia Bank for Cooperatives

656. C. Scott Bradbary

2360 West Broad Street,

649. Betty S. Leathers

Apt. H-4

2690 Lawrenceville Highway

Athens, Georgia 30606

Decatur, Georgia 30033

404/353-0668

404/493-7213

Professional Association of Georgia

Agents Action Committee, Inc.

Educators

State Farm National Association

Citizen

650. John H. Smallwood 3746 Chamblee Tucker Road Atlanta, Georgia 30341 404/491-3134 Georgia Nationwide Insurance Independent Contractors Association Agents Action Committee, Inc.
651. Coy R. Johnson 112 North Main Street Gumming, Georgia 30130 404/887-7761 Lipscomb, Johnson, Miles & Ashway

657. Gregory Michael Brown 3101 Cedarcreek Parkway Decatur, Georgia 30033 404/294-6705 State Bar of Georgia
658. Melvin T. Steely West Georgia College, History Department Carrollton, Georgia 30118 404/836-6508 American Association of University Professors

192

JOURNAL OF THE SENATE

659. Helga Nehl 59 Old Rome Road Kingston, Georgia 30145 404/336-5521 Association of Eclectic Physicians Informed Health Care Association of Georgia, Inc. Citizen
660. Hinson McAuliffe 55 Silverwood Road, N.E. Atlanta, Georgia 30342 404/255-0680 Georgia Council on Moral and Civic Concerns, Inc. Georgia Baptist Convention
661. John R. Reineke 5810 Ashridge Court Stone Mountain, Georgia 30087 404/923-3698 Waste Management, Inc.
662. Jim Kittrell 1590 Marietta Boulevard, N.W. Atlanta, Georgia 30318 404/350-5227 CSX Transportation
663. Ted H. Meredith Post Office Box 2447 Mobile, Alabama 36652 205/456-9060 Scott Paper Company
664. Quinton S. King 843 Dalrymple Road Terrace Suite Atlanta, Georgia 30328 404/392-0770 Georgia Association of Realtors
665. William W. Holland 100 Edgewood Avenue, #502 Atlanta, Georgia 30303 404/527-7175 Residential Services Coalition Mental Health Assoc. Georgia
666. Laura Jean Meadows Post Office Box 7068 Macon, Georgia 31210 912/474-8411 Georgia Farm Bureau Federation
667. Denise Kennedy 1730 Rhode Island Avenue, #1000 Washington, DC 20036 202/659-4613 National Solid Wastes Management Association

668. Herb Reese 3277 Roswell Road, N.E., Suite 127 Atlanta, Georgia 30305 404/255-2576 Northside Atlanta Progress Buckhead Business Association Fulton County Economic Advisory Board Buckhead Investment Properties ARC Development Advisory Board Voters for Better Government
669. J.R. "Jake" Cullens Box 326 Cartersville, Georgia 30120 404/382-2613 First American Bank Cheatau Elan, Ltd. Viking Distillery Glenmore Distilleries Company State Bar of Georgia Georgia Horse Foundation Etowah Vineyards Atlanta Casualty Company Jones & Granger Barton Brands, Ltd. Habersham Vineyards International Barrier Corp.
670. Norma P. Yucel 3104 Lynnray Drive, N.E. Atlanta, Georgia 30340 404/491-6091 Physical Therapy Association of Georgia
671. Mildred Walton 1176 Oakcrest Drive Atlanta, Georgia 30311 404/696-0001 Georgia Association of Elementary School Principals
672. Harold E. Bryant Post Office Box 7368 Columbus, Georgia 31908 404/649-3153 Blue Cross and Blue Shield of Georgia Inc.
673. Ave Bransford 6100 Lake Forrest Drive Suite 210 Atlanta, Georgia 30328 404/255-1788 Georgia Dietetic Association

MONDAY, JANUARY 23, 1989

193

674. Freda T. McDonald 210 Farmbrook Parkway Stockbridge, Georgia 30281 404/389-0622 Citizen
675. Douglas H. Smith 8442 Willows Terrace Riverdale, Georgia 30274 404/473-7252 Citizen
676. Joseph C. Barto 3229 Barkside Court Chamblee, Georgia 30341 404/457-2102 Georgia Retired Officers Association Georgia Federal Military Coalition
677. Ted Brodek NABET 15 Post Office Box 1711 Decatur, Georgia 30031 404/373-3106 Nat'1 Assoc. of Broadcast Employees & Technicians (AFL-CIO)
678. Tom Tortorici 1443D Willow Lake Drive Atlanta, Georgia 30329 404/634-3295 Georgia Abortion Rights Action League
679. Edward V. Deaton 6 Adams Park Court Columbus, Georgia 31909 404/322-3639 American Association of Retired Persons Muscogee Retired Cafeteria Mgrs.
680. Richard H. Barbe 2537 Lake Flair Circle Atlanta, Georgia 30345 404/633-1139 Citizen
681. David Brian Dillard 2604 Country Park Drive Atlanta, Georgia 30080 404/433-0109 Citizen National Funeral Directors Association

682. Edward D. Anderson 421 Sterling Street, NE Atlanta, Georgia 30307 404/522-5453 The World of Wonderment, Inc. Citizen
683. Linda P. Farmer 1275 Bank Street, SE Smyrna, Georgia 30080 404/433-9877 Citizen National Firearms Association
684. Daniel P. Starnes 100 Edgewood Avenue, Suite 1008 Atlanta, Georgia 30303 404/527-7565 Council for Children, Inc.
685. J. Brian Munroe 1050 Connecticut Avenue Washington, DC 20036 202/223-1975 HLR Service Corporation
686. Robert H. Forry 1400 Candler Building Atlanta, Georgia 30043 404/658-8042 Troutman, Sanders, Lockerman & Ashmore
687. Charles H. Hamblen 2564 Lake Flair Circle Atlanta, Georgia 30345 404/633-0122 Georgia Retired Teachers Association Citizen
688. Beth Laxton 3150 Howell Mill Road, N.W. Atlanta, Georgia 30327 404/351-8410 Alzheimers Association Georgia Association of Homes and Services for the Aging
689. Deborah Beards 3150 Howell Mill Road, N.W. Atlanta, Georgia 30327 404/351-8410 Alzheimers Association Georgia Association of Homes and Services for the Aging

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690. Ed Holcombe Post Office Box 4545 (333/23) Atlanta, Georgia 30302 404/526-6929 Georgia Power Company
691. Joyce Brown Brown Enterprises 582 Blake Avenue, SE Atlanta, Georgia 30316 404/627-8895 Senior Citizens
692. P.J. Russell 507 Woodlawn Drive Marietta, Georgia 30067 404/971-4366 Georgia Limousine Assoc. Executive Town & Country Serv.
693. Mary Staples Post Office Box 660634 Dallas, Texas 75266 214/353-2125 Frito-Lay, Inc.
694. William J. Morgan 3356 Northhaven Road Dallas, Texas 75229 214/352-6718 Frito-Lay, Inc.
695. Fred A. Kuglin 9115 Twelvestone Drive Roswell, Georgia 30076 404/642-6374 60 NR Committee Frito-Lay, Inc.
696. Lyn D. Paddrik 3015 Piedmont Road Atlanta, Georgia 30305 404/231-4292 Georgia Beer Wholesalers Association
697. Cynthia Porter Brown 400 King Road Atlanta, Georgia 30342 404/237-9931 Junior League of Atlanta
698. Francis D. Mangieri 5905 Polo Drive Cumming, Georgia 30130 404/889-1555 CIBA-Geigy Pharmaceutical
699. Zelma M. Harrison 3002 Buford Highway, NE Atlanta, Georgia 30329 404/728-0378 Citizen

700. Camellia A. Moore 827 Pryor Street Atlanta, Georgia 30302 404/688-1002 Alternate Life Path Program, Inc.
701. David C. Weaver Post Office Box 2563 Birmingham, Alabama 35202 205/325-3518 SONAT, Inc.
702. Kevin S. King 3100 Breckinridge Boulevard, Building 1200 Duluth, Georgia 30136 404/564-6184 A. L. Williams & Associates, Inc. The A. L. Williams Corporation
703. Warren N. Loar, III 2238 Pinecliff Drive Atlanta, Georgia 30345 404/934-2248 American Association of Retired Persons (AARP)
704. Calder F. Pinkston 4601 Hawkinsville Road Post Office Box 929 Macon, Georgia 31202 912/784-1700 Bibb Distributing Company
705. J. David Nickles 4360 Northeast Expressway Doraville, Georgia 30340 404/448-6666 Pfizer, Inc.
706. Lauren C. Steele One Coca-Cola Plaza Atlanta, Georgia 30301 404/676-2510 Coca-Cola Company, The
707. William R. Goodell 2500 Trust Company Tower Atlanta, Georgia 30303 404/572-3341 West Point Pepperell, Inc. Georgia-Pacific Corporation John H. Harland Company King & Spalding
708. Donna McLarin 151 Ellis Street, Suite 422 Atlanta, Georgia 30303 404/659-3430 Georgia Electric Membership Corporation

MONDAY, JANUARY 23, 1989

195

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
January 13, 1989
Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, Georgia 30334
Dear Max:
Enclosed find certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Steve Reynolds was elected as a member of the State Transportation Board from the Ninth Congressional District. He will serve for a term beginning April 16, 1989, and expiring April 15, 1994. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board.
With best regards, I am
Sincerely yours,
/a/ Sewell R. Brumby Legislative Counsel

The General Assembly Atlanta

TO:

Honorable Max Cleland

Secretary of State

This is to certify that Honorable Steve Reynolds, Gwinnett County, has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board, as a member of the State Transportation Board from the Ninth Congressional Dis trict for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1989, and expiring April 15, 1994.

This 13th day of January, 1989.

/s/ Zell Miller President of the Senate

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

The General Assembly Atlanta
January 13, 1989
Honorable Zell Miller Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Miller:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 12, 1989, at 2:00 P.M., in the Senate Chamber, State Capitol, at which caucus Honorable Steve Reynolds was

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JOURNAL OP THE SENATE

elected as a member of the State Transportation Board from the Ninth Congressional Dis trict to serve a term beginning April 16, 1989, and expiring April 15, 1994.
Respectfully submitted,
Is/ Philip A. Foster Representative, 6th District Chairman Ninth Congressional District Caucus
/s/ Mary Jeanette Jamieson Representative, llth District Secretary Ninth Congressional District Caucus

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
January 13, 1989
Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Max:
Enclosed find certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable James L. Lester was elected as a member of the State Transportation Board from the Tenth Congressional District. He will serve for a term beginning April 16, 1989, and expiring April 15, 1994. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transporta tion Board.
With best regards, I am
Sincerely yours,
/s/ Sewell R. Brumby Legislative Counsel

The General Assembly Atlanta

TO:

Honorable Max Cleland

Secretary of State

This is to certify that Honorable James L. Lester, Richmond County, has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board, as a member of the State Transportation Board from the Tenth Congressional Dis trict for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1989, and expiring April 15, 1994.

This 13th day of January, 1989.

/s/ Zell Miller President of the Senate

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

MONDAY, JANUARY 23, 1989

197

The General Assembly Atlanta
January 13, 1989
Honorable Zell Miller Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Miller:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 12, 1989, at 3:00 P.M., in the Senate Chamber, State Capitol, at which caucus Honorable James L. Lester was elected as a member of the State Transportation Board from the Tenth Congressional District to serve a term beginning April 16, 1989, and expiring April 15, 1994.
Respectfully submitted,
/a/ Frank E. Stancil Representative, 66th District Chairman Tenth Congressional District Caucus
Is/ Karen 0. Irwin Representative, 13th District Secretary Tenth Congressional District Caucus

Senator Timmons of the llth moved that the following bill of the Senate be withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Retirement:

SB 73. By Senator Timmons of the llth:
A bill to amend Chapter 15 of Title 47 of the Official Code of Georgia Annotated, relating to superior court reporters emeritus, so as to provide for the office of senior superior court reporter and the office of senior state court reporter; to provide for salaries of such offices and for the payment of such salaries.

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

Those voting in the affirmative were Senators:

Albert Barnes Bowen Brannon roun PCo,lyeman Dawkins j)eaj Echols Engram Foster

Howard Johnson Kidd Langford McKenzie Olmstead
Parker Peevy Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Stumbaugh Tate
Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Allgood Baldwin

Barker Burton

Collins Dean

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JOURNAL OF THE SENATE

Edge Fincher Fuller Garner

Gillis Hammill Harris Huggins

Kennedy Land Ray Starr

Those not voting were Senators:

Coverdell English

Newbill

Shumake

On the motion, the yeas were 34, nays 18; the motion prevailed, and SB 73 was with drawn from the Senate Committee on Judiciary and committed to the Senate Committee on Retirement.

SENATE CALENDAR Monday, January 23, 1989 SIXTH LEGISLATIVE DAY SB 37 Public Official Recall Act--enact (Substitute) (Amendments) (Gov Op--48th) Pursuant to Senate Rule 143, final passage of the bill was suspended. SB 38 Georgia Service Center for Hearing Impaired Persons--establish (Hum R--42nd)

The following general bill of the Senate, having been read the third time on January 13, and final action suspended until today, pursuant to Senate Rule 143, was put upon its passage:

SB 37. By Senators Peevy of the 48th, Dawkins of the 45th, Dean of the 31st and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to enact the "Recall Act of 1989"; to provide for the recall of any public official on the grounds that such official has, while holding any public of fice, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her current office and adversely affects the rights and interests of the public.

The substitute to SB 37 offered by Senators Peevy of the 48th, Dean of the 31st, Kidd of the 25th and others, as it appears in the Journal of January 13, was automatically recon sidered and put upon its adoption.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun

Burton Clay Coleman Collins Coverdell Deal Dean Echols

Edge Engram Fincher Foster Fuller Garner Gillis Hammill

MONDAY, JANUARY 23, 1989

199

Harris Howard Huggins
K>ehnnnseodn,y Kidd Land
Langford McKenzie Newbill

Olmstead Parker Peevy
PPhfi^llyips Pollard Ragan of 10th
Ragan of 32nd Ray Scott of 2nd

Scott of 36th Shumake gtarr
TStum, baugh ,iaylor Timmons
Turner Tysinger Walker

Those not voting were Senators:

Dawkins

English

Tate

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

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

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

SB 38. By Senators Howard of the 42nd, Johnson of the 47th and Starr of the 44th:
A bill to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions regarding handicapped persons, so as to provide for a definition; to provide for the establishment of the Georgia Service Center for Hearing Impaired Persons and the services to be provided by that center.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land 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 Taylor Timmons Turner Tysinger Walker

Not voting were Senators English and Tate.

On the passage of the bill, the yeas were 54, nays 0.

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JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.
Serving as doctor of the day today was Dr. Mark Hutto of Atlanta, Georgia.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 10:50 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

TUESDAY, JANUARY 24, 1989

201

Senate Chamber, Atlanta, Georgia Tuesday, January 24, 1989 Seventh Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Muggins 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 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 29. By Representative Alien of the 127th: A bill to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to provide for the offense of reck less abandonment of a child; to provide for the elements of such offense.
HB 100. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th: A bill to amend Code Section 40-2-70 of the Official Code of Georgia Annotated, relating to the design of disabled veterans license plates, so as to authorize the commissioner to provide for the design of such plates.
HB 131. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that no license plate or revalidation decal shall be issued for a rebuilt or salvage vehicle unless such vehicle has been inspected and found in compliance with the law; to repeal Code Section 48-10-3.1 of the Official Code of Georgia Annotated, relating to the issuance of temporary registration permits.
HB 99. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to clarify when a notice of cancellation shall be sent to the Department of Public Safety; to provide for certain information to be included on notices of cancellation sent to the department.
HB 107. By Representatives Oliver of the 53rd and Martin of the 26th: A bill to amend Article 5 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the Executive Probate Judges Council of Georgia, so as to provide that three members from the state at large be elected by the probate

202

JOURNAL OF THE SENATE

judges at the annual spring business meeting of The Council of Probate Court Judges of Georgia.
HB 111. By Representatives Oliver of the 53rd and Smyre of the 92nd:
A bill to amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felony acts, definitions, and restrictive custody disposition, so as to provide that time spent by a juvenile in secure detention prior to such juvenile's transfer to a youth development center will be counted toward the con finement period issued by the court order.
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 24. By Senator Newbill of the 56th:
A resolution commending Roswell Presbyterian Church.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 142. By Senators Turner of the 8th, Bowen of the 13th and Ragan of the 10th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a fourth judge of the superior court of the Southern Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge. Referred to Committee on Judiciary.
SB 143. By Senator Ray of the 19th:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to membership in and transfer of service credit to the Teachers Retire ment System of Georgia, so as to change the provisions relating to the transfer of service credit and membership from the Employees' Retirement System of Geor gia to the Teachers Retirement System of Georgia. Referred to Committee on Retirement.
SB 144. By Senator Barnes of the 33rd:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to authorize local boards of education to establish pools of voluntarily contributed employee sick leave days; to provide for the use of such days; to provide for practices, proce dures, and requirements relative to the foregoing. Referred to Committee on Education.
SB 145. By Senator Barnes of the 33rd:
A bill to amend Code Section 9-13-142 of the Official Code of Georgia Annotated, relating to selection of journals and newspapers as official county organs, so as to direct the judge of the probate court of each county to notify the Secretary of State of the name and mailing address of the journal or newspaper serving as the official organ of the county. Referred to Committee on Special Judiciary.

TUESDAY, JANUARY 24, 1989

203

SB 146. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to revise the provisions relating to forfeitures; to provide for forfeitures; to provide for that which is subject to forfeiture; to provide for seizure of property subject to forfeiture; to provide for custody of property which has been seized.
Referred to Committee on Special Judiciary.
SB 147. By Senator Barnes of the 33rd:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to authorize local boards of education to establish sick leave banks or pools of voluntarily contrib uted employee sick leave days; to provide for contributions; to provide for the use of such days; to provide for practices, procedures, and requirements relative to the foregoing.
Referred to Committee on Education.
SB 148. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for the regulation of dealers and suppliers of multiline heavy equipment; to define certain terms; to regulate the cancellation and renewal of agreements between dealers and suppliers; to provide for notice of intent to amend or cancel an agreement.
Referred to Committee on Industry and Labor.
SB 149. By Senators Bowen of the 13th, Timmons of the llth, Ragan of the 10th and others:
A bill to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Department of Corrections over certain misde meanor offenders and designation of place of confinement for persons convicted of misdemeanors or felonies, so as to change the provisions relating to the trans fer of an inmate to the custody of the Department of Corrections.
Referred to Committee on Corrections.
SB 150. By Senators Turner of the 8th, McKenzie of the 14th and Coleman of the 1st:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to authorize regulations of the Department of Banking and Finance relative to subsidiaries and affiliates of financial institu tions, competition with others providing financial services, and unfair or decep tive business practices; to provide for additional operational powers of banks and trust companies.
Referred to Committee on Banking and Finance.
SB 151. By Senators Turner of the 8th, McKenzie of the 14th and Coleman of the 1st:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for initial filings with the Department of Banking and Finance instead of the Secretary of State in order to facilitate perfection of the filings between the department and the filing party; to provide the procedures connected therewith.
Referred to Committee on Banking and Finance.

204

JOURNAL OF THE SENATE

SB 152. By Senators Kennedy of the 4th, Coleman of the 1st and Ray of the 19th:
A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to restrict membership and creditable service based on employment or services for which membership and credit are sought under the Peace Officers' Annuity and Benefit Fund; to change the provisions relating to leaves of absence and withdrawals from the fund. Referred to Committee on Retirement.
SB 153. By Senators Barker of the 18th and Newbill of the 56th:
A bill to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of criminal proceedings, so as to provide for the taking of testimony of certain children in criminal proceedings in which a person is charged with a violation of Code Section 16-5-70, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5, or 16-6-5.1; to provide for practices and procedures. Referred to Committee on Children and Youth.
SB 154. By Senator Shumake of the 39th:
A bill to amend Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to appointment of city and county housing authority commissioners, so as to provide that in any city having a population of 140,000 or more and in any county having a population of 290,000 or more, the members of the General As sembly whose districts are located wholly or partially within any such city or county may elect to appoint such commissioners. Referred to Committee on Urban and County Affairs (General).
SB 155. By Senator Shumake of the 39th:
A bill to provide that the Fulton County governing authority provide rodent in spection and control services to residential units upon request without charge; to provide that all citizens have equal access to rat poison and other rodent control substances and devices without regard to whether they rent or own their dwelling places; to provide for definitions. Referred to Committee on Urban and County Affairs.
SB 156. By Senator Shumake of the 39th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for consumer protec tion against excessive fuel charges in automobile rental agreements; to provide for a penalty. Referred to Committee on Consumer Affairs.
SB 157. By Senator Dawkins of the 45th:
A bill to amend Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to rivers and river basins, so as to provide for the protection of water supplies within watersheds; to provide for a short title; to provide for definitions; to provide for statements of findings and intent; to provide for the identification of streams and other water bodies from which communities obtain or will obtain water supplies. Referred to Committee on Natural Resources.
SB 158. By Senator Dawkins of the 45th:
A bill to amend Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions applicable to public retirement systems of Georgia,

TUESDAY, JANUARY 24, 1989

205

|}|

so as to create the Joint Management Committee of the Employees' Retirement

ipj;

System of Georgia and the Teachers Retirement System of Georgia; to provide

?55

for the composition of said committee and for its functions.

:

Referred to Committee on Retirement.

SB 159. By Senator Kidd of the 25th:

'-

A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to

courts, so as to change the provisions relating to increases in salary based on

:

longevity in office with respect to the clerks of the superior courts, judges of the

probate courts, and sheriffs; to amend Code Section 48-5-183, relating to salaries

of tax collectors and tax commissioners, so as to change the provisions relating to

increases in salary.

Referred to Committee on Governmental Operations.

SB 160. By Senator Kidd of the 25th:

A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated,

known as the "Act Creating the Superior Court Judges Retirement System," so

as to change the provisions relating to spouses benefits coverage; to provide that

when a member is divorced from the member's spouse, the member's spouse may

seek a qualified domestic relations order to attach the member's retirement bene-

;

fits and spouses benefits.

'.;

Referred to Committee on Retirement.

V;*;

K? SB 161. By Senator Kidd of the 25th:

."";'

A bill to place the coroner of Baldwin County on an annual salary; to provide for

the payment of such salary; to provide that fees, costs, commissions, allowances,

moneys, and other emoluments and perquisites shall become the property of the

":

county; to provide for the payment of such fees and allowances to the county; to

require the coroner to submit a budget to the governing authority of Baldwin

County.

Referred to Committee on Urban and County Affairs.

SB 162. By Senator Kennedy of the 4th:
A bill to amend Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to retirement benefits payable under the Georgia Firemen's Pension Fund, so as to increase retirement benefits payable to persons who have retired or who shall retire under such Code section; to amend Code Section 47-7-102 of the Official Code of Georgia Annotated, relating to disability retirement benefits payable under the Georgia Firemen's Pension Fund.
Referred to Committee on Retirement.

'.; SR 30. By Senators Kidd of the 25th and Dawkins of the 45th:

A resolution proposing an amendment to the Constitution so as to provide that

the General Assembly may by law provide for a state lottery, the proceeds from

which shall be used for expenses in support of public education; to provide for

the regulation of the state lottery; to prohibit other lotteries; to provide for the

/"Y

submission of this amendment for ratification or rejection.

'?&

Referred to Committee on Governmental Operations.

*'
y SR 35. By Senator Engrain of the 34th:

.''>'.

A resolution designating the "Joel Cowan Parkway".

Referred to Committee on Transportation.

206

JOURNAL OF THE SENATE

SR 36. By Senator Engrain of the 34th:
A resolution designating the "Floy Farr Parkway". Referred to Committee on Transportation.
SR 37. By Senators Howard of the 42nd, Gillis of the 20th and Deal of the 49th:
A resolution proposing an amendment to the Constitution so as to provide that the State Board of Pardons and Paroles shall not parole any person who has been convicted of a felony if such person has not served at least one-third of the sentence imposed by the court for such felony and if the General Assembly has provided by law that any person convicted of such felony must serve at least onethird of the sentence before becoming eligible for parole; to provide for submis sion of this amendment for ratification or rejection. Referred to Committee on Judiciary.
The following bills of the House were read the first time and referred to committees:
HB 29. By Representative Alien of the 127th:
A bill to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to provide for the offense of reck less abandonment of a child; to provide for the elements of such offense. Referred to Committee on Children and Youth.
HB 99. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to clarify when a notice of cancellation shall be sent to the Department of Public Safety; to provide for certain information to be included on notices of cancellation sent to the department. Referred to Committee on Public Safety.
HB 100. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Code Section 40-2-70 of the Official Code of Georgia Annotated, relating to the design of disabled veterans license plates, so as to authorize the commissioner to provide for the design of such plates. Referred to Committee on Defense and Veterans Affairs.
HB 107. By Representatives Oliver of the 53rd and Martin of the 26th:
A bill to amend Article 5 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the Executive Probate Judges Council of Georgia, so as to provide that three members from the state at large be elected by the probate judges at the annual spring business meeting of The Council of Probate Court Judges of Georgia. Referred to Committee on Judiciary.
HB 111. By Representatives Oliver of the 53rd and Smyre of the 92nd:
A bill to amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felony acts, definitions, and restrictive custody disposition, so as to provide that time spent by a juvenile in secure detention prior to such juvenile's transfer to a youth development center will be counted toward the con finement period issued by the court order. Referred to Committee on Children and Youth.

TUESDAY, JANUARY 24, 1989

207

HB 131. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that no license plate or revalidation decal shall be issued for a rebuilt or salvage vehicle unless such vehicle has been inspected and found in compliance with the law; to repeal Code Section 48-10-3.1 of the Official Code of Georgia Annotated, relating to the issuance of temporary registration permits.
Referred to Committee on Transportation.

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

Mr. President:

The Committee on Agriculture has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 116. Do pass. SB 117. Do pass as amended.
Respectfully submitted,
Senator English of the 21st District, Chairman

Mr. President:

The Committee on Appropriations has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 98. Do pass.
Respectfully submitted,
Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Economic Development and Tourism has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 82. Do pass.
Respectfully submitted,
Senator Broun of the 46th District, Chairman

Mr. President:

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

SB 30. Do pass. SB 31. Do pass.

SB 32. Do pass as amended. SB 49. Do pass as amended.

Respectfully submitted,

Senator Stumbaugh of the 55th District, Chairman

208

JOURNAL OF THE SENATE

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations:
SB 19. Do pass. SB 20. Do pass.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

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

SB 27. Do pass.

SB 86. Do pass.

SB 59. Do pass.

SB 88. Do pass by substitute.

SB 83. Do pass.

SB 105. Do pass.

SB 84. Do pass.

SB 106. Do pass as amended.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 118. Do pass. SB 122. Do pass. SR 12. Do pass.
Respectfully submitted,
Senator Bowen of the 13th District, Chairman

Mr, President:

The Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 25. Do pass. SB 85. Do pass. SB 102. Do pass.
Respectfully submitted,
Senator Peevy of the 48th District, Chairman

Mr. President:

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

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209

HB 31. Do pass. HB 41. Do pass.

Respectfully submitted, Senator Harris of the 27th District, Chairman

The following bill of the Senate was read the second time:

SB 1. By Senator Foster of the 50th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Mountain Protection Act"; to provide a system of regulation of and permitting for land-disturbing ac tivities in certain mountain areas of the state; to define terms; to state legislative findings and legislative intent; to direct local governments to prepare and adopt land use plans and ordinances.

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

Albert Allgood Baldwin Barker
Barnes Bowen Brannon
roun TM Coleman Collins Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller
Garner Gillis Hammill
Harris Howard Jhnsn Kennedy Kidd Land 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

Not answering was Senator Huggins.

Senator Kennedy of the 4th introduced the chaplain of the day, The Most Reverend Eugene A. Marino, Archbishop of the Catholic Archdiocese of Atlanta, Atlanta, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 33. By Senator Bowen of the 13th:
A resolution recognizing the Slosheye Trail Big Pig Jig as the state's greatest barbecue cooking contest.

SR 34. By Senators Bowen of the 13th, Ragan of the 10th, Parker of the 15th and others;
A resolution commending the firefighters of Georgia on their Seventeenth Annual Firemen's Recognition Day.

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SR 38. By Senator Walker of the 43rd:
A resolution commending the Glenwood Hills Athletic Association's 85-pound Panthers football team.

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

SENATE LOCAL CONSENT CALENDAR
Tuesday, January 24, 1989
SEVENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 31 Timmons, llth Parker, 15th Chattahoochee County
Amends an Act creating the Board of Commissioners of Chattahoochee County, so as to change the provisions relating to the compensation of the chairman and members of the board.

HB 41 Perry, 7th City of Waycross, Ware County
Amends an Act providing and establishing a new charter for the City of Waycross, so as to provide for the office of mayor.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon
Burton CCloalyeman
Collins Coverdell Dawkins Deal Dean Echols

Edge English Engram Foster Fuller Garner Gillis
amml11 Harris HHuogwgairnds
Johnson Kennedy Kidd
Langford
Newbill Olmstead

Parker Peevy Perry Phillips Pollard j^ay Scott of 36th
Shumake
Stumb, augh
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Fincher Land

McKenzie Ragan of 10th

Ragan of 32nd Scott of 2nd

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211

On the passage of all the local bills, the yeas were 50, nays 0.

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

SENATE CALENDAR Tuesday, January 24, 1989 SEVENTH LEGISLATIVE DAY SB 5 Election--filing petition to contest (Gov Op--25th) SB 8 Absentee Ballot--who may apply for person living out of county (Gov Op--25th) SB 42 Municipal Elections--recount provisions (Gov Op--25th) SB 53 Vehicle, Semi-trailer Length--increase (Trans--1st)

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

SB 5. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-524 of the Official Code of Georgia Annotated, relating to filing and allegations of petition to contest a primary or election, so as to change the provisions relating to the time for filing a petition.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Foster Fuller Garner Gillis Hammill Harris Howard Huggins 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

Not voting were Senators Fincher and Land.

On the passage of the bill, the yeas were 54, nays 0.

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

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SB 8. By Senator Kidd of the 25th: A bill to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting in elections generally, so as to provide that a grandchild, son-in-law, or daughter-in-law may make application for an absentee ballot on behalf of an elector residing temporarily out of the county or a physically disabled elector residing within the county.
Senator Kidd of the 25th offered the following amendment:
Amend SB 8 on page 1, line 6, by deleting the word "country" and inserting in lieu thereof the word "county".
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins 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

Not voting was Senator Land.

On the passage of the bill, the yeas were 55, nays 0.

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

Senator Collins of the 17th introduced Roscoe "Rocky" Deal, who was commended by SR 18, adopted previously.

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213

The following resolution of the Senate was read and adopted:

SR 29. By Senator McKenzie of the 14th: A resolution commending Georgia Citizens for the Arts.

Senator McKenzie of the 14th introduced a group of people with Georgia Citizens for the Arts.

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

SB 42. By Senator Kidd of the 25th:
A bill to amend Article 12 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to returns in municipal elections, so as to provide for a re count of the votes upon the petition of any candidate or political party or upon the motion of the superintendent; to provide procedures with respect to such recount in precincts where paper ballots or vote recorders have been used.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes
Bowen Brannon B foun
urton pCo,lyeman Collins Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller
Garner Gillis Hammill
Harris Howard Huggms Kennedy Kidd Land Langford 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

Those not voting were Senators:

Allgood Johnson

McKenzie

Walker

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

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

Senator Perry of the 7th moved that the following bill of the House, a local bill passed previously today, be immediately transmitted to the House:

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HB 41. By Representative Dixon of the 151st:
A bill to amend an Act providing and establishing a new charter for the City of Waycross, so as to provide for the office of mayor.

On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 41 was immedi ately transmitted to the House.

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

SB 53. By Senators Coleman of the 1st, Kennedy of the 4th, Dean of the 31st and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length limitations for vehicles and loads, so as to increase the maxi mum overall length of vehicles and semi-trailers authorized; to provide limita tions; to provide a definition.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun
Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker

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

On the passage of the bill, the yeas were 56, nays 0.

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

Senator Fincher of the 54th moved that SB 53 be immediately transmitted to the House.

On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 53 was immedi ately transmitted to the House.

TUESDAY, JANUARY 24, 1989

215

The following resolutions of the Senate were read and adopted:
SR 31. By Senator Allgood of the 22nd: A resolution commending Dr. Francis J. Tedesco.
Senator Allgood of the 22nd introduced Dr. Francis Tedesco, President of the Medical College of Georgia, who briefly addressed the Senate.
SR 32. By Senators Walker of the 43rd and Langford of the 35th: A resolution commending Dr. Thomas W. Cole, Jr., President of Clark Atlanta University.
Senator Walker of the 43rd introduced Dr. Thomas W. Cole, Jr., President of Clark Atlanta University, who briefly addressed the Senate.
Senator Phillips of the 9th introduced the doctor of the day, Dr. Larry Anderson, of Centerville, Georgia.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 11:35 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Wednesday, January 25, 1989 Eighth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator 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 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 174. By Representatives Clark of the 20th, Howren of the 20th, Thompson of the 20th, Vaughan of the 20th, Ehrhart of the 20th and Aiken of the 21st: A bill to reincorporate and provide a new charter for the City of Acworth in Cobb County, Georgia.
HB 199. By Representatives Alien of the 127th, Hamilton of the 124th, Johnson of the 123rd, Kingston of the 125th and Mueller of the 126th: A bill to amend an Act creating the State Court of Chatham County, so as to change certain provisions relating to costs and fees.
HB 236. By Representatives Aiken of the 21st, Atkins of the 21st, Clark of the 20th, Isakson of the 21st, Ehrhart of the 20th and others: A bill to provide for a $10,000.00 homestead exemption from certain City of Smyrna ad valorem taxes for certain residents 65 years of age or older.
HB 237. By Representatives Aiken of the 21st, Atkins of the 21st, Clark of the 20th, Isakson of the 21st, Ehrhart of the 20th and others: A bill to provide for a $10,000.00 homestead exemption from all City of Smyrna ad valorem taxes for certain disabled residents.
HB 42. By Representative Buck of the 95th: A bill to amend Code Section 47-17-60 of the Official Code of Georgia Annotated, relating to payments to the Peace Officers' Annuity and Benefit Fund from fines collected and bonds forfeited and collected in criminal and quasi-criminal cases, so as to provide for the filing of certain forms in connection with payments to the fund.
HB 43. By Representative Buck of the 95th: A bill to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions applicable to the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to the definition of "peace officer".

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217

HB 76. By Representatives Selman of the 32nd, Childers of the 15th, Richardson of the 52nd, Thomas of the 69th and Chambless of the 133rd:
A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to change the provisions with respect to the addi tional witness required when a living will is signed in a hospital or skilled nursing facility.
HB 105. By Representative Murphy of the 18th:
A bill to amend Article 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions governing attorneys, so as to authorize attorneys to establish interest-bearing trust accounts for clients' funds from which proceeds are donated to government operated or government sponsored indigent defense plans or programs; to authorize financial institutions to main tain the accounts and to remit the interest payments.
HB 119. By Representatives Cummings of the 17th and Parrish of the 109th:
A bill to amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to service retirement under the Teachers Retirement System of Georgia, so as to change the provisions relating to the determination of average compensation.
HB 120. By Representatives Cummings of the 17th and Parrish of the 109th:
A bill to repeal an Act entitled "To amend Code Section 47-4-100 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the Public School Employees Retirement System, so as to provide that a member who has 40 or more years of creditable service may elect to retire in the same manner and with the same benefits as a member who has reached his normal retirement date".
HB 121. By Representatives Cummings of the 17th and Parrish of the 109th:
A bill to repeal an Act entitled "To amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to the pay ment required for such creditable service".
HB 96. By Representative Barnett of the 10th:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to change the provisions relating to compensation of court bailiffs and expense allowances for jurors.
HB 157. By Representatives Ray of the 98th, Pinkston of the 100th, Groover of the 99th, Jenkins of the 80th and Crawford of the 5th:
A bill to amend Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administrations of estates in general, so as to specify provisions governing territorial jurisdiction of probate courts over the estates of decedents; to provide for the determination of residence of decedents who were under the care of a nursing home or other similar facility.
HB 7. By Representative Lane of the 27th:
A bill to amend Code Section 31-31-7 of the Official Code of Georgia Annotated, relating to the repeal of the law providing for the State Boxing Commission and

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the abolition of such commission, so as to change the date for the termination of such commission and for the repeal of such law.
HB 15. By Representative Lane of the 27th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal and revoke the provisions relating to the State Boxing Commission and the regulation of professional boxing matches and to create the State Boxing and Wrestling Commission and to regulate professional boxing and professional wrestling.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 163. By Senators Fincher of the 54th and Huggins of the 53rd:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Solid Waste Management Act," so as to preserve certain resi dential areas by prohibiting the issuance of permits for certain solid waste dispo sal sites; to amend Article 8 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of junkyards, so as to prohibit the estab lishment and operation of automobile graveyards. Referred to Committee on Natural Resources.
SB 164. By Senator Fincher of the 54th:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to change certain definitions. Referred to Committee on Consumer Affairs.
SB 165. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," so as to change the date of the general primary; to repeal certain provisions relating to nonpartisan primaries and to change provisions relating to nonpartisan elections; to change the provisions re lating to procedures for qualification of candidates generally. Referred to Committee on Governmental Operations.
SB 166. By Senator Kidd of the 25th:
A bill to amend an Act creating county courts (now state courts) in certain desig nated counties of this state, as amended, so as to change the compensation provi sions relating to the judge and the solicitor of the State Court of Baldwin County; to provide that the offices of judge and solicitor of the State Court of Baldwin County shall be full-time positions. Referred to Committee on Urban and County Affairs.
SB 167. By Senators Kennedy of the 4th and Hammill of the 3rd:
A bill to add one additional judge of the Superior Court for the Atlantic Judicial Circuit; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges for each judicial circuit, so as to provide for such additional judge; to provide for the initial appointment and subsequent election of said judge; to provide for all related matters; to provide for an effective date. Referred to Committee on Judiciary.

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219

SB 168. By Senator McKenzie of the 14th:
A bill to provide a new charter for the City of Ideal; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations.
Referred to Committee on Urban and County Affairs.
SB 169. By Senator Olmstead of the 26th:
A bill to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to municipal corporations only, so as to change the provisions relating to voting upon questions by interested council members; to define the term "personally interested"; to provide an effective date.
Referred to Committee on Governmental Operations.
SB 170. By Senators Timmons of the llth and Bowen of the 13th:
A bill to amend Code Section 47-17-40 of the Official Code of Georgia Annotated, relating to membership in the Peace Officers' Annuity and Benefit Fund, so as to provide that a certain peace officer who has been in continuous service as a peace officer for a certain number of years shall be eligible for membership in the fund and for the annuity and benefits provided for by said fund.
Referred to Committee on Retirement.
SB 171. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to provide for a va cancy in the office of county attorney unless action is taken to reappoint the same person as county attorney following an election of members of the county governing authority; to provide for the appointment and removal of the county attorney.
Referred to Committee on Governmental Operations.
SB 172. By Senators Ragan of the 10th, Ray of the 19th, Harris of the 27th and Kennedy of the 4th:
A bill to amend Code Section 47-17-44 of the Official Code of Georgia Annotated, relating to the payment of dues under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to time limits for the purchase of certain creditable service; to provide for other matters relative thereto; to provide conditions for an effective date and for automatic repeal.
Referred to Committee on Retirement.
SB 173. By Senators Ragan of the 10th, Ray of the 19th, Harris of the 27th and Kennedy of the 4th:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to provide creditable service for certain graduate study; to provide for other matters relative thereto; to provide conditions for an effective date and for automatic repeal.
Referred to Committee on Retirement.

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SB 174. By Senators Phillips of the 9th, Edge of the 28th and Clay of the 37th:
A bill to amend Code Section 40-6-394, relating to serious injury by vehicle, so as to redefine the offense of serious injury by vehicle. Referred to Committee on Judiciary.
SB 175. By Senators Edge of the 28th, Dawkins of the 45th, Clay of the 37th and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transactions of insurance, so as to provide that insurers who provide liability or casualty insurance coverage and the insured shall upon the request of a claimant provide certain information to such claimant. Referred to Committee on Insurance.
SB 176. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and Barnes of the 33rd:
A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to provide for a court administrator of the Cobb Judicial Circuit and provide for the duties, services and compensation thereof; to provide for support personnel for that administrator and provide for their compensation; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 177. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and Barnes of the 33rd:
A bill to amend Code Section 21-2-267 of the Official Code of Georgia Annotated, relating to the arrangement and storage of equipment at polling places in general elections and primaries, so as to require that seating be available for handi capped voters and voters over the age of 65 in precincts of a certain size. Referred to Committee on Governmental Operations.
SB 178. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and Barnes of the 33rd:
A bill to amend Code Section 21-2-267 of the Official Code of Georgia Annotated, relating to the arrangement and storage of equipment at polling places in general elections and primaries, so as to require that a designated voting compartment or booth be reserved for handicapped voters in precincts of a certain size. Referred to Committee on Governmental Operations.
SB 179. By Senators Phillips of the 9th and Kidd of the 25th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions affecting counties, so as to provide that certain county officers have the sole authority to select, employ, and discharge necessary personnel; to provide that any contractual or other rights previously acquired or acquired in the future by certain employees of county officers shall be an obliga tion of the governing authority of the county. Referred to Committee on Urban and County Affairs (General).
SB 180. By Senators Deal of the 49th and Barker of the 18th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to the place of detention of a child; to provide for limitations thereon; to

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provide for transfers; to provide for notices, practices, and procedures; to provide for time limits; to provide for definitions; to provide an effective date. Referred to Committee on Children and Youth.
SB 181. By Senators Peevy of the 48th, Ragan of the 10th, Taylor of the 12th and Edge of the 28th: A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to provide that a superior court judge may order the mediation of a domestic case if the judicial circuit has provided for local rules to govern such mediation proceedings; to provide for a minimal fee to cover the costs of mediation.
Referred to Committee on Special Judiciary.
SR 39. By Senator Fincher of the 54th: A resolution designating the William A. Ridley Bridge.
Referred to Committee on Transportation.
SR 42. By Senators Allgood of the 22nd, Ray of the 19th, Dean of the 31st and others: A resolution proposing an amendment to the Constitution so as to provide that if any person has been elected to any state, county, or municipal office but has not taken office qualifies for election to any other office, then the office to which such person has been elected shall be declared vacant; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.
SR 44. By Senators Broun of the 46th, Gillis of the 20th, Barker of the 18th and Ray of the 19th: A resolution creating the Senate Georgia Agrirama Relocation Study Committee.
Referred to Committee on Economic Development and Tourism.
The following bills of the House were read the first time and referred to committees:
HB 7. By Representative Lane of the 27th: A bill to amend Code Section 31-31-7 of the Official Code of Georgia Annotated, relating to the repeal of the law providing for the State Boxing Commission and the abolition of such commission, so as to change the date for the termination of such commission and for the repeal of such law .
Referred to Committee on Governmental Operations.
HB 15. By Representative Lane of the 27th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal and revoke the provisions relating to the State Boxing Commission and the regulation of professional boxing matches and to create the State Boxing and Wrestling Commission and to regulate professional boxing and professional wrestling.
Referred to Committee on Governmental Operations.
HB 42. By Representative Buck of the 95th: A bill to amend Code Section 47-17-60 of the Official Code of Georgia Annotated, relating to payments to the Peace Officers' Annuity and Benefit Fund from fines collected and bonds forfeited and collected in criminal and quasi-criminal cases,

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so as to provide for the filing of certain forms in connection with payments to the fund. Referred to Committee on Retirement.
HB 43. By Representative Buck of the 95th: A bill to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions applicable to the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to the definition of "peace officer".
Referred to Committee on Retirement.
HB 76. By Representatives Selman of the 32nd, Childers of the 15th, Richardson of the 52nd, Thomas of the 69th and Chambless of the 133rd:
A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to change the provisions with respect to the addi tional witness required when a living will is signed in a hospital or skilled nursing facility. Referred to Committee on Judiciary.
HB 96. By Representative Barnett of the 10th: A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to change the provisions relating to compensation of court bailiffs and expense allowances for jurors.
Referred to Committee on Special Judiciary.
HB 105. By Representative Murphy of the 18th: A bill to amend Article 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions governing attorneys, so as to authorize attorneys to establish interest-bearing trust accounts for clients' funds from which proceeds are donated to government operated or government sponsored indigent defense plans or programs; to authorize financial institutions to main tain the accounts and to remit the interest payments.
Referred to Committee on Judiciary.
HB 119. By Representatives Cummings of the 17th and Parrish of the 109th: A bill to amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to service retirement under the Teachers Retirement System of Georgia, so as to change the provisions relating to the determination of average compensation.
Referred to Committee on Retirement.
HB 120. By Representatives Cummings of the 17th and Parrish of the 109th: A bill to repeal an Act entitled "To amend Code Section 47-4-100 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the Public School Employees Retirement System, so as to provide that a member who has 40 or more years of creditable service may elect to retire in the same manner and with the same benefits as a member who has reached his normal retirement date".
Referred to Committee on Retirement.
HB 121. By Representatives Cummings of the 17th and Parrish of the 109th: A bill to repeal an Act entitled "To amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the

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223

Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to the pay ment required for such creditable service". Referred to Committee on Retirement.
HB 157. By Representatives Ray of the 98th, Pinkston of the 100th, Groover of the 99th, Jenkins of the 80th and Crawford of the 5th: A bill to amend Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administrations of estates in general, so as to specify provisions governing territorial jurisdiction of probate courts over the estates of decedents; to provide for the determination of residence of decedents who were under the care of a nursing home or other similar facility.
Referred to Committee on Judiciary.
HB 174. By Representatives Clark of the 20th, Howren of the 20th, Thompson of the 20th and others: A bill to reincorporate and provide a new charter for the City of Acworth in Cobb County, Georgia.
Referred to Committee on Urban and County Affairs.
HB 199. By Representatives Alien of the 127th, Hamilton of the 124th, Johnson of the 123rd and others: A bill to amend an Act creating the State Court of Chatham County, so as to change certain provisions relating to costs and fees.
Referred to Committee on Urban and County Affairs.
HB 236. By Representatives Aiken of the 21st, Atkins of the 21st, Clark of the 20th and others: A bill to provide for a $10,000.00 homestead exemption from certain City of Smyrna ad valorem taxes for certain residents 65 years of age or older.
Referred to Committee on Urban and County Affairs.
HB 237. By Representatives Aiken of the 21st, Atkins of the 21st, Clark of the 20th and others: A bill to provide for a $10,000.00 homestead exemption from all City of Smyrna ad valorem taxes for certain disabled residents.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Corrections has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 65. Do pass. SB 66. Do pass. SB 67. Do pass.
Respectfully submitted,
Senator Garner of the 30th District, Chairman

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JOURNAL OF THE SENATE

Mr. President:

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

SB 45. Do pass by substitute. SB 99. Do pass.

SB 104. Do pass. SR 30. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 103. Do pass by substitute. SB 139. Do pass. HB 93. Do pass.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

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

SR 12. By Senator Kidd of the 25th:
A resolution recognizing the month of May, 1989, as "Motorcycle Awareness and You Month" in Georgia.

SB 19. By Senator Allgood of the 22nd:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, the "Georgia Business Corporation Code," so as to provide for cumulative voting of shares in certain family controlled corporations; to provide definitions; to pro vide exceptions; to prevent adoption of and invalidate certain corporate actions in conflict with the foregoing.

SB 20. By Senator Allgood of the 22nd:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Anno tated, relating to exemptions from certain provisions of law relating to carrying or possessing firearms, so as to include within such exemptions certain persons.

SB 25. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide a procedure by which a sentence of life imprisonment or death may be imposed by the trial judge when the sentencing jury has found the existence of at least one statutory aggravating circumstance but is unable to render a sentencing verdict.

SB 27. By Senator Barnes of the 33rd:
A bill to amend Code Section 40-8-158 of the Official Code of Georgia Annotated, relating to periodic inspection and maintenance of emission control equipment on motor vehicles, so as to provide a procedure for obtaining a replacement emis sion inspection sticker when a windshield is replaced on a motor vehicle.

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225

SB 30. By Senators Stumbaugh of the 55th, Allgood of the 22nd, Coleman of the 1st and others:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions under the "Ethics in Government Act," so as to prohibit any industrial loan licensee, insurer, or person or political action committee acting on behalf of such licensee or insurer from making contri butions to or on behalf of the person holding office as Commissioner of Insurance.
SB 31. By Senators Stumbaugh of the 55th, Taylor of the 12th, Olmstead of the 26th and others:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance, so as to require the Commissioner to release for public dissemination a list of valid complaints against insurance companies which are received by the department; to provide for publication; to provide for availability of such information to other media.
SB 32. By Senators Stumbaugh of the 55th, Taylor of the 12th, Land of the 16th and others:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to pro vide that the Commissioner of Insurance shall provide by regulation guidelines for determining the value of a motor vehicle under certain circumstances; to pro vide for the content of such regulations; to provide an effective date.
SB 49. By Senators Stumbaugh of the 55th, Peevy of the 48th, Kidd of the 25th and others:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rule making, rates, and related organizations with re spect to insurance, so as to provide for a reduction in premium charges for cer tain motor vehicle insurance coverage for persons 55 years of age or older who complete a motor vehicle accident prevention course.
SB 59. By Senators Echols of the 6th, Gillis of the 20th, Coleman of the 1st and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the comprehensive regulation of shellfish; to provide for definitions; to delete certain rights to take shellfish from streams and estuaries; to change certain provisions relating to required records with respect to commercial fishing.
SB 82. By Senators Barnes of the 33rd, McKenzie of the 14th, Baldwin of the 29th and Broun of the 46th:
A bill to amend the Official Code of Georgia Annotated, so as to change the name of the Department of Industry and Trade to the Department of Industry, Trade, and Tourism; to change the name of the Board of Industry and Trade to the Board of Industry, Trade, and Tourism; to change the title of the commissioner of industry and trade to the commissioner of industry, trade and tourism.
SB 83. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Chapter 23 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Environmental Facilities Authority Act," relating to the creation of the authority and its program of assisting local governments in meeting their need for environmental facilities, so as to provide for the extension of such pro gram to include assistance for solid waste facilities.

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SB 84. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," so as to change the definition of land-disturbing activity subject to regulation; to remove the state Soil and Water Conservation Commission and soil and water conservation districts from the rule-making process of the Board of Natural Resources.
SB 85. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of public safety personnel, so as to remove the provision of the law subrogating the state to a cause of action for death or disability upon payment of indemnification; to provide an effective date.
SB 86. By Senators Barnes of the 33rd, McKenzie of the 14th, Baldwin of the 29th and others:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to authorize the Department of Natural Resources to acquire or construct water supply reservoirs; to authorize the depart ment to operate and maintain projects embracing sources of water supply and the distribution and sale of water and other related facilities to individuals, pub lic and private corporations, and local governments.
SB 88. By Senators Gillis of the 20th, Echols of the 6th, Kennedy of the 4th and others:
A bill to amend Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, so as to provide requirements relative to the harvest and sale of pine straw; to provide for definitions; to pro vide for findings; to provide for certificates of harvest; to provide that it shall be unlawful to sell or purchase pine straw without certificates of harvest.
SB 102. By Senator Peevy of the 48th:
A bill to amend Chapter 36 of Title 43 of the Official Code of Georgia Annotated, relating to polygraph examiners, so as to provide for additional rights of poly graph examinees to change certain provisions relating to the preservation of records of polygraph examinations; to provide for applicability of said chapter; to provide an effective date.
SB 105. By Senators Gillis of the 20th, Perry of the 7th, Echols of the 6th and Hammill of the 3rd:
A bill to amend Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to seafood and salt-water fishing in general, so as to provide for the opening and closing of the salt waters of this state as to fishing for certain fish; to establish creel and size limits as to certain fish; to provide for related matters; to provide an effective date.
SB 106. By Senators Gillis of the 20th, Perry of the 7th, Echols of the 6th and Hammill of the 3rd:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to acts constituting crimi nal trespass on public hunting or fishing areas; to limit the shell size and increase the shot size for hunting certain animals; to change certain creel and possession limits of fish; to change provisions relating to mountain trout taken from certain reservoirs.

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227

SB 116. By Senators Deal of the 49th and English of the 21st:
A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide for inspection war rants and the practices, procedures, and requirements connected with the issu ance, execution, and return thereof; to provide for notices; to provide for applica tions; to provide for time limits.

SB 117. By Senators Deal of the 49th and English of the 21st:
A bill to amend Article 3 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Meat Inspection Act," so as to provide for the inspection of certain facilities and establishments; to provide for the inspection of certain carcasses, parts thereof, meat, meat food products, containers, and packaging; to provide for additional powers of the Commissioner of Agriculture and his delegate.

SB 118. By Senator Brannon of the 51st:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to authorize persons who operate motorcycles to wear headsets or headphones for communication purposes only.

SB 122. By Senators Bowen of the 13th, Timmons of the llth, Parker of the 15th and Perry of the 7th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to require newly ap pointed chiefs of police and heads of law enforcement units to attend a law en forcement chief executive training class; to provide for funding.

HB 98. By Representative McDonald of the 12th:
A bill to provide supplementary appropriations to the Department of Medical Assistance for the remainder of the State Fiscal Year ending June 30, 1989, for the payment of provider claims chargeable to State Fiscal Year 1988.

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

Albert Allgood Baldwin Barker Barnes Bwen Brannon
CCloalyeman
Collins Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner
Gilhs Hammill
2gao"waiSrd, HJouhgngsmons
Kennedy Kidd
Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of loth
Ragan of 32nd p
SSccootttt ooff 326ndth 0S,humak, e
btarr Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

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JOURNAL OF THE SENATE

Senator Kidd of the 25th introduced the chaplain of the day, Reverend Dan Maxey, pastor of the First Methodist Church, Milledgeville, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 43. By Senator Edge of the 28th: A resolution commending and endorsing the Tax-Aid program sponsored by the American Association of Retired Persons.
SR 45. By Senator Ray of the 19th: A resolution commending Miss Lelia Melisa Ray.
SR 46. By Senator Burton of the 5th: A resolution recognizing Lieutenant Colonel Jack T. Waters.
Senator Barker of the 18th moved that the following bill of the Senate be withdrawn from the Senate Committee on Insurance and committed to the Senate Committee on Chil dren and Youth:
SB 124. By Senators Barker of the 18th, Kidd of the 25th and Stumbaugh of the 55th: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to create the "Child Health Services Act"; to provide that all accident and sickness insurance benefit plans, policies, or con tracts providing coverage on an expense incurred basis shall also provide that the accident and sickness benefits applicable for children include coverage for child health supervision services from the moment of birth to age five years.
On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 124 was with drawn from the Senate Committee on Insurance and committed to the Senate Committee on Children and Youth.
Senators Starr of the 44th and Collins of the 17th introduced officials of Jonesboro Junior High School, who were recognized and commended by SR 19 adopted previously, and Principal Paul Robbins and Dr. Joe Lovin, Superintendent of Clayton County Schools, briefly addressed the Senate.
The following resolutions of the Senate were read and adopted:
SR 40. By Senators Fincher of the 54th, Clay of the 37th, Broun of the 46th and others: A resolution commending the University System of Georgia Outstanding Schol ars on Academic Recognition Day.
Senator Fincher of the 54th introduced Dr. Dean Propst, Chancellor of the University System of Georgia, who briefly addressed the Senate.
SR 41. By Senator Shumake of the 39th: A resolution honoring Mr. Lawrence Orlando "Rocky" Rossi.
Senator Shumake of the 39th introduced Mr. Lawrence Orlando "Rocky" Rossi who briefly addressed the Senate.
Senator Land of the 16th introduced the doctor of the day, Dr. Roger O'Bryan, of Co lumbus, Georgia.

WEDNESDAY, JANUARY 25, 1989

229

SENATE CALENDAR Wednesday, January 25, 1989 EIGHTH LEGISLATIVE DAY SB 1 Mountain Protection Act--enact (Amendment) (Nat R--50th)

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

SB 1. By Senator Foster of the 50th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Mountain Protection Act"; to provide a system of regulation of and permitting for land-disturbing ac tivities in certain mountain areas of the state; to define terms; to state legislative findings and legislative intent; to direct local governments to prepare and adopt land use plans and ordinances.

The Senate Committee on Natural Resources offered the following amendment:

Amend SB 1 by striking the word "harvesting" on line 2 of page 18 and inserting in its place the following:
"agricultural land-disturbing activity".

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

Senator Foster of the 50th offered the following amendment:

Amend SB 1 by deleting all matter on lines 11 through 19 of page 6.
By deleting the designation "(c)" on line 20 of page 6 and inserting in its place the designation "(b)".
By deleting all matter on lines 26 and 27 of page 17 and substituting in lieu thereof the following:
"repairs and additions or minor modifications to a single-family residence, and con struction of or minor modifications to sheds, garages, or other appurtenant structures to a single-family residence;".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun

Burton Clay Coleman Collins Coverdell Dawkins Deal

Dean Echols Edge English Engram Fincher Foster

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JOURNAL OF THE SENATE

Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land 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

Not voting were Senators Bowen and Garner.

On the passage of the bill, the yeas were 54, nays 0.

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

Senator Collins of the 17th introduced Mr. Gordon Moore, Principal of Henry County High School, who was recognized and commended by SR 17 adopted previously, and he briefly addressed the Senate.

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

Mr. President:

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

HB 1. By Representatives Smyre of the 92nd, Murphy of the 18th, Hooks of the 116th, Lawson of the 9th and Coleman of the 118th:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, and accommodations, so as to change the rates at which such tax may be levied in certain counties and municipalities at certain times; to change the periods of time during which the levy of such tax at certain rates is authorized in certain counties and municipalities.

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

HB 1. By Representatives Smyre of the 92nd, Murphy of the 18th, Hooks of the 116th and others:
A bill to amend Article 3 of Chapter 13 of Title 48 of the O.C.G.A., relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, and accommodations, so as to change the rates at which such tax may be levied in certain counties and municipalities at certain times.

Referred to Committee on Banking and Finance.

Senator Allgood of the 22nd moved that the Senate stand in recess until 5:00 o'clock P.M. at which time the Senate would stand adjourned until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 11:14 o'clock A.M., the President announced that the Senate would stand in recess

WEDNESDAY, JANUARY 25, 1989

231

58$ until 5:00 o'clock P.M. at which time the Senate would stand adjourned until 9:00 o'clock <tfvK-<s* A.M. tomorrow.
1

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Thursday, January 26, 1989 Ninth Legislative Day

The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator 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 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 281. By Representative Green of the 106th:
A bill to amend an Act placing the coroner of Putnam County upon a monthly salary in lieu of the fee system, so as to change the compensation of the coroner.
HB 283. By Representative Hudson of the 117th:
A bill to amend an Act providing for the consolidation of the offices of tax re ceiver and tax collector of Bleckley County into the office of the tax commis sioner of Bleckley County, so as to change the provisions relative to the compen sation of the tax commissioner.
HB 210. By Representative Pannell of the 122nd:
A bill to amend Article 2 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to land registration, so as to repeal Code Section 44-2-139, relating to registration and title certificates running with the land; to allow regis tered land to be defeased by adverse possession; to allow transfers of title made by the last registered owner or said owner's representatives, heirs, or assigns to be valid transfers of title to the land so described.
HB 101. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Code Section 40-2-30, relating to issuance of license plates, so as to repeal the authorization for use of a surety bond to purchase 75 percent of a license plate.
HB 129. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to state parks, historic sites, and recreational areas, so as to provide for reduced fees for the use of occupancy of such facilities by disabled veterans.

THURSDAY, JANUARY 26, 1989

233

HB 64. By Representative Wall of the 61st:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic ofTenses, so as to provide that a person may be charged with the criminal offense of serious injury by vehicle when such per son does serious bodily injury to another while driving recklessly, eluding an of ficer, or failing to render aid and assistance.
HB 154. By Representatives Watson of the 114th and Kilgore of the 42nd:
A bill to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings generally, so as to change certain provisions re lating to state minimum standard codes; to change the definition of the term "state minimum standard codes".
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 129. By Representatives Isakson of the 21st, Wilder of the 21st, Gresham of the 21st, Atkins of the 21st, Aiken of the 21st and others: A resolution in memory of Honorable John Carl Harrison.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 182. By Senator Ray of the 19th:
A bill to amend Code Section 47-17-44 of the Official Code of Georgia Annotated, relating to receiving credit for service under the Peace Officers' Annuity and Benefit Fund, so as to authorize credit for certain prior service; to provide for the payment of contributions for such credit; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal. Referred to Committee on Retirement.
SB 183. By Senators Pollard of the 24th and Deal of the 49th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, so as to revise the specified duties of the clerk of superior court generally; to provide that the clerk of superior court shall be authorized to consolidate or combine books, dockets, and indices; to au thorize the use of electronic or automated methods or systems of record keeping. Referred to Committee on Governmental Operations.
SB 184. By Senator Shumake of the 39th:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to municipal and county hospital authorities, so as to provide that certain such authorities prepare an annual report of revenue receipts and expenditures; to provide for the contents of such reports; to provide that such reports be published in a daily newspaper; to provide that such authorities main tain a summary of certain contracts. Referred to Committee on Human Resources.
SB 185. By Senators Johnson of the 47th, Albert of the 23rd, Olmstead of the 26th and Phillips of the 9th:
A bill to amend Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosures on personalty, so as to provide for foreclosures arising out of consumer transactions; to change the provisions relat-

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JOURNAL OF THE SENATE

ing to the definition of certain terms; to provide for a petition for immediate writ of possession with respect to consumer transactions; to provide for procedures. Referred to Committee on Judiciary.
SB 186. By Senators Johnson of the 47th, Albert of the 23rd, Olmstead of the 26th and Phillips of the 9th:
A bill to amend Part 10 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous liens, so as to provide that a payee shall have a lien on merchandise when a bad check is used to purchase merchandise or services rendered on merchandise; to define the term "bad check"; to provide for the priority and perfection of such a lien. Referred to Committee on Judiciary.
SB 187. By Senators Johnson of the 47th, Albert of the 23rd, Dawkins of the 45th and others:
A bill to amend Code Section 11-3-508 of the Official Code of Georgia Annotated, relating to notice of dishonor under the "Uniform Commercial Code--Commer cial Paper" article, so as to provide that upon request of any party to an instru ment, the drawee shall provide an affidavit giving the specific reason for dishonor. Referred to Committee on Judiciary.
SB 188. By Senators Johnson of the 47th, Albert of the 23rd, Dawkins of the 45th and others:
A bill to amend Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to bad checks, so as to provide that with respect to the crime of issuance of a bad check a single notice is sufficient to cover all checks on which payment was refused and which were written within a ten-day period to a single entity; to provide for the form of notice covering multiple checks. Referred to Committee on Judiciary.
SB 189. By Senators Johnson of the 47th, Albert of the 23rd, Dawkins of the 45th and others:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to authorize the district attorneys of the superior courts and the solicitors of the state courts to create bad check divisions within their offices for the purpose of processing bad check complaints; to provide for victim complaints and notice to persons who issued bad checks. Referred to Committee on Judiciary.
SB 190. By Senators Deal of the 49th, Foster of the 50th, Fincher of the 54th and Kidd of the 25th:
A bill to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding damages, so as to provide for limitations upon punitive damages involving certain drugs and provide for excep tions thereto; to provide for the applicability of certain provisions of the law re lating to punitive damages and for the inapplicability of other provisions. Referred to Committee on Judiciary.
SB 191. By Senator Deal of the 49th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that all hearings involving delin quency shall be open to the public; to provide that certain other hearings shall be

THURSDAY, JANUARY 26, 1989

235

closed to the public; to change the provisions relating to juvenile law enforcement records and inspection thereof. Referred to Committee on Judiciary.
The following bills of the House were read the first time and referred to committees:
HB 64. By Representative Wall of the 61st: A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that a person may be charged with the criminal offense of serious injury by vehicle when such per son does serious bodily injury to another while driving recklessly, eluding an of ficer, or failing to render aid and assistance.
Referred to Committee on Judiciary.
HB 101. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th: A bill to amend Code Section 40-2-30, relating to issuance of license plates, so as to repeal the authorization for use of a surety bond to purchase 75 percent of a license plate.
Referred to Committee on Transportation.
HB 129. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th: A bill to amend Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to state parks, historic sites, and recreational areas, so as to provide for reduced fees for the use of occupancy of such facilities by disabled veterans.
Referred to Committee on Natural Resources.
HB 154. By Representatives Watson of the 114th and Kilgore of the 42nd: A bill to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings generally, so as to change certain provisions re lating to state minimum standard codes; to change the definition of the term "state minimum standard codes".
Referred to Committee on Industry and Labor.
HB 210. By Representative Pannell of the 122nd: A bill to amend Article 2 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to land registration, so as to repeal Code Section 44-2-139, relating to registration and title certificates running with the land; to allow regis tered land to be defeased by adverse possession; to allow transfers of title made by the last registered owner or said owner's representatives, heirs, or assigns to be valid transfers of title to the land so described.
Referred to Committee on Judiciary.
HB 281. By Representative Green of the 106th: A bill to amend an Act placing the coroner of Putnam County upon a monthly salary in lieu of the fee system, so as to change the compensation of the coroner.
Referred to Committee on Urban and County Affairs.
HB 283. By Representative Hudson of the 117th: A bill to amend an Act providing for the consolidation of the offices of tax receiver and tax collector of Bleckley County into the office of the tax commis-

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JOURNAL OF THE SENATE

sioner of Bleckley County, so as to change the provisions relative to the compen sation of the tax commissioner. Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Banking and Finance has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 51. Do pass. HB 1. Do pass as amended.
Respectfully submitted, Senator Turner of the 8th District, Chairman
Mr. President:
The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bill and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 6. Do pass. SR 16. Do pass. HB 100. Do not pass.
Respectfully submitted, Senator Ray of the 19th District, Chairman
Mr. President:
The Committee on Education has had under consideration the following bill and resolu tion of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 113. Do pass. SR 9. Do pass.
Respectfully submitted, Senator Foster of the 50th District, Chairman
Mr. President:
The Committee on Human Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 39. Do pass. Respectfully submitted, Senator Howard of the 42nd District, Chairman
Mr. President:
The Committee on Insurance has had under consideration the following bills and reso-

THURSDAY, JANUARY 26, 1989

237

fjji

lution of the Senate and has instructed me to report the same back to the Senate with the

*$i

following recommendations:

^

SB 13. Do pass.

:

SR 27. Do pass.

SB 50. Do pass as amended.

Respectfully submitted,

Senator Stumbaugh of the 55th District, Chairman

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



SR 30. By Senators Kidd of the 25th and Dawkins of the 45th:

A resolution proposing an amendment to the Constitution so as to provide that

the General Assembly may by law provide for a state lottery, the proceeds from

/

which shall be used for expenses in support of public education; to provide for

the regulation of the state lottery; to prohibit other lotteries; to provide for the

submission of this amendment for ratification or rejection.

SB 45. By Senator Kidd of the 25th:

A bill to amend Code Section 21-5-31 of the Official Code of Georgia Annotated,

relating to contributions or expenditures other than through a candidate or cam-

(v; 1.'1

paign committee, so as to provide that contributions to any candidate from any

':$

person which do not exceed $100.99 in the aggregate do not require separate re-

jjji

porting in the county or municipality of such candidate's residence.

'":'

SB 65. By Senators Garner of the 30th and Kennedy of the 4th:

A bill to amend Code Section 19-10-1 of the Official Code of Georgia Annotated,

relating to abandonment of a child and penalties therefor, so as to provide proce-

;

dures and requirements relative to the suspension of sentences for abandonment;

to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relat

ing to hearings and determinations on the question of the probation of a defen

dant, so as to delete the provisions relating to the suspension of sentences of

abandonment.

SB 66. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Code Section 16-10-52 of the Official Code of Georgia Annotated, relating to the offense of escape, so as to change the provisions relating to said offense; to provide that revocation of probation for conduct in violation of said Code section shall not preclude an independent criminal prosecution under said Code section; to provide an effective date.

SB 67. By Senators Garner of the 30th and Kennedy of the 4th:

A bill to amend Code Section 42-8-72 of the Official Code of Georgia Annotated,

relating to community service as a condition of probation, so as to provide an

option for the court to order a 40 hour per week work detail in lieu of incarcera-

:

tion; to provide for additional community service hours for disciplinary reasons

in lieu of incarceration; to provide an effective date.

C SB 99. By Senators Echols of the 6th, Perry of the 7th, Howard of the 42nd and others:

ij-{

A bill to amend Code Section 12-3-233 of the Official Code of Georgia Annotated,

'v-

relating to the members of the Jekyll Island State Park Authority, so as to pro

vide for an additional member of said authority; to amend Code Section 45-10-25

;';-.'

of the Official Code of Georgia Annotated, relating to exceptions to the conflicts

238

JOURNAL OF THE SENATE

of interest law applicable to public officials and employees, so as to provide for an additional exception to such law.

SB 103. By Senators Deal of the 49th and Bowen of the 13th:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to subpoenas and notices to produce, so as to change the provisions on the payment of witness fees for certain law enforcement officers, correctional officers, and similar persons.

SB 104. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-15 of the Official Code of Georgia Annotated, relating to The Council of Probate Court Judges of Georgia, so as to provide that under certain conditions such council may contract with a member of the council for the production of certain material and compensate said member for the pro duction of such material.

SB 139. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, so as to provide that magistrate courts shall have jurisdiction over the execution or subscribing and the accept ance of written waivers of extradition.

HB 93. By Representatives Thomas of the 69th, Groover of the 99th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory por tion of the Official Code of Georgia Annotated, as amended; to provide for neces sary or appropriate revisions and modernizations of matters contained in the Of ficial Code of Georgia Annotated.

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

Albert Allgood Baldwin Barker Barnes Bowen Brannon Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Kennedy Kidd Land 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 Walker

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239

Those not answering were Senators:

Broun Engram

Johnson Langford

Tysinger

Senator Barnes of the 33rd introduced the chaplain of the day, Reverend J. D. Hus band, pastor of Hinsley Chapel Church of God in Christ, Marietta, Georgia, who offered scripture reading and prayer.

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

SR 47. By Senator Harris of the 27th: A resolution commending the R. E. Lee High School "Rebels".

SR 48. By Senator Tate of the 38th: A resolution commending Miss Rebecca E. Davis.

SR 49. By Senator Tate of the 38th: A resolution commending Dr. Laurence E. Boyd.

SR 50. By Senator Stumbaugh of the 55th: A resolution commending Mr. Tracy Rocker.

SR 51. By Senator Kennedy of the 4th: A resolution commending Mr. Clint Oliver.

HR 129. By Representatives Isakson of the 21st, Wilder of the 21st, Gresham of the 21st and others:
A resolution in memory of Honorable John Carl Harrison.

Senator Edge of the 28th moved that the following bill of the Senate be withdrawn from the Senate Committee on Insurance and committed to the Senate Committee on Spe cial Judiciary:

SB 175. By Senators Edge of the 28th, Dawkins of the 45th, Clay of the 37th and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transactions of insurance, so as to provide that insurers who provide liability or casualty insurance coverage and the insured shall upon the request of a claimant provide certain information to such claimant.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 175 was with drawn from the Senate Committee on Insurance and committed to the Senate Committee on Special Judiciary.

SENATE CALENDAR Thursday, January 26, 1989 NINTH LEGISLATIVE DAY SB 19 Family Controlled Corporation--cumulative voting of shares (Judy--22nd) SB 20 Firearm Possession--exemptions from certain provisions (Judy--22nd) SB 25 Life, Death Sentence--when trial judge may render (S Judy--33rd)

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JOURNAL OF THE SENATE

SB 27 Emission Inspection Sticker--replacement if windshield replaced (Nat R--33rd)
SB 30 Campaign Contributions--prohibit certain ones to Insurance Commissioner (Ins--55th)
SB 31 Complaints Against Insurance Companies--release to public (Ins--55th)
SB 32 Vehicle Total Loss--Insurance Commissioner guidelines on cash value (Amend ment) (Ins--55th)
SB 49 Automobile Insurance Premiums--reduce for certain 55 year olds (Amendment) (Ins--55th)
SB 59 Shellfish--regulation (Amendment) (Nat R--6th)
SB 82 Industry and Trade Department, Board, Commissioner--change name (ED&T--33rd)
SB 83 Environmental Facilities Authority--assistance in solid waste facilities (Nat R--33rd)
SB 84 Erosion, Sedimentation Act--land-disturbing activity subject to (Nat R--33rd)
SB 85 Public Safety Indemnification--no subrogation of state to cause of action (S Judy--33rd)
SB 86 Water Supply Reservoirs--Department of Natural Resources may construct (Nat R--33rd)
SB 88 Pine Straw Harvest, Sale--requirements (Substitute) (Nat R--20th)
SB 102 Polygraph--rights of examinees on record preservation (S Judy--48th)
SB 105 Salt-water Fishing--season (Nat R--20th)
SB 106 Criminal Trespass on Public Hunting, Fishing Areas--acts constituting (Amend ment) (Nat R--20th)
SB 116 Agriculture Department--inspection warrants (Ag--49th)
SB 117 Meat Inspection Act--certain facilities, establishments (Amendment) (Ag--49th)
SB 118 Motorcyclist--authorize headsets for communication (Pub S--51st)
SB 122 New Chiefs of Police--attend law enforcement chief executive training (Pub S--13th)
SR 12 Motorcycle Awareness and You Month--May, 1989 (Pub S--25th)
HB 98 Supplementary Appropriations--Department of Medical Assistance (Approp-- 44th)
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 19. By Senator Allgood of the 22nd:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, the "Georgia Business Corporation Code," so as to provide for cumulative voting of shares in certain family controlled corporations; to provide definitions; to pro vide exceptions; to prevent adoption of and invalidate certain corporate actions in conflict with the foregoing.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, JANUARY 26, 1989

241

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes
Bowen Brannon Broun

Fincher Foster Garner
Gillis Hammill Harris

flrton y
CCoovlhe. nrds ell Dawkins )eal Dean Echols Edge English

Howard Huggins KTK^ei-dnJdJnedy Land Langford Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th SS0^htaurmr ake Stumbaugh Tate Taylor Turner Tysinger Walker

Voting in the negative was Senator Albert.

Those not voting were Senators:

Baldwin Engram

Fuller Johnson

McKenzie Timmons

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

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

SB 20. By Senator Allgood of the 22nd:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Anno tated, relating to exemptions from certain provisions of law relating to carrying or possessing firearms, so as to include within such exemptions certain persons.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols

Edge English Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Kennedy Kidd Land Langford

Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh

242

JOURNAL OF THE SENATE

Tate Taylor

Timmons Turner

Tysinger

Those not voting were Senators:

Baldwin Brannon

Engram Johnson

McKenzie Walker

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

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

SB 25. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide a procedure by which a sentence of life imprisonment or death may be imposed by the trial judge when the sentencing jury has found the existence of at least one statutory aggravating circumstance but is unable to render a sentencing verdict.

Senators Broun of the 46th, Dawkins of the 45th and Fuller of the 52nd offered the following amendment:

Amend SB 25 by striking on page 3 on lines 4, 5 and 6 the following: "and the majority is in favor of imposing the death sentence" and substituting in lieu thereof the following: "and if 10 out of 12 of the jurors are in favor of imposing the death sentence".

Senator Howard of the 42nd offered the following amendment:

Amend SB 25 by adding after Section 1 a new Section 2 to read as follows:

"Section 2. Prior to the jury's deliberation on the issue of the penalty to be imposed, the jury shall be charged as to the law provided herein in its entirety.",
and to renumber Section 2 as Section 3.
Senator Walker of the 43rd moved that SB 25 be committed to the Senate Committee on Special Judiciary.
Senator Dawkins of the 45th moved that SB 25 be placed on the Table.
On the motion offered by Senator Dawkins of the 45th, which motion takes precedence, Senator Barnes of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood
Fuller Howard

Johnson Kidd Langford Olmstead Parker Peevy

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

THURSDAY, JANUARY 26, 1989

243

Those voting in the negative were Senators:

Albert Baldwin Barker Barnes
Bowen Brraonunnon BQuaryton Coleman Collins Coverdell Dean

Echols Edge English Foster
Garner GTTillis ... Haamrrmisl11 Huggins Kennedy Land McKenzie

Newbill Perry Phillips Pollard
Ragan of 10th Ragan of 32nd
Stumbu aughu Taylor Timmons Turner Tysinger

On the motion offered by Senator Dawkins of the 45th, the yeas were 19, nays 37; the motion was lost, and SB 25 was not placed on the Table.

Senator Barnes of the 33rd moved the previous question.

On the motion offered by Senator Barnes of the 33rd, which motion takes precedence over the motion offered by Senator Walker of the 43rd, the yeas were 41, nays 10; the mo tion prevailed, and the previous question was ordered.

On the adoption of the amendment offered by Senators Broun of the 46th, Dawkins of the 45th and Fuller of the 52nd, Senator Garner of the 30th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Broun Burton
Xlay , ,, CDoawvekr-dnegll pjeaj English Engram Fincher

Foster Fuller Hammill
Howard ,,Huggins Johnson Kidd Langford McKenzie

Olmstead Peevy Pollard
Scott of 2nd 0Sco.tt, of, 3,,6-,t,h Starr Stumbaugh Taylor Walker

Those voting in the negative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Coleman Collins Dean

Echols Edge Garner Gillis Harris Kennedy Land Newbill Perry

Phillips Ragan of 10th Ragan of 32nd Ray Shumake Tate Timmons Turner Tysinger

Not voting was Senator Parker.

On the adoption of the amendment, the yeas were 28, nays 27, and the amendment was adopted.

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JOURNAL OF THE SENATE

Senator Barnes of the 33rd moved that the Senate reconsider its action in adopting the amendment offered by Senators Broun of the 46th, Dawkins of the 45th and Fuller of the 52nd.

On the motion, the yeas were 30, nays 22; the motion prevailed, and the amendment offered by Senators Broun of the 46th, Dawkins of the 45th and Fuller of the 52nd was reconsidered.

On the adoption of the amendment offered by Senators Broun of the 46th, Dawkins of the 45th and Fuller of the 52nd, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Broun Burton Clay Coverdell Dawkins Deal English Engram Fincher Foster

Fuller Hammill Howard Huggins Johnson Kidd Langford McKenzie Olmstead Parker

Peevy Pollard Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Walker

Those voting in the negative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Coleman Collins Dean

Echols Edge Garner Gillis Harris Kennedy Land Newbill

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

On the adoption of the amendment, the yeas were 31, nays 25, and the amendment offered by Senators Broun of the 46th, Dawkins of the 45th and Fuller of the 52nd was adopted.

On the adoption of the amendment offered by Senator Howard of the 42nd, the yeas were 39, nays 6, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon

Broun Burton Clay Coleman Collins Coverdell

Dawkins Deal Dean Echols Edge English

THURSDAY, JANUARY 26, 1989

245

Engram Fincher Foster Garner Gillis Harris Howard Huggins

Johnson Kennedy Land McKenzie Newbill Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ray Starr Stumbaugh Taylor Turner Tysinger

Those voting in the negative were Senators:

Allgood
Fuller Hammill Kidd Langford

Olmstead Parker
Peevv Scott of 2nd

Scott of 36th Shumake
Tate Walker

Not voting was Senator Timmons.

On the passage of the bill, the yeas were 42, nays 13.

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

Senator Barnes of the 33rd moved that SB 25 be immediately transmitted to the House.

On the motion, the yeas were 40, nays 1; the motion prevailed, and SB 25 was immedi ately transmitted to the House.

Senator Ragan of the 32nd introduced Mrs. Betty Harrison, the widow of the late Carl Harrison, Senator of the 37th District, and her family, to whom regrets were extended by SR 20 adopted previously. Mrs. Harrison briefly addressed the Senate.

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

Senator Garner of the 30th introduced Hamilton "Mac" McWhorter, Head Football Coach of West Georgia College at Carrollton, Georgia, who briefly addressed the Senate.

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

SB 27. By Senator Barnes of the 33rd:
A bill to amend Code Section 40-8-158 of the Official Code of Georgia Annotated, relating to periodic inspection and maintenance of emission control equipment on motor vehicles, so as to provide a procedure for obtaining a replacement emis sion inspection sticker when a windshield is replaced on a motor vehicle.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Brannon

Broun Burton Clay

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JOURNAL OF THE SENATE

Coleman Collins Coverdell Dawkins Deal Dean Echols Edge English Engram Foster Fuller Garner Gillis

Hammill Harris Howard Huggins Kidd Land 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 Turner Tysinger Walker

Those not voting were Senators:

Bowen Fincher

Johnson Kennedy (presiding)

Taylor Timmons

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

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

Senator Ray of the 19th gave notice that, at the proper time, he would move to disagree to the adverse committee report on the following bill of the House:

HB 100. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Code Section 40-2-70 of the Official Code of Georgia Annotated, relating to the design of disabled veterans license plates, so as to authorize the commissioner to provide for the design of such plates.

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

SB 30. By Senators Stumbaugh of the 55th, Allgood of the 22nd, Coleman of the 1st and others:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions under the "Ethics in Government Act," so as to prohibit any industrial loan licensee, insurer, or person or political action committee acting on behalf of such licensee or insurer from making contri butions to or on behalf of the person holding office as Commissioner of Insurance.

Senators Phillips of the 9th and Edge of the 28th offered the following amendment:
Amend SB 30 by adding at the end of line 14 of page 1 the following:
"to change certain provisions relating to contribution disclosure reports;".
By adding below line 33 on page 3 a new section to read as follows:
"Section 2. Said article is further amended by striking in its entirety paragraph (1) of subsection (b) of Code Section 21-5-34, relating to campaign contribution disclosure reports, and inserting in lieu thereof a new paragraph (1) to read as follows:
'(1) The amount, name, and mailing address of any person making a contribution of $101.00 or more, including the purchase of tickets for events such as dinners, luncheons,

THURSDAY, JANUARY 26, 1989

247

rallies, and similar fundraising events; provided, however, that, in the case of any person

i

making a contribution of $101.00 or more to the Commissioner of Insurance, such report shall also list the occupation and place of employment of the person making the

contribution;' ".

By renumbering Sections 2 and 3 on page 4 as Sections 3 and 4, respectively.

Senator Howard of the 42nd offered the following amendment:
Amend the amendment offered by Senators Phillips of the 9th and Edge of the 28th to SB 30 by striking from the amendment on page 1, line 19, the words "$101.00" and on line 20 the words "or more".

On the adoption of the amendment offered by Senator Howard of the 42nd, Senator Phillips of the 9th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Burton Clay Collins Coverdell

Echols Edge Fuller Howard Huggins Johnson Newbill

Parker Peevy Phillips Ragan of 32nd Scott of 36th Stumbaugh Tysinger

Those voting in the negative were Senators:

Barnes Bowen Broun Coleman Dawkins Deal Dean English Engram Fincher Foster

Garner Gillis Hammill Harris Kidd Langford McKenzie Olmstead Perry Pollard

Ragan of 10th Ray Scott of 2nd Shumake Starr Tate Taylor Timmons Turner Walker

Those not voting were Senators:

Brannon

Kennedy (presiding)

Land

On the adoption of the amendment, the yeas were 22, nays 31, and the amendment offered by Senator Howard of the 42nd to the amendment offered by Senators Phillips of the 9th and Edge of the 28th to SB 30 was lost.

On the adoption of the amendment offered by Senators Phillips of the 9th and Edge of the 28th, Senator Phillips of the 9th called for the yeas and nays: the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker

Brannon Burton Collins

Coverdell Echols Edge

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JOURNAL OF THE SENATE

Foster Howard

Parker Phillips

Ragan of 32nd Tysinger

Those voting in the negative were Senators:

Albert Barnes Bowen Broun Coleman Dawkins
Deal Dean English Engram Fincher Fuller Garner

Gillis Hammill Harris Huggins Johnson Kidd Langford McKenzie Newbill Olmstead Peevy Perry Pollard

Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Walker

Those not voting were Senators:

Clay

Kennedy (presiding)

Land

On the adoption of the amendment, the yeas were 15, nays 38, and the amendment was lost.

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

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

Those voting in the affirmative were Senators:

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

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

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

Voting in the negative was Senator Shumake.

Those not voting were Senators:

Clay

Kennedy (presiding)

Tate

THURSDAY, JANUARY 26, 1989

249

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

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

Senator Tysinger of the 41st introduced the doctor of the day, Dr. Frank Rasler, of Riverdale, Georgia.

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

SB 31. By Senators Stumbaugh of the 55th, Taylor of the 12th, Olmstead of the 26th and others:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance, so as to require the Commissioner to release for public dissemination a list of valid complaints against insurance companies which are received by the department; to provide for publication; to provide for availability of such information to other media.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge English

Engram Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy

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

Those not voting were Senators:

Clay Coverdell

Fincher Fuller

Kennedy (presiding) Shumake

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

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

SB 32. By Senators Stumbaugh of the 55th, Taylor of the 12th, Land of the 16th and others:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to pro-

250

JOURNAL OF THE SENATE

vide that the Commissioner of Insurance shall provide by regulation guidelines for determining the value of a motor vehicle under certain circumstances; to pro vide for the content of such regulations; to provide an effective date.

The Senate Committee on Insurance offered the following amendment:

Amend SB 32 by striking from line 21 of page 1 the following: "objective".

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

Senator Allgood of the 22nd offered the following amendment:
Amend SB 32 by adding after the words "actual cash value" on lines 16, 22 and 24, page 1, the following words:
"and fair market value".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

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

Those not voting were Senators:

Kennedy (presiding)

Shumake

Timmons

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

THURSDAY, JANUARY 26, 1989

251

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

SB 49. By Senators Stumbaugh of the 55th, Peevy of the 48th, Kidd of the 25th and others:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rule making, rates, and related organizations with re spect to insurance, so as to provide for a reduction in premium charges for cer tain motor vehicle insurance coverage for persons 55 years of age or older who complete a motor vehicle accident prevention course.

The Senate Committee on Insurance offered the following amendment: Amend SB 49 by striking from line 24 of page 2 the following: "multivehicle". and inserting in its place the following: "vehicle".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bowen Brannon
Cl, ay CCoollleimnsan
Coverdell Dawkins Dean Echols Edge English

Engram Fincher Foster Fuller Garner
Gillis , Hammill Kanis
SHuogwgamrds JKoihdndson
Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th
Ragan of 32nd j^ Scott of 2nd
Scott of 36th
S,, tumb, augh
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Deal

Kennedy (presiding)

Shumake

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

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JOURNAL OF THE SENATE

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

SB 59. By Senators Echols of the 6th, Gillis of the 20th, Coleman of the 1st and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the comprehensive regulation of shellfish; to provide for definitions; to delete certain rights to take shellfish from streams and estuaries; to change certain provisions relating to required records with respect to commercial fishing.

Senator Echols of the 6th offered the following amendment:

Amend SB 59 on page 2, line 13, by striking the word "propogation" and inserting in lieu thereof, "propagation".

On the adoption of the amendment, the yeas were 36, nays 1, and the amendment was adopted.

Senator Echols of the 6th offered the following amendment:
Amend SB 59 by changing on page 16, line 31, from "one" to "two" bushels per day and to change from "three" to "six" bushels.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barn<* Bowen

Fincher Foster Fuller Garner
Gillis Hammill

Burton Clay Coleman Collins Dawkins Dean Echols English Engram

"oward Muggins Johnson Kidd Land Langford McKenzie Newbill Parker Peevy

Perry Phillips Pollard Ragan of 10th
Ragan of 32nd
SSccootttt Qoff 326ndth ,, ^tarr , Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Coverdell Deal

Edge Kennedy (presiding)

Olmstead Shumake

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

THURSDAY, JANUARY 26, 1989

253

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

SB 82. By Senators Barnes of the 33rd, McKenzie of the 14th, Baldwin of the 29th and Broun of the 46th:
A bill to amend the Official Code of Georgia Annotated, so as to change the name of the Department of Industry and Trade to the Department of Industry, Trade, and Tourism; to change the name of the Board of Industry and Trade to the Board of Industry, Trade, and Tourism; to change the title of the commissioner of industry and trade to the commissioner of industry, trade, and tourism.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge English Engram

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker

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

Those not voting were Senators:

Coverdell Deal

Kennedy (presiding)

Shumake

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

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

SB 83. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Chapter 23 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Environmental Facilities Authority Act," relating to the creation of the authority and its program of assisting local governments in meeting their need for environmental facilities, so as to provide for the extension of such pro gram to include assistance for solid waste facilities.

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

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Howard Muggins Johnson Kidd Land Langford Newbill Olmstead Parker

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

Those not voting were Senators:

Broun Hammill Harris

Kennedy (presiding) McKenzie

Peevy Shumake

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

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

SB 84. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," so as to change the definition of land-disturbing activity subject to regulation; to remove the state Soil and Water Conservation Commission and soil and water conservation districts from the rule-making process of the Board of Natural Resources.
Senator Barnes of the 33rd offered the following amendment:
Amend SB 84 by adding following the word and symbol "regulation;" on line 4 of page 1 the following:
"to permit counties and municipalities to enact ordinances more stringent in their re quirements as to subdivisions, shopping centers, and industrial parks;".
By striking the word "remove" from line 4 of page 1 and inserting in lieu thereof the following:
"change the role of".
By deleting from lines 9 through 12 of page 1 the following:
"to delete the requirements for soil and water conservation district approval when the Environmental Protection Division is the issuing authority for permits;".
By redesignating Sections 2 through 10 as Sections 3 through 11, respectively.
By adding following line 8 of page 2 a new Section 2 to read as follows:
"Section 2. Said chapter is further amended by striking in its entirety Code Section 127-4, relating to adoption of comprehensive ordinances relating to land-disturbing activities, and inserting in lieu thereof a new Code Section 12-7-4 to read as follows:

THURSDAY, JANUARY 26, 1989

255

'12-7-4. The governing authority of each county and each municipality shall adopt a comprehensive ordinance establishing the procedures governing land-disturbing activities which are conducted within their respective boundaries. Such ordinances shall be consistent with the standards provided by this chapter and may, with regard to the development and construction of subdivisions, shopping centers, and industrial parks, be more stringent in their requirements. Local governing authorities shall have the authority, by such ordinance, to delegate in whole or in part the responsibilities of the governing authorities, as set forth in this chapter, to any constitutional or statutory local planning and zoning commission.' "
By adding following the word "regulations" on line 18 of page 2 the following:
"shall be developed by the division in consultation with the commission and".
By adding following the word "site" on line 32 of page 2 the following:
"or preclude sedimentation of adjacent streams beyond the levels specified in paragraph (18) of this Code section".
By adding following the word "provided" on line 5 of page 3 the following:
"or such construction is in compliance with the Federal Emergency Management Agency regulations".
By adding following the word "waters" on line 9 of page 3 the following:
"except where a roadway drainage structure must be constructed, provided that ade quate erosion control measures are incorporated in the project plans and specifications and are implemented".
By adding following the word "director" on line 15 of page 3 the following:
"except where a roadway drainage structure must be constructed, provided that ade quate erosion control measures are incorporated in the project plans and specifications and are implemented".
By adding after the word "turbidity" on line 18 of page 3 the following:
"of the storm-water runoff".
By adding following the word "exceed" on line 18 of page 3 the following:
"50 nephelometric turbidity units higher than".
By deleting from lines 18 and 19 of page 3 the following:
"and suspended solids".
By striking from line 19 of page 3 the following:
"levels",
and inserting in lieu thereof the following:
"level".
By adding following the word "discharge" on line 21 of page 3 the following:
"except where a roadway drainage structure must be constructed, the turbidity of the receiving stream downstream of the construction site shall not exceed 60 nephelometric tur bidity units higher than the turbidity level of the receiving stream immediately upstream from the construction site. Downstream turbidity measurements shall be taken at points where the entering discharge is fully mixed with the receiving stream flow".
By striking from line 27 of page 3 the following:

and inserting in lieu thereof the following: "or (c)".

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JOURNAL OF THE SENATE

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

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of the amendment and bill would be sus pended until the next meeting day of the Senate, Friday, January 27.

SB 85. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of public safety personnel, so as to remove the provision of the law subrogating the state to a cause of action for death or disability upon payment of indemnification; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker

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

Those not voting were Senators:

Barnes Garner

Kennedy (presiding)

Shumake

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

The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:

THURSDAY, JANUARY 26, 1989

257

Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 245. By Representatives Robinson of the 96th, Thomas of the 69th, Moultrie of the 93rd, Ware of the 77th, Milam of the 81st and others:
A bill to amend Code Section 14-2-86 of the Official Code of Georgia Annotated, relating to rights and options to purchase shares, so as to provide that a board of directors may determine the terms and conditions of issuance and exercise of rights, options, or warrants; to provide that the term of such rights, options, or warrants may include restrictions or conditions that preclude or limit the exer cise, transfer, or receipt of, or invalidate or void, any such rights, options, or warrants.
The following bill of the House was read the first time and referred to committee:
HB 245. By Representatives Robinson of the 96th, Thomas of the 69th, Moultrie of the 93rd and others:
A bill to amend Code Section 14-2-86 of the Official Code of Georgia Annotated, relating to rights and options to purchase shares, so as to provide that a board of directors may determine the terms and conditions of issuance and exercise of rights, options, or warrants; to provide that the term of such rights, options, or warrants may include restrictions or conditions that preclude or limit the exer cise, transfer, or receipt of, or invalidate or void, any such rights, options, or warrants.
Referred to Committee on Special Judiciary.
The following general bills and resolution of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:
SB 86. By Senators Barnes of the 33rd, McKenzie of the 14th, Baldwin of the 29th and others:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to authorize the Department of Natural Re sources to acquire or construct water supply reservoirs; to authorize the depart ment to operate and maintain projects embracing sources of water supply and the distribution and sale of water and other related facilities to individuals, pub lic and private corporations, and local governments.
Senator Gillis of the 20th moved that SB 86 be committed to the Senate Committee on Natural Resources.
On the motion, the yeas were 41, nays 0; the motion prevailed, and SB 86 was commit ted to the Senate Committee on Natural Resources.
SB 88. By Senators Gillis of the 20th, Echols of the 6th, Kennedy of the 4th and others:
A bill to amend Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, so as to provide requirements relative to the harvest and sale of pine straw; to provide for definitions; to pro vide for findings; to provide for certificates of harvest; to provide that it shall be unlawful to sell or purchase pine straw without certificates of harvest.

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JOURNAL OF THE SENATE

The Senate Committee on Natural Resources offered the following substitute to SB 88:
A BILL
To be entitled an Act to amend Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, so as to provide requirements relative to the harvest and sale of pine straw; to provide for definitions; to provide for find ings; to provide for certificates of harvest; to provide that it shall be unlawful to sell or purchase pine straw without certificates of harvest; to provide for exceptions; to provide for the issuance of certain orders by the director of the State Forestry Commission; to provide for the seizure of pine straw under certain conditions; to provide for construction; to provide for penalties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, is amended by adding at the end thereof a new Article 4 to read as follows:
"ARTICLE 4
12-6-200. As used in this article, the term:
(1) 'Director' means the director of the State Forestry Commission.
(2) 'Harvesting' means the various methods or processes of gathering pine straw for preservation, storage, use, or sale.
(3) 'Landowner' means the person who owns land on which pine straw is harvested or the person having possession, control, or use of such land who has lawful authority to grant permission to harvest pine straw from the land.
(4) 'Person' means an individual, partnership, corporation, association, or any other le gal entity.
(5) 'Pine straw' means the dead needles of coniferous evergreen trees which have sepa rated from the trees to which they were originally attached.
(6) 'Pine straw dealer' means a person who purchases or otherwise obtains pine straw from a seller for the purpose of selling such pine straw at retail or for the purpose of selling such pine straw to another pine straw dealer or for both such purposes. Pine straw dealer also includes any person who purchases pine straw directly from a landowner for the pur pose of selling such pine straw at retail.
(7) 'Seller' means a person who exchanges pine straw for money or for any other valua ble consideration.
12-6-201. The General Assembly finds that:
(1) The natural occurrence of pine straw constitutes a significant economic resource for owners of timbered property;
(2) Such owners have been victimized by continuous and repeated trespasses onto their lands by persons engaged in harvesting pine straw and have been deprived of the economic benefit of such resources; and
(3) The repeated trespasses onto private property by certain persons engaged in the harvesting and baling of pine straw constitute an organized and methodical deprivation of the rights of others, necessitating the enactment of this article.
12-6-202. (a) As a condition of selling pine straw to a pine straw dealer within the State of Georgia, the seller shall obtain and present to the pine straw dealer a certificate of har vest. A certificate of harvest shall be a written or printed document signed by the landowner where the pine straw was harvested granting permission for the harvest of the pine straw. A

THURSDAY, JANUARY 26, 1989

259

certificate of harvest shall be valid for one year. In addition to the permission of the land owner to harvest pine straw, a certificate of harvest shall include the following information:
(1) The name, address, and telephone number of the landowner who granted permission to harvest the load of pine straw;
(2) The name, address, and telephone number of the person who was authorized to harvest the load of pine straw; and
(3) The date and location of the harvest, which shall include the state and county where harvested.
(b) A pine straw dealer who purchases pine straw directly from a landowner shall obtain a landowner's certificate of harvest. A landowner's certificate of harvest shall show the name, address, and telephone number of the landowner and the date and location of the harvest, including the state and county where harvested. A landowner's certificate of harvest shall be signed by the landowner.
12-6-203. (a) It shall be unlawful for any person to sell or offer to sell pine straw to a pine straw dealer or seller within the State of Georgia without presenting to the pine straw dealer or seller a certificate of harvest or landowner's certificate of harvest.
(b) It shall be unlawful for any pine straw dealer or seller within the State of Georgia to purchase pine straw without first obtaining a certificate of harvest or landowner's certificate of harvest from the seller.
12-6-204. The director may issue and enforce written or printed stop sale, stop use, or removal orders to the owners or custodians of any pine straw ordering them to hold the same at a designated place, when the director finds that such pine straw is being offered or exposed for sale in violation of this article, until the law has been complied with and such pine straw has been released, in writing, by the director, or until such violations have been otherwise legally disposed of by written authority. The director shall release pine straw products when the requirements of this article have been complied with.
12-6-205. Any pine straw obtained or offered for sale in violation of this article shall be subject to seizure on the complaint of the director to the superior court of the county in which the pine straw is found. If the court finds the pine straw to be in violation of this article, and orders its condemnation, the pine straw shall be disposed of in any manner consistent with its quantity, the interests of the parties, and the laws of this state, provided that in no instance shall the pine straw be ordered by the court to be disposed of without first giving the person claiming the pine straw an opportunity to apply to the court for release of the pine straw in such manner as to bring it into compliance with this article.
12-6-206. This article shall not be construed so as to affect any farmer or other person harvesting or handling pine straw for home or personal use.
12-6-207. Any person violating any provisions of this article shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Bowen

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JOURNAL OF THE SENATE

Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge English Engram Fincher

Foster Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy

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

Those not voting were Senators:

Fuller Garner

Kennedy (presiding) Phillips

Shumake

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

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

SB 102. By Senator Peevy of the 48th:
A bill to amend Chapter 36 of Title 43 of the Official Code of Georgia Annotated, relating to polygraph examiners, so as to provide for additional rights of poly graph examinees to change certain provisions relating to the preservation of records of polygraph examinations; to provide for applicability of said chapter; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bwen
Coleman C o lli ns Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller
Gillis Hammill Harris Howard
Hu^ins Johnson Kidd Land Langford McKenzie Newbill Parker

Peevy Perry Phillips Pollard Ragan of I0th
Ragan of 32nd Ray Scott of 2nd Scott of 36th
Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

THURSDAY, JANUARY 26, 1989

261

Those not voting were Senators:

Garner Kennedy (presiding)

Olmstead

Shumake

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

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

SB 105. By Senators Gillis of the 20th, Perry of the 7th, Echols of the 6th and Hammill of the 3rd:
A bill to amend Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to seafood and salt-water fishing in general, so as to provide for the opening and closing of the salt waters of this state as to fishing for certain fish; to establish creel and size limits as to certain fish; to provide for related matters; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bwen Brannon
*BQ,TM urto?n Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller
Gillis Hammill
H,,Hoarwriasrd, Hu^ins Johnson Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard
Ragan of 10th Ragan of 32nd
RS,, caoytt of,. ,,2nd, Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Garner Kennedy (presiding)

Shumake

Taylor

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

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

SB 106. By Senators Gillis of the 20th, Perry of the 7th, Echols of the 6th and Hammill of the 3rd:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to acts constituting crimi-

262

JOURNAL OF THE SENATE

nal trespass on public hunting or fishing areas; to limit the shell size and increase the shot size for hunting certain animals; to change certain creel and possession limits of fish; to change provisions relating to mountain trout taken from certain reservoirs.
The Senate Committee on Natural Resources offered the following amendment:
Amend SB 106 on Page 2, line 11, by deleting "-4-",
and by inserting in lieu thereof the following: "-4-".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Gillis Hammill Harris Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker

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

Those not voting were Senators:

Fuller Garner

Howard Kennedy (presiding)

Shumake

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

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

SB 116. By Senators Deal of the 49th and English of the 21st:
A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide for inspection war rants and the practices, procedures, and requirements connected with the issu ance, execution, and return thereof; to provide for notices; to provide for applica tions; to provide for time limits.

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

THURSDAY, JANUARY 26, 1989

263

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Bwen B rannon
TMTMn QJ
Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster
Gillis Hammill Harris
Howard Huggins
Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker

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

Those not voting were Senators:

Fuller Garner

Kennedy (presiding)

Shumake

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

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

SB 117. By Senators Deal of the 49th and English of the 21st:
A bill to amend Article 3 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Meat Inspection Act," so as to provide for the inspection of certain facilities and establishments; to provide for the inspection of certain carcasses, parts thereof, meat, meat food products, containers, and packaging; to provide for additional powers of the Commissioner of Agriculture and his delegate.

The Senate Committee on Agriculture offered the following amendment: Amend SB 117 by adding following the word "packaging" on line 6 of page 1 the following: "; to change certain exemptions". By striking line 17 of page 3 and inserting in lieu thereof the following: "retail in numbers not to exceed 2,500 rabbits per".

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

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

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

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JOURNAL OF THE SENATE

*if,c;'

Those voting in the affirmative were Senators:

'i8|.ffi

Albert

English

Peevy

^

Allgood

Engram

Perry

'":

Baldwin

Fincher

Phillips

Barnes

Foster

Pollard

Bowen

Fuller

Ragan of 10th

Brannon

Gillis

Ragan of 32nd

Broun

Hammill

Ray

:

Burton

Harris

Scott of 2nd

:

Clay

Huggins

Scott of 36th



Coleman

Johnson

Starr

Collins

Kidd

Stumbaugh

Coverdell

Land

Tate

Dawkins

Langford

Taylor

Deal

McKenzie

Timmons

Dean

Newbill

Turner

Echols

Olmstead

Tysinger

Edge

Parker

Walker

Those not voting were Senators:

Barker Garner

Howard Kennedy (presiding)

Shumake

fei

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

S;

';

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

SB 118. By Senator Brannon of the 51st:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to authorize persons who operate motorcycles to wear headsets or headphones for communication purposes only.

;

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

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

Those voting in the affirmative were Senators:

Albert

Allgood

Baldwin

Barker

Barnes

Bowen

Brannon

Broun

Burton

-:,

Clay

]

Collins

/j

Coverdell

';?

Dawkins

3

Deal

5

Dean

Echols Edge English Fincher Foster Fuller Gillis Hammill Harris
Howard Huggins Johnson Kidd Land McKenzie

Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor

THURSDAY, JANUARY 26, 1989

265

Timmons Turner

Tysinger

Walker

Those voting in the negative were Senators:

Coleman

Engram

Langford

Those not voting were Senators:

Garner Kennedy (presiding)

Newbill

Shumake

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

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

SB 122. By Senators Bowen of the 13th, Timmons of the llth, Parker of the 15th and Perry of the 7th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to require newly ap pointed chiefs of police and heads of law enforcement units to attend a law en forcement chief executive training class; to provide for funding.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Kidd Land Langford McKenzie Newbill Olmstead

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

Those not voting were Senators:

Garner Johnson

Kennedy (presiding) Shumake

Walker

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

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JOURNAL OF THE SENATE

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

SR 12. By Senator Kidd of the 25th:
A resolution recognizing the month of May, 1989, as "Motorcycle Awareness and You Month" in Georgia.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Gillis Harris Howard Huggins Kidd Land Langford McKenzie Newbill Olms tead Parker

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

Voting in the negative was Senator Johnson.

Those not voting were Senators:

Barnes Garner

Hammill Kennedy (presiding)

Shumake Walker

On the adoption of the resolution, the yeas were 49, nays 1.

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

HB 98. By Representative McDonald of the 12th:
A bill to provide supplementary appropriations to the Department of Medical Assistance for the remainder of the State Fiscal Year ending June 30, 1989, for the payment of provider claims chargeable to State Fiscal Year 1988.
Senate Sponsor: Senator Starr of the 44th.

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

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

Those voting in the affirmative were Senators:

Albert

Allgood

Baldwin

THURSDAY, JANUARY 26, 1989

267

Barker

;*-it's.:

Barnes Bowen

Brannon

Broun

Burton

Clay

Coleman

Collins

Coverdell

Dawkins

Deal

Dean

Echols

Edge

English

Engram

Fincher Foster Fuller Gillis Hammill Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy

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

Those not voting were Senators:

Garner Harris

Kennedy (presiding)

Shumake

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

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

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 1:00 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Friday, January 27, 1989 Tenth Legislative Day
The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator 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 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 270. By Representatives Jamieson of the llth and Dover of the llth: A bill to amend an Act providing for a new charter for the Town of Martin, so as to change certain provisions relating to the election of the mayor; to change cer tain provisions relating to the taking of office by certain municipal officers.
HB 297. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Lowndes County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 304. By Representative Harris of the 84th: A bill to amend an Act creating a three-member board of commissioners for McDuffie County, so as to change the provisions relating to the compensation and expense allowance of members of the board.
HB 305. By Representative Harris of the 84th: A bill to amend an Act placing the county officers of McDuffie County on an annual salary, so as to change the annual salary of the coroner of McDuffie County.
HB 307. By Representatives Jamieson of the llth and Dover of the llth: A bill to amend an Act creating and establishing the State Court of Habersham County, so as to provide for a secretary for the judge of such court.
HB 326. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to amend an Act placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the clerical help allowance of the judge of the pro bate court and the clerk of the superior court.

FRIDAY, JANUARY 27, 1989

269

HB 327. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount payable for clerical help in the office of the tax commissioner.
HB 159. By Representatives Buck of the 95th, Lane of the lllth, Stancil of the 66th, Stephens of the 68th, Cheeks of the 89th and others:
A bill to amend Article 3 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to voluntary deductions from wages or salaries of state em ployees for benefit of charitable organizations, so as to specifically include the board of regents and all units of the university system in the definition of state agencies participating in the program and authorized to make deductions from the salaries or wages of their employees.
HB 160. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A bill to amend Code Section 20-3-391 of the Official Code of Georgia Annotated, relating to the authorization and applicability of the state student incentive grant program, so as to remove the maximum amount of the grant and authorize the board of directors of the Georgia Student Finance Authority to establish the maximum award subject to state appropriations.
HB 110. By Representatives Watson of the 114th, Murphy of the 18th, Walker of the 115th, Edwards of the 112th, McDonald of the 12th and others:
A bill to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, so as to create the Georgia Aviation Hall of Fame; to provide for a board and its membership; to provide for reimbursement for expenses incurred by members of the board; to provide for personnel, space, equipment, and supplies.
HB 2. By Representative Bostick of the 138th:
A bill to amend Code Section 17-10-3 of the Official Code of Georgia Annotated, relating to punishment for misdemeanors generally, so as to increase the amount of the fine for certain misdemeanors.
HB 19. By Representatives Bostick of the 138th and Groover of the 99th:
A bill to amend Code Section 17-7-91 of the Official Code of Georgia Annotated, relating to the establishment of a date of arraignment in criminal cases, so as to change the provisions regarding notice of the date which has been fixed for arraignment.
HB 32. By Representative Isakson of the 21st:
A bill to amend Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public administration, so as to provide that the giving of a false date of birth to a law enforcement officer with the intent to mislead such officer shall be a misdemeanor.
HB 146. By Representatives Colwell of the 4th, Twiggs of the 4th, Foster of the 6th, Steele of the 97th, Athon of the 57th and others:
A bill to amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of the licenses of habitually negligent, incom petent, or dangerous drivers, so as to revise the points assessed for certain offenses.

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HB 49. By Representatives Rainey of the 135th, Moody of the 153rd, Holcomb of the 72nd, Meadows of the 91st, McKelvey of the 15th and others:
A bill to amend Code Section 52-7-3 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia Boat Safety Act," so as to de fine the term "sailboard"; to redefine the term "vessel" so as to exempt sailboards from such definition.
HB 56. By Representatives Rainey of the 135th, Walker of the 115th, Groover of the 99th, Barfoot of the 120th and Titus of the 143rd:
A bill to amend Code Section 27-1-6 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, so as to permit the placing of the proceeds from the mandatory purchase of official Geor gia waterfowl stamps in the Waterfowl Stamp Fund; to amend Code Section 272-6 of the Official Code of Georgia Annotated, relating to trout stamps and big game licenses, so as to make it unlawful, subject to certain exceptions, to hunt ducks, geese, and swans without an official Georgia waterfowl stamp.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 192. By Senator Brannon of the 51st:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change the provisions relating to the requirement that coroners take an annual training course; to change the amount of annual training required for certified coroners; to provide an effective date. Referred to Committee on Governmental Operations.
SB 193. By Senator Brannon of the 51st:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the definition of certain terms used in such title; to change the provisions relating to the sale, purchase, or transportation of game fish generally. Referred to Committee on Natural Resources.
SB 194. By Senators Foster of the 50th, Deal of the 49th, Walker of the 43rd and others:
A bill to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies, so as to create a Georgia State Games Commission; to define certain terms; to provide for purpose; to provide for the composition of the commission; to provide for the appointment and quali fications of members; to provide for the election of a chairman; to provide for meetings. Referred to Committee on Governmental Operations.
SB 195. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 40-5-54 of the Official Code of Georgia Annotated, relating to mandatory suspension of drivers' licenses, so as to change certain provisions relating to offenses which require such mandatory suspension. Referred to Committee on Special Judiciary.
SB 196. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to the offense of fleeing or attempting to elude police officers, so as to

FRIDAY, JANUARY 27, 1989

271

|S

provide for an increased criminal penalty in cases involving injuries to other

|

persons.

}ft.

Referred to Committee on Special Judiciary.

SB 197. By Senators Peevy of the 48th, Deal of the 49th and Howard of the 42nd:
A bill to amend Code Section 15-9-36 of the Official Code of Georgia Annotated, relating to clerks and chief clerks of the probate court, so as to authorize certain clerks or chief clerks to perform marriage ceremonies.
Referred to Committee on Governmental Operations.

;

SB 198. By Senators English of the 21st and Gillis of the 20th:

A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to change the definition of certain terms; to change the provisions relating to qualifications of applicants generally; to require appli cants for licensure as apprentice auctioneers or auctioneers to submit bonds; to provide that bonds shall be payable to the commission.

Referred to Committee on Agriculture.

SB 199. By Senators Starr of the 44th, Deal of the 49th and Collins of the 17th:

:.'

A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated,

relating to motor vehicle accident insurance, so as to provide that the period of

j-r

incarceration for violating the provisions of Code Section 33-34-12 shall be

i'i'j:

increased.

rS's!

Referred to Committee on Insurance.

:.'

SB 200. By Senators Starr of the 44th, Deal of the 49th and Collins of the 17th:

A bill to amend Code Section 40-5-121 of the Official Code of Georgia Annotated,

"

relating to driving a motor vehicle while license suspended or revoked, and Code

Section 40-6-390, relating to the serious offense of reckless driving, so as to

change the periods of incarceration and the amounts of fines which may be im

posed for violations of said Code sections.

Referred to Committee on Judiciary.

SB 201. By Senators Phillips of the 9th and Peevy of the 48th:
A bill to repeal an Act creating the Gwinnett County Public Facilities Authority, as amended, by an Act approved April 6, 1981, and an Act approved April 12, 1982.
Referred to Committee on Urban and County Affairs.

SB 202. By Senators Phillips of the 9th and Peevy of the 48th:

A bill to amend an Act creating the Gwinnett County Recreation Authority, as amended, so as to provide that the authority shall not be authorized to issue certain revenue bonds; to provide that certain moneys, proceeds, grants, contri butions, revenues, income, fees, and earnings shall be applied solely for debt service.

;

Referred to Committee on Urban and County Affairs.

v!

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SB 203. By Senators Fuller of the 52nd, Broun of the 46th, Huggins of the 53rd and

$

Fincher of the 54th:

!;-.'*;

A bill to amend Chapter 8 of Title 44 of the Official Code of Georgia Annotated,

';

relating to water rights, so as to provide for a public right of passage in the float-

:'<':

able streams of this state; to define what streams constitute floatable streams; to

272

JOURNAL OF THE SENATE

define criminal offenses involving interference with such right of passage and provide for punishment for such offenses.
Referred to Committee on Natural Resources.
SB 204. By Senators Phillips of the 9th, Peevy of the 48th, Edge of the 28th and others:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled substances and ma rijuana, so as to create a new criminal offense of possessing, manufacturing, de livering, distributing, dispensing, administering, selling, or possessing a con trolled substance or marijuana while on or in proximity to school property or a school bus stop.
Referred to Committee on Special Judiciary.
SB 205. By Senators Tate of the 38th, Kidd of the 25th, Langford of the 35th and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to prohibit for certain pur poses the assessment of certain children based upon certain test instruments, but to authorize other assessments, evaluations, and progress reports; to provide an effective date.
Referred to Committee on Education.
SB 206. By Senators Tate of the 38th, Langford of the 35th, Scott of the 36th and Parker of the 15th:
A bill to amend Subpart 1 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment of certified profes sional school personnel, so as to change certain test requirements and provide for the grant of certain certificates and lifetime status to persons denied such certifi cates or status based solely upon their failure to demonstrate satisfactory profi ciency on certain tests.
Referred to Committee on Education.
SB 207. By Senators Fuller of the 52nd, Peevy of the 48th, Dawkins of the 45th and Edge of the 28th:
A bill to amend Code Section 29-4-2 of the Official Code of Georgia Annotated, relating to natural guardians of minor children, so as to provide that where a personal injury action is brought by a minor child through a natural guardian as next friend, and where the injuries are not permanent in nature, the trial judge may authorize such natural guardian to compromise such claim and to receive sums paid pursuant to a compromise of judgement without filing a bond.
Referred to Committee on Special Judiciary.
SB 208. By Senators Tate of the 38th, Scott of the 36th and Langford of the 35th:
A bill to amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "State Housing Trust Fund for the Homeless Act," so as to require the State Housing Trust Fund for the Homeless Commission, in cooperation with the Department of Human Resources and the Department of Community Affairs, to develop and implement a program to provide shelter and meals to certain homeless persons.
Referred to Committee on Human Resources.

FRIDAY, JANUARY 27, 1989

273

SB 209. By Senators Tate of the 38th, Clay of the 37th, Scott of the 36th and Langford of the 35th:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, and Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to authorize creditable service for certain unused sick leave which is accumulated at the time of retirement. Referred to Committee on Retirement.
SB 210. By Senators Engram of the 34th, Garner of the 30th, Timmons of the llth and others:
A bill to amend Part 5 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Georgia applicable to certain law enforcement personnel, so as to change the provisions applicable to disability allowances payable to certain law enforcement officers; to change the provisions relating to retirement benefits for certain law enforcement officers. Referred to Committee on Retirement.
SR 52. By Senators Tate of the 38th, Kidd of the 25th, Langford of the 35th and others:
A resolution requiring the State Department of Education to investigate hiring practices in the public schools of this state and to take certains actions to in crease the availability of black teachers and other professional school personnel. Referred to Committee on Education.
The following bills of the House were read the first time and referred to committees:
HB 2. By Representative Bostick of the 138th:
A bill to amend Code Section 17-10-3 of the Official Code of Georgia Annotated, relating to punishment for misdemeanors generally, so as to increase the amount of the fine for certain misdemeanors. Referred to Committee on Judiciary.
HB 19. By Representatives Bostick of the 138th and Groover of the 99th:
A bill to amend Code Section 17-7-91 of the Official Code of Georgia Annotated, relating to the establishment of a date of arraignment in criminal cases, so as to change the provisions regarding notice of the date which has been fixed for arraignment. Referred to Committee on Judiciary.
HB 32. By Representative Isakson of the 21st:
A bill to amend Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public administration, so as to provide that the giving of a false date of birth to a law enforcement officer with the intent to mislead such officer shall be a misdemeanor. Referred to Committee on Special Judiciary.
HB 49. By Representatives Rainey of the 135th, Moody of the 153rd, Holcomb of the 72nd and others:
A bill to amend Code Section 52-7-3 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia Boat Safety Act," so as to de-

274

JOURNAL OF THE SENATE

fine the term "sailboard"; to redefine the term "vessel" so as to exempt sailboards from such definition.
Referred to Committee on Natural Resources.
HB 56. By Representatives Rainey of the 135th, Walker of the 115th, Groover of the 99th, Barfoot of the 120th and Titus of the 143rd:
A bill to amend Code Section 27-1-6 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, so as to permit the placing of the proceeds from the mandatory purchase of official Geor gia waterfowl stamps in the Waterfowl Stamp Fund; to amend Code Section 272-6 of the Official Code of Georgia Annotated, relating to trout stamps and big game licenses, so as to make it unlawful, subject to certain exceptions, to hunt ducks, geese, and swans without an official Georgia waterfowl stamp.
Referred to Committee on Natural Resources.
HB 110. By Representatives Watson of the 114th, Murphy of the 18th, Walker of the 115th and others:
A bill to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, so as to create the Georgia Aviation Hall of Fame; to provide for a board and its membership; to provide for reimbursement for expenses incurred by members of the board; to provide for personnel, space, equipment, and supplies.
Referred to Committee on Economic Development and Tourism.
HB 146. By Representatives Colwell of the 4th, Twiggs of the 4th, Foster of the 6th and others:
A bill to amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of the licenses of habitually negligent, incom petent, or dangerous drivers, so as to revise the points assessed for certain offenses.
Referred to Committee on Public Safety.
HB 159. By Representatives Buck of the 95th, Lane of the lllth, Stancil of the 66th and others:
A bill to amend Article 3 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to voluntary deductions from wages or salaries of state em ployees for benefit of charitable organizations, so as to specifically include the board of regents and all units of the university system in the definition of state agencies participating in the program and authorized to make deductions from the salaries or wages of their employees.
Referred to Committee on Higher Education.
HB 160. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A bill to amend Code Section 20-3-391 of the Official Code of Georgia Annotated, relating to the authorization and applicability of the state student incentive grant program, so as to remove the maximum amount of the grant and authorize the board of directors of the Georgia Student Finance Authority to establish the maximum award subject to state appropriations.
Referred to Committee on Higher Education.

FRIDAY, JANUARY 27, 1989

275

HB 270. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act providing for a new charter for the Town of Martin, so as to change certain provisions relating to the election of the mayor; to change cer tain provisions relating to the taking of office by certain municipal officers.
Referred to Committee on Urban and County Affairs.

HB 297. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Lowndes County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
Referred to Committee on Urban and County Affairs.

HB 304. By Representative Harris of the 84th:
A bill to amend an Act creating a three-member board of commissioners for McDuffie County, so as to change the provisions relating to the compensation and expense allowance of members of the board.
Referred to Committee on Urban and County Affairs.

HB 305. By Representative Harris of the 84th:
A bill to amend an Act placing the county officers of McDuffie County on an annual salary, so as to change the annual salary of the coroner of McDuffie County.
Referred to Committee on Urban and County Affairs.

HB 307. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act creating and establishing the State Court of Habersham County, so as to provide for a secretary for the judge of such court. Referred to Committee on Urban and County Affairs.

HB 326. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the clerical help allowance of the judge of the pro bate court and the clerk of the superior court.
Referred to Committee on Urban and County Affairs.

HB 327. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount payable for clerical help in the office of the tax commissioner.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

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

SB 3. Do pass.

SB 6. Do pass.

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JOURNAL OF THE SENATE

SB 159. Do pass by substitute.

SB 171. Do pass.

SB 165. Do pass.

SR 42. Do pass.

SB 169. Do pass.

HB 91. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 140. Do pass by substitute.
Respectfully submitted,
Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following resolu tions and bill of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 35. Do pass. SR 36. Do pass.

SR 39. Do pass. HB 131. Do pass. Respectfully submitted, Senator Coleman of the 1st District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 52. Do pass.
SR 26. Do pass.
Respectfully submitted,
Senator Harris of the 27th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 138. Do pass.
Respectfully submitted,
Senator Harris of the 27th District, Chairman

FRIDAY, JANUARY 27, 1989

277

The following bills and resolutions of the Senate and House were read the second time:
SR 6. By Senator Shumake of the 39th: A resolution creating the Senate Use of the Georgia National Guard to Help Combat Drug Trafficking in Counties and Municipalities Study Committee.
SR 9. By Senator Broun of the 46th: A resolution creating the Senate Postsecondary Vocational Education Labora tory, Equipment, and Library Research Needs Study Committee.
SR 16. By Senators Langford of the 35th, Walker of the 43rd, Shumake of the 39th and others: A resolution relative to the use of the Georgia National Guard to assist in the fight against drugs.
SR 27. By Senators Taylor of the 12th, Land of the 16th, Shumake of the 39th and others: A resolution urging the Commissioner of Insurance to exercise his authority with regard to the capricious and unfair termination of the appointment of property and casualty insurance agents.
SB 13. By Senator Shumake of the 39th: A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to enact the "Georgia Insurance and Educational Reinvestment Act for Aid to Fam ilies with Dependent Children"; to authorize the authority to act as a self-insurer for the purpose of providing death benefits and disability benefits.
SB 39. By Senators Howard of the 42nd and Starr of the 44th: A bill to amend Code Section 31-12-6 of the Official Code of Georgia Annotated, relating to a system for prevention of mental retardation, so as to include a new disorder which causes mental retardation.
SB 50. By Senator Stumbaugh of the 55th: A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to require insurers to accept by-hand delivery of certain affidavits regarding stolen motor vehicles; to provide for criminal penalties for such delivery in cases involving certain false statements.
SB 51. By Senators Turner of the 8th, Harris of the 27th, Walker of the 43rd and McKenzie of the 14th: A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to residential and family farm mortgages, so as to expand legislative findings; to change certain definitions; to expand the scope of purposes for which bonds may be issued by the Georgia Residential Finance Authority; to limit the amounts of certain types of bonds which may be issued.
SB 113. By Senator Foster of the 50th: A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act," so as to provide for certificates of authorization for proprietary schools in lieu of certificates of approval.

278

JOURNAL OF THE SENATE

||

HB 1. By Representatives Smyre of the 92nd, Murphy of the 18th, Hooks of the 116th,

fe;

Lawson of the 9th and Coleman of the 118th:

:?

A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia

Annotated, relating to the levy by counties and municipalities of an excise tax on

charges to the public for rooms, lodgings, and accommodations, so as to change

the rates at which such tax may be levied in certain counties and municipalities

at certain times; to change the periods of time during which the levy of such tax

:

at certain rates is authorized in certain counties and municipalities.

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

Albert Allgood Baldwin Barnes Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kennedy Kidd Land McKenzie

Newbill Olmstead Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Turner Tysinger Walker

Those not answering were Senators:

Barker Bowen Coverdell Howard

Langford Peevy Scott of 36th Shumake

Tate Taylor Timmons

Senator Stumbaugh of the 55th introduced the chaplain of the day, Dr. J. H. Flakes, Jr., pastor of Fourth Street Baptist Church, Columbus, Georgia, who offered scripture read ing and prayer.

The following resolutions of the Senate were read and adopted:

SR 53. By Senators Scott of the 2nd, Coleman of the 1st, Hammill of the 3rd and Ken nedy of the 4th:
A resolution designating Monday, January 30, 1989, as "Savannah Day at the Capitol".

SR 55. By Senators Kennedy of the 4th, Gillis of the 20th and English of the 21st:
A resolution urging the Secretary of Agriculture of the United States to adopt the proposed federal marketing order for Vidalia onions.

Senator Phillips of the 9th moved that the following bill of the Senate be withdrawn

FRIDAY, JANUARY 27, 1989

279

f

from the Senate Committee on Urban and County Affairs (General) and committed to the

&

Senate Committee on Governmental Operations:

SI

SB 179. By Senators Phillips of the 9th and Kidd of the 25th:

A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions affecting counties, so as to provide that certain county officers have the sole authority to select, employ, and discharge necessary personnel; to provide that any contractual or other rights previously acquired or acquired in the future by certain employees of county officers shall be an obliga
tion of the governing authority of the county.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 179 was with drawn from the Senate Committee on Urban and County Affairs (General) and committed to the Senate Committee on Governmental Operations.

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

SENATE LOCAL CONSENT CALENDAR Friday, January 27, 1989
TENTH LEGISLATIVE DAY
(The name listed with the bill is the Senator whose district is affected by the legislation.)

0;

HB 138 Pollard, 24th

5$

Oglethorpe County

.:;':'

To amend an Act creating the Board of Commissioners of Oglethorpe

County, so as to change the compensation of the chairman of the board.

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

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

;

Those voting in the affirmative were Senators:

Albert

Allgood

Baldwin

Barnes

Bowen

Brannon

Burton

Collins

Dawkins

Deal

Dean

Echols

Edge

English

i'v-;

Engram

Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill

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

5,*.

Those not voting were Senators:

vy

Barker

;C

Broun

Clay Coleman

Coverdell Howard

280

JOURNAL OF THE SENATE

Parker Scott of 2nd

Shumake Taylor

Timmons

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

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

SENATE CALENDAR
Friday, January 27, 1989
TENTH LEGISLATIVE DAY
HB 100 Disabled Veterans License Plates--design (D&VA--19th) BILL PLACED ON CALENDAR FOR THE PURPOSE OF ENTERTAINING A MOTION TO DISAGREE WITH THE REPORT OF THE COMMITTEE WHICH WAS UNFAVORABLE TO THE PASSAGE OF THE BILL.
SB 84 Erosion, Sedimentation Act--land-disturbing activity subject to (Amendment) (Nat R--33rd) (Pursuant to Senate Rule 143, final passage of the bill was suspended.)
SB 45 Campaign Contributions--amount not requiring separate reporting (Substitute) (Gov Op--25th)
SB 65 Child Abandonment--relative to suspension of sentences (Corr--30th) SB 66 Escape--change provisions relating to (Corr--30th) SB 67 Probation--40 hour work week in lieu of incarceration (Corr--30th) SB 99 Jekyll Island State Park Authority--additional member (Gov Op--6th)
SB 103 Witness Fees--change provisions on payment, certain law enforcement officers (Substitute) (Judy--49th)
SB 104 Probate Court Judges Council--contract with member for materials (Gov Op--25th)
SB 139 Magistrate Courts--written waivers of extradition (Judy--49th) SR 30 State Lottery--General Assembly provide (Gov Op--25th)
HB 93 Code Revision--provide for correction of errors (Judy--37th)

Senator Ray of the 19th moved that the Senate disagree with the committee report which was adverse to the passage of the following bill of the House:

HB 100. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Code Section 40-2-70 of the Official Code of Georgia Annotated, relating to the design of disabled veterans license plates, so as to authorize the commissioner to provide for the design of such plates.

The President put the motion, "Shall the committee report which was adverse to the passage of HB 100 be agreed to?"

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

Those voting in the negative were Senators:

Albert Allgood Baldwin

Barnes Bowen Brannon

Broun Burton Clay

FRIDAY, JANUARY 27, 1989

281

Coleman Collins Coverdell Dawkins Deal Dean Echols Edge English Engram Fincher Foster Fuller Garner

Gillis Hammill Harris Huggins Johnson Kennedy Land Langford McKenzie Newbill Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Howard

Kidd Shumake

Taylor

On the motion, the yeas were 0, nays 51; the motion was lost, and the committee report which was adverse to the passage of HB 100 was disagreed to.

The following general bill of the Senate, having been read the third time on January 26, and final action suspended until today, pursuant to Senate Rule 143, was put upon its passage:

SB 84. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," so as to change the definition of land-disturbing activity subject to regulation; to remove the state Soil and Water Conservation Commission and soil and water conservation districts from the rule-making process of the Board of Natural Resources.

The amendment to SB 84 offered by Senator Barnes of the 33rd on January 26, as it appears in the Journal of January 26, was automatically reconsidered and put upon its adoption.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun Burton Clay

Collins Coverdell Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins

282

JOURNAL OF THE SENATE

Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray

Scott of 2nd Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Coleman

Scott of 36th Shumake

Taylor

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

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

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

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

SB 45. By Senator Kidd of the 25th:
A bill to amend Code Section 21-5-31 of the Official Code of Georgia Annotated, relating to contributions or expenditures other than through a candidate or cam paign committee, so as to provide that contributions to any candidate from any person which do not exceed $100.99 in the aggregate do not require separate re porting in the county or municipality of such candidate's residence.

The Senate Committee on Governmental Operations offered the following substitute to SB 45:

A BILL
To be entitled an Act to amend Code Section 21-5-31 of the Official Code of Georgia Annotated, relating to contributions or expenditures other than through a candidate or cam paign committee, so as to provide that contributions to any candidate from any person do not require separate reporting in the county or municipality of such candidate's residence; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 21-5-31 of the Official Code of Georgia Annotated, relating to contributions or expenditures other than through a candidate or campaign committee, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsec tion (a) to read as follows:
"(a) Any person who accepts contributions for, makes contributions to, or makes ex penditures on behalf of candidates is subject to the same disclosure requirements of this chapter as a candidate, except that contributions from individuals made directly to a candi date or his campaign committee do not require separate reporting, except that contributions from persons as defined in paragraph (14) of Code Section 21-5-3 which do not exceed $500.00 in the aggregate or which are made to only one candidate, regardless of the amount, do not require separate reporting and except that contributions to any candidate from any person as defined in paragraph (14) of Code Section 21-5-3 do not require separate reporting in the county or municipality of such candidate's residence."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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283

Senator Kidd of the 25th moved that SB 45 be postponed until Monday, January 30.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 45 was post poned until Monday, January 30.

SB 65. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Code Section 19-10-1 of the Official Code of Georgia Annotated, relating to abandonment of a child and penalties therefor, so as to provide proce dures and requirements relative to the suspension of sentences for abandonment; to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relat ing to hearings and determinations on the question of the probation of a defend ant, so as to delete the provisions relating to the suspension of sentences of abandonment.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Echols Edge

English Engram Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

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

Those not voting were Senators:

Dean Fuller

Kennedy (presiding) Shumake

Taylor

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

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

Senator Burton of the 5th introduced Lieutenant Colonel Jack T. Waters, Division Commander of the Salvation Army, who was recognized and commended by SR 46 adopted previously, and he briefly addressed the Senate.

Senator Ray of the 19th introduced Lelia Melisa Ray, the 1988 Georgia Sweet Potato Queen, having been commended by SR 45 adopted previously, who sang an American trilogy for the Senate.

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JOURNAL OF THE SENATE

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

SB 66. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Code Section 16-10-52 of the Official Code of Georgia Annotated, relating to the offense of escape, so as to change the provisions relating to said offense; to provide that revocation of probation for conduct in violation of said Code section shall not preclude an independent criminal prosecution under said Code section; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bowen Brannon
arBroun
Collins Coverdell Dawkins
Deal Dean
Echols

Edge English Engram Fincher Foster
Garner Gilhs
as.Hammill
Johnson Kidd Land
Langford Newbill
Olmstead

Parker Perry Phillips Pollard RaganoflOth Ragan of 32nd R
ay
Tavlor Timmons Turner Tysinger Walker

Those not voting were Senators:

Coleman Fuller Howard

Kennedy (presiding) McKenzie Peevy

Shumake Stumbaugh Tate

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

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

Senator Echols of the 6th introduced the doctor of the day, Dr. Fleming Jolley, of Sea Island, Georgia.

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

SB 67. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Code Section 42-8-72 of the Official Code of Georgia Annotated, relating to community service as a condition of probation, so as to provide an option for the court to order a 40 hour per week work detail in lieu of incarceration; to provide for additional community service hours for disciplinary reasons in lieu of incarceration; to provide an effective date.

FRIDAY, JANUARY 27, 1989

285

ij

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

1

to.

i

i*

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Brannon
BBruorutonn CC,,loa,lyeman Collins Coverdell Deal Dean Echols Edge

English Engram Fincher Foster Fuller
GGialrhnser HTHTuargrgism s Johnson Kidd Land Langford Newbill Olmstead

Parker Peevy Perry Pollard Ragan of 10th
Rj^agan of 32nd o0_co,t,t or,, ooco,t,h ,, Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:



Allgood

J$

Bowen

?:

Dawkins

'

Hammill

Howard Kennedy (presiding) McKenzie Phillips

Scott of 2nd Shumake Tate Walker

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

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

SB 99. By Senators Echols of the 6th, Perry of the 7th, Howard of the 42nd and others:
A bill to amend Code Section 12-3-233 of the Official Code of Georgia Annotated, relating to the members of the Jekyll Island State Park Authority, so as to pro vide for an additional member of said authority; to amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to the conflicts of interest law applicable to public officials and employees, so as to provide for an additional exception to such law.

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

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

Those voting in the affirmative were Senators:

Allgood

;'

Baldwin

.:.-

Barker

fl

Barnes

;<;

Bowen

5;

Brannon

Burton

X

Clay

Collins Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Howard

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JOURNAL OF THE SENATE

Huggins Kidd
Land Langford McKenzie Newbill Olmstead Parker Perry

Phillips Pollard
Ragan of 10th R Qf 32nd _6 Rav Scott of 2nd Scott of 36th Shumake

Starr Stumbaugh
Tate T, _,. J Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Broun Harris

Johnson

Peevy

Those not voting were Senators:

Albert

Coleman

Kennedy (presiding)

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

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

SB 103. By Senators Deal of the 49th and Bowen of the 13th:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to subpoenas and notices to produce, so as to change the provisions on the payment of witness fees for certain law enforcement officers, correctional officers, and similar persons.

The Senate Committee on Judiciary offered the following substitute to SB 103:

A BILL
To be entitled an Act to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to subpoenas and notices to produce, so as to provide for the payment of witness fees for certain law enforce ment officers, correctional officers, and similar persons under certain circumstances; to pro vide a witness fee shall not be paid if overtime pay is received; to provide a definition of regular duty hours; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to subpoenas and notices to produce, is amended by striking Code Section 24-10-27, relating to witness fees for law enforcement officers, correctional officers, and similar persons, and inserting in its place a new Code Sec tion 24-10-27 to read as follows:
"24-10-27. (a) Notwithstanding any other provision in this article, any member of the Georgia State Patrol, Georgia Bureau of Investigation, or municipal or county police force or any deputy sheriff or any correctional officer or any campus policeman as defined in Code Section 20-8-1 or any arson investigator of the state fire marshal's office or a member of a local fire department who shall be required by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involving any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, may be paid for such attendance at a fixed rate of not less than $20.00 per diem. The claim for the witness

FRIDAY, JANUARY 27, 1989

287

fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court attended. The direc tor of the Georgia Bureau of Investigation or his designee, the commanding officer of the Georgia State Patrol or his designee, the chief of police, the sheriff, the superintendent of the institution, the director of public safety of a college or university, or the state fire mar shal or the local fire chief shall certify that the claimant has been paid no additional com pensation nor given any time off on account of such service. The amount due may be paid by the governing body authorized to dispense public funds for the operation of the court. However, no such officer may claim or receive more than one witness fee per day for attend ance in any court or before the grand jury regardless of the number of subpoenas which the officer may have received requiring him to appear in such court or before the grand jury on any one day.
(b) (1) Notwithstanding any other provision in this article except paragraph (2) of this subsection, any member of the Georgia State Patrol, Georgia Bureau of Investigation, or municipal or county police force or any deputy sheriff or any correctional officer or any campus policeman as defined in Code Section 20-8-1 who shall be required by writ of sub poena to attend any court of this state with respect to any civil case, as a witness concerning any matter relative to the law enforcement duties of such officer during any hours except the regular duty hours to which the officer is assigned, may be paid for such attendance at a rate fixed by the court, but not less than the per diem paid grand jurors in the preceding term of the superior court of such county or $20.00 per diem, whichever is greater. Any such officer shall also be entitled to the mileage allowance provided in Code Section 24-10-24 when such officer resides outside the county where the testimony is to be given. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the party obtaining the subpoena. The director of the Geor gia Bureau of Investigation or his designee, the commanding officer of the Georgia State Patrol or his designee, the chief of police, the sheriff, the superintendent of the institution, or the director of public safety of a college or university shall certify that the claimant has been paid no additional compensation nor given any time off on account of such service. The amount due shall be paid by the party obtaining the subpoena.
(2) Any law enforcement officer covered by paragraph (1) of this subsection who is re quired by writ of subpoena to attend any court with respect to any civil case, as a witness concerning any matter which is not related to the law enforcement duties of such officer, shall be compensated as provided in Code Section 24-10-24.
(c) The fee specified by subsections (a) and (b) of this Code section shall not be paid if the law enforcement officer receives any overtime pay for time spent attending such court pursuant to the writ of subpoena.
(d) For the purposes of this Code section, the term 'regular duty hours' means the daily shift of duty to which such officer is assigned and shall not include paid or unpaid vacation, paid or unpaid sick leave, paid or unpaid holiday or any other paid or unpaid leave status established pursuant to the personnel regulations or scheduling practices of the employing agency."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Deal of the 49th offered the following amendment:
Amend the substitute to SB 103 offered by the Senate Committee on Judiciary, by striking line 11 of page 2 and inserting in lieu thereof the following:
"at a fixed rate to be established by the governing authority, but not less than $20.00 per diem".

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JOURNAL OF THE SENATE

By striking lines 25 through 27 of page 2 and inserting in lieu thereof the following:
"fire chief shall certify that the claimant has not received any overtime pay for his attendance and that his attendance was required during hours other than regular duty hours. The amount due may be".
By striking on lines 20 and 21 of page 2 and lines 29 and 31 of page 3 the word "designee" and inserting in lieu thereof the word "designees".
By striking lines 14 through 17 of page 3 and inserting in lieu thereof the following:
"at a fixed rate to be established by the governing authority, but not less than $20.00 per diem. Any such officer shall".
By striking line 34 of page 3 and lines 1 through 3 of page 4 and inserting in lieu thereof the following:
"certify that the claimant has not received any overtime pay for his attendance and that his attendance was required during hours other than regular duty hours."

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

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bowen Brannon B,,B0CC1lrouaolryeut. omnnan Collins Coverdell
Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner
Gillls Hammill HJuHTHoIuoahrgwnrgisasmordjns Kidd Land
Langford McKenzie Newbill Olmstead Parker

Those not voting were Senators:

Fuller

Kennedy (presiding)

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

Peevy Perry Phillips Pollard Ragan of I0th Ragan of 32nd ^ o0S,,ccoo,tt,tt oorfff 302,,,6n.tdj,h Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker
Timmons

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

FRIDAY, JANUARY 27, 1989

289

SB 104. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-15 of the Official Code of Georgia Annotated, relating to The Council of Probate Court Judges of Georgia, so as to provide that under certain conditions such council may contract with a member of the council for the production of certain material and compensate said member for the pro duction of such material.

Senator Allgood of the 22nd offered the following amendment:
Amend SB 104 by adding on line 23, page 1, following the word "council." the following words:
"and made available to the general public and news media."

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols

Edge Engram Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Parker

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

Those not voting were Senators:

English Fuller

Kennedy (presiding) Olmstead

Timmons

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

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

SB 139. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, so as to provide that magistrate courts shall have jurisdiction over the execution or subscribing and the accept ance of written waivers of extradition.

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JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols

Edge Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd 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 not voting were Senators:

English Kennedy (presiding)

Land Newbill

Phillips

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

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

The President resumed the Chair.

SR 30. By Senators Kidd of the 25th and Dawkins of the 45th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assem bly may by law provide for a state lottery, the proceeds from which shall be used for ex penses in support of public education; to provide for the regulation of the state lottery; to prohibit other lotteries; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article I, Section II of the Constitution is amended by striking in its entirety Paragraph VIII, which reads as follows:
"Paragraph VIII. Lotteries. All lotteries, and the sale of lottery tickets, are hereby pro hibited; and this prohibition shall be enforced by penal laws, except that the General As sembly may by law provide that the operation of a nonprofit bingo game shall not be a lottery and shall be legal in this state. The General Assembly may by law define a nonprofit bingo game and provide for the regulation of nonprofit bingo games.", and inserting in lieu thereof a new Paragraph VIII to read as follows:
"Paragraph VIII. Lotteries and nonprofit bingo games, (a) The General Assembly may by law provide for a state lottery and shall by law regulate any state lottery created. Not-

FRIDAY, JANUARY 27, 1989

291

withstanding the provisions of Article III, Section IX, Paragraph VI and Article VII, Section HI, Paragraph II, the net proceeds of a state lottery shall be paid into a separate fund of the state treasury and may be used only for expenses in support of public education in this state. Amounts may be appropriated from such separate fund for such expenses in the gen eral appropriations bill or the General Assembly may provide by general law for automatic appropriations from such separate fund for such expenses. The General Assembly may also provide by general law for up to 5 percent of the net proceeds of a state lottery in each fiscal year to be set aside in a special reserve fund from which amounts may likewise be expended only for expenses in support of public education.
(b) The General Assembly may by law provide that the operation of a nonprofit bingo game shall not be a lottery and shall be legal in this state. The General Assembly may by law define a nonprofit bingo game and provide for the regulation of nonprofit bingo games.

(c) Any other lottery is prohibited, and this prohibition shall be enforced by penal laws."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that the General Assem bly may by law provide for a state lottery, the proceeds from which shall be used for expenses in support of public education?"

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

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Brannon Broun Clay Coleman Coverdell Dawkins Deal Dean Echols English

Engram Foster Fuller Hammill Harris Howard Johnson Kennedy Kidd Land Langford Newbill Olmstead Parker

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

Those voting in the negative were Senators:

Barker Barnes

Burton Collins

Edge Fincher

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JOURNAL OF THE SENATE

Garner Gillis Huggins

McKenzie Perry Phillips

Pollard Starr

On the adoption of the resolution, the yeas were 42, nays 14.

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

Senator Kidd of the 25th moved that SR 30 be immediately transmitted to the House.

On the motion, the yeas were 37, nays 1; the motion prevailed, and SR 30 was immedi ately transmitted to the House.

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

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

HB 93. By Representatives Thomas of the 69th, Groover of the 99th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory por tion of the Official Code of Georgia Annotated, as amended; to provide for neces sary or appropriate revisions and modernizations of matters contained in the Of ficial Code of Georgia Annotated.

Senate Sponsor: Senator Clay of the 37th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun Burton CCloalyeman Collins
Coverdell Dawkins Deal
Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill HHoarwriasrd Huggins
Johnson Kidd Land
Langford McKenzie Newbill

Olmstead Parker Peevy Perry Phillips Pollard Raganof32nd p. aco<t*t. of? 20 ndj fcott of 36th
Shumake Starr Stumbaugh
Taylor Turner Tysinger

FRIDAY, JANUARY 27, 1989

293

Those not voting were Senators:

Barker Kennedy (presiding)

Ragan of 10th Tate

Timmons Walker

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

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

Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. Monday, January 30, and the motion prevailed.

At 11:55 o'clock A.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until Monday, January 30.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, January 30, 1989 Thirteenth Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the proceedings of Friday, January 27, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 294. By Representative Yeargin of the 14th: A bill to amend an Act creating and incorporating the City of Comer, so as to change the provisions regarding vacancies; to change the description of council districts; to change the provisions regarding the election and terms of the mayor and councilpersons.
HB 295. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th: A bill to provide for the number of members and for the election of members of the Board of Education of Lowndes County; to provide for education districts; to provide the manner of electing members of said board; to provide for filling vacancies.
HB 342. By Representatives Birdsong of the 104th and Jenkins of the 80th: A bill to amend an Act reconstituting the board of education of Jones County, so as to change the compensation of the chairman and members of such board.
HB 347. By Representative Parrish of the 109th: A bill to amend the "Emanuel County Development Authority Act," so as to change the provisions relating to exemptions from taxation.
HB 362. By Representatives Milam of the 81st and Ware of the 77th: A bill to repeal an Act creating the Mountville Water Authority, so as to provide for a transfer of the assets and obligations of such Authority to the City of LaGrange.
HB 371. By Representatives Bostick of the 138th and Carter of the 146th: A bill to amend an Act creating of board of commissioners of Tift County, so as to change the date for holding regular sessions of the board.

MONDAY, JANUARY 30, 1989

295

HB 373. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act providing a new charter for the City of Tifton, so as to change the terms of office of the Chairman and Vice-Chairman of the City Commission.
HB 376. By Representatives Dixon of the 128th, Hamilton of the 124th, Johnson of the 123rd, Alien of the 127th, Pannell of the 122nd and others:
A bill to amend an Act incorporating the City of Port Wentworth, so as to change the corporate limits of said city.
HB 378. By Representatives Jones of the 71st, Meadows of the 91st, Ware of the 77th and Yates of the 75th:
A bill to amend an Act reincorporating and providing a new charter for the City of Newnan, so as to change the provisions relating to city elections and the elec tion and terms of the mayor and council members; to provide for the time for holding elections and commencement of terms of office.
HB 410. By Representative Carter of the 146th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Cook County during designated registra tion periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 413. By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to amend an Act creating the office of Tax Commissioner of Polk County, so as to change the provisions relating to the compensation of the tax commissioner.
HB 286. By Representatives Walker of the 115th, Hooks of the 116th, Smyre of the 92nd, Lawson of the 9th, Groover of the 99th and others:
A bill to amend Code Section 21-5-30 of the Official Code of Georgia Annotated, relating to contributions made to candidates or campaign committees, so as to prohibit persons acting on behalf of insurers regulated by the Commissioner of Insurance from contributing to political campaigns of candidates for Commis sioner of Insurance.
HB 208. By Representatives Barnett of the 10th, Jackson of the 9th, Harris of the 84th, Lane of the 27th, Crosby of the 150th and Dixon of the 151st:
A bill to amend Code Section 40-8-73.1 of the Official Code of Georgia Anno tated, relating to affixing of materials which reduce light transmission through motor vehicle windows, so as to prohibit affixing such material to certain win dows and the rear windshield of motor vehicles resulting in a reduction of light transmission to less than 32 percent or resulting in light reflectance of more than 20 percent.
HB 142. By Representative Connell of the 87th:
A bill to amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the "Public Retirement Sys tems Standards Law," so as to provide that a certain amendment to the law pro viding for the Georgia Firemen's Pension Fund shall not be subject to the Public Retirement Systems Standards Law under certain conditions.

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JOURNAL OF THE SENATE

HB 143. By Representatives Connell of the 87th and Cummings of the 17th:
A bill to amend Code Section 47-7-102 of the Official Code of Georgia Annotated, relating to disability benefits under the Georgia Firemen's Pension Fund, so as to change the provisions relating to such disability benefits; to amend Code Section 47-7-124 of the Official Code of Georgia Annotated, relating to limitation of cer tain actions, so as to provide that the Board of Trustees of the Georgia Firemen's Pension Fund shall not assert after April 1, 1989, any claim.
HB 181. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Jones of the 71st, Colbert of the 23rd and others:
A bill to amend Code Section 33-5-25 of the Official Code of Georgia Annotated, relating to the duties of a broker in placing insurance with an unauthorized in surer, so as to provide that a broker shall use current available reliable financial information about unauthorized insurers, to provide conditions for the placement of insurance.
HB 176. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Jones of the 71st, Colbert of the 23rd and others:
A bill to amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to group requirements for life insurance, so as to provide that multiple employer welfare arrangements shall constitute lawful groups for purposes of the delivery of group life insurance.
HB 59. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Patten of the 149th, Goodwin of the 63rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain write-in ballots shall be counted at tabu lating centers; to provide for procedures; to provide that certain poll officers shall not count certain write-in ballots.
HB 62. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Patten of the 149th, Goodwin of the 63rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for mandatory annual training for certain election su perintendents and registrars.
HB 66. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Patten of the 149th, Goodwin of the 63rd and others:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to correct certain citations to federal law.
HB 72. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Patten of the 149th, Goodwin of the 63rd and others:
A bill to amend Code Section 21-2-217 of the Official Code of Georgia Annotated, relating to the form of registration cards, so as to provide for the issuance of a card to registered voters containing certain identification, precinct, and district information; to provide for powers, duties, and authority of the Secretary of State and boards of registrars with respect to such card.
HB 264. By Representatives Rainey of the 135th, Moody of the 153rd, McKelvey of the 15th, Titus of the 143rd and Hudson of the 117th:
A bill to amend Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife, so as to provide that it shall be

MONDAY, JANUARY 30, 1989

297

unlawful to feed alligators or bears except while holding a valid permit or license to possess the animal being fed.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 211. By Senators Kennedy of the 4th and Dawkins of the 45th:
A bill to amend Code Section 42-9-16 of the Official Code of Georgia Annotated, relating to persons permitted to appear or practice before the State Board of Pardons and Paroles, so as to authorize certain persons to serve as representa tives of attorneys in matters before said board. Referred to Committee on Corrections.
SB 212. By Senator Barnes of the 33rd:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide that in cases where a parent who has been awarded custody of a child voluntarily surrenders actual physical custody of the child to the noncustodial parent, such noncus todial parent shall be relieved from any obligation to pay child support for such child until the child is returned to the custodial parent. Referred to Committee on Special Judiciary.
SB 213. By Senator Allgood of the 22nd:
A bill to amend Code Section 40-8-111 of the Official Code of Georgia Annotated, relating to school bus equipment, generally, so as to change the configuration and number of lights required on school buses. Referred to Committee on Public Safety.
SB 214. By Senators Allgood of the 22nd and Bowen of the 13th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act," so as to change the defini tion of a "used car dealer"; to change the composition of the State Board of Registration of Used Car Dealers; to provide for licensure of certain persons op erating as used motor vehicle dealers. Referred to Committee on Public Safety.
SB 215. By Senator Allgood of the 22nd:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding labor and industrial relations, so as to require certain employees to post notices regarding certain rehabilitation services and require the Division of Rehabilitation Services of the Department of Human Resources to furnish the notices; to provide for penalties; to provide effective dates. Referred to Committee on Human Resources.
SB 216. By Senators Dawkins of the 45th, Starr of the 44th and Kennedy of the 4th:
A bill to amend Article 1 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to competency of witnesses to testify, so as to redefine what persons are competent and compellable to testify in the courts and tribunals of this state and provide for determinations of credibility; to repeal specifically Code Section 24-9-5, relating to competency of persons without use of reason. Referred to Committee on Special Judiciary.

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JOURNAL OF THE SENATE

SB 217. By Senators Dawkins of the 45th, Starr of the 44th and Kennedy of the 4th:
A bill to amend Code Section 24-9-20 of the Official Code of Georgia Annotated, relating to testimony by a defendant in a criminal trial, so as to provide that if a defendant in a criminal trial testifies in his own behalf, evidence of his general bad character or prior convictions shall be admissible for purposes of impeach ment. Referred to Committee on Special Judiciary.
SB 218. By Senators Johnson of the 47th, Peevy of the 48th, Howard of the 42nd and Edge of the 28th:
A bill to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to criminal abuse of governmental office, so as to provide for the criminal offense of extortion by public office; to state legislative intent; to provide for penalties; to provide an effective date. Referred to Committee on Judiciary.
SB 219. By Senators Collins of the 17th, Perry of the 7th, Gillis of the 20th and others:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to change certain penalty provisions applicable to the criminal offenses of trafficking in co caine, trafficking in illegal drugs, and trafficking in marijuana; to provide that certain sentences shall not be furloughed. Referred to Committee on Special Judiciary.
SB 220. By Senators Collins of the 17th, Perry of the 7th, Gillis of the 20th and others:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to provide that persons convicted of manufacturing, delivering, distributing, dispensing, ad ministering, selling, or possessing with intent to distribute certain controlled sub stances shall not be eligible for pardon or parole. Referred to Committee on Special Judiciary.
SB 221. By Senators Collins of the 17th, Perry of the 7th, Gillis of the 20th and others:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to persons before whom offenses are bailable, so as to provide that per sons charged with manufacturing, delivering, distributing, dispensing, adminis tering, selling, or possessing with intent to distribute certain controlled sub stances or marijuana shall not be eligible for bail. Referred to Committee on Special Judiciary.
SB 222. By Senators Collins of the 17th, Perry of the 7th, Gillis of the 20th and others:
A bill to amend Code Section 17-10-30 of the Official Code of Georgia Annotated, relating to procedure for imposition of the death penalty, so as to provide for imposition of the death penalty in certain cases involving trafficking in drugs. Referred to Committee on Special Judiciary.
SR 54. By Senator Kidd of the 25th:
A resolution authorizing and directing the conveyance of certain state owned property located in Baldwin County, Georgia; to repeal a specific Act; to provide an effective date. Referred to Committee on Public Utilities.

MONDAY, JANUARY 30, 1989

299

SR 56. By Senators Allgood of the 22nd and Bowen of the 13th:
A resolution creating the Franchised Motor Vehicle Practices Study Committee. Referred to Committee on Public Safety.
SR 57. By Senators Dawkins of the 45th, Starr of the 44th and Kennedy of the 4th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for mandatory prison sentences upon conviction for the felony offense of trafficking in cocaine, illegal drugs, marijuana, or methaqualone; to provide that such sentences shall not be suspended, altered, or modi fied except by a court of competent, jurisdiction reversing the conviction or set ting aside the conviction; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Special Judiciary.
SR 58. By Senators Johnson of the 47th, Peevy of the 48th, Howard of the 42nd and Edge of the 28th: A resolution proposing an amendment to the Constitution so as to provide for the establishment, jurisdiction, operation, and financing of investigative grand juries and trial juries in the judicial circuits; to provide for procedures and other matters related thereto; to provide for the submission of this amendment for rat ification or rejection.
Referred to Committee on Judiciary.
SR 60. By Senators Land of the 16th, Stumbaugh of the 55th, Baldwin of the 29th and others: A resolution creating the Joint Study Committee on Automobile Insurance Costs Containment.
Referred to Committee on Insurance.
SR 62. By Senator Peevy of the 48th: A resolution granting a nonexclusive easement for the construction, operation, and maintenance of an underground transmission line over or under property owned by the State of Georgia in Gwinnett County, Georgia; to provide an effec tive date.
Referred to Committee on Public Utilities.
SR 63. By Senators Scott of the 2nd and Tysinger of the 41st: A resolution authorizing the conveyance of certain state owned real property lo cated in Fulton County, Georgia; to provide an effective date.
Referred to Committee on Public Utilities.
SR 64. By Senators Scott of the 2nd and Tysinger of the 41st: A resolution authorizing the conveyance of certain state owned real property lo cated in Atlanta, Fulton County, Georgia; to provide an effective date.
Referred to Committee on Public Utilities.
SR 65. By Senators Collins of the 17th, Perry of the 7th, Gillis of the 20th and others: A resolution proposing an amendment to the Constitution to authorize the General Assembly, by law, to prohibit the granting or to prescribe the terms and conditions for granting a pardon or parole to persons convicted of manufacturing, delivering, distributing, dispensing, administering, selling, or possessing with intent to distribute a controlled substance or drug in violation of the laws of this

300

JOURNAL OF THE SENATE

5>Jl

state; to provide for the submission of this amendment for ratification or

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rejection.

3*.

Referred to Committee on Special Judiciary.

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

HB 59. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain write-in ballots shall be counted at tabu lating centers; to provide for procedures; to provide that certain poll officers shall not count certain write-in ballots.
Referred to Committee on Governmental Operations.

HB 62. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for mandatory annual training for certain election su perintendents and registrars.
Referred to Committee on Governmental Operations.

HB 66. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the

V';'

93rd and others:

|?

A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated,



relating to elections and primaries generally, so as to correct certain citations to

federal law.

Referred to Committee on Governmental Operations.

HB 72. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others:
A bill to amend Code Section 21-2-217 of the Official Code of Georgia Annotated, relating to the form of registration cards, so as to provide for the issuance of a card to registered voters containing certain identification, precinct, and district information; to provide for powers, duties, and authority of the Secretary of State and boards of registrars with respect to such card.
Referred to Committee on Governmental Operations.

HB 142. By Representative Connell of the 87th:

A bill to amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia

Annotated, relating to miscellaneous provisions of the "Public Retirement Sys

tems Standards Law," so as to provide that a certain amendment to the law pro

viding for the Georgia Firemen's Pension Fund shall not be subject to the Public

:

Retirement Systems Standards Law under certain conditions.

Referred to Committee on Retirement.

HB 143. By Representative Connell of the 87th:

A bill to amend Code Section 47-7-102 of the Official Code of Georgia Annotated,

v

relating to disability benefits under the Georgia Firemen's Pension Fund, so as to

3

change the provisions relating to such disability benefits; to amend Code Section

|;

47-7-124 of the Official Code of Georgia Annotated, relating to limitation of cer-

.1

tain actions, so as to provide that the Board of Trustees of the Georgia Firemen's

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Pension Fund shall not assert after April 1, 1989, any claim.

'"

Referred to Committee on Retirement.

MONDAY, JANUARY 30, 1989

301

HB 176. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to group requirements for life insurance, so as to provide that multiple employer welfare arrangements shall constitute lawful groups for purposes of the delivery of group life insurance.
Referred to Committee on Insurance.
HB 181. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Code Section 33-5-25 of the Official Code of Georgia Annotated, relating to the duties of a broker in placing insurance with an unauthorized in surer, so as to provide that a broker shall use current available reliable financial information about unauthorized insurers, to provide conditions for the placement of insurance.
Referred to Committee on Insurance.
HB 208. By Representatives Barnett of the 10th, Jackson of the 9th, Harris of the 84th and others:
A bill to amend Code Section 40-8-73.1 of the Official Code of Georgia Anno tated, relating to affixing of materials which reduce light transmission through motor vehicle windows, so as to prohibit affixing such material to certain win dows and the rear windshield of motor vehicles resulting in a reduction of light transmission to less than 32 percent or resulting in light reflectance of more than 20 percent.
Referred to Committee on Public Safety.
HB 264. By Representatives Rainey of the 135th, Moody of the 153rd, McKelvey of the 15th, Titus of the 143rd and Hudson of the 117th:
A bill to amend Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife, so as to provide that it shall be unlawful to feed alligators or bears except while holding a valid permit or license to possess the animal being fed.
Referred to Committee on Natural Resources.
HB 286. By Representatives Walker of the 115th, Hooks of the 116th, Smyre of the 92nd and others:
A bill to amend Code Section 21-5-30 of the Official Code of Georgia Annotated, relating to contributions made to candidates or campaign committees, so as to prohibit persons acting on behalf of insurers regulated by the Commissioner of Insurance from contributing to political campaigns of candidates for Commis sioner of Insurance.
Referred to Committee on Insurance.
HB 294. By Representative Yeargin of the 14th:
A bill to amend an Act creating and incorporating the City of Comer, so as to change the provisions regarding vacancies; to change the description of council districts; to change the provisions regarding the election and terms of the mayor and councilpersons.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 295. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th: A bill to provide for the number of members and for the election of members of the Board of Education of Lowndes County; to provide for education districts; to provide the manner of electing members of said board; to provide for filling vacancies.
Referred to Committee on Urban and County Affairs.
HB 342. By Representatives Birdsong of the 104th and Jenkins of the 80th: A bill to amend an Act reconstituting the board of education of Jones County, so as to change the compensation of the chairman and members of such board.
Referred to Committee on Urban and County Affairs.
HB 347. By Representative Parrish of the 109th: A bill to amend the "Emanuel County Development Authority Act," so as to change the provisions relating to exemptions from taxation.
Referred to Committee on Urban and County Affairs.
HB 362. By Representatives Milam of the 81st and Ware of the 77th: A bill to repeal an Act creating the Mountville Water Authority, so as to provide for a transfer of the assets and obligations of such Authority to the City of LaGrange.
Referred to Committee on Urban and County Affairs.
HB 371. By Representatives Bostick of the 138th and Carter of the 146th: A bill to amend an Act creating a board of commissioners of Tift County, so as to change the date for holding regular sessions of the board.
Referred to Committee on Urban and County Affairs.
HB 373. By Representatives Bostick of the 138th and Carter of the 146th: A bill to amend an Act providing a new charter for the City of Tifton, so as to change the terms of office of the Chairman and Vice-Chairman of the City Commission.
Referred to Committee on Urban and County Affairs.
HB 376. By Representatives Dixon of the 128th, Hamilton of the 124th, Johnson of the 123rd, Alien of the 127th and others: A bill to amend an Act incorporating the City of Port Wentworth, so as to change the corporate limits of said city.
Referred to Committee on Urban and County Affairs.
HB 378. By Representatives Jones of the 71st, Meadows of the 91st, Ware of the 77th and Yates of the 75th: A bill to amend an Act reincorporating and providing a new charter for the City of Newnan, so as to change the provisions relating to city elections and the elec tion and terms of the mayor and council members; to provide for the time for holding elections and commencement of terms of office.
Referred to Committee on Urban and County Affairs.
HB 410. By Representative Carter of the 146th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Cook County during designated registra-

MONDAY, JANUARY 30, 1989

303

tion periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
Referred to Committee on Urban and County Affairs.

HB 413. By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to amend an Act creating the office of Tax Commissioner of Polk County, so as to change the provisions relating to the compensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.

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

The Committee on Education 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 14. Do pass by substitute. SB 101. Do pass by substitute.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

Mr. President:

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

SB 132. Do pass.

SB 167. Do pass.

SB 142. Do pass.

HB 92. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

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

SB 161. Do pass.

HB 199. Do pass.

SB 166. Do pass.

HB 236. Do pass.

SB 168. Do pass.

HB 237. Do pass.

SB 176. Do pass.

HB 281. Do pass.

HB 174. Do pass.

HB 283. Do pass.

Respectfully submitted,

Senator Harris of the 27th District, Chairman

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

SR 26. By Senator Barker of the 18th:
A resolution recognizing the Warner Robins Clean Community Commission and urging all communities in Georgia to instill a recycling and land preservation ethic.

304

JOURNAL OF THE SENATE

&

'i&ts

SR 35. By Senator Engram of the 34th:

yii

A resolution designating the "Joel Cowan Parkway".

SR 36. By Senator Engram of the 34th: A resolution designating the "Floy Farr Parkway".

SR 39. By Senator Fincher of the 54th: A resolution designating the William A. Ridley Bridge.

SR 42. By Senators Allgood of the 22nd, Ray of the 19th, Dean of the 31st and others:
A resolution proposing an amendment to the Constitution so as to provide that if any person has been elected to any state, county, or municipal office but has not taken office qualifies for election to any other office, then the office to which such person has been elected shall be declared vacant; to provide for the submission of this amendment for ratification or rejection.

-';

SB 3. By Senator Kidd of the 25th:

A bill to amend Code Section 45-20-8 of the Official Code of Georgia Annotated,

'.:':

relating to procedure for adverse action against permanent status employees gen-

:;.'

erally under the merit system, so as to provide that under certain conditions

;!;

when a permanent status employee appeals an adverse action calling for the dis-

*:

missal of the employee, the employee shall be entitled to his or her regular

:';

compensation.

SB 6. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize officers and employ ees of the state to engage in political activities under certain conditions.

SB 52. By Senator Howard of the 42nd:
A bill to amend Code Section 16-9-55 of the Official Code of Georgia Annotated, relating to fraudulently obtaining or attempting to obtain public housing or a reduction in public housing rent, so as to change the definition of "public hous ing"; to provide an effective date.

SB 140. By Senators Barnes of the 33rd, Dawkins of the 45th, Tysinger of the 41st and others:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the State Construction Industry Licensing Board, so as to provide for the licensing of utility contracting; to provide for legislative purpose; to change and add certain definitions; to provide for an additional Division of Utility Contractors.

SB 159. By Senator Kidd of the 25th:

;

A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to

;i

courts, so as to change the provisions relating to increases in salary based on

i':

longevity in office with respect to the clerks of the superior courts, judges of the

:

probate courts, and sheriffs; to amend Code Section 48-5-183, relating to salaries

i";

of tax collectors and tax commissioners, so as to change the provisions relating to

'

increases in salary.

MONDAY, JANUARY 30, 1989

305

SB 165. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," so as to change the date of the general primary; to repeal certain provisions relating to nonpartisan primaries and to change provisions relating to nonpartisan elections; to change the provisions re lating to procedures for qualification of candidates generally.

SB 169. By Senator Olmstead of the 26th:
A bill to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to municipal corporations only, so as to change the provisions relating to voting upon questions by interested council members; to define the term "personally interested"; to provide an effective date.

SB 171. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to provide for a va cancy in the office of county attorney unless action is taken to reappoint the same person as county attorney following an election of members of the county governing authority; to provide for the appointment and removal of the county attorney.

HB 91. By Representatives Thomas of the 69th, Groover of the 99th and Pettit of the 19th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated.

HB 100. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Code Section 40-2-70 of the Official Code of Georgia Annotated, relating to the design of disabled veterans license plates, so as to authorize the commissioner to provide for the design of such plates.

HB 131. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that no license plate or revalidation decal shall be issued for a rebuilt or salvage vehicle unless such vehicle has been inspected and found in compliance with the law; to repeal Code Section 48-10-3.1 of the Official Code of Georgia Annotated, relating to the issuance of temporary registration permits.

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 English Engram Fincher Foster Garner Gillis Hammill

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JOURNAL OF THE SENATE

Harris Huggins Johnson
e " nedy Land Langford McKenzie Newbill Olmstead

Parker Peevy perry
Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd

Scott of 36th Shumake gtarr
Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not answering were Senators:

Coverdell

Howard

Tate

Fuller (excused)

Senator Starr of the 44th introduced the chaplain of the day, Reverend Harold Withers, pastor of the First Baptist Church, Forest Park, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 59. By Senator Garner of the 30th: A resolution commending Berry Fleming.

SR 61. By Senator Fuller of the 52nd: A resolution commending Frances Frazier.

SR 69. By Senator Garner of the 30th:
A resolution inviting Coach Mac McWhorter and his family to address the Senate.

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

SENATE LOCAL CONSENT CALENDAR Monday, January 30, 1989
THIRTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 161 Kidd, 25th Baldwin County
To place the coroner of Baldwin County on an annual salary; to provide for the payment of such salary; to provide that fees, costs, commissions, allowances, moneys, and other emoluments and perquisites shall become the property of the county; to provide for the payment of such fees and allowances to the county; to require the coroner to submit a budget to the governing authority of Baldwin County.

SB 166 Kidd, 25th Baldwin County
To amend an Act creating county courts, to change the compensation provisions relating to the judge and the solicitor of the State Court of Baldwin County; to

MONDAY, JANUARY 30, 1989

307

provide that the offices of judge and solicitor of the State Court of Baldwin County shall be full-time positions.
SB 168 McKenzie, 14th City of Ideal Macon County Provides a new charter for the City of Ideal.
SB 176 Ragan, 32nd Barnes, 33rd Clay, 37th Newbill, 56th Cobb County Provides for a court administrator of the Cobb Judicial Circuit and provides for the duties, services and compensation thereof; to provide for support personnel for that administrator and provide for their compensation.
HB 174 Clay, 37th City of Acworth Cobb County Provides a new charter for the City of Acworth.
HB 199 Coleman, 1st Scott, 2nd Hammill, 3rd Chatham County To amend an Act creating the State Court of Chatham County, so as to change certain provisions relating to costs and fees.
HB 236 Ragan, 32nd City of Smyrna Cobb County Provides for a $10,000.00 homestead exemption from certain City of Smyrna ad valorem taxes for certain residents 65 years of age or older.
HB 237 Ragan, 32nd City of Smyrna Cobb County Provides for a $10,000.00 homestead exemption from all City of Smyrna ad valorem taxes for certain disabled residents.
HB 281 Kidd, 25th Putnam County Places the coroner of Putnam County upon a monthly salary in lieu of the fee system, so as to change the compensation of the coroner.
HB 283 Ray, 19th Bleckley County Provides for the consolidation of the offices of tax receiver and tax collector of Bleckley County into the office of the tax commissioner of Bleckley County, so as to change the provisions relative to the compensation of the tax commissioner.
The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

308

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Brannon
Corona
Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Gillis Muggins Johnson Kennedy
Land J Langford McKenzie Newbill Olmstead Parker Peevy

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

Those not voting were Senators:

Baldwin Bowen Coleman Fuller (excused)

Garner Hammill Harris

Howard Scott of 2nd Timmons

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

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

Senator Barnes of the 33rd moved that Senator Fuller of the 52nd be excused from all roll calls in the Senate today due to his being absent from the Senate.

On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Fuller of the 52nd was excused from all roll calls in the Senate today.

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
January 27, 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

MONDAY, JANUARY 30, 1989

309

in the Docket of Legislative Appearance for the 1989 Regular Session as of 3:00 p.m. on January 27, 1989. The list is numbered 709 through 811.
Most sincerely, /s/ Max Cleland
Attachment
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 persons numbered 709 through 811, who have registered in the Docket of Legislative Appearance as of January 27, 1989, 3:00 p.m. in accordance with Georgia Law 1970, p. 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 27th day of January, 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.
/s/ Max Cleland Secretary of State
(Seal)

709. Gary E. Jackson 2670 Margaret Mitchell Dr., N.W. Atlanta, Georgia 30327 404/261-1320 Citizen
710. Clifford S. Avery 1230 Mimosa Cir. Mableton, Georgia 30059 404/739-2547 Citizen
711. John H. Haugaard 2400 First Atlanta Tower Atlanta, Georgia 30383 404/656-1800 Farley, Inc.
712. Shirley Brother 119 Pharr Road, NW, #B-2 Atlanta, Georgia 30305 404/237-2366 Citizen
713. Paul L. Shanor 938 Peachtree Street Atlanta, Georgia 30309 404/ 876-7535 Medical Association of Georgia MAG Mutual Insurance Company

714. Rev. Harwood Bartlett 645 Spring Street, N.W. Atlanta, Georgia 30308 404/874-8722 Episcopal Diocese of Atlanta
715. Dave J. Miller 187 Edgewood Avenue, N.E. Atlanta, Georgia 30303 404/577-1060 Citizen
716. Robert L. Scott 115 Perimeter Center Place Suite 415 Atlanta, Georgia 30518 404/668-1126 Lederle Laboratories
717. C. Phillip McDonald 1244 Clairmont Road, Suite 204 Decatur, Georgia 30030 404/634-2850 Mental Health Association of Georgia, Inc.

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718. Albert Chapar, Jr. 325 Kendrick Avenue, S.E. Atlanta, Georgia 30315 404/627-9516 Georgia State University College of Law
719. Wm. D. Padgett Post Office Box 4418 Atlanta, Georgia 30302 404/588-8681 Trust Company of Georgia Suntrust Banks Inc.
720. Fred Menefee 225 Peachtree Street Atlanta, Georgia 30303 404/688-5900 Parley, Inc.
721. Sally Tyler 235 E. Ponce de Leon Decatur, Georgia 30030 404/377-2181 Georgia Abortion Rights Action League
722. Betty J. Grant 2698 Foster Ridge Road Atlanta, Georgia 30345 404/636-0695 Georgia National Organization for Women
723. Lynne A. Randall 580 14th Street, N.W. Atlanta, Georgia 30318 404/351-7105 Georgians for Choice
724. Ann Wells White 145 Fifteenth Street, #1237 Atlanta, Georgia 30361 404/881-6665 Georgians for Choice Georgia Women's Political Caucus Planned Parenthood of the Atlanta Area
725. Dorothy P. Spence 1197 Peachtree Street Atlanta, Georgia 30361 404/873-3207 Georgia Association American Institute of Architects

726. Priscilla Casiolini 342 Nalley Drive Stone Mountain, Georgia 30087 404/923-4171 Citizens and Agencies for Troubled Children Georgia Alliance for the Mentally 111 Mental Health Association of Metro Atlanta
727. Cheri Marie Villines 2218 McCurdy Road Stone Mountain, Georgia 30083 404/938-3436 C.A.T.C.H. DeKalb County Sexual Abuse Task Force
728. Conrad J. Sechler 2355 Main Street Tucker, Georgia 30084 404/938-7911 Georgia Financial Services Association Eagle Bancshares, Inc. Central Underwriters, Inc.
729. Prentiss Q. Yancey 333 Peachtree Road, Suite 1800 East Tower Atlanta, Georgia 30326-1010 404/264-2622 Farley Industries
730. Jacquelyn Harmon Saylor 142 Seventeenth Street, N.E. Atlanta, Georgia 30309 404/892-2430 March of Dimes
731. Peggy A. Ashe Mental Health Assoc. of Ga. 1244 Clairmont Rd., Ste. 204 Decatur, Georgia 30236 404/634-2850 Mental Health Association of Georgia
732. James C. Thompson 1280 Winchester Park, Suite 131 Smyrna, Georgia 30080 404/432-0701 United Auto Workers
733. Deborah L. Sheppard 1083 Austin Avenue Atlanta, Georgia 30307 404/659-5675 Campaign For a Prosperous Georgia

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311

734. Teresa A. Lewis 1022 Old Bush Mill Road Bremen, Georgia 30110 404-537-5292 Citizen Georgia Cable Association
735. J. D. Dennis Post Office Box COBB Marietta, Georgia 30067 404/980-2000 Cobb Chamber of Commerce Civil Air Patrol, Georgia Wing
736. Mary Lou Romaine 374 Maynard Terrace No. 202 Atlanta, Georgia 30316 404-377-8924 Atlanta Federation of Teachers Georgia Federation of Teachers Georgia AFL-CIO
737. Clinch G. Norsworthy, III 200 Forrest Lake Drive, N.W. Atlanta, Georgia 30327 404/255-1969 Georgia Council on Moral and Civic Concerns, Inc.
738. J. P. Harrington, Jr. 39 S. Peachtree Street Norcross, Georgia 30071 404/447-5696 Professional Insurance Agents of Georgia
739. Tiersa Hays Hopkins 208 Sabrina Court Woodstock, Georgia 30188 404/928-6498 Citizen
740. Harold Russell 2400 First Atlanta Tower Atlanta, Georgia 30383 404/656-1800 Farley, Inc. Radar, Inc. Georgia Association of Realtors Eastern Airlines
741. John P. Tucker, Jr. 1800 Peachtree Rd., N.W. #520 Atlanta, Georgia 30309 404/351-0003 Georgia Pro-Life Coalition Fannin County Board of Commissioners

742. Gene Sanders 1280 Winchester Parkway, Suite 131 Smyrna, Georgia 30080 404/432-0701 United Auto Workers Union
743. Billy L. Adams 428 Academy Avenue Dublin, Georgia 31021 912/272-5400 Southeastern Farm & Power Equipment Association
744. Randall Peters 112 Nashville Street Ringgold, Georgia 30736 404/935-3731 Independent Insurance Agents of Georgia
745. Travis Ann Johnson 5775 Glenridge Drive Atlanta, Georgia 30319 404/847-7179 Georgia State University Student Government Citizen
746. Bill Reusing 501 Brookfield Drive Atlanta, Georgia 30342 404/256-2178 Citizen
747. Kip Loggins Suite 900 5605 Glenridge Drive Atlanta, Georgia 30342 404/256-0700 Allstate Insurance Company
748. Roger T. Lane 3581 Habersham At North Lake Tucker, Georgia 30278 404/938-0775 Georgia Oilmen's Association
749. Eddie S. Castleberry 2045 Peachtree Road Atlanta, Georgia 30309 404/352-3922 Farley, Inc.
750. Ida Sue Katz 1288 Briardale Lane, N.E. Atlanta, Georgia 30306 404/377-5694 Fulton County School System

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751. Marshall L. Mitchell Suite 233 142 Mitchell Street Atlanta, Georgia 30303 404/659-5162 Parley Industries
752. Lou Walker 230 Peachtree Street, Suite 1875 Atlanta, Georgia 30303 404/584-7628 Citizen
753. Jack Cory 120 E. Jefferson Street Tallahassee, Fl 32301 904/893-0995 Southern Lobbying Services, Inc. Attwoods, Inc. Medx, Inc. Vesta Technology Industrial Waste Service National Tire Resources, Inc. Alamo Car Rental Inc.
754. David S. Morrison 1000 Circle 75 Parkway Suite 500 Atlanta, Georgia 30332 404/988-9966 Jenkins, Morrison & Scott, Inc.
755. Alan O. Toney 1241 Pitts Road Dunwoody, Georgia 30350 404/873-6881 Georgia Sierra Club
756. H. Lamar Mixson 39th Floor IBM Tower 1201 W. Peachtree Street Atlanta, Georgia 30309 404/881-4171 Parley, Inc.
757. John L. Latham 2 Peachtree Street Atlanta, Georgia 30383 404/656-1863 Parley Inc.
758. Harold B. Mincey 3516 Covington Highway Decatur, Georgia 30032 404/296-5553 Communication Workers of America

759. Reginald Strickland 3109 Crossing Park Post Office Box 129 (Mail) Norcross, Georgia 30091 404/449-5610 Georgia Property & Casualty Insurance Companies Georgia Premium Finance Assn. Georgia Surplus Lines Association
760. Mark A. Newton 1125 Tumlin Street Atlanta, Georgia 30318 404/874-9093 Students for an Educated Georgia
761. Joyce Head 961 Desoto Street, N.W. Apartment 31 Atlanta, Georgia 30314 404/688-1287 Friends
762. Jim Foster 1597 Phoenix Blvd. Atlanta, Georgia 30347 404/991-3750 Georgia Police Benevolent Association
763. Neal H. Ray 1940 Equitable Building Atlanta, Georgia 30303 404/521-2268 Heyman & Sizemore
764. Keyna Dyar Cory 120 East Jefferson Street Tallahassee, Fl 32301 904/893-0995 Southern Lobbying Services, Inc. Attwoods, Inc. Medx, Inc. Vesta Technology Industrial Waste Service National Tire Resources, Inc. Alamo Car Rental Inc.
765. Alex W. Smith 2400 First Atlanta Tower Atlanta, Georgia 30383 404/656-1800 Charles Bartenfeld Parley, Inc.
766. James N. Parkman 233 Peachtree Street, Suite #200 Atlanta, Georgia 30076 404/223-2264 Business Council of Georgia

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313

767. Martha A. Schoonmaker 233 Peachtree Street, Suite #200 Atlanta, Georgia 30303 404/223-2280 Georgia Development Alliance Georgia Industrial Developers Association
768. Lawrence A. Ingwell 2581 Piedmont Road, N.E., S-1150 Atlanta, Georgia 30324 404/262-7701 Georgia Safety Council, Inc.
769. Donald C. Colby Post Office Box 9903 Columbus, Georgia 31908 404/568-5547 United Technologies/Pratt & Whitney
770. Steve Glass 570 Fidelity Nat'1 Bank Bldg. Decatur, Georgia 30033 404/378-7192 Georgia Society of Hospital Pharmacists
771. Deborah Garber Post Office Box 7191 Atlanta, Georgia 30357 404/523-4855 Citizen
772. Jeff Bickerstaff 1821 Iris Drive Columbus, Georgia 31906 404/327-5363 American Family Life
773. Linda M. Wiltse 957 North Highland Avenue Atlanta, Georgia 30306 404/892-3476 Young Women's Christian Association
774. Sharon A. Hunt Suite 200 2786 North Decatur Road Decatur, Georgia 30033 404/299-3559 Georgia Society of Association Executives
775. Vickie Moody Beasley 2719 Buford Hwy #207 Atlanta, Georgia 30324 404/728-0223 Georgia Association of Homes and Services for the Aging

776. Martin J. Benton 2615 Sandy Plains Road Suite 100 Marietta, Georgia 30066 404/977-4673 Liberty Federation Moral Majority of Georgia
777. Richard P. Jones 5038 Lakeside Drive Atlanta, Georgia 30360 404/458-3905 Information Systems Consultants Association, Inc. Southeastern Software Association, Inc.
778. Jill A. Dowling Agnes Scott College Post Office Box 93 Decatur, Georgia 30030 404/371-6605 Citizen
779. J. Render Hill Court Square Greenville, Georgia 30222 404/672-1227 US Telecom
780. Todd Mitchell Krohn 100 Edgewood Ave., N.E. Room 128 Atlanta, Georgia 30303 404/527-7650 Metropolitan Atlanta Crime Commission
781. Hazel C. Cotney 142 Mitchell Street, S.W. Suite LL1 Atlanta, Georgia 30303 404/688-3730 Georgia Chiropractic Association
782. Paul "Mike" Holland, Jr. 2509 Browns Bridge Road Gainesville, Georgia 30501 404/536-6311 Towing and Recovery Association of Georgia
783. Colin S. Braybrooks 230 Houston Street, N.E. Atlanta, Georgia 30303 404/659-3300 United Family Life Insurance Co.

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JOURNAL OF THE SENATE

784. Travis W. Barlow Post Office Box 686 Pooler, Georgia 31322 912/748-6046 Citizen
785. Holden L. Ostrin 2400 First Atlanta Tower Atlanta, Georgia 30383 404/656-1800 Parley, Inc.
786. J. V. "Jim" Spann 1003 Bay Berry Lane Lawrenceville, Georgia 30243 404/962-8867 Georgia Association of Professional Bondsmen
787. J. C. Reynolds 501 Pulliam Street, S.W. Suite 350 Atlanta, Georgia 30312 404/522-0684 Amalgamated Transit Union
788. Jack H. Housworth 1950 Century Boulevard Suite 5 Atlanta, Georgia 30345 404/633-9811 Mechanical Industrial Council
789. Michael Axon 374 Maynard Terrace, S.E., #202 Atlanta, Georgia 30316 404/377-8924 Atlanta Federation of Teachers Georgia Federation of Teachers AFL-CIO
790. Leila Cheney-Pettway 374 Maynard Terrace, S.E. Atlanta, Georgia 30316 404/377-8924 Atlanta Federation of Teachers Georgia Federation of Teachers AFL-CIO
791. James R. Davis 439 Cotton Avenue Macon, Georgia 31201 912/744-7672 Georgia Association of Assessing Officials
792. H. Russell Gross 2045 Peachtree Road, N.E. Atlanta, Georgia 30309 404/351-5054 Voter Information Council

793. Judson W. Patten Richards Junior High School 2892 Edgewood Road Columbus, Georgia 31906 404/561-7360 Georgia Association of Educators Muscogee Association of Educators
794. L. Wayne Lanier 2892 Edgewood Road Columbus, Georgia 31906 404/561-7360 Muscogee Association of Educators
795. Donna 0. Kemp Wynnton Building, Suite #305 2210 Wynnton Road Columbus, Georgia 31906 404/596-0713 Muscogee Association of Educators Georgia Association of Educators
796. Jolene Fike 2210 Wynnton Road Wynnton Building Suite #305 Columbus, Georgia 31906 404/596-0793 Muscogee Association of Educators Georgia Association of Educators
797. Judy Mullins 2210 Wynnton Road Wynnton Building Suite #305 Columbus, Georgia 31906 404/597-0713 Muscogee Association of Educators Georgia Association of Educators
798. Larry W. Shackelford 20 Technology Parkway Suite 160 Norcross, Georgia 30092 404/441-7900 Browning-Ferris Industries of Georgia, Inc. Browning-Ferris Industries, Inc.
799. James A. Pippin, Jr. Eddy Junior High School Columbus, Georgia 31903 404/323-0982 Georgia Association of Educators
800. Dale Toddy 2100 S. Lumpkin Road Columbus, Georgia 31907 404/689-5073 Muscogee Association of Educators

MONDAY, JANUARY 30, 1989

315

801. James A. Cody 4301 Memorial Drive, Suite K Decatur, Georgia 30032 404/292-1955 Georgia Sheriffs Association
802. Donna Roberts 164 Independence Drive Carrollton, Georgia 30117 404/832-3568 Georgia Association of Educators Citizen
803. Gwenda R. Bell 113 Central High Road Carrollton, Georgia 30117 404/834-3386 Georgia Association of Educators Citizen
804. Scott Taylor 4201 Wash Lee Court Lilburn, Georgia 30247 404/381-2488 Georgia State University Law Review
805. John M. Albertine 6300 Sears Tower Chicago, II 60606 404/656-1800 Parley, Inc.
806. William Parley 6300 Sears Tower Chicago, II 60606 404/656-1800 Parley, Inc.

807. Mitchell H. Alien 513 Bristle Cone Drive Macon, Georgia 31210 912/471-1988 American Freedom Fighters Americans For Freedom
808. Winnie Crockett 2011 51st Street Columbus, Georgia 31904 404/327-5155 Georgia Association of Educators Muscogee Association of Educators
809. Brenda E. Bryan 2892 Edgewood Road Columbus, Georgia 31906 404/561-7360 Georgia Association of Educators Muscogee Association of Educators
810. Wanda Bullard Glynn Co. Middle School George Street Brunswick, Georgia 31522 912/267-4150 Georgia Association of Educators
811. Cheryl Gragg Risley Elementary School 1800 Albany Street Brunswick, Georgia 31520 912/267-4166 Georgia Association of Educators Citizen

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

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

HB 63. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Patten of the 149th, Goodwin of the 63rd and others:
A bill to amend Code Section 21-2-213 of the Official Code of Georgia Annotated, relating to qualifications of registrars and deputy registrars, so as to provide that deputy registrars at permanent additional voter registration sites do not have to be residents of the county in which they serve.

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

HB 63. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others:
A bill to amend Code Section 21-2-213 of the Official Code of Georgia Annotated, relating to qualifications of registrars and deputy registrars, so as to provide that

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JOURNAL OF THE SENATE

deputy registrars at permanent additional voter registration sites do not have to be residents of the county in which they serve.
Referred to Committee on Governmental Operations.

SENATE CALENDAR
Monday, January 30, 1989
THIRTEENTH LEGISLATIVE DAY
SB 13 Georgia Insurance and Educational Reinvestment Act for Aid to Families with Dependent Children--enact (Ins--39th)
SB 39 Mental Retardation Prevention--include new disorder (Hum R--42nd) SB 50 Insurers--accept hand delivery, certain affidavits on stolen vehicles (Amend
ment) (Ins--55th)
SB 51 Mortgages--bonds issued by Residential Finance Authority (B&F--8th)
SB 113 Proprietary School Act--certificates of authorization (Ed--50th) SR 6 Senate Use of National Guard to Help Combat Drugs Study Committee
(D&VA--39th) SR 9 Senate Postsecondary Vocational Education Laboratory Study Commit
tee--create (Ed--46th) SR 16 Fight Against Drugs--relative to use of National Guard to assist (D&VA--35th)
SR 27 Property, Casualty Insurance Agent--unfair termination of appointment (Ins--12th)
HB 1 Hotel-Motel Tax--rate, certain counties (Amendment) (B&F--29th) SB 45 Campaign Contributions--amount not requiring separate reporting (Substitute)
(Gov Op--25th)

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

SB 13. By Senator Shumake of the 39th:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to enact the "Georgia Insurance and Educational Reinvestment Act for Aid to Fam ilies with Dependent Children"; to authorize the authority to act as a self-insurer for the purpose of providing death benefits and disability benefits.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay

Coleman Collins Coverdell Deal Dean Edge English Fincher Foster Garner

Gillis Hammill Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill

MONDAY, JANUARY 30, 1989

317

Olmstead Parker Peevy Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake

Starr Stumbaugh Tate Taylor Turner Tysinger

Those voting in the negative were Senators:

Dawkins Engram

Langford

Walker

Those not voting were Senators:

Echols Fuller (excused)

Harris

Timmons

On the passage of the bill, the yeas were 48, nays 4.

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

SB 39. By Senators Howard of the 42nd and Starr of the 44th:
A bill to amend Code Section 31-12-6 of the Official Code of Georgia Annotated, relating to a system for prevention of mental retardation, so as to include a new disorder which causes mental retardation.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Edge
English

Engram Fincher Foster Garner
Gillis Hammill Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Parker
Peevy

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

Those not voting were Senators:

Bowen Echols

Fuller (excused) Harris

Olmstead Ragan of 10th

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

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JOURNAL OF THE SENATE

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

SB 50. By Senator Stumbaugh of the 55th:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to require insurers to accept by-hand delivery of certain affidavits regarding stolen motor vehicles; to provide for criminal penalties for such delivery in cases involving certain false statements.

The Senate Committee on Insurance offered the following amendment:

Amend SB 50 by striking from line 26 of page 1 the following: "felony.""

and inserting in its place the following:
"felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine of not more than $10,000.00, or both.'"

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Coverdell Dawkins Deal Dean Edge

English Engram Foster Garner Gillis Hammill Muggins Johnson Kennedy Kidd Land Langford Newbill 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 not voting were Senators:

Coleman Echols Fincher

Fuller (excused) Harris Howard

McKenzie Phillips

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair. Senator Kennedy of the 4th, President Pro Tempore, who was presiding, introduced

MONDAY, JANUARY 30, 1989

319

Honorable Lindsay Thomas, U.S. Representative from the 1st Congressional District of Georgia, who briefly addressed the Senate.
The following general bills and resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 51. By Senators Turner of the 8th, Harris of the 27th, Walker of the 43rd and McKenzie of the 14th:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to residential and family farm mortgages, so as to expand legislative findings; to change certain definitions; to expand the scope of purposes for which bonds may be issued by the Georgia Residential Finance Authority; to limit the amounts of certain types of bonds which may be issued.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon ^,urton
CCloalvh. ns CDoavwekridnesll
Deal Dean Echols Edge English Engram

Fincher Foster Garner Gillis Hammill Howard Muggins
K^ iddS0n LLaanngdford
McKenzie Newbill Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Rav Scott of 2nd Scott of 36th
Sc humake fStuamir b, augh,
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Broun

Coleman Fuller (excused)

Harris Kennedy (presiding)

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 113. By Senator Foster of the 50th:
A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act," so as to provide for certificates of authorization for proprietary schools in lieu of certificates of approval.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman
Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Hammill Howard Huggins Johnson Kidd Land Langford McKenzie Newbill 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 not voting were Senators:

Fuller (excused) Harris

Kennedy (presiding)

Phillips

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

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

SR 6. By Senator Shumake of the 39th:
A resolution creating the Senate Use of the Georgia National Guard to Help Combat Drug Trafficking in Counties and Municipalities Study Committee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun
Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols

Edge English Engram Foster Garner Gillis Hammill Howard Huggins Johnson Kidd Land Langford Newbill Olmstead Parker Peevy

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

MONDAY, JANUARY 30, 1989

321

Those not voting were Senators:

Fincher Fuller (excused)

Harris Kennedy (presiding)

McKenzie Ray

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

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

SR 9. By Senator Broun of the 46th:
A resolution creating the Senate Postsecondary Vocational Education Labora tory, Equipment, and Library Research Needs Study Committee.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Hammill Howard Huggins Johnson Kidd Land Langford McKenzie Newbill

Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Fuller (excused) Harris Kennedy (presiding)

Phillips Ray

Scott of 2nd Shumake

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

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

SR 16. By Senators Langford of the 35th, Walker of the 43rd, Shumake of the 39th and others:
A resolution relative to the use of the Georgia National Guard to assist in the fight against drugs.

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

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun Burton Clay Coleman Coverdell Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Hammill Howard Huggins Johnson Kidd Land Langford Newbill Olmstead Parker

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

Voting in the negative were Senators Dawkins and Starr.

Those not voting were Senators:

Barker Collins Fuller (excused)

Harris Kennedy (presiding) McKenzie

Peevy Scott of 2nd

On the adoption of the resolution, the yeas were 46, nays 2.

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

Senator Allgood of the 22nd moved that Senator Barker of the 18th be excused from the Senate and all roll calls for the remainder of today's session in order to attend a funeral.

On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Barker of the 18th was excused from the Senate and all roll calls for the remainder of today's session.

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

SR 27. By Senators Taylor of the 12th, Land of the 16th, Shumake of the 39th and others:
A resolution urging the Commissioner of Insurance to exercise his authority with regard to the capricious and unfair termination of the appointment of property and casualty insurance agents.

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

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

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barnes

Bowen Brannon

MONDAY, JANUARY 30, 1989

323

Broun Burton Clay Coleman Collins Coverdell Dawkms DEcehaonls
Edge
English Engram Fincher
Foster Garner

Gillis Hammill Howard Huggins Johnson Kidd Land LMacnKgefonrzdie
Newbill
Parker Peevy Perry
Phillips Pollard

Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr S,,,tumb, augh,
Tat(*
Tay'or Timmons Turner
Tysinger Walker

Those not voting were Senators:

Barker (excused) Deal

Fuller (excused) Harris

Kennedy (presiding) Olmstead

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

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

The President resumed the Chair.

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

HB 1. By Representatives Smyre of the 92nd, Murphy of the 18th, Hooks of the 116th, Lawson of the 9th and Coleman of the 118th:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, and accommodations, so as to change the rates at which such tax may be levied in certain counties and municipalities at certain times; to change the periods of time during which the levy of such tax at certain rates is authorized in certain counties and municipalities.
Senate Sponsor: Senator Baldwin of the 29th.

Senator Broun of the 46th moved that the Senate resolve itself into the Committee of the Whole Senate to hear testimony from G. Hogan, the State Auditor and Dan Graveline, the Executive Director of the World Congress Center.

On the motion, the yeas were 41, nays 0; the motion prevailed.

The President appointed Senator Kennedy of the 4th Chairman of the Committee of the Whole Senate.

At 12:00 o'clock Noon, the Senate resolved itself into the Committee of the Whole Senate to hear testimony from the State Auditor and the Executive Director of the World Congress Center.

The Committee of the Whole Senate was dissolved at 1:00 o'clock P.M., and the Senate reconvened.

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JOURNAL OF THE SENATE

Senator Kennedy of the 4th reported that the Committee of the Whole Senate had discussed HB 1 at length and did not request to sit again.
Consideration of HB 1 was resumed.
The Senate Committee on Banking & Finance offered the following amendment:
Amend HB 1 by striking from line 22 of page 11 the following: "thereof, and inserting in lieu thereof the following: "thereof, and another athletic facility operated primarily as an open-air baseball stadium." Senator Broun of the 46th offered the following amendment: Amend the amendment to HB 1 offered by the Senate Committee on Banking and Finance by striking on line 7 of the amendment the following: "and another" and inserting in lieu thereof the following:

On the adoption of the amendment offered by Senator Broun of the 46th, the yeas were 38, nays 2, and the amendment was adopted.
On the adoption of the amendment offered by the Senate Committee on Banking and Finance, the yeas were 38, nays 0, and the amendment was adopted as amended.
Senators Scott of the 36th, Kidd of the 25th, Deal of the 49th and others offered the following amendment:
Amend HB 1 by inserting between "above." and "Any" on page 9, line 32, the following: "Any such contract shall be required to contain provisions requiring the development of a minority participation plan for the participation of minority businesses in the design, de velopment, construction, maintenance, and operation of such multipurpose domed stadium facility at a level consistent with the minority participation requirements applicable to the governing authority of any county or municipality levying a tax pursuant to this paragraph."
Senator Barnes of the 33rd offered the following amendment: Amend the amendment to HB 1 offered by Senators Scott of the 36th, Kidd of the 25th, Deal of the 49th and others by striking on line 5 the following: "shall be required to" and inserting therein the following: "may";
and by placing a "." after "facility" on line 10; and by striking the balance of the amendment after "facility."
Senator Barnes of the 33rd asked unanimous consent to withdraw his amendment; the consent was granted, and the amendment offered by Senator Barnes of the 33rd was withdrawn.
Senator Scott of the 36th asked unanimous consent to withdraw the amendment offered

MONDAY, JANUARY 30, 1989

325

by Senators Scott of the 36th, Kidd of the 25th, Deal of the 49th and others; the consent was granted, and the amendment was withdrawn.

Senator Olmstead of the 26th offered the following amendment:

Amend HB 1 by adding a new sentence on page 9, line 17, after the word "manner"
to read:
"Such contract or contracts as are referred to in subparagraph (E) shall be subject to competitive bidding practices."

Senator Olmstead of the 26th asked unanimous consent to withdraw his amendment; the consent was granted, and the amendment was withdrawn.

Senator Olmstead of the 26th offered the following amendment:

Amend HB 1 by adding a new sentence on page 11, line 22, following the word "thereof
to read:
"provided that no funding nor obligation for such facility shall exceed a total project cost of 200 million dollars".

On the adoption of the amendment, the yeas were 11, nays 35, and the amendment was lost.

Senator Olmstead of the 26th offered the following amendment:

Amend HB 1 by changing the period following the word "years" on page 11, line 15, to a comma and adding the following:
"provided such obligation shall have been approved by the Georgia State Financing and Investment Commission and the office of the Attorney General."

On the adoption of the amendment, the yeas were 14, nays 33, and the amendment was lost.

Senators Scott of the 36th, Deal of the 49th, Kidd of the 25th and Allgood of the 22nd offered the following amendment:

Amend HB 1 by inserting between "above." and "Any" on page 9, line 32, the following:
"Any such contract shall be required to contain provisions requiring the development of a minority participation plan for the participation of minority businesses in the design, de velopment, construction, maintenance, and operation of such multipurpose domed stadium facility."

On the adoption of the amendment, the yeas were 45, nays 2, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert

Allgood

Baldwin

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JOURNAL OF THE SENATE

Brannon Broun Coleman Coverdell Deal Dean English Engram Fincher Foster

Gillis Hammill Harris Howard Huggins Johnson Kennedy Langford McKenzie

Parker Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Tysinger Walker

Those voting in the negative were Senators:

Barnes Bowen Burton Clay Collins Dawkins Echols Edge

Garner Kidd Land Newbill Olmstead Peevy Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ray Stumbaugh Timmons Turner

Not voting were Senators Barker (excused) and Fuller (excused).

On the passage of the bill, the yeas were 31, nays 23.

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

Senator Broun of the 46th moved that HB 1 be immediately transmitted to the House.

On the motion, the yeas were 36, nays 2; the motion prevailed, and HB 1 was immedi ately transmitted to the House.

Serving as doctor of the day today was Dr. James C. Metts, Jr., of Savannah, Georgia.

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

At 2:05 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

TUESDAY, JANUARY 31, 1989

327

Senate Chamber, Atlanta, Georgia Tuesday, January 31, 1989 Fourteenth Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator 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 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 422. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th: A bill to amend an Act creating a new charter for the City of Oakwood, so as to require the city council to hold an organizational meeting in January following each general municipal election; to change the day of elections; to change the terms of office of the mayor and members of the council.
HB 434. By Representative Poag of the 3rd: A bill to repeal an Act providing for the continued existence of the Board of Education of Murray County.
HB 445. By Representative Poag of the 3rd: A bill to amend an Act providing for the Magistrate Court of Murray County, so as to change the compensation of the chief magistrate and magistrates.
HB 446. By Representative Wall of the 61st: A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to change the provisions relating to the corporate limits of said city.
HB 205. By Representatives Ware of the 77th, Dunn of the 73rd, Lucas of the 102nd, Ricketson of the 82nd, Williams of the 48th and others: A bill to amend Code Section 33-2-11 of the Official Code of Georgia Annotated, relating to the requirement of examination by the Commissioner of Insurance of insurers, rating organizations, and advisory organizations, so as to provide that domestic insurers shall be examined once every three years.
HB 191. By Representative Porter of the 119th: A bill to amend Code Section 15-6-25 of the Official Code of Georgia Annotated, relating to employment of superior court judges' secretaries, so as to provide for the pay level of certain reemployed superior court judges' secretaries.
HB 216. By Representative Buford of the 103rd: A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transactions of insurance,

328

JOURNAL OF THE SENATE

so as to provide that insurers who provide liability or casualty insurance coverage and the insured shall upon the request of a claimant provide certain information to such claimant.
HB 292. By Representatives Bishop of the 94th, Thurmond of the 67th, Randall of the 101st, Abernathy of the 39th and Benn of the 38th:
A bill to amend Code Section 45-19-36 of the Official Code of Georgia Annotated, relating to procedures relative to the filing of a complaint with the administrator of the Office of Fair Employment Practices of an unlawful practice, so as to re quire the administrator of the Office of Fair Employment Practices to issue peri odic status reports with respect to complaints of unlawful practices.
HB 322. By Representative Stephens of the 68th:
A bill to amend Code Section 17-8-3 of the Official Code of Georgia Annotated, relating to entry of a nolle prosequi, so as to require personal or written notice to be given to the defendant and the defendant's attorney of entry of a nolle prosequi.
HB 106. By Representatives Oliver of the 53rd, Baker of the 51st and Groover of the 99th:
A bill to amend Article 6 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to trials, so as to provide that in civil jury trials the court may retain one or more of the alternate jurors until the jury has agreed upon a verdict.
HB 5. By Representative Watson of the 114th:
A bill to amend Code Section 10-1-410 of the Official Code of Georgia Annotated, relating to definitions with respect to the sale of business opportunities, so as to change the definition of the term "business opportunity".
HB 178. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Jones of the 71st, Colbert of the 23rd and others:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide for legislative intent; to provide that the Commissioner of Insurance shall compile and distribute to the members of the General Assembly a supplemental annual report on the property and casualty insurance industry.
HB 113. By Representatives Royal of the 144th, Greene of the 130th, Balkcom of the 140th and Holland of the 136th:
A bill to amend Section 21-3-64 of the Official Code of Georgia Annotated, relat ing to the authority of the General Assembly by local law to change terms of office of elected municipal officers, so as to provide additional authority for the enactment of such local laws.
HB 381. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th and Coleman of the 118th:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1989, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.

TUESDAY, JANUARY 31, 1989

329

HB 58. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
A bill to amend Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the issu ance of a special pharmacy permit for pharmacies operated by colleges of phar macy and provide for rules and regulations relating thereto.
HB 206. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Jones of the 71st, Colbert of the 23rd and others:
A bill to amend Chapter 42 of Title 33 of the Official Code of Georgia Annotated, relating to long-term care insurance, so as to allow such insurance to be provided through a rider to a life insurance policy or by inclusion of a long-term care pro vision within a life insurance policy; to provide for applicability; to prohibit in certain policies a requirement of institutionalization prior to the payment of benefits.
HB 271. By Representatives Jamieson of the llth, Dover of the llth, Smith of the 78th, Barnett of the 10th, Porter of the 119th and McDonald of the 12th:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property, so as to increase the applicable occupant load with respect to churches.
HB 217. By Representative Buford of the 103rd:
A bill to amend Code Section 25-3-2 of the Official Code of Georgia Annotated, relating to powers of fire departments in event of emergencies generally, so as to expand the emergency powers of fire departments.
HB 301. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for spe cial license plates for commemorating colleges or universities; to provide that ap plications for such special license plates shall be made to the commissioner.
HB 329. By Representatives Thomas of the 69th, Twiggs of the 4th, Colwell of the 4th and Kilgore of the 42nd:
A bill to amend Code Section 35-2-32 of the Official Code of Georgia Annotated, relating to the jurisdiction and duties of the Georgia State Patrol, so as to pro vide for the authority of the Uniform Division to close an interstate highway in an emergency situation.
HB 57. By Representative Alien of the 127th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to pro vide for the calculation of loss of income benefits in the event the injured insured is the sole shareholder of a professional corporation.
HB 94. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Code Section 42-8-34.1 of the Official Code of Georgia Anno tated, relating to requirements for the revocation of probated or suspended sentences, so as to authorize the court to consider the service of sentences pursu ant to probation revocation in alternatives to include community service, inten sive probation, diversion centers, probation detention centers, special alternative incarceration.

330

JOURNAL OF THE SENATE

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 223. By Senator Ray of the 19th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to certain creditable service under the Employees' Retirement System of Georgia, so as to authorize creditable service for certain military service; to pro vide for payments for such creditable service; to provide for other matters rela tive to the foregoing; to provide conditions for an effective date and for auto matic repeal.
Referred to Committee on Retirement.
SB 224. By Senator Allgood of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that automobile insurance poli cies that provide comprehensive coverage shall provide complete coverage for re pair or replacement of certain damaged safety equipment without regard to any deductible or minimum amount; to provide for definitions.
Referred to Committee on Public Safety.
SB 225. By Senators English of the 21st, Kennedy of the 4th and Pollard of the 24th:
A bill to amend Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to the control of infectious or contagious diseases in live stock, so as to provide for the licensing and inspection of rendering and disposal plants and collection centers; to provide for definitions; to provide for licensing; to provide for construction and sanitation requirements.
Referred to Committee on Agriculture.
SB 226. By Senator Shumake of the 39th:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste handling and disposal, so as to restrict the authority of certain local government authorities to regulate under certain condi tions the storage, collection, transportation, utilization, processing, and disposal of solid waste.
Referred to Committee on Natural Resources.
SB 227. By Senators Tate of the 38th, Langford of the 35th and Coverdell of the 40th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile courts, so as to authorize a program of state subsidies to as sist certain counties in the funding of juvenile intake workers and juvenile proba tion officers; to provide for other matters relative to the foregoing; to provide effective dates.
Referred to Committee on Children and Youth.
SR 67. By Senator Kennedy of the 4th:
A resolution granting a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer system and other utilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Effingham County, Georgia; to provide an effective date.
Referred to Committee on Public Utilities.

TUESDAY, JANUARY 31, 1989

331

SR 68. By Senator Kennedy of the 4th:
A resolution granting a nonexclusive easement for the construction, operation, and maintenance of an electric power substation facility in, on, over, under, upon, across, or through property owned by the State of Georgia in Tattnall County, Georgia; to provide an effective date. Referred to Committee on Public Utilities.
SR 70. By Senator Howard of the 42nd:
A resolution creating the Access to Health Care Commission. Referred to Committee on Human Resources.
The following bills of the House were read the first time and referred to committees:
HB 5. By Representative Watson of the 114th:
A bill to amend Code Section 10-1-410 of the Official Code of Georgia Annotated, relating to definitions with respect to the sale of business opportunities, so as to change the definition of the term "business opportunity". Referred to Committee on Consumer Affairs.
HB 57. By Representative Alien of the 127th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to provide for the calculation of loss of income benefits in the event the injured insured is the sole shareholder of a professional corporation. Referred to Committee on Judiciary.
HB 58. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
A bill to amend Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the issu ance of a special pharmacy permit for pharmacies operated by colleges of phar macy and provide for rules and regulations relating thereto. Referred to Committee on Human Resources.
HB 94. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Code Section 42-8-34.1 of the Official Code of Georgia Anno tated, relating to requirements for the revocation of probated or suspended sentences, so as to authorize the court to consider the service of sentences pursu ant to probation revocation in alternatives to include community service, inten sive probation, diversion centers, probation detention centers, special alternative incarceration. Referred to Committee on Corrections.
HB 106. By Representatives Oliver of the 53rd, Baker of the 51st and Groover of the 99th:
A bill to amend Article 6 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to trials, so as to provide that in civil jury trials the court may retain one or more of the alternate jurors until the jury has agreed upon a verdict. Referred to Committee on Judiciary.

332

JOURNAL OF THE SENATE

HB 113. By Representatives Royal of the 144th, Greene of the 130th and Balkcom of the 140th:
A bill to amend Section 21-3-64 of the Official Code of Georgia Annotated, relating to the authority of the General Assembly by local law; to change terms of office of elected municipal officers, so as to provide additional authority for the enactment of such local laws.
Referred to Committee on Governmental Operations.
HB 178. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide for legislative intent; to provide that the Commissioner of Insurance shall compile and distribute to the members of the General Assembly a supplemental annual report on the property and casualty insurance industry.
Referred to Committee on Insurance.
HB 191. By Representative Porter of the 119th:
A bill to amend Code Section 15-6-25 of the Official Code of Georgia Annotated, relating to employment of superior court judges' secretaries, so as to provide for the pay level of certain reemployed superior court judges' secretaries.
Referred to Committee on Judiciary.
HB 205. By Representatives Ware of the 77th, Dunn of the 73rd, Lucas of the 102nd and others:
A bill to amend Code Section 33-2-11 of the Official Code of Georgia Annotated, relating to the requirement of examination by the Commissioner of Insurance of insurers, rating organizations, and advisory organizations, so as to provide that domestic insurers shall be examined once every three years.
Referred to Committee on Insurance.
HB 206. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Chapter 42 of Title 33 of the Official Code of Georgia Annotated, relating to long-term care insurance, so as to allow such insurance to be provided through a rider to a life insurance policy or by inclusion of a long-term care pro vision within a life insurance policy; to provide for applicability; to prohibit in certain policies a requirement of institutionalization prior to the payment of benefits.
Referred to Committee on Insurance.
HB 216. By Representative Buford of the 103rd:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transactions of insurance, so as to provide that insurers who provide liability or casualty insurance coverage and the insured shall upon the request of a claimant provide certain information to such claimant.
Referred to Committee on Special Judiciary.

TUESDAY, JANUARY 31, 1989

333

^

HB 217. By Representative Buford of the 103rd:

||

A bill to amend Code Section 25-3-2 of the Official Code of Georgia Annotated,

|s

relating to powers of fire departments in event of emergencies generally, so as to

''

expand the emergency powers of fire departments.

Referred to Committee on Public Safety.

HB 271. By Representatives Jamieson of the llth, Dover of the llth, Smith of the 78th, Barnett of the 10th, Porter of the 119th and McDonald of the 12th:

:.

A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated,

relating to buildings presenting special hazards to persons or property, so as to

increase the applicable occupant load with respect to churches.

Referred to Committee on Urban and County Affairs (General).

HB 292. By Representatives Bishop of the 94th, Thurmond of the 67th, Randall of the 101st, Abernathy of the 39th and Benn of the 38th:

A bill to amend Code Section 45-19-36 of the Official Code of Georgia Annotated,

relating to procedures relative to the filing of a complaint with the administrator

of the Office of Fair Employment Practices of an unlawful practice, so as to re

quire the administrator of the Office of Fair Employment Practices to issue peri-

:'

odic status reports with respect to complaints of unlawful practices.

Referred to Committee on Special Judiciary.

!;-

HB 301. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the

%

84th:

ft

A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated,

:.

relating to registration and licensing of motor vehicles, so as to provide for spe-

:

cial license plates for commemorating colleges or universities; to provide that ap

plications for such special license plates shall be made to the commissioner.

Referred to Committee on Transportation.

HB 322. By Representative Stephens of the 68th:
A bill to amend Code Section 17-8-3 of the Official Code of Georgia Annotated, relating to entry of a nolle prosequi, so as to require personal or written notice to be given to the defendant and the defendant's attorney of entry of a nolle prosequi.
Referred to Committee on Special Judiciary.

HB 329. By Representatives Thomas of the 69th, Twiggs of the 4th, Colwell of the 4th and Kilgore of the 42nd:

.

A bill to amend Code Section 35-2-32 of the Official Code of Georgia Annotated,

relating to the jurisdiction and duties of the Georgia State Patrol, so as to pro

vide for the authority of the Uniform Division to close an interstate highway in

an emergency situation.

Referred to Committee on Public Safety.

HB 381. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th and Coleman of the 118th:

;4

A bill to provide supplementary appropriations for the State Fiscal Year ending



June 30, 1989, in addition to any other appropriations heretofore or hereafter

fe

made for the operation of state government and the purposes provided for

':.-

herein.

'-.

Referred to Committee on Appropriations.

334

JOURNAL OF THE SENATE

HB 422. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th: A bill to amend an Act creating a new charter for the City of Oakwood, so as to require the city council to hold an organizational meeting in January following each general municipal election; to change the day of elections; to change the terms of office of the mayor and members of the council.
Referred to Committee on Urban and County Affairs.
HB 434. By Representative Poag of the 3rd: A bill to repeal an Act providing for the continued existence of the Board of Education of Murray County.
Referred to Committee on Urban and County Affairs.
HB 445. By Representative Poag of the 3rd: A bill to amend an Act providing for the Magistrate Court of Murray County, so as to change the compensation of the chief magistrate and magistrates.
Referred to Committee on Urban and County Aifairs.
HB 446. By Representative Wall of the 61st: A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to change the provisions relating to the corporate limits of said city.
Referred to Committee on Urban and County Affairs.
The following report of a standing committee was read by the Secretary: Mr. President:
The Committee on Banking and Finance has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 150. Do pass. SB 151. Do pass as amended.
Respectfully submitted, Senator Turner of the 8th District, Chairman
The following communication from Senator Barker of the 18th, Chairman of the Senate Committee on Children and Youth, was received and read by the Secretary:
The State Senate Atlanta, Georgia 30334
January 30, 1989 Honorable Joe Burton, Vice Chairman Senate Children & Youth Committee State Capitol Atlanta, Georgia Good morning . . . Joe:
I would like for you to Chair the Senate Children and Youth Committee meeting this afternoon at 3:00 p.m.
It is necessary for me to be in Warner Robins to attend the funeral of a very close friend. Enclosed is the agenda for the meeting. By copy of this letter I am notifying the

TUESDAY, JANUARY 31, 1989

335

Secretary of the Senate whereby you will be authorized to sign the bills and committee report.
Thank you for handling this matter for me. Sincerely yours,
/s/ Ed Barker, Chairman
The agenda is as follows:
SB 153 Barker - Testimony of Child Abuse - Victims and Witnesses
HB 29 Alien of the 127th - Reckless Abandonment of Child
HB 111 Oliver of the 53rd - Juvenile Confinement - confined time before transfer
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Children and Youth has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations:
HB 29. Do pass. HB 111. Do pass.
Respectfully submitted, Senator Burton of the 5th District, Vice Chairman
Mr. President:
The Committee on Insurance has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 199. Do pass. Respectfully submitted, Senator Stumbaugh of the 55th District, Chairman
Mr. President:
The Committee on Insurance has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 127. Do pass by substitute. Respectfully submitted, Senator Stumbaugh of the 55th District, Chairman
Mr. President:
The Committee on Public Utilities has had under consideration the following resolu tions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 5. Do pass.

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JOURNAL OF THE SENATE

SR 22. Do pass. SR 25. Do pass.

Respectfully submitted, Senator Scott of the 2nd District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 175. Do pass as amended. SB 181. Do pass as amended. HB 245. Do pass.
Respectfully submitted,
Senator Peevy of the 48th District, Chairman

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

SB 14. By Senators Shumake of the 39th and Tate of the 38th:
A bill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student discipline in public schools, so as to prohibit students from carrying electronic communication devices while in school; to provide for exceptions.

SB 101. By Senator Garner of the 30th:
A bill to amend Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to membership of the Criminal Justice Coordinating Council, so as to provide that the State School Superintendent shall be a member of the council.

SB 132. By Senator Huggins of the 53rd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to provide for a fourth judge of the superior courts of the Lookout Mountain Judi cial Circuit of Georgia; to provide for the election and term of office of said judge; to provide for the powers, duties, jurisdiction, and compensation of said judge.

SB 142. By Senators Turner of the 8th, Bowen of the 13th and Ragan of the 10th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a fourth judge of the superior court of the Southern Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge.

SB 167. By Senators Kennedy of the 4th and Hammill of the 3rd:
A bill to add one additional judge of the Superior Court for the Atlantic Judicial Circuit; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges for each judicial circuit, so as to provide for such additional judge; to provide for the initial appointment and subsequent election of said judge; to provide for all related matters; to provide for an effective date.

TUESDAY, JANUARY 31, 1989

337

HB 92. By Representatives Thomas of the 69th, Groover of the 99th and Pettit of the 19th:
A bill to amend Code Section 16-9-60 of the Official Code of Georgia Annotated, relating to foreclosure fraud, so as to change an incorrect reference within the Code section.

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

Albert Allgood Baldwin Barker Bowen
Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols

Edge Fincher Foster Garner Gillis
Hammill Harris Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead

Those not answering were Senators:

Parker Perry Pollard Ragan of 10th Ragan of 32nd
Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Tysinger Walker

Barnes Coverdell English
Engram

Fuller (excused) Howard Langford
Peevy

Phillips Tate Turner

Senator Peevy of the 48th introduced the chaplain of the day, Dr. Dick Baker, pastor of the First Baptist Church, Duluth, Georgia, who offered scripture reading and prayer.

Senator Hammill of the 3rd introduced the doctor of the day, Dr. David Lawson, of Brunswick, Georgia.

The following resolutions of the Senate were read and adopted:

SR 66. By Senators Fincher of the 54th, Gillis of the 20th, Broun of the 46th and others:
A resolution expressing regret at the passing of Honorable Sam P. McGill, Sena tor from the 24th District.

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JOURNAL OF THE SENATE

SR 71. By Senators Deal of the 49th and Dawkins of the 45th: A resolution commending Michael Cowan.
SR 72. By Senators Deal of the 49th and Dawkins of the 45th: A resolution commending Ben Laseter.
SR 73. By Senators Deal of the 49th and Dawkins of the 45th: A resolution commending Austin Aldridge.
SR 74. By Senators Deal of the 49th and English of the 21st: A resolution commending Andy Johnson.
SR 75. By Senators Deal of the 49th and English of the 21st: A resolution commending Barclay Black.
SR 76. By Senators Deal of the 49th and Broun of the 46th: A resolution commending Dr. Thomas F. Rodgers.
SR 77. By Senators Deal of the 49th and Broun of the 46th: A resolution commending Niki Clifton.
SR 78. By Senators Deal of the 49th, Parker of the 15th and Land of the 16th: A resolution commending Kevin Stone.
SR 79. By Senators Deal of the 49th and Kidd of the 25th: A resolution commending Chap Nelson.
SR 80. By Senators Deal of the 49th and Turner of the 8th: A resolution commending Leigh Sirmans.
SR 81. By Senators Deal of the 49th and Turner of the 8th: A resolution commending Melinda Downing.
SR 82. By Senators Deal of the 49th and Perry of the 7th: A resolution commending the 4-H Poultry Judging Team from Tift County.
SR 83. By Senators Deal of the 49th and Timmons of the llth: A resolution commending Hope Dutton.
SR 84. By Senators Deal of the 49th and Kennedy of the 4th: A resolution commending Susan Smith.
SR 85. By Senators Deal of the 49th and Dean of the 31st: A resolution commending Ms. Tricey Hill.
SR 86. By Senator Broun of the 46th: A resolution commending the University of Georgia football team.
SR 87. By Senator Ragan of the 10th: A resolution commending Ms. Meredith Young and inviting her to appear before the Senate.

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SR 88. By Senator Ragan of the 10th: A resolution commending Ms. Teresa Edwards and inviting her to appear before the Senate.
SR 89. By Senator Ragan of the 10th: A resolution commending the Thomasville High School "Bulldogs" football team.
SR 90. By Senator Shumake of the 39th: A resolution congratulating Bennifee Chappell on his long and prosperous life.
SENATE CALENDAR
Tuesday, January 31, 1989 FOURTEENTH LEGISLATIVE DAY SB 45 Campaign Contributions--amount not requiring separate reporting (Substitute) (Amendment) (Gov Op--25th) SB 3 State Employee Dismissal--compensation while appealing (Gov Op--25th) SB 6 Conflict of Interest--state officers, employees (Gov Op--25th) SB 52 Fraudulently Obtaining Public Housing--redefine "public housing" (U&CA G--42nd) SB 140 Utility Contracting--licensing (Substitute) (I&L--33rd) SB 159 Superior Court Clerks, Probate Court Judges, Sheriffs--salaries (Substitute) (Gov Op--25th) SB 165 General Primary--change date (Gov Op--25th) SB 169 Municipal Corporation--voting by interested council members (Gov Op--26th) SB 171 County Attorney--appointment and removal (Gov Op--2nd) SR 26 Warner Robins Clean Community Commission--recognize (U&CA G--18th) SR 35 Joel Cowan Parkway--designate (Trans--34th) SR 36 Floy Farr Parkway--designate (Trans--34th) SR 39 William A. Ridley Bridge--designate (Trans--54th) SR 42 Certain Elected Official--when qualifying for another office (Gov Op--22nd) HB 91 Elections (Title 21)--correct errors, omissions (Gov Op--49th) HB 100 Disabled Veterans License Plates--design (D&VA--19th) HB 131 Rebuilt, Salvage Vehicle--license plate issuance (Trans--1st)
The following general bill of the Senate, having been read the third time on January 27 and postponed until January 30, was put upon its passage:
SB 45. By Senator Kidd of the 25th: A bill to amend Code Section 21-5-31 of the Official Code of Georgia Annotated, relating to contributions or expenditures other than through a candidate or cam paign committee, so as to provide that contributions to any candidate from any person which do not exceed $100.99 in the aggregate do not require separate re porting in the county or municipality of such candidate's residence.

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The Senate Committee on Governmental Operations offered the following substitute to SB 45:

A BILL
To be entitled an Act to amend Code Section 21-5-31 of the Official Code of Georgia Annotated, relating to contributions or expenditures other than through a candidate or cam paign committee, so as to provide that contributions to any candidate from any person do not require separate reporting in the county or municipality of such candidate's residence; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 21-5-31 of the Official Code of Georgia Annotated, relating to contributions or expenditures other than through a candidate or campaign committee, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsec tion (a) to read as follows:
"(a) Any person who accepts contributions for, makes contributions to, or makes ex penditures on behalf of candidates is subject to the same disclosure requirements of this chapter as a candidate, except that contributions from individuals made directly to a candi date or his campaign committee do not require separate reporting, except that contributions from persons as defined in paragraph (14) of Code Section 21-5-3 which do not exceed $500.00 in the aggregate or which are made to only one candidate, regardless of the amount, do not require separate reporting and except that contributions to any candidate from any person as defined in paragraph (14) of Code Section 21-5-3 do not require separate reporting in the county or municipality of such candidate's residence."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Pollard of the 24th offered the following amendment:
Amend the substitute to SB 45 offered by the Senate Committee on Governmental Op erations by adding in the title on line 6 of page 1, following the word "residence" and pre ceding the semicolon, the following:
"nor in any other county within a candidate's district".
By adding on line 2 of page 2, following the word "residence" and preceding the period, the following:
"nor in any other county within a candidate's district".
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Broun Clay Coleman Collins

Dawkins Deal Dean Echols English Fincher Foster Garner Gillis Hammill

Harris Howard Huggins Johnson Kennedy Kidd Land Langford Olmstead Parker

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341

Peevy Perry Pollard Ragan of 10th Ray

Scott of 2nd Scott of 36th Shumake Starr Stumbaugh

Tate Taylor Turner Tysinger Walker

Those voting in the negative were Senators:

Burton Coverdell

Edge Newbill

Phillips Ragan of 32nd

Those not voting were Senators:

Barnes Engram

Fuller (excused) McKenzie

Timmons

On the passage of the bill, the yeas were 45, nays 6.

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

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

SB 3. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-8 of the Official Code of Georgia Annotated, relating to procedure for adverse action against permanent status employees gen erally under the merit system, so as to provide that under certain conditions when a permanent status employee appeals an adverse action calling for the dis missal of the employee, the employee shall be entitled to his or her regular compensation.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Broun Coleman Dawkins Deal English Fincher

Foster Garner Gillis Hammill Harris Huggins Johnson Kennedy Kidd Langford Olmstead Parker

Peevy Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Tysinger Walker

Those voting in the negative were Senators:

Baldwin Burton Clay Collins Coverdell

Echols Edge Land McKenzie Newbill

Perry Phillips Ragan of 32nd Taylor Turner

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Those not voting were Senators:

Dean Engram

Fuller (excused) Howard

Timmons

On the passage of the bill, the yeas were 36, nays 15. The bill, having received the requisite constitutional majority, was passed.

SB 6. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize officers and employ ees of the state to engage in political activities under certain conditions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brannon Broun Coleman Collins Dawkins Deal Dean Echols English Fincher

Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Langford McKenzie Newbill Olmstead

Parker Peevy Perry Pollard Ragan of 10th Ray Scott of 2nd Shumake Starr Stumbaugh Tate Taylor Turner Walker

Those voting in the negative were Senators:

Albert Baldwin Burton Clay

Coverdell Edge Land Phillips

Ragan of 32nd Scott of 36th Tysinger

Those not voting were Senators:

Engram

Fuller (excused)

Timmons

On the passage of the bill, the yeas were 42, nays 11. The bill, having received the requisite constitutional majority, was passed.

SB 52. By Senator Howard of the 42nd:
A bill to amend Code Section 16-9-55 of the Official Code of Georgia Annotated, relating to fraudulently obtaining or attempting to obtain public housing or a reduction in public housing rent, so as to change the definition of "public hous ing"; to provide an effective date.

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343

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen
nBCluarytton Coleman
Collins Coverdell Dawkins Deal Dean Echols

Edge Fincher Foster Garner Gillis Hammill
g8TM JHKouehvnfnngsemodnsy Kidd
Land McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Rav
Scott of 2nd Sfouchoutmt aok,fe36th btarr
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

English Engram

Fuller (excused) Howard

Langford Stumbaugh

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Howard of the 42nd gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 52.

SB 140. By Senators Barnes of the 33rd, Dawkins of the 45th, Tysinger of the 41st and others:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the State Construction Industry Licensing Board, so as to provide for the licensing of utility contracting; to provide for legislative purpose; to change and add certain definitions; to provide for an additional Division of Utility Contractors.

The Senate Committee on Industry and Labor offered the following substitute to SB 140:

A BILL
To be entitled an Act to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the State Construction Industry Licensing Board, so as to provide for the licensing of utility contracting and certification of utility contracting foremen; to provide for legislative purpose; to change and add certain definitions; to provide for an additional Division of Utility Contractors; to change certain provisions relating to the composition, organization, officers, and powers of the board; to change certain provisions relating to pow ers and duties of the divisions of the board; to provide for license application, examination, issuance, and renewal; to provide for certain notifications; to provide for certificate applica tion and the issuance and renewal of certificates; to provide for financial statements and

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financial standards; to provide for bid limitations; to change certain provisions relating to applicability and exceptions; to prohibit utility contracting work without a utility contractor or utility contracting foreman at the job site; to prohibit unlicensed utility contracting and prohibit opening or considering certain bids for utility contracting and provide penalties therefor; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the State Construction Industry Licensing Board, is amended by striking Code Section 4314-1, relating to legislative purpose, and inserting in lieu thereof a new Code section to read as follows:
"43-14-1. This chapter is enacted for the purpose of safeguarding homeowners, other property owners, tenants, and the general public against faulty, inadequate, inefficient, or unsafe electrical, plumbing, low-voltage wiring, utility contracting, or conditioned air instal lations. The practice of electrical contracting, plumbing contracting, installing, or repairing, low-voltage contracting, utility contracting, and conditioned air contracting are declared to be businesses or professions affecting the public interest; and this chapter shall be liberally construed so as to accomplish the purposes stated in this Code section."
Section 2. Said chapter is further amended by adding at the end of Code Section 43-142, relating to definitions, the following new paragraphs:
"(13) 'Utility contracting' means undertaking to construct, erect, alter, or repair or have constructed, erected, altered, or repaired any utility system.
(14) 'Utility contractor' means an individual who is engaged in utility contracting under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform utility contracting under express or implied contract. An em ployee of a utility contractor who receives only a salary or hourly wage for performing utility contracting shall not be required to be licensed under this chapter, except that those em ployees upon whom the qualification of a partnership or corporation rests pursuant to sub section (b) of Code Section 43-14-8.2 shall be licensed.
(15) 'Utility contracting foreman' means any individual who is employed or engaged by a utility contractor to supervise the construction, erection, alteration, or repair of a utility system.
(16) 'Utility system' means any system at least five feet underground including, but not limited to, water supply systems, sewerage and drainage systems, reservoirs and filtration plants, water and waste-water treatment plants, pump stations, natural gas or other gas systems, electric power systems, and communication systems including cable television."
Section 3. Said chapter is further amended by striking from subsection (c) of Code Section 43-14-3, relating to the creation of the State Construction Industry Licensing Board, the following:
"(c) The board shall be composed of 22 members", and inserting in lieu thereof the following:
"(c) The board shall be composed of 27 members", by striking from the end of para graph (4) of said subsection (c) the following:

and inserting in lieu thereof the following:

by redesignating paragraph (5) of said subsection (c) as paragraph (6), and inserting imme diately prior thereto a new paragraph (5) to read as follows:
"(5) Five members known as the Division of Utility Contractors, three of whom shall be utility contractors, one of whom shall be a registered professional engineer, and one of

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whom shall be an insurance company representative engaged primarily in the bonding of construction projects; and",
and by adding in subsection (d) thereof immediately after the following:
"July 1, 1984, and ending June 30, 1987.", the following:
"Members of the Division of Utility Contractors shall be appointed by the Governor, subject to confirmation by the Senate, for initial terms beginning July 1, 1989, and ending June 30, 1992."
Section 4. Said chapter is further amended by striking subsection (b) of Code Section 43-14-4, relating to meetings and organization of the board, and inserting in lieu thereof a new subsection to read as follows:
"(b) The office of chairman shall be rotated among the five divisions enumerated in Code Section 43-14-3 unless the board, through its rules and regulations, provides otherwise. Any vacancy in the office of chairman shall be filled by the members for the unexpired term. The person selected to fill the vacancy shall be a member of the same division as the previ ous chairman."
Section 5. Said chapter is further amended by striking paragraphs (2) and (4) of Code Section 43-14-5, relating to powers of the board, and inserting in their respective places new paragraphs to read as follows:
"(2) Provide by regulation for reciprocity with other states in the registration and li censing of electrical contractors, master plumbers, journeyman plumbers, low-voltage con tractors, utility contractors, or conditioned air contractors and in the certification of utility contracting foremen, provided that such other states have requirements substantially equal to the requirements in force in this state for registration, licensure, and certification; pro vided, further, that a similar privilege is offered to residents of this state;"
"(4) Establish the policies for regulating the businesses of electrical contracting, plumb ing, low-voltage, utility, and conditioned air contracting; and".
Section 6. Said chapter is further amended by striking subsection (a) of Code Section 43-14-6, relating to duties of the various divisions of the board, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Division of Electrical Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of electrical contracting; the Division of Master Plumbers and Journeyman Plumbers, with respect to applicants for a license to en gage in or licensees engaging in the business of plumbing as master plumbers or journeyman plumbers; the Division of Low-voltage Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of low-voltage contracting; the Division of Utility Contractors with respect to applicants for a license to engage in or licensees engaging in the business of utility contracting and with respect to applicants for a certificate to en gage in or certificate holders engaging in the business of a utility contracting foreman; and the Division of Conditioned Air Contractors, with respect to applicants for a license to en gage in or licensees engaging in the business of conditioned air contracting, shall:
(1) Examine all applicants for licenses to practice the profession. Examinations shall be prepared in such a manner as to test the knowledge, skill, and efficiency of the applicants; and such examinations shall be based on the applicable state minimum standard codes and, in the case of low-voltage contractors, upon such additional information deemed necessary by the division licensing such contractors in order to protect the safety and welfare of the public;
(2) Subject to this paragraph, prepare examinations within the state at least twice each year and grade such applicants taking the examinations. The Division of Electrical Contrac tors shall prepare separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to electrical contracting involving single-phase electrical installations which do not exceed 200 amperes, and Class II licenses shall be unrestricted. The Division

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of Master Plumbers and Journeyman Plumbers shall prepare separate examinations for master plumber Class I, master plumber Class II, and journeyman plumbers. Master Plumber Class I licenses shall be restricted to plumbing involving single-family dwellings and one-level dwellings designed for not more than two families and commercial structures not to exceed 10,000 square feet in area. Master Plumber Class II licenses shall be un restricted. The Division of Conditioned Air Contractors shall prepare separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to the installation, repair, or service of conditioned air systems or equipment not exceeding 175,000 BTU (net) of heat ing and five tons (60,000 BTU) of cooling. Class II licenses shall be unrestricted. The Divi sion of Low-voltage Contractors shall prepare separate examinations for Low-voltage Con tractor Class LV-A, Low-voltage Contractor Class LV-T, Low-voltage Contractor Class LVU, and Low-voltage Contractor Class LV-G. Class LV-A licenses shall be restricted to alarm and general system low-voltage contracting, Class LV-T licenses shall be restricted to tele communication and general system low-voltage contracting, Class LV-G licenses shall be restricted to general system low-voltage contracting, and Class LV-U licenses shall be un restricted and permit the performance of alarm, telecommunication, and general system low-voltage contracting;
(3) Register and license or grant a certificate and issue renewal licenses and renewal certificates biennially to all persons meeting the qualifications for a license or certificate. The following licenses or certificates shall be issued by the divisions:
(A) Electrical Contractor Class I;
(B) Electrical Contractor Class II;
(C) Master Plumber Class I;
(D) Master Plumber Class II;
(E) Journeyman Plumber;
(F) Conditioned Air Contractor Class I;
(G) Conditioned Air Contractor Class II;
(H) Low-voltage Contractor Class LV-A;
(I) Low-voltage Contractor Class LV-T;
(J) Low-voltage Contractor Class LV-G;
(K) Low-voltage Contractor Class LV-U;
(L) Utility contracting foreman (certificate); and
(M) Utility contractor;
(4) Investigate, with the aid of the joint-secretary, alleged violations of this chapter or other laws and rules and regulations of the board relating to the profession;
(5) After notice and hearing, have the power to reprimand any person or licensee, or to suspend, revoke, or cancel the license or certificate of competency of or refuse to grant, renew, or restore a license or certificate of competency to any person or licensee upon any one of the following grounds:
(A) The commission of any false, fraudulent, or deceitful act or the use of any forged, false, or fraudulent document in connection with the license requirements of this chapter or the rules and regulations of the board;
(B) Failure at any time to comply with the requirements for a license under this chapter;
(C) Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants to such an extent as to render the licensee unsafe or unfit to practice his profession licensed under this chapter;

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(D) Engaging in any dishonorable or unethical conduct likely to deceive, defraud, or harm the public;
(E) Knowingly performing any act which in any way assists an unlicensed person to practice his profession;
(F) Violating, directly or indirectly or assisting in or abetting any violation of any provi sion of this chapter or any rule or regulation of the board;
(G) The performance of any faulty, inadequate, inefficient, or unsafe electrical, plumb ing, low-voltage contracting, utility contracting, or conditioned air work likely to endanger life, health, or property. The performance of any work that does not comply with the stan dards set by state codes or by local codes in jurisdictions where such codes are adopted, provided that such local codes are as stringent as the state codes, or by other codes or regulations which have been adopted by the board, shall be prima-facie evidence of the faulty, inadequate, inefficient, or unsafe character of such electrical, plumbing, low-voltage contracting, utility contracting, or conditioned air work; provided, however, that the board, in its sole discretion, for good cause shown and under such conditions as it may prescribe, may restore a license to any person whose license has been suspended or revoked; or
(H) With respect to utility contractors, the bidding by such a utility contractor in ex cess of license coverage;
(6) Review amendments to or revisions in the state minimum standard codes as pre pared pursuant to Part 1 of Article 1 of Chapter 2 of Title 8; and the Department of Com munity Affairs shall be required to provide to the joint-secretary a copy of any amendment to or revision in the state minimum standard codes at least 45 days prior to the adoption thereof; and
(7) Do all other things necessary and proper to exercise their powers and perform their duties in accordance with this chapter."
Section 7. Said chapter is further amended by adding immediately following Code Sec tion 43-14-8.1 new Code sections to read as follows:
"43-14-8.2. (a) For purposes of this Code section only, 'division' means the 'Division of Utility Contractors.'
(b) No person shall engage in utility contracting unless such person has a valid license therefor from the Division of Utility Contracting.
(c) Any person desiring to qualify under the provisions of this subsection who meets the requirements of this subsection, submits proper application to the board, satisfactorily com pletes the examination required by this chapter, and pays or has paid the required fees and is not otherwise in violation of this chapter shall be issued a state-wide Utility Contractor license.
(d) The decision of the division as to the qualifications of applicants taking the required examination shall, in the absence of fraud, be conclusive. All individuals, partnerships, or corporations desiring to engage in the vocation of utility contracting after July 1, 1990, shall take or have taken the examination and qualified under this Code section before engaging in such vocation.
(e) No partnership or corporation shall have the right to engage in the business of util ity contracting unless there is regularly connected with such partnership or corporation a person or persons, actually engaged in the performance of such business on a full-time basis and supervising the utility contracting work of all employees of such partnership or corpora tion, who have valid licenses issued to them as provided in this chapter. In cases where a partnership or corporation has more than one office location from which utility contracting is performed, at least one person stationed in each branch office of such partnership or corporation, engaged in the performance of utility contracting on a full-time basis and su pervising the utility contracting work of all employees of such branch office locations, shall have a valid license issued as provided in this Code section.

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(f) It shall be the duty of all partnerships and corporations qualified under this Code section to notify the division, in accordance with board rules, of severance of connection with such partnership or corporation of any person or persons upon whom the qualification of any such partnership or corporation rested.
(g) (1) All applicants for examinations and licenses provided for by this Code section and all applicants for renewal of licenses under this Code section shall be required to fill out a form which shall be provided by the division, which form shall show whether or not the applicant is an individual, partnership, or corporation and, if a partnership or corporation, the names and addresses of the partners or the names and addresses of the officers, when and where formed or incorporated, and such other information as the division in its discre tion may require. All forms of application for renewal of licenses shall also show whether or not the applicant, if it is a partnership or corporation, still has connected with it a duly qualified person holding a license issued by the division.
(2) An applicant shall include his safety policy or the safety policy of his corporation or partnership. An approved safety policy is required before an applicant will be issued a li cense. The safety policy shall provide the details of regularly scheduled safety meetings for all field personnel.
(h) The division shall notify each local governing authority of the provisions of this chapter relating to licensure, especially the provisions of subsection (b) of this Code section. The division shall notify such governing authorities that after July 1, 1990, any person de siring a license to engage in the vocation of utility contracting shall be required to pass an examination as provided in this chapter.
(i) The division shall require applicants for license under this Code section to file with their application and licensees under this Code section to file along with any license renewal fee financial statements containing information as prescribed by the division. Such financial statements shall be reviewed by the staff but shall not be inspected or reviewed by members of the board or division unless there is a problem or controversy arising pursuant to the provisions of this Code section involving such financial statements. Such financial state ments shall be confidential information and shall not be available for inspection by contrac tors or the general public. The licenses granted under this Code section shall stipulate the type or types of work the utility contractor is permitted to bid on or to perform under that person's license and shall contain a letter symbol indicating the maximum limits on which that person is permitted to bid or perform in a single contract. The maximum bid limits shall be set by the formula of not more than ten times the net worth as shown by the applicant's latest financial statement and designated in the classification set out in this sub section that is the closest to this amount. Should the applicant's financial statement fail to substantiate the limits requested, further consideration may be given to:
(1) The present market value in lieu of book value of listed assets when properly sup ported with substantiating evidence; and
(2) A combined statement of the applicant that includes other wholly owned or sub stantially owned interests.
When an applicant's financial statement qualifies for an amount in excess of classification 'C,' the limits shall then be set as classification 'U' - Unlimited. The following letter symbols indicate the maximum amount bid limits allowed a licensee on any single contract undertaking:
A - Not to exceed ...................................................$ 100,000.00
B - Not to exceed ................................................... 500,000.00
C - Not to exceed.................................................. 1,000,000.00

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U - Unlimited
(j) Any person desiring to change the limit of that person's license shall make applica tion for revision of that license on the prescribed form furnished by the board. The applica tion shall be supported by a current financial statement and evidence of that person's abil ity to furnish contract bond for such amounts as are required for the higher limitation for which that person is applying. Under no circumstances shall a utility contractor be permit ted to bid in excess of that person's license coverage prior to the time such revision is effected.
(k) It shall be unlawful for any contracting body to open or consider any bid for utility contracting unless the bidder has obtained the license required by this Code section and evidenced by the utility contractor license number written on the face of the bid envelope.
(1) As a condition to the renewal of licenses, the division may require licensees to com plete certain hours of continuing education in safety and technical training.
43-14-8.3. (a) After July 1, 1990, no person may be employed as a utility contracting foreman unless that person is certified by the division.
(b) The division shall certify all applicants for certification under this chapter who sat isfy the requirements of this chapter and the rules and regulations promulgated under this chapter. One requirement for such certification shall be the successful completion of a course of safety training in utility contracting approved by the division or pursuant to rules and regulations of the division the furnishing of proof that the individual has successfully performed work as a utility contracting foreman for a period of at least two years. Applica tion for certification shall be made on forms prescribed and furnished by the division and shall be accompanied by a fee as prescribed by the division.
(c) No utility system shall be constructed, erected, altered, or repaired unless a utility contractor or utility contracting foreman is present at the job site of such construction, erec tion, alteration, or repair of the utility system."
Section 8. Said chapter is further amended by striking Code Section 43-14-15, relating to general applicability, and inserting in lieu thereof a new Code section to read as follows:
"43-14-15. (a) This chapter shall apply to all installations, alterations, and repairs of plumbing, air-conditioning and heating, or electrical or low-voltage wiring or utility systems within or on public or private buildings, structures, or premises except as otherwise pro vided in this Code section.
(b) This chapter shall not apply to the installation, alteration, or repair of plumbing, air-conditioning and heating, or electrical services, except low-voltage wiring services or util ity systems, up to and including the meters where such work is performed by and is an integral part of the system owned or operated by a public service corporation or the electri cal, water, or gas department of any municipality in this state, in rendering its duly author ized service as such.
(c) This chapter shall not apply to the installation, alteration, or repair of plumbing, air-conditioning and heating, or electrical systems, except low-voltage wiring systems, or utility systems where such work is performed and is an integral part of the system owned or operated, in rendering its duly authorized service as such, by a railroad company, pipeline company, mining company, or public utility or municipal utility in the exercise of its normal functions as a public utility or where such work is an integral part of any irrigation system on farms, ranches, or other open, unpopulated areas where such work will not be located within 30 feet of any dwelling or any building devoted to animal husbandry.
(d) This chapter shall not prohibit an individual from installing, altering, or repairing plumbing fixtures, air-conditioning and heating, air-conditioning and heating fixtures, utility systems, or electrical or low-voltage wiring services in a single-family dwelling owned or occupied by him; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board.

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(e) This chapter shall not prohibit an individual from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility systems, or elec trical or low-voltage wiring services in a farm or ranch building owned or occupied by him; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board.
(f) This chapter shall not prohibit an individual employed on the maintenance staff of a facility owned by the state or by a county, municipality, or other political subdivision from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility systems, or electrical or low-voltage wiring services when such work is an integral part of the maintenance requirements of the facility; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board.
(g) This chapter shall not prohibit any person from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility systems, or elec trical or low-voltage wiring services in a farm or ranch service building. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections.
(h) This chapter shall not apply to low-voltage wiring performed by public utilities, except that such portion of the business of those public utilities which involves the installa tion, alteration, repair, or service of telecommunication systems for profit shall be covered under this chapter."
Section 9. Said chapter is further amended by striking Code Section 43-14-16, relating to exemptions, and inserting in lieu thereof a new Code section to read as follows:
"43-14-16. (a) This chapter shall not apply to:
(1) The installation, construction, or maintenance of power systems for the generation and distribution of electric current constructed under the National Electrical Safety Code, which regulates the safety requirements of utilities; but the interior wiring regulated by the National Electrical Safety Code would not be exempt and must be done by an electrical contractor; or
(2) Any technician employed by a municipal or county-franchised community antenna television (CATV) system or a municipally owned community antenna television system in the performance of work on the system.
(b) Reserved.
(c) This chapter shall not apply to any individual owner or lessee performing plumbing or related services upon residential property owned or leased by him and at which he resides.
(d) This chapter shall not apply to regular, full-time employees of an institution, manu facturer, or business which performs plumbing, electrical, low-voltage wiring, utility con tracting, or conditioned air work unless the employer is engaged in the practice of plumbing, electrical, low-voltage wiring, utility contracting, or conditioned air contracting. Such em ployees are only exempt when working on the premises of that employer.
(e) Any person who holds a license issued to him under this chapter may engage in the business of plumbing, electrical contracting, low-voltage contracting, utility contracting, or conditioned air contracting, but only as prescribed by the license, throughout this state; and, except as provided in Code Section 43-14-13, no municipality or county may require such person to comply with any additional licensing requirements imposed by such municipality or county.
(f) This chapter shall not prohibit any person from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility systems, or elec trical or low-voltage wiring services in a farm or ranch service building. Nothing in this

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subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections.
(g) This chapter shall not apply to manufactured housing service personnel who:
(1) Couple the electrical connection from the service entrance panel outside the manu factured housing to the distribution panel board inside the manufactured housing;
(2) Connect the exterior sewer outlets to the above-ground sewer system; or
(3) Connect the exterior water line to the above-ground water system.
Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections.
(h) This chapter shall in no way prohibit the governing authority of any county or municipality in the state from adopting and enforcing codes at the local level.
(i) Any person qualified by the Department of Transportation to perform utility con tracting for the department shall not be required to be licensed under Code Section 43-148.2 or certified under Code Section 43-14-8.3 in order to perform utility contracting for the department."
Section 10. This Act shall become effective upon necessary appropriations being specifi cally made by the General Assembly to fund this Act.
Section 11. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.
Senator Barnes of the 33rd moved that SB 140 be placed on the Table.
On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 140 was placed on the Table.
SB 159. By Senator Kidd of the 25th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the provisions relating to increases in salary based on longevity in office with respect to the clerks of the superior courts, judges of the probate courts, and sheriffs; to amend Code Section 48-5-183, relating to salaries of tax collectors and tax commissioners, so as to change the provisions relating to increases in salary.
The Senate Committee on Governmental Operations offered the following substitute to SB 159:
A BILL
To be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the provisions relating to increases in salary based on longevity in office with respect to the clerks of the superior courts, judges of the probate courts, and sheriffs; to amend Code Section 48-5-183, relating to salaries of tax collectors and tax commissioners, so as to change the provisions relating to increases in salary based on longevity in office with respect to tax collectors and tax commissioners; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking in its entirety subsection (a) of Code Section 15-6-90, relating to lon gevity increases with respect to salaries of clerks of the superior courts, and inserting in lieu thereof a new subsection (a) to read as follows:

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"(a) The amounts provided in Code Sections 15-6-88, 15-6-89, and 15-10-105 shall be increased by 5 percent per each four-year term of office served by any clerk after December 31, 1976, figured at the end of each such period of service."
Section 2. Said title is further amended by striking in its entirety Code Section 15-9-65, relating to longevity increases with respect to salaries of judges of the probate courts, and inserting in lieu thereof a new Code Section 15-9-65 to read as follows:
"15-9-65. The amounts provided in Code Sections 15-9-63 and 15-9-64 shall be in creased by 5 percent for each four-year term of office served by any judge of a probate court after December 31, 1976, figured at the end of each such period of service. This Code section shall not be construed to affect any local legislation except where the local legislation pro vides for a salary lower than the salary provided in Code Sections 15-9-63 through 15-9-67, in which event Code Sections 15-9-63 through 15-9-67 shall prevail."
Section 3. Said title is further amended by striking in its entirety subsection (b) of Code Section 15-16-20, relating to the minimum annual salaries of sheriffs, which reads as follows:
"(b) (1) The amounts provided in subsection (a) of this Code section shall be increased by 5 percent for each four-year term of office served by any sheriff after December 31, 1976, and prior to July 1, 1982, effective July 1, 1982.
(2) The amounts provided in subsection (a) of this Code section, including any increases provided by paragraph (1) of this subsection, where applicable, shall be increased by 5 per cent for each four-year term of office served by any sheriff, figured at the end of each such period of service. The increase shall not have retroactive effect, except that the term of sheriffs in office on July 1, 1982, shall be counted for determining the appropriate salary under this Code section.",
and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The amounts provided in subsection (a) of this Code section and Code Section 1516-20.1 shall be increased by 5 percent for each four-year term of office served by any sheriff after December 31, 1976, figured at the end of each such period of service."
Section 4. Code Section 48-5-183, relating to salaries of tax collectors and tax commis sioners, is amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The amounts provided in subsection (b) of this Code section, subsection (g) of Code Section 48-5-137, and, where applicable, Code Section 21-2-212 shall be increased by 5 percent for each four-year term of office served by any tax collector or tax commissioner after December 31, 1976, figured at the end of each such period of service. This Code section shall not be construed to affect any local legislation except where the local legislation pro vides for a salary lower than the salary provided in this Code section, in which event this Code section shall prevail. This Code section shall not be construed to reduce the salary of any tax collector or tax commissioner in office on July 1, 1979. The minimum salaries pro vided for in this Code section shall be considered as salary only. Expenses for deputies, equipment, supplies, copying equipment, and other necessary and reasonable expenses for the operation of a tax collector's or tax commissioner's office shall come from funds other than the funds specified as salary in this Code section."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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353

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Bowen Brannon
te roun C!Ua " Coteman Collins Coverdell Dawkins Deal Dean Echols Edge Fincher

Foster Garner Gillis
Hammill Harris Howard
Huggins Johnson Kennedy Kldd Land 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 voting were Senators:

Barnes English

Engram

Fuller (excused)

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

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

SB 165. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," so as to change the date of the general primary; to repeal certain provisions relating to nonpartisan primaries and to change provisions relating to nonpartisan elections; to change the provisions re lating to procedures for qualification of candidates generally.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Bowen roun
Coeman D ean Echols English Fincher Foster Gillis

Hammill Harris Huggins Kennedy Kidd Land
McKenzie Newbill Olmstead Parker Perry Phillips

Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake
Tate Taylor Timmons Turner Tysinger Walker

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Those voting in the negative were Senators:

Baldwin Barnes Coverdell Dawkins

Deal Edge Johnson

Peevy Ragan of 32nd Stumbaugh

Those not voting were Senators:

Brannon Collins

Engram Fuller (excused)

Garner Howard

On the passage of the bill, the yeas were 40, nays 10.

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

Senator Barnes of the 33rd gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 165.

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

SB 169. By Senator Olmstead of the 26th:
A bill to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to municipal corporations only, so as to change the provisions relating to voting upon questions by interested council members; to define the term "personally interested"; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen
Clay " Coleman Coverdell Dawkins Deal Dean Echols Edge English

Fincher Foster Gillis Hammill Harris Howard
Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Rav Scott of 2nd gcott of 36th Shumake
Stumb, augh, Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Collins

Engram Fuller (excused)

Garner Kennedy (presiding)

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

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

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355

SB 171. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to provide for a va cancy in the office of county attorney unless action is taken to reappoint the same person as county attorney following an election of members of the county governing authority; to provide for the appointment and removal of the county attorney.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Burton Coleman Coverdell Dean Echols Edge English

Engram Fincher Foster Gillis Hammill Harris Huggins Kidd Langford Olmstead Parker Perry

Phillips Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Timmons Tysinger

Those voting in the negative were Senators:

Baldwin Broun Dawkins Deal

Johnson Land Peevy

Shumake Starr Walker

Those not voting were Senators:

Brannon Clay Collins Fuller (excused)

Garner Howard Kennedy (presiding) McKenzie

Newbill Ragan of 32nd Turner

On the passage of the bill, the yeas were 35, nays 10.
The bill, having received the requisite constitutional majority, was passed.
The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 26. By Senator Barker of the 18th:
A resolution recognizing the Warner Robins Clean Community Commission and urging all communities in Georgia to instill a recycling and land preservation ethic.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Bwen Burton Coleman Coverdell Dawkins
Deal Dean Echols Edge English Engram

Fincher Foster Gillis Hammill
Harris Hugging Johnson Kidd Land Langford
Newbill Olmstead Parker Peevy Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Rav
Scott of 2nd Scott Qf 36th
,. Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Broun Clay

Collins Fuller (excused) Garner

Howard Kennedy (presiding) McKenzie

On the adoption of the resolution, the yeas were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Barnes of the 33rd moved that Senator Fuller of the 52nd be excused from all roll calls in the Senate today due to his being absent from the Senate.
On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Fuller of the 52nd was excused from all roll calls in the Senate today.
The following general resolutions of the Senate and bills of the House, favorably re ported by the committees, were read the third time and put upon their passage:

SR 35. By Senator Engram of the 34th: A resolution designating the "Joel Cowan Parkway".

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Dawkins

Deal Dean Echols Edge English Engram Fincher Foster Gillis Hammill

Harris Huggins Johnson Kidd Land Langford Newbill Olmstead Parker Peevy

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357

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray

Scott of 2nd Scott of 36th Shumake Stumbaugh Tate

Those not voting were Senators:

Taylor Timmons Turner Tysinger Walker

Brannon Coleman Collins Coverdell

Fuller (excused) Garner Howard

Kennedy (presiding) McKenzie Starr

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

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

SR 36. By Senator Engram of the 34th: A resolution designating the "Floy Farr Parkway".

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes

Foster Gillis Hammill Harris
Howard

CDl,eaayl
Dean Echols Edge English Engram Fincher

TLLaanngdford
McKenzie Newbill Olmstead Parker Peevy Perry

Those not voting were Senators:

Phillips Ragan of 10th Ragan of 32nd Rav Scott of 36th
Shumake SS,,,ttuarmrb, augh,
late Taylor Timmons Turner Tysinger Walker

Brannon Broun Coleman Collins

Coverdell Dawkins Fuller (excused) Garner

Johnson Kennedy (presiding) Pollard Scott of 2nd

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

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

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SR 39. By Senator Fincher of the 54th: A resolution designating the William A. Ridley Bridge.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Burton Clay Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford Newbill Olmstead Parker Peevy

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

Those not voting were Senators:

Brannon Broun Coleman Collins

Coverdell Fuller (excused) Garner Kennedy (presiding)

McKenzie Pollard Scott of 2nd

On the adoption of the resolution, the yeas were 45, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 42. By Senators Allgood of the 22nd, Ray of the 19th, Dean of the 31st and others:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that if any person has been elected to any state, county, or municipal office but has not yet taken office in the office to which elected and such person qualifies, in a general primary or general election, or special primary or special election, for another state, county, or municipal elective office or qualifies for the House of Representatives or the Senate of the United States, then the office to which such person has been elected shall be declared vacant upon such person's so quali fying; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article II, Section II of the Constitution is amended by striking Paragraph V and inserting in its place a new Paragraph 5 to read as follows:
"Paragraph V. Vacancies created by elected officials qualifying for other office. The of fice of any state, county, or municipal elected official shall be declared vacant upon such elected official qualifying, in a general primary or general election, or special primary or

TUESDAY, JANUARY 31, 1989

359

special election, for another state, county, or municipal elective office or qualifying for the House of Representatives or the Senate of the United States if the term of the office for which such official is qualifying for begins more than 30 days prior to the expiration of such official's present term of office. If any person has been elected to any state, county, or mu nicipal office but has not yet taken office in the office to which elected and such person qualifies, in a general primary or general election, or special primary or special election, for another state, county, or municipal elective office or qualifies for the House of Representa tives or the Senate of the United States, then the office to which such person has been elected shall be declared vacant upon such person's so qualifying. The vacancy created in any such office shall be filled as provided by this Constitution or any general or local law. This provision shall not apply to any elected official seeking or holding more than one elec tive office when the holding of such offices simultaneously is specifically authorized by law."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that if a person who has been elected to office but has not taken office qualifies for election to any other office, then the office to which such person has been elected shall be declared vacant?"

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

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen ^rannon ^roun Burton CCloalyeman
Coverdell Deal Dean
Echols Edge English

Engram Fincher Foster Gillis Hammill Harris Howard Huggms Johnson LKaidndd
Langford McKenzie Newbill
Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th c HStuam" baugh
Tate Taylor Timmons
Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Collins Dawkins

Fuller (excused) Garner

Kennedy (presiding) Shumake

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

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

HB 91. By Representatives Thomas of the 69th, Groover of the 99th and Pettit of the 19th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated.

Senate Sponsor: Senator Deal of the 49th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Bowen BDBrraonunnon Burton Clay
Coleman Coverdell Deal Dean Echols Edge

English Engram Fincher Foster
Gillis Hammill HuHoarwriasrdj Huggins Kidd
Land Langford Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th
Ragan of 32nd ^ S0Qco,t.t off 3QC6t,,h *arr , , Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Collins Dawkins Fuller (excused)

Garner Johnson Kennedy (presiding)

McKenzie Scott of 2nd Shumake

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

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

HB 100. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Code Section 40-2-70 of the Official Code of Georgia Annotated, relating to the design of disabled veterans license plates, so as to authorize the commissioner to provide for the design of such plates.

Senate Sponsor: Senator Ray of the 19th.

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361

Senator Ray of the 19th moved that HB 100 be committed to the Senate Committee on Defense and Veterans Affairs.
On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 100 was com mitted to the Senate Committee on Defense and Veterans Affairs.
HB 131. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that no license plate or revalidation decal shall be issued for a rebuilt or salvage vehicle unless such vehicle has been inspected and found in compliance with the law; to repeal Code Section 48-10-3.1 of the Official Code of Georgia Annotated, relating to the issuance of temporary registration permits.
Senate Sponsor: Senator Coleman of the 1st.
Senator Coleman of the 1st offered the following substitute to HB 131:
A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that no license plate or revalidation decal shall be issued for a rebuilt or salvage vehicle unless such vehicle has been inspected and found in compliance with the law; to provide for the issuance of disabled license plates to certain persons; to provide for exceptions to the county decal requirement on license plates; to provide for special license plates to be issued to the Department of Public Safety and certain elected officials; to provide for definitions; to provide that the certificate of title shall not be required to show the type of lien or security interest; to provide for recordation of odometer readings on certificates of title for certain motor vehicles; to repeal Code Sec tion 48-10-3.1 of the Official Code of Georgia Annotated, relating to the issuance of tempo rary registration permits; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding at the end of Article 2 of Chapter 2, relating to registra tion and licensing of motor vehicles generally, a new Code Section 40-2-43 to read as follows:
"40-2-43. The commissioner shall not issue a license plate or revalidation decal for any motor vehicle which is a 'salvage' or 'rebuilt' motor vehicle as provided in Chapter 3 of this title unless the owner of such vehicle submits satisfactory proof to the commissioner that the motor vehicle inspection required by Code Section 40-3-35.1 has been performed and such vehicle has been determined to be in full compliance with the law."
Section 2. Said title is further amended by adding a new Code Section 40-2-60.1 to read as follows:
"40-2-60.1. The commissioner shall design and issue distinctive license plates to each United States Senator and Congressman elected from the State of Georgia, the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives to be placed on such official's personal motor vehicle. Each such distinctive license plate shall indicate the individual's elected office and no county name decal need be affixed to such plate. The spe cial license plate authorized by this Code section shall be issued to such elected official upon application and upon compliance with the state laws relating to registration and licensing of motor vehicles and may be transferred as provided in Code Section 40-2-76."
Section 3. Said title is further amended by striking Code Section 40-2-72, relating to special license plates for disabled persons, in its entirety and inserting in lieu thereof a new Code Section 40-2-72 to read as follows:

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"40-2-72. (a) Any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration, licensing, and payment of fees and upon submitting satisfactory proof to the commissioner or one of his agents that he has perma nently lost the use of a leg or both legs, or an arm or both arms, or any combination thereof, or is so severely disabled as to be unable to move without the aid of crutches or a wheelchair, shall be issued a specially designated disabled person's license plate from the commissioner.
(b) A hearing impaired person otherwise qualified under this subsection shall be eligible to have issued to him a specially designated disabled person's license plate in accordance with this Code section. As used in this Code section, 'hearing impaired person' shall have the same meaning as defined in Code Section 24-9-101, except that the term 'hearing im paired person' shall not include any person who is not qualified for a driver's license pursu ant to Code Section 40-5-35, relating to reports by physicians and vision specialists in con nection with the issuance or revocation of drivers' licenses, as now or hereafter amended.
(c) Upon complying with the motor vehicle laws relating to registration, licensing, and payment of fees and upon submission of satisfactory proof of disability as provided in sub section (a) of this Code section:
(1) Any resident person who is the joint owner of a motor vehicle with a disabled person as prescribed in this Code section shall be authorized to obtain such specialized plates for such jointly owned vehicle; and
(2) Any resident motor vehicle owner who is the parent or legal guardian of a person who is disabled as prescribed in this Code section shall be authorized to obtain such special ized plates for such vehicle.
Upon the death of the disabled person or if the joint ownership of such vehicle ceases for any reason, the specialized license plate shall be canceled and the owner of such motor vehicle shall be issued a regular license plate for such vehicle.
(d) The commissioner is directed to furnish such license plates as provided for in this Code section, which shall bear the official international wheelchair symbol or a reasonable facsimile thereof, or such other symbols as the commissioner may deem appropriate.
(e) The commissioner may begin issuing disabled persons' license plates with the year 1976.
(f) Any person who is not a disabled person as prescribed in this Code section or a person otherwise entitled to obtain such special license plates and who willfully and falsely represents himself as having the qualifications to obtain the special plates prescribed by this Code section shall be guilty of a misdemeanor.
(g) Any person owning a vehicle bearing the special plates and not entitled to do so under this Code section shall be guilty of a misdemeanor."
Section 4. Said title is further amended by striking subsection (a) of Code Section 40-277, relating to county name decals on license plates, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as provided in subsection (b) of this Code section, any metal five-year spe cial, distinctive, or prestige license plate, except those provided for in Code Section 40-260.1, Code Section 40-2-61, and Code Section 40-2-78, issued or reissued as authorized in this article from and after July 1, 1985, shall contain a space for a county name decal; and the provisions of this chapter relative to county name decals shall be applicable to all such license plates."
Section 5. Said title is further amended by adding at the end of Article 3 of Chapter 2 of said title, relating to prestige and special license plates, a new Code Section 40-2-78 to read as follows:
"40-2-78. The commissioner of public safety shall be issued distinctive license plates to be used on motor vehicles assigned to the Department of Public Safety and operated by

TUESDAY, JANUARY 31, 1989

363

troopers of the Georgia State Patrol. The distinctive plates shall be issued free of charge in accordance with procedures agreed upon by the commissioner of public safety and the com missioner of revenue. License plates issued pursuant to this Code section need not contain a place for the county name decal and no county name decal need be affixed to a license plate issued pursuant to this Code section."
Section 6. Said title is further amended by striking paragraph (10) of Code Section 403-2, relating to definitions relative to motor vehicle certificates of title, in its entirety and inserting in lieu thereof a new paragraph (10) to read as follows:
"(10) 'Major component part' means any one of the following subassemblies of a motor vehicle:
(A) Front clip assembly (fenders, grille, hood, and bumper);
(B) Rear clip assembly (quarter panels and floor panel assembly);
(C) Engine and transmission;
(D) Top, with the exception of soft tops;
(E) Frame; or
(F) Complete side (fenders, door, and quarter panel)."
Section 7. Said title is further amended by striking Code Section 40-3-25, relating to the contents of the certificate of title, in its entirety and inserting in lieu thereof a new Code Section 40-3-25 to read as follows:
"40-3-25. (a) Each certificate of title issued by the commissioner shall contain:
(1) The date issued;
(2) The name and address of the owner;
(3) The names and addresses of the holders of any security interest and of any lien and the date or dates of such security interest or lien in the order of priority as shown on the application or, if the application is based on a certificate of title, as shown on the certificate;
(4) The title number assigned to the vehicle;
(5) A description of the vehicle including, so far as the following data exist: its make, model, identifying number, type of body, number of cylinders, whether new or used, and, if a new vehicle, the date of the first sale of the vehicle for use; and
(6) Any other data the commissioner prescribes.
(b) The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment and warranty of title by a dealer, and may contain forms for applications for a certificate of title by a transferee, or naming of a security interest holder and of a lienholder and the assignment or release of the security interest and lien.
(c) A certificate of title issued by the commissioner is prima-facie evidence of the facts appearing on it.
(d) A certificate of title for a vehicle is not subject to garnishment, attachment, execu tion, or other judicial process, but this subsection does not prevent a lawful levy upon the vehicle."
Section 8. Said title is further amended by striking Code Section 40-3-25.1, relating to entry of odometer readings on certificates of title, in its entirety and inserting in lieu thereof a new Code Section 40-3-25.1 to read as follows:
"40-3-25.1. In addition to the information required by Code Section 40-3-25, each cer tificate of title issued by the commissioner shall contain spaces thereon for the entry of the mileage of the motor vehicle as shown on the odometer of such motor vehicle at the time of its sale or transfer. When a new motor vehicle is sold by a dealer, it shall be the duty of the dealer to insert on the application for the certificate of title the mileage of such motor vehi-

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cle as shown on its odometer on the day of the sale. When the owner of a motor vehicle sells or transfers such motor vehicle, he shall enter on the certificate of title the mileage as shown on the odometer of such motor vehicle at the time he executes the assignment and warranty of title. When a new certificate of title is issued for a previously titled motor vehicle, the odometer reading as recorded on the old certificate of title shall be shown on the new certifi cate of title. When a replacement certificate of title is issued to the owner of a lost, stolen, mutilated, or destroyed certificate of title, the mileage as shown on the odometer on the day application is made for the replacement certificate of title shall be shown on the replace ment certificate of title. Notwithstanding any other provision of this Code section, the odometer reading of any motor vehicle which is more than ten model years old shall not be required to be recorded on the certificate of title for such vehicle. However, vehicles having a gross vehicle weight rating of more than 16,000 pounds shall be exempt from the require ment of disclosure of the odometer mileage on certificates of title. The commissioner is au thorized and directed to provide by regulation for the implementation of this Code section."
Section 9. Code Section 48-10-3.1 of the Official Code of Georgia Annotated, relating to temporary registration permits, is amended by striking said Code section which reads as follows:
"48-10-3.1. (a) As used in this Code section, the term 'vehicle' means any vehicle which is required by the motor vehicle registration laws of this state to be registered prior to being operated on the highways of this state.
(b) The commissioner may, upon written application, issue a temporary registration permit to the owner of any vehicle which does not have a valid motor vehicle registration. Such temporary registration permit shall authorize the vehicle to be operated on the high ways of this state subject to the limitations contained in such permit.
(c) The owner of the vehicle shall make application to the commissioner or his duly authorized agent for a temporary registration permit on such forms as the commissioner shall prescribe. Each application shall be accompanied by a registration fee of $10.00 for each vehicle for which an application is submitted.
(d) The temporary registration permit shall be valid for one vehicle and shall be valid for a period of 30 days from the date of issue. Upon application and payment of an addi tional fee of $10.00, temporary registration permits may be renewed for 30 day periods; however, no permit shall be renewed more than three times during any 12 month period.
(e) The procedures for application and issuance of temporary registration permits and the disposition of fees shall be the same as for other motor vehicles registered in this state. Compliance with this Code section shall be deemed to be compliance with the motor vehicle registration requirements of this state.
(f) Any owner who has been convicted of operating a vehicle in violation of the motor vehicle registration laws of this state shall not be eligible to receive a temporary registration permit as authorized by this Code section for a period of 12 months from the date of conviction.
(g) The violation of any limitation contained in a temporary registration permit shall constitute a misdemeanor.",
in its entirety.
Section 10. This Act shall become effective July 1, 1989, except that only for purposes of issuance of five-year license plates Section 3 of this Act shall become effective January 1, 1990.
Section 11. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced

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that, pursuant to Senate Rule 143, consideration of the substitute and bill would be sus pended and placed on the Senate General Calendar.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 151. By Representatives Watson of the 114th, Buck of the 95th and Kilgore of the 42nd: A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to create the Seed Capital Fund to provide equity and other capital to entrepreneurial firms engaged in innovative work in the areas of technology, manufacturing, marketing, agriculture, or information related ven tures which will increase the state's share of domestic or international markets and enhance economic development in the state.
The following bill of the House was read the first time and referred to committee:
HB 151. By Representatives Watson of the 114th, Buck of the 95th and Kilgore of the 42nd: A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to create the Seed Capital Fund to provide equity and other capital to entrepreneurial firms engaged in innovative work in the areas of technology, manufacturing, marketing, agriculture, or information related ven tures which will increase the state's share of domestic or international markets and enhance economic development in the state.
Referred to Committee on Industry and Labor.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 11:20 o'clock A.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Wednesday, February 1, 1989 Fifteenth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Coleman of the 1st reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 219. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Carroll County; to create a chairman and board of com missioners for Carroll County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into election districts.
HB 175. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Jones of the 71st, Colbert of the 23rd and others: A bill to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the insurance licensing of agents, solicitors, brokers, counselors, and adjusters, so as to provide for grounds for refusing, suspending, or revoking such licenses; to provide for fiduciary capacities and record keeping requirements of agents holding licenses for life and accident and sickness insurance lines.
HB 11. By Representative Groover of the 99th: A bill to amend Section 2-7-170 of the Official Code of Georgia Annotated, relat ing to the limitation of the liability of farmers in fertilizer, plant growth regula tor, and pesticide contamination cases, so as to remove the limitation on liability under Title 12 of the Official Code of Georgia Annotated.
HB 420. By Representatives Reaves of the 147th, Johnson of the 123rd, Branch of the 137th, Moore of the 139th, Jamieson of the llth and others: A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the development and enhancement of aquaculture; to provide a short title; to provide for definitions; to create the Aquaculture Development Commission.
HB 288. By Representatives Wall of the 61st, Breedlove of the 60th, Goodwin of the 63rd, Barnett of the 59th, Mobley of the 64th and others: A bill to amend Chapter 7 of Title 36 of the Official Code of Georgia Annotated, relating to county surveyors, so as to authorize the General Assembly by local law

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to abolish the office of elected county surveyor in any county and authorize the appointment of said official by the county governing authority; to provide re quirements and limitations relative thereto.
HB 54. By Representative Alien of the 127th: A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions, so as to provide that sports officials who offici ate athletic contests shall not be liable in civil actions for injuries or damages claimed to have arisen by virtue of actions or inactions related to such officiating within the confines of the athletic facility at which the athletic contest is held.
HB 130. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to driver's licenses, so as to provide for a commercial driver's license.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 228. By Senator Brannon of the 51st:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions concerning telephone service, so as to prohibit a telephone company from charging a fee for the disconnection and reconnection of a private line in a nursing home under certain conditions; to define a certain term; to provide for enforcement. Referred to Committee on Governmental Operations.
SB 229. By Senator Edge of the 28th:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Authorities Law," so as to provide for addi tional functions and powers of hospital authorities; to provide for additional pur poses for which proceeds of the sale of a hospital may be expended. Referred to Committee on Human Resources.
SB 230. By Senators Coleman of the 1st, Dean of the 31st, Allgood of the 22nd and others:
A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, so as to define certain terms; to change certain provisions relating to examinations; to change parameters of what constitutes the practice of architecture. Referred to Committee on Industry and Labor.
SB 231. By Senator Starr of the 44th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to criminal issuance of bad checks, so as to provide that the period of incarceration for violating the provisions of this Code section shall be increased; to increase certain fines. Referred to Committee on Judiciary.
SB 232. By Senators Scott of the 2nd, Allgood of the 22nd, Hammill of the 3rd and others:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for equal employment opportuni-

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ties without regard to certain factors and conditions; to provide a short title; to provide for legislative intent; to provide for definitions; to prohibit certain em ployment related conduct and permit other such conduct. Referred to Committee on Governmental Operations.
SB 233. By Senator Baldwin of the 29th:
A bill to amend Code Section 33-13-3 of the Official Code of Georgia Annotated, relating to acquisition of control of or merger with a domestic insurer, so as to require an acquiring party to file with the Commissioner of Insurance financial statements certified by a certified public accountant as to the earnings and finan cial condition of such party. Referred to Committee on Insurance.
SB 234. By Senator Baldwin of the 29th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance and known as the "Georgia Insurance Code," so as to provide for un fair trade practices with regard to medicare supplement insurance; to provide for editorial revision; to provide for definitions; to provide for applicability; to pro vide standards for provisions of medicare supplement insurance policies.
Referred to Committee on Insurance.
SB 235. By Senators English of the 21st, Gillis of the 20th, Kennedy of the 4th and Ray of the 19th:
A bill to amend Code Section 37-3-1 of the Official Code of Georgia Annotated, relating to definitions with respect to the examination and treatment for mental illness, so as to define the term "traumatic brain injury"; to provide for clarifica tion of such term. Referred to Committee on Human Resources.
SB 236. By Senators Olmstead of the 26th, Albert of the 23rd, Harris of the 27th and Stumbaugh of the 55th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, so as to require all state departments and agencies to prepare and publish quarterly aging reports of vendor invoices which have not been paid within certain periods of time. Referred to Committee on Governmental Operations.
SB 237. By Senators English of the 21st, Gillis of the 20th and Kennedy of the 4th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that contracts or service agreements for private solid waste col lection or disposal services shall continue for a certain period after a county or municipality expands solid waste collection or disposal services into the area cov ered by the private contract or service agreement. Referred to Committee on Natural Resources.
SB 238. By Senators Peevy of the 48th, Deal of the 49th and Allgood of the 22nd:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which applications for appeal are required, so as to provide that such procedures for appeal shall not apply to child custody cases. Referred to Committee on Special Judiciary.

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SB 239. By Senator Barnes of the 33rd:
A bill to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to provide for the admissibility of evidence concerning correction and retraction in an action based on alleged defamatory statements in a visual or sound broadcast; to provide for the effect thereof on damages in such actions; to provide an effective date. Referred to Committee on Special Judiciary.
SB 240. By Senators Ray of the 19th, Kennedy of the 4th, Timmons of the llth and others:
A bill to amend Part 1 of Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants to local school systems for relief of local taxpayers, so as to repeal a provision defining "average daily attendance"; to change the provisions relating to the allotment of grants. Referred to Committee on Appropriations.
SB 241. By Senators Langford of the 35th, Kidd of the 25th, Walker of the 43rd and Albert of the 23rd:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle parts dealers, so as to extend the existence of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers. Referred to Committee on Consumer Affairs.
SB 242. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and Barnes of the 33rd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to create the honor ary office of police chief emeritus. Referred to Committee on Public Safety.
SB 243. By Senators Stumbaugh of the 55th, Kidd of the 25th, Allgood of the 22nd and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the comprehensive preservation of private enterprise with respect to government competition; to provide for legislative in tent; to provide for definitions; to prohibit state agencies from instituting or car rying on any commercial activity to provide goods or services for its own use. Referred to Committee on Appropriations.
SB 244. By Senator Tate of the 38th:
A bill to amend Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to powers relating to the administration of municipal government gener ally, so as to provide for additional authority to serve any process, summons, notice, or order under certain circumstances. Referred to Committee on Urban and County Affairs (General).
SB 245. By Senator Tate of the 38th:
A bill to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property generally, so as to provide for addi tional exemptions from the requirements of such Code section with respect to the conveyance of certain parcels of land to abutting property owners. Referred to Committee on Urban and County Affairs (General).

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SB 246. By Senators Shumake of the 39th, Albert of the 23rd and Langford of the 35th: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for definitions relat ing to consumer check-cashing centers; to authorize the display of signs bearing the trade name of a licensed consumer check-cashing center; to provide for the posting of a fee schedule; to provide for maximum rates.
Referred to Committee on Consumer Affairs.
SB 247. By Senator Baldwin of the 29th: A bill to amend an Act creating a new charter for the City of LaGrange in Troup County, as amended, so as to authorize the Board of Education of the City of LaGrange to elect and appoint a Superintendent of the LaGrange School System for a term not to exceed four years.
Referred to Committee on Urban and County Affairs.
SB 248. By Senator Barnes of the 33rd: A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' li censes, so as to change the provisions relating to requirements for courts to send licenses and reports of convictions to the Department of Public Safety; to change the provisions relating to the payment of fees and the retention of fees.
Referred to Committee on Special Judiciary.
SB 249. By Senator Barnes of the 33rd: A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, so as to authorize the governing authority of any county to provide, and to expend county funds for the provision of, health insur ance, life insurance, disability insurance, liability insurance, retirement and pen sion coverage, and other similar or related employment benefits for elected county officers and the personnel thereof.
Referred to Committee on Urban and County Affairs (General).
SR 91. By Senators Dean of the 31st and Kennedy of the 4th: A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizens' advisory council thereto.
Referred to Committee on Rules.
SR 92. By Senators Foster of the 50th, Deal of the 49th, Tysinger of the 41st and others: A resolution creating the Joint Study Committee on Public School Freedom of Choice.
Referred to Committee on Education.
SR 95. By Senator Kidd of the 25th: A resolution designating the Battle Smith Bridge.
Referred to Committee on Transportation.
The following bills of the House were read the first time and referred to committees:
HB 11. By Representative Groover of the 99th: A bill to amend Section 2-7-170 of the Official Code of Georgia Annotated, relat ing to the limitation of the liability of farmers in fertilizer, plant growth regula-

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tor, and pesticide contamination cases, so as to remove the limitation on liability under Title 12 of the Official Code of Georgia Annotated. Referred to Committee on Agriculture.
HB 54. By Representative Alien of the 127th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions, so as to provide that sports officials who offici ate athletic contests shall not be liable in civil actions for injuries or damages claimed to have arisen by virtue of actions or inactions related to such officiating within the confines of the athletic facility at which the athletic contest is held. Referred to Committee on Judiciary.
HB 130. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to driver's licenses, so as to provide for a commercial driver's license. Referred to Committee on Transportation.
HB 175. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the insurance licensing of agents, solicitors, brokers, counselors, and adjusters, so as to provide for grounds for refusing, suspending, or revoking such licenses; to provide for fiduciary capacities and record keeping requirements of agents holding licenses for life and accident and sickness insurance lines. Referred to Committee on Insurance.
HB 288. By Representatives Wall of the 61st, Breedlove of the 60th, Goodwin of the 63rd and others:
A bill to amend Chapter 7 of Title 36 of the Official Code of Georgia Annotated, relating to county surveyors, so as to authorize the General Assembly by local law to abolish the office of elected county surveyor in any county and authorize the appointment of said official by the county governing authority; to provide re quirements and limitations relative thereto. Referred to Committee on Urban and County Affairs (General).
HB 420. By Representatives Reaves of the 147th, Johnson of the 123rd, Branch of the 137th, Moore of the 139th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the development and enhancement of aquaculture; to provide a short title; to provide for definitions; to create the Aquaculture Development Commission. Referred to Committee on Agriculture.
HB 219. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Carroll County; to create a chairman and board of com missioners for Carroll County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into election districts. Referred to Committee on Urban and County Affairs.

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The following communication from Senator Kidd of the 25th, Chairman of the Senate Committee on Governmental Operations, was received and read by the Secretary:
The State Senate Atlanta, Georgia 30334
January 31, 1989 Honorable Hamilton McWhorter, Jr. Secretary of the Senate State of Georgia State Capitol Atlanta, Georgia 30334 Dear Mr. McWhorter:
I will be unable to chair the first portion of the Senate Governmental Operations Com mittee scheduled for today at 8:30 a.m., due to a conflict caused by a Public Utilities Com mittee meeting I must attend to present SR 22 and SR 23.
I hereby authorize the Vice Chairman, Senator Max Brannon, to conduct the Govern mental Operations Committee meeting during my absence and to take up the following bills: SB 43, SB 183, and SB 192.
Sincerely, Is/ Culver Kidd, Chairman
Governmental Operations Committee
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Governmental Operations has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 43. Do pass by substitute. SB 183. Do pass. SB 192. Do pass.
Respectfully submitted, Senator Brannon of the 51st District, Vice Chairman
Mr. President:
The Committee on Governmental Operations has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 46. Do pass by substitute. SB 47. Do pass. SB 2. Do pass by substitute.
Respectfully submitted, Senator Kidd of the 25th District, Chairman
Mr. President:
The Committee on Higher Education has had under consideration the following bills

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373

and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 10. Do pass. HB 159. Do pass. HB 160. Do pass.
Respectfully submitted, Senator Fincher of the 54th District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 133. Do pass. SB 134. Do pass. SB 137. Do pass by substitute.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 35. Do pass by substitute.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

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

SB 7. Do pass. SR 56. Do pass.

SB 26. Do pass by substitute. SB 214. Do pass as amended.

Respectfully submitted,

Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 101. Do pass.
Respectfully submitted,
Senator Coleman of the 1st District, Chairman

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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 294. HB 295. HB 297. HB 304.

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

HB 305. HB 326. HB 327. HB 410.

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

Respectfully submitted,

Senator Harris of the 27th District, Chairman

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

SR 5. By Senator Barnes of the 33rd:
A resolution authorizing the conveyance of certain state owned property located in the City of Marietta, Georgia, to the Downtown Marietta Development Au thority; to authorize the sale of certain state owned property which is the subject of a lease with the City of Marietta under certain conditions; to provide an effec tive date.

SR 22. By Senator Kidd of the 25th:
A resolution granting nonexclusive easements for construction, operation, and maintenance of roads and transmission and power lines in, on, under, over, upon, across, and through property owned by the State of Georgia in Wilkinson County, Georgia; to provide an effective date.

SR 25. By Senator Coleman of the 1st:
A resolution authorizing the State Properties Commission to convey to the De velopment Authority of Chatham County, Georgia, and Union Camp Corpora tion, easements for the drilling, boring, constructing, laying, operating, maintain ing, repairing, removing, and replacing of an outfall structure, a diffuser system, pipelines, conduits, and electrical cables in, on, under, over, upon, across, and through certain state owned property situated in the Savannah River, Chatham County, Georgia.

SB 127. By Senator Shumake of the 39th:
A bill to amend Chapter 39 of Title 33 of the Official Code of Georgia Annotated, relating to the collection, use, and disclosure of information gathered by insur ance institutions, so as to provide that with respect to a personal or family type policy of motor vehicle insurance an insurance institution or agent may not use as the sole basis for an adverse underwriting decision the fact that the applicant has never purchased such a policy.

SB 150. By Senators Turner of the 8th, McKenzie of the 14th and Coleman of the 1st:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to authorize regulations of the Department of Banking and Finance relative to subsidiaries and affiliates of financial institu tions, competition with others providing financial services, and unfair or decep tive business practices; to provide for additional operational powers of banks and trust companies.

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375

SB 151. By Senators Turner of the 8th, McKenzie of the 14th and Coleman of the 1st:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for initial filings with the De partment of Banking and Finance instead of the Secretary of State in order to facilitate perfection of the filings between the department and the filing party; to provide the procedures connected therewith.

SB 175. By Senators Edge of the 28th, Dawkins of the 45th, Clay of the 37th and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transactions of insurance, so as to provide that insurers who provide liability or casualty insurance coverage and the insured shall upon the request of a claimant provide certain information to such claimant.

SB 181. By Senators Peevy of the 48th, Ragan of the 10th, Taylor of the 12th and Edge of the 28th:
A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to provide that a superior court judge may order the mediation of a domestic case if the judicial circuit has provided for local rules to govern such mediation proceedings; to provide for a minimal fee to cover the costs of mediation.

SB 199. By Senators Starr of the 44th, Deal of the 49th and Collins of the 17th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to provide that the period of incarceration for violating the provisions of Code Section 33-34-12 shall be increased.

HB 29. By Representative Alien of the 127th:
A bill to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to provide for the offense of reck less abandonment of a child; to provide for the elements of such offense.

HB 111. By Representatives Oliver of the 53rd and Smyre of the 92nd:
A bill to amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felony acts, definitions, and restrictive custody disposition, so as to provide that time spent by a juvenile in secure detention prior to such juvenile's transfer to a youth development center will be counted toward the con finement period issued by the court order.

HB 245. By Representatives Robinson of the 96th, Thomas of the 69th, Moultrie of the 93rd and others:
A bill to amend Code Section 14-2-86 of the Official Code of Georgia Annotated, relating to rights and options to purchase shares, so as to provide that a board of directors may determine the terms and conditions of issuance and exercise of rights, options, or warrants; to provide that the term of such rights, options, or warrants may include restrictions or conditions that preclude or limit the exer cise, transfer, or receipt of, or invalidate or void, any such rights, options, or warrants.

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

Albert Allgood

Baldwin Barker

Barnes Bowen

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Brannon Broun Burton Clay Coleman
Dawkins DDeeaaln Echols Edge English Fincher Foster

Garner Hammill Harris Howard Johnson
J5eJnJnedy
K,dd Land LMacnKgefonrzdie
Newbill Olmstead
Parker Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd
Scott of 36th
ghumake Q St'uarmr b, augh,
Tate Taylor
Timmons Turner Tysinger

Those not answering were Senators:

Engrain (excused) Fuller (excused)

Gillis Huggins (excused)

Peevy Walker

Senator Scott of the 36th introduced the chaplain of the day, Reverend Reginald Wilborn, pastor of the Morning Star Baptist Church, East Point, Georgia, who offered scripture reading and prayer.

Lieutenant Governor Miller introduced the doctor of the day, Dr. William D. Logan, faculty member of Emory University, Decatur, Georgia.

The following resolutions of the Senate were read and adopted:

SR 93. By Senators English of the 21st, Kennedy of the 4th and Gillis of the 20th:
A resolution proclaiming February 1, 1989, as Georgia Farm Bureau Day at the state capitol.

SR 94. By Senator Johnson of the 47th:
A resolution commending the Franklin County High School Academic Bowl team.

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

SENATE LOCAL CONSENT CALENDAR Wednesday, February 1, 1989
FIFTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 294 Johnson, 47th City of Comer Madison County
To amend an Act creating and incorporating the City of Comer, so as to change the provisions regarding vacancies; to change the description of coun cil districts; to change the provisions regarding the election and terms of the mayor and councilpersons.

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377

HB 295 Turner, 8th Lowndes County
To provide for the number of members and for the election of members of the Board of Education of Lowndes County; to provide for education dis tricts; to provide the manner of electing members of said board; to provide for filling vacancies.
HB 297 Turner, 8th Lowndes County
To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Lowndes County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 304 Pollard, 24th McDuffie County
To amend an Act creating a three-member board of commissioners for Mc Duffie County, so as to change the provisions relating to the compensation and expense allowance of members of the board.
HB 305 Pollard, 24th McDuffie County
To amend an Act placing the county officers of McDuffie County on an an nual salary, so as to change the annual salary of the coroner of McDuffie County.
HB 326 Huggins, 53rd Fincher, 54th Catoosa County
To amend an Act placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the clerical help allowance of the judge of the probate court and the clerk of the superior court.
HB 327 Huggins, 53rd Fincher, 54th Catoosa County
To amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount payable for clerical help in the office of the tax commissioner.
HB 410 Turner, 8th Cook County
To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Cook County during designated reg istration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols

Edge English Fincher Foster Garner Gillis Hammill Harris Howard Johnson Kennedy Kidd Land Langford McKenzie Newbill

Olmstead Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Coverdell Engram (excused) Fuller (excused)

Huggins (excused) Peevy Scott of 36th

Starr Walker

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

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

Senator Kennedy of the 4th introduced Mr. Clint Oliver, America's Star Farmer for 1988 as named by the National Future Farmers of America, who was commended by SR 51 adopted previously.

Senator Ragan of the 10th introduced Ms. Meredith Young, national winner of the "Miss Babe" perfume contest sponsored by Faberge Cosmetics Corporation, who was com mended by SR 87 adopted previously.

SENATE CALENDAR
Wednesday, February 1, 1989
FIFTEENTH LEGISLATIVE DAY
HB 131 Rebuilt, Salvage Vehicle--license plate issuance (Substitute) (Trans--1st) (Pursuant to Senate Rule 143, final passage of the bill was suspended.)
SB 14 Public School Student--prohibit electronic communication device (Substitute) (Ed--39th)
SB 101 Criminal Justice Coordinating Council--State School Superintendent member (Substitute) (Ed--30th)
SB 132 Lookout Mountain Judicial Circuit--provide fourth superior court judge (Judy--53rd)
SB 142 Southern Judicial Circuit Superior Court--additional judge (Judy--8th) SB 167 Atlantic Judicial Circuit Superior Court--additional judge (Judy--4th) HB 92 Foreclosure Fraud--change incorrect reference in Code (Judy--49th)

Senator Broun of the 46th moved that the following bill of the House be withdrawn

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from the Senate Committee on Industry and Labor and committed to the Senate Commit tee on Economic Development and Tourism:
HB 151. By Representatives Watson of the 114th, Buck of the 95th and Kilgore of the 42nd: A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to create the Seed Capital Fund to provide equity and other capital to entrepreneurial firms engaged in innovative work in the areas of technology, manufacturing, marketing, agriculture, or information related ven tures which will increase the state's share of domestic or international markets and enhance economic development in the state.
On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 151 was with drawn from the Senate Committee on Industry and Labor and committed to the Senate Committee on Economic Development and Tourism.
Senator Barnes of the 33rd moved that Senator Fuller of the 52nd be excused from all roll calls in the Senate today due to his being absent from the Senate.
On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Fuller of the 52nd was excused from all roll calls in the Senate today.
Senator Fincher of the 54th moved that Senator Muggins of the 53rd be excused from all roll calls in the Senate today due to his absence because of a death in his family.
On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Huggins of the 53rd was excused from all roll calls in the Senate today.
The following general bill of the House, having been read the third time on January 31 and final action suspended until today, pursuant to Senate Rule 143, was put upon its passage:
HB 131. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that no license plate or revalidation decal shall be issued for a rebuilt or salvage vehicle unless such vehicle has been inspected and found in compliance with the law; to repeal Code Section 48-10-3.1 of the Official Code of Georgia Annotated, relating to the issuance of temporary registration permits.
Senate Sponsor: Senator Coleman of the 1st.
The substitute to HB 131 offered by Senator Coleman of the 1st on January 31, as it appears in the Journal of January 31, was automatically reconsidered and put upon its adoption.
On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes Brannon
Cl* Coleman Collins Coverdell Dawkins Deal Dean Echols

Edge English Fincher
Foster Garner Gillis
Hammill Harris Johnson Kennedy Kidd Land Langford Newbill

Olmstead Perry Pollard
Ragan of 10th Ragan of 32nd Scott of 2nd
Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Bowen

Broun

,

Engram (excused)

Fuller (excused)

Howard

Huggins (excused) McKenzie
Parker Peevy

Phillips Ray
Starr Walker

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

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

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

SB 14. By Senators Shumake of the 39th and Tate of the 38th:
A bill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student discipline in public schools, so as to prohibit students from carrying electronic communication devices while in school; to provide for exceptions.

The Senate Committee on Education offered the following substitute to SB 14:

A BILL
To be entitled an Act to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student discipline in public schools, so as to prohibit students from carrying electronic communication devices while in school; to provide for exceptions; to provide a penalty; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student discipline in public schools, is amended by adding at the end of Subpart 1 a new Code Section 20-2-733 to read as follows:
"20-2-733. (a) No area, county, or independent board of education shall permit any pupil to carry a pocket pager or electronic communication device in school except for health or other unusual reasons approved by the board of education.
(b) Any pupil found in violation of the provisions of this Code section shall be subject to in-school suspension, suspension, or expulsion."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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381

On the adoption of the substitute, the yeas were 31, nays 1, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Baldwin Barnes Bowen Brannon urton
pvC/'Oo1vl*lelnrSdell Deal Dean Echols Edge

English Foster Garner Hammill Howard
LMacnKd.enzie Newbill Parker Perry Phillips

Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake
SmTtautAme baugh Taylor Timmons Turner Tysinger

Those voting in the negative were Senators:

Albert Coleman Dawkins Johnson

Kidd Langford Peevy

Pollard Ray Walker

Those not voting were Senators:

Allgood Barker Broun Engram (excused)

Fincher Fuller (excused) Gillis Harris

Huggins (excused) Kennedy (presiding) Olmstead Starr

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

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

Senator Kennedy of the 4th, President Pro Tempore, introduced Honorable Leon Arango Paucar, Senator from the Republic of Colombia, South America, who briefly ad dressed the Senate.

Senator Dean of the 31st introduced Ms. Frances Frazier, 1988 winner of the Miss Georgia Pageant, who briefly addressed the Senate.

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

SB 101. By Senator Garner of the 30th:
A bill to amend Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to membership of the Criminal Justice Coordinating Council, so as to provide that the State School Superintendent shall be a member of the council.

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JOURNAL OF THE SENATE

The Senate Committee on Education offered the following substitute to SB 101:

A BILL
To be entitled an Act to amend Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to membership of the Criminal Justice Coordinating Council, so as to provide that the State School Superintendent shall be a member of the council; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to membership of the Criminal Justice Coordinating Council, is amended by striking subsec tions (a) and (c) in their entirety and substituting in lieu thereof, respectively, new subsec tions (a) and (c) to read as follows:
"(a) The Criminal Justice Coordinating Council shall consist of 22 members and shall be composed as follows:
(1) The chairman of the Georgia Peace Officer Standards and Training Council, the chairman of the Georgia Organized Crime Prevention Council, the chairman of the Judicial Council of Georgia, the chairman of the Prosecuting Attorneys' Council, the commissioner of corrections, the chairman of the Board of Corrections, the vice-chairman of the Board of Public Safety, the chairman of the State Board of Pardons and Paroles, the State School Superintendent, the commissioner of community affairs, the president of the Council of Ju venile Court Judges, the chairman of the Juvenile Justice Coordinating Council, and the director of the Division of Youth Services of the Department of Human Resources or their designees, shall be ex officio members of the council, as full voting members of the council by reason of their office;
(2) Nine members shall be appointed by the Governor for terms of four years, their initial appointments, however, being three for four-year terms, two for three-year terms, and four for two-year terms. Appointments shall be made so that there are always on the council the following persons: one county sheriff, one chief of police, one mayor, one county commis sioner, one superior court judge, and four individuals who shall be, by virtue of their train ing or experience, knowledgeable in the operations of the criminal justice system of this state. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment."
"(c) The initial terms for all 19 original members shall begin July 1, 1981. The initial term for the member added in 1985 shall begin July 1, 1985. The initial term for the mem ber added in 1988 shall begin July 1, 1988. The State School Superintendent shall be a member effective on July 1, 1989."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Brannon

Burton Clay Coleman Collins Coverdell

Dawkins Deal Dean Echols Edge

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383

Foster Garner Hammill HKoidwdard Land
Langford Newbill Olmstead

Parker Peevy Perry PPhoillllairpds Ragan of 10th
Ragan of 32nd Ray Scott of 2nd

Shumake Stumbaugh Tate T' aavyllo0rr Timmons
Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Broun English Engram (excused)

Fincher Fuller (excused) Gillis Harris Huggins (excused)

Johnson Kennedy (presiding) McKenzie Scott of 36th Starr

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

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

Senator Barnes of the 33rd moved that the following bill of the Senate be taken from the Table:

SB 140. By Senators Barnes of the 33rd, Dawkins of the 45th, Tysinger of the 41st and others:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the State Construction Industry Licensing Board, so as to provide for the licensing of utility contracting; to provide for legislative purpose; to change and add certain definitions; to provide for an additional Division of Utility Contractors.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 140 was taken from the Table and placed at the foot of today's Senate Calendar.

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

SB 132. By Senator Huggins of the 53rd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to provide for a fourth judge of the superior courts of the Lookout Mountain Judi cial Circuit of Georgia; to provide for the election and term of office of said judge; to provide for the powers, duties, jurisdiction, and compensation of said judge.

Since Senator Huggins of the 53rd was excused from the Senate today, Senator Barnes of the 33rd explained SB 132.

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

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Burton CCC,,looal,lyleimnsan
Coverdell Dawkins Deal Dean Echols

Edge Fincher Foster Garner Hammill JHHuooahrwnrisasordjn
Kidd Land Langford Newbill Olmstead

Parker Perry Phillips Pollard p S0S0ctu*omttit1. boa.1fu1g20.hndj
Tate Taylor Timmons Tysinger Walker

Those not voting were Senators:

Allgood Barker Brannon Broun English Engram (excused)

Fuller (excused) Gillis Huggins (excused) Kennedy (presiding) McKenzie Peevy

Ragan of 10th Ragan of 32nd Scott of 36th Shumake Starr Turner

On the passage of the bill, the yeas were 38, nays 0.

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

Senator Garner of the 30th moved that Senator Engram of the 34th be excused from all roll calls in the Senate today due to her absence from the Senate because of illness.

On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Engram of the 34th was excused from all roll calls in the Senate today.

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

SB 142. By Senators Turner of the 8th, Bowen of the 13th and Ragan of the 10th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a fourth judge of the superior court of the Southern Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Burton Clay

Coleman Collins Coverdell Dawkins Dean Echols

Edge English Fincher Foster Garner Hammill

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385

Harris Howard Johnson Kidd Land Langford McKenzie Newbill

Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd

Ray Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Brannon Broun
Deal

Engram (excused) Fuller (excused) Gillis Huggins (excused)
Kennedy (presiding)

Scott of 2nd Scott of 36th
bhumake Starr

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

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

The President resumed the Chair.

SB 167. By Senators Kennedy of the 4th and Hammill of the 3rd:
A bill to add one additional judge of the Superior Court for the Atlantic Judicial Circuit; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges for each judicial circuit, so as to provide for such additional judge; to provide for the initial appointment and subsequent election of said judge; to provide for all related matters; to provide for an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Burton Clay CCoollleimnsan
Dawkins Echols English Foster Garner Hammill

Harris Howard Johnson Kennedy Kidd LLaanngdford
McKenzie Newbill Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd
SRc t,auymb, aughu
*, Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Bowen Brannon

Broun Coverdell Deal Dean

Edge Engram (excused) Fincher Fuller (excused)

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JOURNAL OF THE SENATE

Gillis Muggins (excused)

Scott of 2nd Scott of 36th

Shumake Starr

On the passage of the bill, the yeas were 38, nays 0.

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

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

HB 92. By Representatives Thomas of the 69th, Groover of the 99th and Pettit of the 19th:
A bill to amend Code Section 16-9-60 of the Official Code of Georgia Annotated, relating to foreclosure fraud, so as to change an incorrect reference within the Code section.
Senate Sponsor: Senator Deal of the 49th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Burton Clay Coleman Collins Dawkins Deal Dean Echols English Fincher Foster

Garner Gillis Hammill Harris Howard Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Barker Bowen Brannon Broun Coverdell

Edge Engram (excused) Fuller (excused) Huggins (excused)

Kennedy (presiding) Scott of 36th Shumake Walker

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

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

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387

The following general bill of the Senate, having been read the third time and tabled on January 31, and taken from the Table previously today, was put upon its passage:

SB 140. By Senators Barnes of the 33rd, Dawkins of the 45th, Tysinger of the 41st and others:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the State Construction Industry Licensing Board, so as to provide for the licensing of utility contracting; to provide for legislative purpose; to change and add certain definitions; to provide for an additional Division of Utility Contractors.

The substitute to SB 140 offered by the Senate Committee on Industry and Labor was adopted on January 31, and appears in the Senate Journal on January 31.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Burton Clay Coleman Dawkins Deal Echols Edge English Fincher Foster

Garner Gillis Hammill Harris Howard Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy Perry

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

Voting in the negative was Senator Collins.

Those not voting were Senators:

Barker Brannon Broun Coverdell

Dean Engram (excused) Fuller (excused)

Huggins (excused) Kennedy (presiding) Shumake

On the passage of the bill, the yeas were 45, nays 1.

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

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

At 11:45 o'clock A.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Thursday, February 2, 1989 Sixteenth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator 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 message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 461. By Representative Meadows of the 91st: A bill to amend an Act providing for the compensation of the chairman and members of the board of commissioners of Meriwether County, so as to change the maximum compensation of the chairman and members of the board of com missioners of Meriwether County.
HB 498. By Representative Greene of the 130th: A bill to amend an Act incorporating the City of Shellman in the County of Randolph, so as to change the provisions relating to the election of the mayor and councilmen.
HB 526. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th: A bill to amend an Act providing for the Joint County-Municipal Board of Regis tration and Elections for Dougherty County and the City of Albany, so as to change the provisions relating to membership of the joint board; to remove the supervisor of registration and elections from membership on the joint board.
HB 163. By Representatives Lane of the 27th and Watts of the 41st: A bill to amend Code Section 50-8-101 of the Official Code of Georgia Annotated, relating to books of account, annual auditor's report, annual population esti mates, provision of operating funds for commission of governing bodies, and adoption of annual program and budget with respect to metropolitan area plan ning and development commissions, so as to change the provisions relating to the amounts due from the political subdivisions in the metropolitan area.
HB 333. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th, Groover of the 99th, Robinson of the 96th and others: A bill to amend Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the "Uniform Partnership Act," so as to change the provisions relating to statements of partnership and amendments thereto; to provide for a conclu sive presumption against a partnership; to change the provisions relating to ap-

THURSDAY, FEBRUARY 2, 1989

389

plication of partnership property to satisfy obligations upon rightful dissolution and rights of partners following wrongful dissolution.
HB 334. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th, Groover of the 99th, Robinson of the 96th and others:
A bill to amend Chapter 9 of Title 14 of the Official Code of Georgia Annotated, known as the "Georgia Revised Uniform Limited Partnership Act," so as to change the provisions relating to names of limited partnerships and reservations of names; to amend Part 3 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration of businesses using trade names; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of clerks of the superior courts.
HB 335. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th, Groover of the 99th, Robinson of the 96th and others:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, known as the "Georgia Business Corporation Code," so as to revise said chapter; to provide that each provision of such chapter shall have independent legal sig nificance; to correct typographical, grammatical, stylistic, and punctuation errors and omissions; to change the provisions relating to filing requirements.
HB 336. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th, Groover of the 99th, Robinson of the 96th and others:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the provisions relat ing to the filing of documents, registrations, and reports with the Secretary of State; to provide for notice and the giving of notice; to provide for time periods and requirements related thereto.
HB 414. By Representative Lane of the 27th:
A bill to amend Chapter 4 of Title 22 of the Official Code of Georgia Annotated, known as "The Georgia Relocation Assistance and Land Acquisition Policy Act of 1973," so as to provide conformity with federal law; to provide uniform reloca tion assistance to persons displaced by federal-aid projects; to provide uniform land acquisition policies.
HB 339. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to probate courts, so as to pro vide that retired judges of the probate courts shall be vested with the same au thority as an active judge of this state for the purpose of performing marriage ceremonies.
HB 183. By Representatives Ware of the 77th, Griffin of the 6th, Dunn of the 73rd, Jones of the 71st, Colbert of the 23rd and others:
A bill to amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or prac tices in the business of insurance, so as to provide that certain direct response advertising shall constitute an unfair trade practice.

390

JOURNAL OF THE SENATE

HB 125. By Representatives Twiggs of the 4th, Foster of the 6th, Griffin of the 6th and Langford of the 7th:
A bill to amend Code Section 35-8-6 of the Official Code of Georgia Annotated, relating to the Georgia Peace Officer Standards and Training Council and the appointment of the executive director, so as to prescribe certain training require ments for the executive director and investigators appointed by the executive director; to provide certain powers of the executive director and investigators.
HB 285. By Representative Hudson of the 117th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definition of "game fish"; to change the provisions relating to sale of fish by commercial fish hatcher ies; to change the provisions relating to the licensing of wholesale and retail fish dealers.
HB 192. By Representatives Porter of the 119th and Groover of the 99th:
A bill to amend Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to the qualifications of state court judges, so as to provide that a state court judge shall, on the date he takes office, reside within the judicial circuit containing the geographic area in which he is selected to serve.
HB 354. By Representative Randall of the 101st:
A bill to amend Code Section 9-11-36 of the Official Code of Georgia Annotated, relating to written requests for admissions in civil proceedings, so as to provide that matters admitted or denied in the pleadings shall not need to be admitted or denied in the answers to written requests for admission.
HB 265. By Representatives Orrock of the 30th, McDonald of the 12th and Dunn of the 73rd:
A bill to amend Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to the regulation of aeronautics, aircraft, and airports generally, so as to provide that no person may operate any aircraft in this state within eight hours after the consumption of an alcoholic beverage, while under the influence of alco hol, or while using any drug that affects such person's faculties.
HB 155. By Representatives Griffin of the 6th, Foster of the 6th, Patten of the 149th, Poag of the 3rd and McCoy of the 1st:
A bill to amend Chapter 13 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Underground Storage Tank Act," so as to change the provisions relating to the definition of a petroleum product; to change the provi sions relating to the payment of the environmental assurance fee on petroleum products for the purposes of the Underground Storage Tank Trust Fund.
HB 202. By Representatives Twiggs of the 4th, Colwell of the 4th, Dover of the llth, Reaves of the 147th and Langford of the 7th:
A bill to amend Code Section 27-1-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the game and fish laws, so as to change certain definitions; to amend Code Section 27-4-74 of the Official Code of Georgia Annotated, relating to the sale, purchase, or transportation of game fish gener ally, so as to exempt farmed domestic fish from the prohibitions of the Code section.

THURSDAY, FEBRUARY 2, 1989

391

SB 82. By Senators Barnes of the 33rd, McKenzie of the 14th, Baldwin of the 29th and others:
A bill to amend the Official Code of Georgia Annotated, so as to change the name of the Department of Industry and Trade to the Department of Industry, Trade, and Tourism; to change the name of the Board of Industry and Trade to the Board of Industry, Trade, and Tourism; to change the title of the commissioner of industry and trade to the commissioner of industry, trade, and tourism.
HB 118. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Hooks of the 116th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19881989 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1988-1989.
The House has disagreed to the Senate amendments to the following bill of the House:
HB 1. By Representatives Smyre of the 92nd, Murphy of the 18th, Hooks of the 116th, Lawson of the 9th and Coleman of the 118th:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, and accommodations, so as to change the rates at which such tax may be levied in certain counties and municipalities at certain times; to change the periods of time during which the levy of such tax at certain rates is authorized in certain counties and municipalities.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 250. By Senator Kidd of the 25th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the certification and regulation of certain real estate appraisers; to provide a short title; to provide definitions; to create the Georgia Real Estate Appraisers Board and provide for the member ship, qualifications, terms, officers, powers, duties, authority, compensation, ex penses, quorum, practices, and procedures thereof. Referred to Committee on Governmental Operations.
SB 251. By Senator Peevy of the 48th:
A bill to amend Article 1 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to local indigent defense programs generally, so as to author ize the General Assembly to create the office of public defender by local law and to provide for the method of selection, powers, duties, authority, and funding of such office; to provide an effective date. Referred to Committee on Special Judiciary.
SB 252. By Senators Brannon of the 51st and Garner of the 30th:
A bill to amend Article 1 of Chapter 21 of Title 31, relating to general provisions concerning dead bodies, so as to provide for cremated remains to be buried at sea under certain conditions; to provide that certain information relating to the bur ial of cremated remains at sea shall be furnished to the local registrar of births, deaths, and other vital records in the county nearest the point where the remains were buried. Referred to Committee on Governmental Operations.

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SB 253. By Senator Harris of the 27th:
A bill to place the clerk of the Superior Court of Monroe County upon an annual salary in lieu of the fee system of compensation; to provide the manner in which such salary shall be fixed; to provide for personnel within the clerk's office; to provide for budgets; to provide for arbitration concerning budget disputes; to provide for the disposition of fees. Referred to Committee on Urban and County Affairs.
SB 254. By Senator Edge of the 28th:
A bill to create and establish the Griffin-Spalding County Charter Commission; to provide for a short title; to provide for definitions; to provide for the appoint ment of the members of said commission; to provide for the organizational meet ing of the charter commission and for the election of a chairman; to provide for the powers and duties of said commission. Referred to Committee on Urban and County Affairs.
SB 255. By Senator Deal of the 49th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bailable offenses, so as to change certain procedural requirements for hearings on offenses bailable only before a judge of the superior court. Referred to Committee on Judiciary.
SB 256. By Senator Deal of the 49th:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide that any vehicle owned by any person who has been declared by the Department of Public Safety to be a habitual violator under Code Section 40-558 shall be contraband and forfeited to the state. Referred to Committee on Judiciary.
SB 257. By Senator Garner of the 30th:
A bill to amend Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, so as to change such powers with regard to capital projects; to clarify and restate its powers with regard to earnings, vocational training, and otherwise; to ratify and approve existing facilities and a warehouse under construction. Referred to Committee on Corrections.
SR 96. By Senators Walker of the 43rd, Langford of the 35th, Tate of the 38th and others:
A resolution proposing an amendment to the Constitution so as to change the terms of office of members of the State Board of Pardons and Paroles; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Governmental Operations.
SR 97. By Senators Edge of the 28th, Foster of the 50th, Garner of the 30th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for sources of revenue other than ad valorem taxes for local school systems by authorizing the county governing authorities to im pose a special 1 percent sales and use tax for educational purposes or by author izing the dedication of all or any portion of any joint county and municipal sales

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and use tax for educational purposes; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Banking and Finance.
The following bills of the House were read the first time and referred to committees:
HB 118. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19881989 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1988-1989. Referred to Committee on Appropriations.
HB 125. By Representatives Twiggs of the 4th, Foster of the 6th, Griffin of the 6th and Langford of the 7th:
A bill to amend Code Section 35-8-6 of the Official Code of Georgia Annotated, relating to the Georgia Peace Officer Standards and Training Council and the appointment of the executive director, so as to prescribe certain training require ments for the executive director and investigators appointed by the executive director; to provide certain powers of the executive director and investigators. Referred to Committee on Public Safety.
HB 155. By Representatives Griffin of the 6th, Foster of the 6th, Patten of the 149th, Poag of the 3rd and McCoy of the 1st:
A bill to amend Chapter 13 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Underground Storage Tank Act," so as to change the provisions relating to the definition of a petroleum product; to change the provi sions relating to the payment of the environmental assurance fee on petroleum products for the purposes of the Underground Storage Tank Trust Fund. Referred to Committee on Natural Resources.
HB 163. By Representatives Lane of the 27th and Watts of the 41st:
A bill to amend Code Section 50-8-101 of the Official Code of Georgia Annotated, relating to books of account, annual auditor's report, annual population esti mates, provision of operating funds for commission of governing bodies, and adoption of annual program and budget with respect to metropolitan area plan ning and development commissions, so as to change the provisions relating to the amounts due from the political subdivisions in the metropolitan area. Referred to Committee on Urban and County Affairs (General).
HB 183. By Representatives Ware of the 77th, Griffin of the 6th, Dunn of the 73rd and others:
A bill to amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or prac tices in the business of insurance, so as to provide that certain direct response advertising shall constitute an unfair trade practice. Referred to Committee on Insurance.
HB 192. By Representatives Porter of the 119th and Groover of the 99th:
A bill to amend Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to the qualifications of state court judges, so as to provide that a state

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court judge shall, on the date he takes office, reside within the judicial circuit containing the geographic area in which he is selected to serve.
Referred to Committee on Judiciary.
HB 202. By Representatives Twiggs of the 4th, Colwell of the 4th, Dover of the llth, Reaves of the 147th and Langford of the 7th:
A bill to amend Code Section 27-1-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the game and fish laws, so as to change certain definitions; to amend Code Section 27-4-74 of the Official Code of Georgia Annotated, relating to the sale, purchase, or transportation of game fish gener ally, so as to exempt farmed domestic fish from the prohibitions of the Code section.
Referred to Committee on Agriculture.
HB 265. By Representatives Orrock of the 30th, McDonald of the 12th and Dunn of the 73rd:
A bill to amend Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to the regulation of aeronautics, aircraft, and airports generally, so as to provide that no person may operate any aircraft in this state within eight hours after the consumption of an alcoholic beverage, while under the influence of alco hol, or while using any drug that affects such person's faculties.
Referred to Committee on Special Judiciary.
HB 285. By Representative Hudson of the 117th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definition of "game fish"; to change the provisions relating to sale of fish by commercial fish hatcher ies; to change the provisions relating to the licensing of wholesale and retail fish dealers.
Referred to Committee on Agriculture.
HB 333. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th, Groover of the 99th and others:
A bill to amend Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the "Uniform Partnership Act," so as to change the provisions relating to statements of partnership and amendments thereto; to provide for a conclu sive presumption against a partnership; to change the provisions relating to ap plication of partnership property to satisfy obligations upon rightful dissolution and rights of partners following wrongful dissolution.
Referred to Committee on Judiciary.
HB 334. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th, Groover of the 99th and others:
A bill to amend Chapter 9 of Title 14 of the Official Code of Georgia Annotated, known as the "Georgia Revised Uniform Limited Partnership Act," so as to change the provisions relating to names of limited partnerships and reservations of names; to amend Part 3 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration of businesses using trade names; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of clerks of the superior courts.
Referred to Committee on Judiciary.

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HB 335. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th, Groover of the 99th and others:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, known as the "Georgia Business Corporation Code," so as to revise said chapter; to provide that each provision of such chapter shall have independent legal sig nificance; to correct typographical, grammatical, stylistic, and punctuation errors and omissions; to change the provisions relating to filing requirements.
Referred to Committee on Judiciary.
HB 336. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th, Groover of the 99th and others:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the provisions relat ing to the filing of documents, registrations, and reports with the Secretary of State; to provide for notice and the giving of notice; to provide for time periods and requirements related thereto.
Referred to Committee on Judiciary.
HB 339. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to probate courts, so as to pro vide that retired judges of the probate courts shall be vested with the same au thority as an active judge of this state for the purpose of performing marriage ceremonies.
Referred to Committee on Special Judiciary.
HB 354. By Representative Randall of the 101st:
A bill to amend Code Section 9-11-36 of the Official Code of Georgia Annotated, relating to written requests for admissions in civil proceedings, so as to provide that matters admitted or denied in the pleadings shall not need to be admitted or denied in the answers to written requests for admission.
Referred to Committee on Special Judiciary.
HB 414. By Representative Lane of the 27th:
A bill to amend Chapter 4 of Title 22 of the Official Code of Georgia Annotated, known as "The Georgia Relocation Assistance and Land Acquisition Policy Act of 1973," so as to provide conformity with federal law; to provide uniform reloca tion assistance to persons displaced by federal-aid projects; to provide uniform land acquisition policies.
Referred to Committee on Urban and County Affairs (General).
HB 461. By Representative Meadows of the 91st:
A bill to amend an Act providing for the compensation of the chairman and members of the board of commissioners of Meriwether County, so as to change the maximum compensation of the chairman and members of the board of com missioners of Meriwether County.
Referred to Committee on Urban and County Affairs.

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HB 498. By Representative Greene of the 130th: A bill to amend an Act incorporating the City of Shellman in the County of Randolph, so as to change the provisions relating to the election of the mayor and councilmen.
Referred to Committee on Urban and County Affairs.
HB 526. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th: A bill to amend an Act providing for the Joint County-Municipal Board of Regis tration and Elections for Dougherty County and the City of Albany, so as to change the provisions relating to membership of the joint board; to remove the supervisor of registration and elections from membership on the joint board.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Agriculture has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 119. Do pass. SB 198. Do pass as amended. SB 225. Do pass.
Respectfully submitted, Senator English of the 21st District, Chairman
Mr. President:
The Committee on Consumer Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 241. Do pass. HB 5. Do pass.
Respectfully submitted, Senator Langford of the 35th District, Chairman
Mr. President:
The Committee on Economic Development and Tourism 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 110. Do pass. HB 151. Do pass.
Respectfully submitted, Senator Broun of the 46th District, Chairman
Mr. President:
The Committee on Governmental Operations has had under consideration the following

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

SB 177. Do pass.

SB 236. Do pass.

SB 179. Do pass.

HB 7. Do pass.

SB 194. Do pass.

HB 15. Do pass.

SB 197. Do pass.

HB 113. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 44. Do pass by substitute. SB 141. Do pass as amended.
Respectfully submitted,
Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 64. Do pass. HB 107. Do pass. HB 108. Do pass.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 70. Do pass by substitute. SB 86. Do pass. SB 226. Do pass.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

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

SB 145. Do pass.

HB 96. Do pass.

SB 195. Do pass.

SB 196. Do pass as amended.

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SB 204. Do pass as amended.
Respectfully submitted, Senator Peevy of the 48th District, Chairman
Mr. President:
The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 201. Do pass. SB 202. Do pass. HB 270. Do pass. HB 307. Do pass. HB 378. Do pass. HB 413. Do pass.
Respectfully submitted,
Senator Harris of the 27th District, Chairman
The following bills and resolutions of the Senate and House were read the second time:
SR 10. By Senator Broun of the 46th: A resolution creating the University System Laboratory, Equipment, Rehabilita tion Technology, and Eminent Scholars Endowment Study Committee.
SR 56. By Senators Allgood of the 22nd and Bowen of the 13th: A resolution creating the Franchised Motor Vehicle Practices Study Committee.
SB 2. By Senator Kidd of the 25th: A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide that employees in the classified service shall be entitled to compensa tion for on-call time; to provide for the rate of compensation; to provide for rules and regulations.
SB 7. By Senator Kidd of the 25th: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to change the provisions relating to restricted driving permits; to provide that a person whose driver's license has been suspended under certain circumstances for failure to have the minimum insurance required by law may apply to the Department of Public Safety for a restricted driving permit.
SB 26. By Senator Barnes of the 33rd: A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to provide funds for constructing, operating, and staffing county jails, county correctional institutions, and county detention facilities; to provide a short title; to provide a statement of purpose and authority.

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SB 35. By Senators Stumbaugh of the 55th, Foster of the 50th, Taylor of the 12th and others:
A bill to amend Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to the filing of certain rates, plans, rating systems, or underwriting rules with the Commissioner of Insurance, so as to provide that no rate, rating plan, rating system, or underwriting rules shall become effective unless it has been ap proved by the Commissioner.
SB 43. By Senator Kidd of the 25th:
A bill to amend Code Section 43-4A-16 of the Official Code of Georgia Anno tated, relating to the signing of a contract prior to termination of an athlete's college eligibility under the "Georgia Athlete Agents Regulatory Act of 1988," so as to require an athlete agent to provide notification upon the signing of an ath lete to an agent contract prior to the termination of the athlete's college eligibility.
SB 46. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide for the payment of overtime to employees in the classified service un less employees agree in writing to accept compensatory time in lieu of overtime pay; to provide for the computation of the overtime premium.
SB 47. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide that regular full-time employees in the classified service who are em ployed by the Department of Human Resources in state operated hospitals or by the Department of Corrections in correctional facilities and are assigned to duty on evening or night shifts shall be eligible for a certain supplement.
SB 133. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from certificate of need requirements, so as to provide for additional exemptions for certain equipment and provide for applicability; to provide an effective date.
SB 134. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from certificate of need requirements, so as to provide additional exemptions for certain facilities providing services to head-injured persons and provide for applicability; to provide an effective date.
SB 137. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemption from applicability, so as to provide for a new exemption for certain renovation and replacement projects; to provide an effective date.
SB 183. By Senators Pollard of the 24th and Deal of the 49th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, so as to revise the specified duties of the clerk of superior court generally; to provide that the clerk of superior court shall be authorized to consolidate or combine books, dockets, and indices; to authorize the use of electronic or automated methods or systems of record keeping.

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SB 192. By Senator Brannon of the 51st:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change the provisions relating to the requirement that coroners take an annual training course; to change the amount of annual training required for certified coroners; to provide an effective date.

SB 214. By Senators Allgood of the 22nd and Bowen of the 13th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act," so as to change the defini tion of a "used car dealer"; to change the composition of the State Board of Registration of Used Car Dealers; to provide for licensure of certain persons op erating as used motor vehicle dealers.

HB 101. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Code Section 40-2-30, relating to issuance of license plates, so as to repeal the authorization for use of a surety bond to purchase 75 percent of a license plate.

HB 159. By Representatives Buck of the 95th, Lane of the lllth, Stancil of the 66th and others:
A bill to amend Article 3 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to voluntary deductions from wages or salaries of state employees for benefit of charitable organizations, so as to specifically include the board of regents and all units of the university system in the definition of state agencies participating in the program and authorized to make deductions from the salaries or wages of their employees.

HB 160. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A bill to amend Code Section 20-3-391 of the Official Code of Georgia Annotated, relating to the authorization and applicability of the state student incentive grant program, so as to remove the maximum amount of the grant and authorize the board of directors of the Georgia Student Finance Authority to establish the maximum award subject to state appropriations.

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

Albert Allgood Baldwin Barker Barnes Brannon
roun urton pCCoo,llyleimnsan Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Hammill Harris Huggins
Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th SS_ thaurmr ake Stumbaugh Tate Taylor Turner Tysinger Walker

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401

Those not answering were Senators:

Bowen Coverdell Fuller

Garner Gillis

Howard Timmons

Senator Barker of the 18th introduced the chaplain of the day, Reverend Steve Scoggins, pastor of Green Acres Baptist Church, Warner Robins, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 98. By Senator Deal of the 49th: A resolution commending the Georgia Recreation and Park Society.

SR 100. By Senator Kennedy of the 4th: A resolution commending Tattnall County Historic Preservation, Inc.

SR 101. By Senators Scott of the 2nd and Coleman of the 1st: A resolution honoring Mrs. Gertrude Greene.

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

SENATE LOCAL CONSENT CALENDAR Thursday, February 2, 1989
SIXTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 201 Phillips, 9th Peevy, 48th Gwinnett County
To repeal an Act creating the Gwinnett County Public Facilities Authority.

SB 202 Phillips, 9th Peevy, 48th Gwinnett County
To amend an Act creating the Gwinnett County Recreation Authority, so as to provide that the authority shall not be authorized to issue certain revenue bonds; to provide that certain moneys, proceeds, grants, contributions, reve nues, income, fees, and earnings shall be applied solely for debt service.

HB 270 Johnson, 47th Foster, 50th Town of Martin Part Franklin County, Part Stephens County
To provide for a new charter for the Town of Martin.

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HB 307 Foster, 50th Habersham County
To amend an Act creating and establishing the State Court of Habersham County, so as to provide for a secretary for the judge of such court.

HB 378 Edge, 28th City of Newnan Coweta County
To provide a new charter for the City of Newnan.

HB 413 Dean, 31st Polk County
To amend an Act creating the office of Tax Commissioner of Polk County, so as to change the provisions relating to the compensation of the tax commis sioner.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land 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 voting were Senators:

Barnes Broun

Coverdell Fuller

Garner

On the passage of all the local bills, the yeas were 51, nays 0.

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

Senator Kidd of the 25th moved that the following bill of the Senate be withdrawn

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403

from the Senate Committee on Appropriations and committed to the Senate Committee on Governmental Operations:
SB 243. By Senators Stumbaugh of the 55th, Kidd of the 25th, Allgood of the 22nd and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the comprehensive preservation of private enterprise with respect to government competition; to provide for legislative in tent; to provide for definitions; to prohibit state agencies from instituting or car rying on any commercial activity to provide goods or services for its own use.
On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 243 was with drawn from the Senate Committee on Appropriations and committed to the Senate Com mittee on Governmental Operations.
Senator Broun of the 46th introduced the doctor of the day, Dr. William Mayberry, of Watkinsville, Georgia.
Senator Howard of the 42nd introduced Dr. Gail Anderson, Dr. Hank Siegelson and Dr. James Dugal, emergency physicians at Atlanta area hospitals, who gave medical assistance in the relief efforts in the Armenian Republic of the Soviet Union following the recent earthquake there, and were commended by SR 21 adopted previously, and Dr. Dugal briefly addressed the Senate.
Senator Johnson of the 47th introduced the Franklin County High School Academic Bowl team for 1988, who were commended by SR 94 adopted previously, and their teacher, John Beasley, briefly addressed the Senate.
SENATE CALENDAR
Thursday, February 2, 1989
SIXTEENTH LEGISLATIVE DAY
SB 127 Motor Vehicle Insurance Applicant--restriction on adverse decisions (Substitute) (Ins--39th)
SB 150 Financial Institution Subsidiaries, Affiliates--regulate (B&F--8th) SB 151 Financial Institution--initial filing with Banking and Finance Department
(Amendment) (B&F--8th) SB 175 Liability, Casualty Insurer, Insured--certain information to claimant (Amend
ment) (S Judy--28th) SB 181 Divorce--conditions for mediation of domestic case (Amendment)
(S Judy--48th) SB 199 Operating Automobile Without Insurance--incarceration (Ins--44th)
SR 5 Marietta--conveyance of certain state owned property (Pub U--33rd)
SR 22 Wilkinson County--nonexclusive easements, state owned property (Pub U--25th)
SR 25 Savannah River Property--certain easements, state owned property (Pub U--1st)
HB 29 Reckless Abandonment of Child--provide for offense (C&Y--15th) HB 111 Juvenile Confinement--counting confined time before transfer (C&Y--35th)
HB 245 Corporations, Partnerships--conditions of issuance of shares (S Judy--29th)

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The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:
SB 127. By Senator Shumake of the 39th:
A bill to amend Chapter 39 of Title 33 of the Official Code of Georgia Annotated, relating to the collection, use, and disclosure of information gathered by insur ance institutions, so as to provide that with respect to a personal or family type policy of motor vehicle insurance an insurance institution or agent may not use as the sole basis for an adverse underwriting decision the fact that the applicant has never purchased such a policy.
The Senate Committee on Insurance offered the following substitute to SB 127:
A BILL
To be entitled an Act to amend Chapter 39 of Title 33 of the Official Code of Georgia Annotated, relating to the collection, use, and disclosure of information gathered by insur ance institutions, so as to provide that with respect to a personal or family type policy of motor vehicle insurance an insurance institution or agent may not use as the sole basis for an adverse underwriting decision the fact that the applicant has never purchased such a policy or has not purchased such a policy during a certain time period preceding the date of application; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 39 of Title 33 of the Official Code of Georgia Annotated, relating to the collection, use, and disclosure of information gathered by insurance institutions, is amended by striking Code Section 33-39-13, relating to the limitation of adverse underwrit ing decisions, and inserting in its place a new Code Section 33-39-13 to read as follows:
"33-39-13. (a) No insurance institution or agent may base an adverse underwriting deci sion in whole or in part:
(1) On the fact of a previous adverse underwriting decision or on the fact that an indi vidual previously obtained insurance coverage through a residual market mechanism; pro vided, however, an insurance institution or agent may base an adverse underwriting decision on further information obtained from an insurance institution or agent responsible for a previous adverse underwriting decision;
(2) On personal information received from an insurance-support organization whose pri mary source of information is insurance institutions; provided, however, an insurance insti tution or agent may base an adverse underwriting decision on further personal information obtained as the result of information received from such insurance-support organization.
(b) With respect to a personal or family type policy of motor vehicle insurance, no insurance institution or agent may base an adverse underwriting decision solely on the fact that the applicant has never purchased such a policy of motor vehicle insurance or has not owned or been covered by such a policy of motor vehicle insurance during any specified period immediately preceding the date of application."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

THURSDAY, FEBRUARY 2, 1989

405

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen
BBmClruaaryntonnon Coleman Collins
Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Gillis Hammill
HJIKToeuhngnngsleondjnsy Kidd Land
Newbill Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Rav Scott of 2nd
Ssch,cuomtt aok,fe36th
Stumbaugh
Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Broun Coverdell Fuller

Garner Harris Howard

Langford McKenzie Timmons

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

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

SB 150. By Senators Turner of the 8th, McKenzie of the 14th and Coleman of the 1st:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to authorize regulations of the Department of Banking and Finance relative to subsidiaries and affiliates of financial institu tions, competition with others providing financial services, and unfair or decep tive business practices; to provide for additional operational powers of banks and trust companies.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Burton Clay Coleman Collins Dawkins Dean Echols

Edge English Engram Fincher Foster Gillis Hammill Harris Huggins Johnson Kennedy Kidd Land

Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd

406

JOURNAL OF THE SENATE

Scott of 36th Starr Stumbaugh

Tate Taylor Timmons

Turner Tysinger Walker

Voting in the negative was Senator Deal.

Those not voting were Senators:

Barnes Broun Coverdell

Fuller Garner

Howard Shumake

On the passage of the bill, the yeas were 48, nays 1.

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

SB 151. By Senators Turner of the 8th, McKenzie of the 14th and Coleman of the 1st:

A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated,

;

relating to financial institutions, so as to provide for initial filings with the De

partment of Banking and Finance instead of the Secretary of State in order to

facilitate perfection of the filings between the department and the filing party; to

provide the procedures connected therewith.

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

-V :

Amend SB 151 by striking lines 1 through 16 of page 2 and inserting in their place the j-;;

following:

--".

"(b) Such reservation may be made by filing with the department an application in duplicate to reserve a specified name. If the department concludes that the use of the name complies with the requirements of Code Section 7-1-130 and is otherwise consistent with the purposes and provisions of this chapter, and is distinguishable upon the records of the Sec retary of State from the name of any other corporation, limited partnership, or professional association, it shall reserve the name and notify the Secretary of State of such name reservation."

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Burton Clay Coleman Collins

Dawkins Deal Dean Echols Edge English Engram Fincher Foster Gillis Hammill

Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead

THURSDAY, FEBRUARY 2, 1989

407

Parker Peevy Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Scott of 36th Starr Stumbaugh

Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Coverdell Fuller

Garner Ray Scott of 2nd

Shumake Taylor

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

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

SB 175. By Senators Edge of the 28th, Dawkins of the 45th, Clay of the 37th and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transactions of insurance, so as to provide that insurers who provide liability or casualty insurance coverage and the insured shall upon the request of a claimant provide certain information to such claimant.

The Senate Committee on Special Judiciary offered the following amendment:

Amend SB 175 by inserting on line 5 of page 1 between the words "coverage" and "and" the following:
"except professional liability coverage". By inserting on line 16 of page 1 between the words "coverage" and "in" the following: "except professional liability coverage". By inserting on line 20 of page 1 between the words "officer" and "or" the following: ", a duly authorized representative,". By inserting on line 23 of page 1 between the word "insurance" and the symbol "," the following: "issued by that particular insurer". By striking from line 3 of page 2 the following: "or his insurance agent".

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

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Brannon

Broun Clay Coleman Dawkins Edge

English Engram Foster Gillis Harris

408

JOURNAL OF THE SENATE

Huggins Johnson Kennedy
Langford McKenzie Newbill Olmstead

Parker Peevy Phillips
Pollard Ra&an of 10th Ragan of 32nd Ray

Scott of 36th Starr Stumbaugh
Tate Turner Tysinger Walker

Those voting in the negative were Senators:

Burton Collins

Deal Echols

Fincher Perry

Those not voting were Senators:

Albert Bwel> Coverdell D ean Fuller

Garner Hammill Howard Land

Scott of 2nd Shumake Taylor Timmons

On the passage of the bill, the yeas were 37, nays 6.

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

SB 181. By Senators Peevy of the 48th, Ragan of the 10th, Taylor of the 12th and Edge of the 28th:
A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to provide that a superior court judge may order the mediation of a domestic case if the judicial circuit has provided for local rules to govern such mediation proceedings; to provide for a minimal fee to cover the costs of mediation.

The Senate Committee on Special Judiciary offered the following amendment:

Amend SB 181 by striking from line 8 of page 2 the following: "to cover the cost of mediation by the parties.", and inserting in lieu thereof the following: "on any person filing a domestic relations action." On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Brannon Burton

Clay Coleman Collins Dawkins Deal

Dean Edge English Engram Fincher

THURSDAY, FEBRUARY 2, 1989

409

Foster Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford

McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray

Scott of 2nd Scott of 36th Starr Stumbaugh
T1 aa\tfpC
Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Baldwin Bowen

Broun Coverdell Echols

Fuller Garner Shumake

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

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

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

SB 199. By Senators Starr of the 44th, Deal of the 49th and Collins of the 17th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to provide that the period of incarceration for violating the provisions of Code Section 33-34-12 shall be increased.

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

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

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Bowen Brannon
p urton PLC o0 lH, yeimnsan Dawkins Deal Echols Edge

English Engram Fincher Foster Gillis
Hammill Harris Huggins Johnson Land Langford McKenzie

Newbill Perry Phillips Pollard Ragan of 10th
Ragan of 32nd RS_, caoytt of 2nd Starr Taylor Timmons Turner

Those voting in the negative were Senators:

Allgood Howard Kidd Olmstead

Parker Peevy Shumake

Stumbaugh Tate Tysinger

410

JOURNAL OF THE SENATE

Those not voting were Senators:

Albert Broun Coverdell

Dean Fuller Garner

Kennedy (presiding) Scott of 36th Walker

On the passage of the bill, the yeas were 37, nays 10.

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

SR 5. By Senator Barnes of the 33rd:
A resolution authorizing the conveyance of certain state owned property located in the City of Marietta, Georgia, to the Downtown Marietta Development Au thority; to authorize the sale of certain state owned property which is the subject of a lease with the City of Marietta under certain conditions; to provide an effec tive date.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Broun ^urton Clay CCoollleimnsan
Dawkins Deal Echols Edge English Engram

Fincher Foster Gillis Hammill Harris Howard Uuggms Johnson LKaidndd
Langford Newbill Olmstead Parker Peevy Perry

Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Q *Sttaumrb, augh,
Tate Tavlor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Brannon Coverdell

Dean Fuller Garner

Kennedy (presiding) McKenzie Phillips

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

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

SR 22. By Senator Kidd of the 25th:
A resolution granting nonexclusive easements for construction, operation, and maintenance of roads and transmission and power lines in, on, under, over, upon, across, and through property owned by the State of Georgia in Wilkinson County, Georgia; to provide an effective date.

THURSDAY, FEBRUARY 2, 1989

411

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon B roun B,urton Clay CCoollleimnsan
Dawkins Deal Dean
Echols Edge English

Engram Fincher Foster Gillis Hammill Harris Howard Huggms Johnson LKaidndd
Langford McKenzie Newbill
Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 3Znd Ray Scott of 2nd gcott Qf 36th Q ^Stuarmr b, augh,
Tate Taylor Timmons
Turner Tysinger Walker

Voting in the negative was Senator Shumake.

Those not voting were Senators:

Albert Coverdell

Fuller Garner

Kennedy (presiding)

On the adoption of the resolution, the yeas were 50, nays 1.

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

SR 25. By Senator Coleman of the 1st:
A resolution authorizing the State Properties Commission to convey to the De velopment Authority of Chatham County, Georgia, and Union Camp Corpora tion, easements for the drilling, boring, constructing, laying, operating, maintain ing, repairing, removing, and replacing of an outfall structure, a diffuser system, pipelines, conduits, and electrical cables in, on, under, over, upon, across, and through certain state owned property situated in the Savannah River, Chatham County, Georgia.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen

Brannon Burton Clay Coleman Collins

Dawkins Deal Dean Echols Edge

412

JOURNAL OF THE SENATE

English Engram Fincher Fster
kHH'aalmrhrsims i.l.l. Howard Huggins Johnson Kidd Land

Langford McKenzie Newbill Olmstead
PnPeaerkvyer Perrv Phillips Pollard Ragan of 10th Ragan of 32nd

Ray Scott of 2nd Shumake Starr
S^Ttautme baugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Broun Coverdell

Fuller Garner

Kennedy (presiding) Scott of 36th

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

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

HB 29. By Representative Alien of the 127th:
A bill to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to provide for the offense of reck less abandonment of a child; to provide for the elements of such offense.
Senate Sponsor: Senator Parker of the 15th.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Bowen Brannon Broun B urton
CCloalfh. ns Dawkins Deal
Dean Echols Edge English Fincher Foster

Gillis Hammill Harris Howard Huggins Johnson
TM Landd, Langford McKenzie
Newbill Olmstead Parker Peevy Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 3gth
S,, humake *tarr , , Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Barker Barnes

Coleman Coverdell Engram

Fuller Garner Kennedy (presiding)

THURSDAY, FEBRUARY 2, 1989

413

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

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

The President resumed the Chair.

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

HB 1. By Representatives Smyre of the 92nd, Murphy of the 18th, Hooks of the 116th, Lawson of the 9th and Coleman of the 118th:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, and accommodations, so as to change the rates at which such tax may be levied in certain counties and municipalities at certain times; to change the periods of time during which the levy of such tax at certain rates is authorized in certain counties and municipalities.

Senator Broun of the 46th moved that the Senate recede from the Senate amendments thereto.

Senator Scott of the 36th moved that the Senate insist upon the Senate amendments thereto.

The President ruled that the motion offered by Senator Scott of the 36th takes precedence.

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

Those voting in the affirmative were Senators:

Allgood Barker Collins Deal Hammill Howard

Kidd Olmstead Parker Peevy Pollard Scott of 2nd

Scott of 36th Shumake Stumbaugh Tate Taylor Walker

Those voting in the negative were Senators:

Albert Baldwin Barnes
Bowen rannon
nBClua"ryt"on Coleman Dawkins Dean Echols

Edge English Fincher
Foster Gillis
Harris Huggms Johnson Kennedy Land Langford

McKenzie Newbill Perry
Phillips Ragan of 10th
RRaayg6an of 32nd Starr Timmons Turner Tysinger

414

JOURNAL OF THE SENATE

Those not voting were Senators:

Coverdell Engram

Fuller

Garner

On the motion, the yeas were 18, nays 34; the motion offered by Senator Scott of the 36th was lost, and the Senate did not insist upon the Senate amendments to HB 1.

On the motion offered by Senator Broun of the 46th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen 8TMTM" Broun BCluaryton Coleman
Dawkins Dean Echols Edge English

Fincher Foster Gillis Harris Howard Huggins JKoehnnnseodny Kidd
Langford McKenzie Newbill Olmstead Parker

Perry Phillips Pollard Ragan of 10th R of 32nd R Sc coytt of 36th Starr
Tate Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Allgood Barker Collins

Deal Hammill Peevy

Scott of 2nd Shumake Stumbaugh

Those not voting were Senators:

Coverdell Engram

Fuller Garner

Land Taylor

On the motion, the yeas were 41, nays 9; the motion prevailed, and the Senate receded from the Senate amendments to HB 1.

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

HB 111. By Representatives Oliver of the 53rd and Smyre of the 92nd:
A bill to amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felony acts, definitions, and restrictive custody disposition, so as to provide that time spent by a juvenile in secure detention prior to such juvenile's transfer to a youth development center will be counted toward the con finement period issued by the court order.
Senate Sponsor: Senator Langford of the 35th.

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

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

THURSDAY, FEBRUARY 2, 1989

415

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Coleman Collins Dawkins
Deal Dean Echols Edge English

Fincher Foster Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker

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

Those not voting were Senators:

Clay Coverdell Engram

Fuller Garner

Scott of 36th Starr

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

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

HB 245. By Representatives Robinson of the 96th, Thomas of the 69th, Moultrie of the 93rd and others:
A bill to amend Code Section 14-2-86 of the Official Code of Georgia Annotated, relating to rights and options to purchase shares, so as to provide that a board of directors may determine the terms and conditions of issuance and exercise of rights, options, or warrants; to provide that the term of such rights, options, or warrants may include restrictions or conditions that preclude or limit the exer cise, transfer, or receipt of, or invalidate or void, any such rights, options, or warrants.
Senate Sponsors: Senators Baldwin of the 29th and Edge of the 28th.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Broun Clay Coleman Collins Dawkins

Dean Edge English Fincher Foster Gillis Hammill Harris Howard

Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Peevy

416

JOURNAL OF THE SENATE

>

Perry

Ray

I

Phillips

Shumake

|

Pollard

Starr

Ragan of 10th

Stumbaugh

Ragan of 32nd

Taylor Timmons Turner Tysinger

Those voting in the negative were Senators:

Allgood Barker Brannon Burton

Deal Echols Langford Parker

Scott of 2nd Tate Walker

Those not voting were Senators:

Coverdell Engram

Fuller Garner

Scott of 36th

On the passage of the bill, the yeas were 40, nays 11.

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

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.



At 12:31 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock



A.M. tomorrow.

FRIDAY, FEBRUARY 3, 1989

417

Senate Chamber, Atlanta, Georgia Friday, February 3, 1989
Seventeenth Legislative Day
The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator 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 message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 454. By Representatives Jamieson of the llth and Dover of the llth: A bill to amend an Act incorporating the City of Toccoa, so as to change the provisions relating to the election and taking of office of the city commissioners.
HB 512. By Representative Reaves of the 147th: A bill to amend an Act creating the board of county commissioners of Brooks County, so as to change the compensation of the chairman and the members of the board of county commissioners.
HB 523. By Representatives Dixon of the 151st and Smith of the 152nd: A bill to amend an Act incorporating the City of Kingsland, so as to change the corporate limits of such municipality.
HB 528. By Representatives Godbee of the 110th and Lane of the lllth: A bill to amend an Act placing the coroner of Bulloch County on an annual sal ary, so as to change the amount of expenses to be received by the coroner.
HB 536. By Representative Connell of the 87th: A bill to amend an Act creating the Augusta Ports Authority, so as to change the definition of the term "project"; to change the provisions relating to powers of the authority.
HB 530. By Representative Moultrie of the 93rd: A bill to provide a $2,000.00 homestead exemption from ad valorem taxes of the City of Shiloh for certain individuals.
HB 350. By Representative Alien of the 127th: A bill to amend Title 1 of the Official Code of Georgia Annotated, relating to general provisions affecting the laws and government of the state, so as to au thorize the board of directors of certain authorities to change the name and style under which their authorities operate.

418

JOURNAL OF THE SENATE

HB 412. By Representatives Murphy of the 18th, Watts of the 41st and Cummings of the 17th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of this state, so as to change the terms for the Superior Courts of the Tallapoosa Judicial Circuit.
HB 161. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A bill to amend Code Section 20-3-234 of the Official Code of Georgia Annotated, relating to the board of commissioners of the Georgia Student Finance Commis sion, so as to increase the compensation of the commissioners.
HB 280. By Representative Thompson of the 20th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to authorize persons who operate motorcycles to wear headsets or headphones.
HB 185. By Representative Randall of the 101st:
A bill to amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, so as to provide that licenses of certain persons shall be returned upon the acceptance of a plea and payment of the imposed fine.
HB 50. By Representatives Rainey of the 135th and Moody of the 153rd:
A bill to amend Code Section 27-2-21 of the Official Code of Georgia Annotated, relating to field and retriever trials and permits therefor, so as to change the provisions relating to the requirement that participants have hunting licenses.
HB 492. By Representatives Benn of the 38th, Jackson of the 9th, Cummings of the 17th, Martin of the 26th, Hasty of the 8th and others:
A bill to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars, so as to provide for the removal of other personal property from private real property; to provide for posting of no tice; to provide for maximum removal and storage fees; to provide for a lien for such fees.
HB 466. By Representatives Groover of the 99th, Walker of the 115th and Murphy of the 18th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, so as to authorize the sentencing judge upon request to release a de fendant on the defendant's personal recognizance pending the defendant's sur rendering voluntarily on a fixed date at a designated correctional institution op erated by or under the jurisdiction and supervision of the Department of Corrections.
HB 377. By Representative Lawson of the 9th:
A bill to amend Chapter 39 of the Official Code of Georgia Annotated, relating to street improvements, so as to increase the amount of the interest rate on street improvement bonds.
HB 261. By Representatives Waddle of the 113th, Adams of the 79th, Heard of the 43rd, Jones of the 71st and Felton of the 22nd: A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the "Handicapped Parking Law," so as to au-

FRIDAY, FEBRUARY 3, 1989

419

thorize businesses to designate additional handicapped parking places for use by nonambulatory permanently handicapped persons; to provide for the marking of such handicapped parking places for the nonambulatory.
HB 134. By Representatives Green of the 106th, Ricketson of the 82nd and Parrish of the 109th:
A bill to amend Code Section 27-4-92 of the Official Code of Georgia Annotated, relating to use of fish baskets in commercial fresh-water fishing, so as to limit the number of fish baskets allowed on Lake Sinclair and Lake Oconee to three bas kets per person.
HB 309. By Representatives Hooks of the 116th, Watson of the 114th and Bargeron of the 108th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds and other bonds required on contracts with the state and other political subdivisions for public works, so as to provide that this Code sec tion shall not apply where the total contract price does not exceed $40,000.00
SB 88. By Senators Gillis of the 20th, Echols of the 6th and Kennedy of the 4th:
A bill to amend Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, so as to provide requirements relative to the harvest and sale of pine straw; to provide for definitions; to pro vide for findings; to provide for certificates of harvest; to provide that it shall be unlawful to sell or purchase pine straw without certificates of harvest.
HB 495. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confinement, so as to include personal notice in writing by a court official or officer of the court; to amend Article 5 of Chapter 7 of Title 17 of the Official Code of Georgia Anno tated, relating to arraignments and pleas generally, so as to provide that a bench warrant shall be issued for the arrest of a person charged with a crime.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 258. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relating to retirement allowances; to provide that certain members with at least 33 years of service shall be eligible to retire forthwith and upon retirement shall be paid not less than the service retirement allowance which would have been payable upon service retirement. Referred to Committee on Retirement.
SB 259. By Senator Kidd of the 25th:
A bill to provide for the election of the members of the board of education of Jasper County; to provide for education districts; to provide the composition of the board; to provide for qualifications and residency requirements; to provide for terms of office; to provide for continuation in office of members of the present board; to provide for elections.
Referred to Committee on Urban and County Affairs.

420

JOURNAL OF THE SENATE

SB 260. By Senator Bowen of the 13th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change certain provisions relative to the organization of the headquarters staff; to abolish the position of deputy commissioner. Referred to Committee on Public Safety.
SB 261. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation, etc., of fire and other hazards to persons and property generally, so as to change the provisions relating to buildings presenting special hazards to persons or property and requiring special standards of construction and maintenance; to change certain provisions relating to shopping centers and malls. Referred to Committee on Industry and Labor.
SB 262. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Code Section 35-2-43 of the Official Code of Georgia Annotated, relating to persons eligible for appointment to or enlistment in the Uniform Divi sion of the Department of Public Safety, so as to change certain qualifications. Referred to Committee on Public Safety.
SB 263. By Senators Shumake of the 39th, Scott of the 2nd and Langford of the 35th:
A bill to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle sales financing, so as to prohibit the delivery of a motor vehicle sold pursuant to a retail installment transaction prior to un conditional acceptance of a retail installment contract by the seller or other person. Referred to Committee on Industry and Labor.
SB 264. By Senator Dawkins of the 45th:
A bill to amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to provide for definitions; to provide for the legal rate of interest and pawnshop charge which may be charged by a pawnbroker; to provide that amounts in excess of the legal interest rate and pawnshop charge shall be uncollectable and shall void the pawn transaction. Referred to Committee on Industry and Labor.
SB 265. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Code Section 28-7-2 of the Official Code of Georgia Annotated, relating to registration with the Secretary of State of persons representing orga nizations, etc., before the General Assembly, so as to require persons representing state departments, agencies, boards, commissions, or authorities to register; to exempt such state officials from the registration fee. Referred to Committee on Judiciary.
SB 266. By Senator Deal of the 49th:
A bill to amend an Act creating the State Court of Hall County, as amended, so as to change the compensation provisions relating to the judge and the solicitor of said court; to provide an effective date. Referred to Committee on Urban and County Affairs.

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421

SB 267. By Senators Stumbaugh of the 55th, Taylor of the 12th, Dawkins of the 45th and Tysinger of the 41st:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for creation of the Georgia Health Insurance Pool; to provide for a short title; to provide for definitions; to provide for membership in the pool; to provide for operation of the pool; to provide for a board of directors; to provide for powers and duties of the pool. Referred to Committee on Insurance.
SB 268. By Senators Howard of the 42nd, Starr of the 44th, Barnes of the 33rd and others:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for legislative intent; to require the Department of Medical Assistance to establish a Medicaid Prescription Drug Bidding and Rebate Program and provide for condi tions, procedures, and requirements relating thereto. Referred to Committee on Human Resources.
SB 269. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, so as to authorize the governing authority of any county to provide, and to expend county funds for the provisions of, health in surance, life insurance, disability insurance, liability insurance, retirement and pension coverage, and other similar or related employment benefits for elected county officers and the personnel thereof. Referred to Committee on Urban and County Affairs (General).
SB 270. By Senator Barnes of the 33rd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the provisions relating to notices of special meetings of agencies; to define the term "agency" as used in the laws relating to inspection of public records. Referred to Committee on Special Judiciary.
SB 271. By Senator Barnes of the 33rd:
A bill to amend Code Section 9-13-143 of the Official Code of Georgia Annotated, relating to rates for legal advertisements, so as to change the rates for legal advertisements. Referred to Committee on Special Judiciary.
SR 99. By Senator Foster of the 50th:
A resolution creating the Joint Georgia Military College Study Committee to study the relationship of the State of Georgia to Georgia Military College for the purpose of making recommendations on future policy and funding directions. Referred to Committee on Education.
SR 102. By Senators Deal of the 49th, Peevy of the 48th and Dawkins of the 45th:
A resolution proposing an amendment to the Constitution so as to provide for the election of members of the State Board of Education and the appointment of the state school superintendent; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Education.

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JOURNAL OF THE SENATE

SR 103. By Senators Gillis of the 20th, McKenzie of the 14th and English of the 21st:
A resolution creating the Joint Study Committee on Solid Waste Management. Referred to Committee on Natural Resources.
SR 104. By Senators Howard of the 42nd, Starr of the 44th, Barnes of the 33rd and others:
A resolution urging the Department of Medical Assistance to take certain actions to control Medicaid drug expenditures. Referred to Committee on Human Resources.
The following bills of the House were read the first time and referred to committees:
HB 50. By Representatives Rainey of the 135th and Moody of the 153rd:
A bill to amend Code Section 27-2-21 of the Official Code of Georgia Annotated, relating to field and retriever trials and permits therefor so as to change the pro visions relating to the requirement that participants have hunting licenses. Referred to Committee on Natural Resources.
HB 134, By Representatives Green of the 106th, Ricketson of the 82nd and Parrish of the 109th:
A bill to amend Code Section 27-4-92 of the Official Code of Georgia Annotated, relating to use of fish baskets in commercial fresh-water fishing, so as to limit the number of fish baskets allowed on Lake Sinclair and Lake Oconee to three bas kets per person. Referred to Committee on Natural Resources.
HB 161. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A bill to amend Code Section 20-3-234 of the Official Code of Georgia Annotated, relating to the board of commissioners of the Georgia Student Finance Commis sion, so as to increase the compensation of the commissioners. Referred to Committee on Higher Education.
HB 185. By Representative Randall of the 101st:
A bill to amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, so as to provide that licenses of certain persons shall be returned upon the acceptance of a plea and payment of the imposed fine. Referred to Committee on Special Judiciary.
HB 261. By Representatives Waddle of the 113th, Adams of the 79th, Heard of the 43rd, Jones of the 71st and Felton of the 22nd:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the "Handicapped Parking Law," so as to au thorize businesses to designate additional handicapped parking places for use by nonambulatory permanently handicapped persons; to provide for the marking of such handicapped parking places for the nonambulatory. Referred to Committee on Human Resources.

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423

HB 280. By Representative Thompson of the 20th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to authorize persons who operate motorcycles to wear headsets or headphones. Referred to Committee on Public Safety.
HB 309. By Representatives Hooks of the 116th, Watson of the 114th and Bargeron of the 108th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds and other bonds required on contracts with the state and other political subdivisions for public works, so as to provide that this Code sec tion shall not apply where the total contract price does not exceed $40,000.00. Referred to Committee on Industry and Labor.
HB 350. By Representative Alien of the 127th:
A bill to amend Title 1 of the Official Code of Georgia Annotated, relating to general provisions affecting the laws and government of the state, so as to au thorize the board of directors of certain authorities to change the name and style under which their authorities operate. Referred to Committee on Governmental Operations.
HB 377. By Representative Lawson of the 9th:
A bill to amend Chapter 39 of the Official Code of Georgia Annotated, relating to street improvements, so as to increase the amount of the interest rate on street improvement bonds. Referred to Committee on Urban and County Affairs (General).
HB 412. By Representatives Murphy of the 18th, Watts of the 41st and Cummings of the 17th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of this state, so as to change the terms for the Superior Courts of the Tallapoosa Judicial Circuit. Referred to Committee on Judiciary.
HB 466. By Representatives Groover of the 99th, Walker of the 115th and Murphy of the 18th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, so as to authorize the sentencing judge upon request to release a de fendant on the defendant's personal recognizance pending the defendant's sur rendering voluntarily on a fixed date at a designated correctional institution op erated by or under the jurisdiction and supervision of the Department of Corrections. Referred to Committee on Judiciary.
HB 492. By Representatives Benn of the 38th, Jackson of the 9th, Cummings of the 17th and others:
A bill to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars, so as to provide for the removal of other personal property from private real property; to provide for posting of no tice; to provide for maximum removal and storage fees; to provide for a lien for such fees. Referred to Committee on Special Judiciary.

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JOURNAL OF THE SENATE

HB 495. By Representatives Thomas of the 69th and Simpson of the 70th: A bill to amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confinement, so as to include personal notice in writing by a court official or officer of the court; to amend Article 5 of Chapter 7 of Title 17 of the Official Code of Georgia Anno tated, relating to arraignments and pleas generally, so as to provide that a bench warrant shall be issued for the arrest of a person charged with a crime.
Referred to Committee on Judiciary.
HB 454. By Representatives Jamieson of the llth and Dover of the llth: A bill to amend an Act incorporating the City of Toccoa, so as to change the provisions relating to the election and taking of office of the city commissioners.
Referred to Committee on Urban and County Affairs.
HB 512. By Representative Reaves of the 147th: A bill to amend an Act creating the board of county commissioners of Brooks County, so as to change the compensation of the chairman and the members of the board of county commissioners.
Referred to Committee on Urban and County Affairs.
HB 523. By Representatives Dixon of the 151st and Smith of the 152nd: A bill to amend an Act incorporating the City of Kingsland, so as to change the corporate limits of such municipality.
Referred to Committee on Urban and County Affairs.
HB 528. By Representatives Godbee of the 110th and Lane of the lllth: A bill to amend an Act placing the coroner of Bulloch County on an annual sal ary, so as to change the amount of expenses to be received by the coroner.
Referred to Committee on Urban and County Affairs.
HB 530. By Representative Moultrie of the 93rd: A bill to provide a $2,000.00 homestead exemption from ad valorem taxes of the City of Shiloh for certain individuals.
Referred to Committee on Urban and County Affairs.
HB 536. By Representative Connell of the 87th: A bill to amend an Act creating the Augusta Ports Authority, so as to change the definition of the term "project"; to change the provisions relating to powers of the authority.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Appropriations has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 240. Do pass.

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425

HB 381. Do pass.

Respectfully submitted, Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Children and Youth has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 124. Do pass. SB 180. Do pass.
Respectfully submitted,
Senator Barker of the 18th District, Chairman

Mr. President:

The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 100. Do not pass.
Respectfully submitted,
Senator Ray of the 19th District, Chairman

Mr. President:

The Committee on Education 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 93. Do pass by substitute. SB 147. Do pass.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

Mr. President:

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

SB 232. Do pass.

HB 63. Do pass.

HB 59. Do pass.

HB 66. Do pass.

HB 62. Do pass.

HB 72. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

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

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JOURNAL OF THE SENATE

SB 9. Do pass by substitute. SB 178. Do pass by substitute.
Respectfully submitted, Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 157. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

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

SB 152. SB 160. HB 42. HB 43.

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

HB 90. HB 142. HB 143.

Do pass as amended. Do pass. Do pass.

Respectfully submitted,

Senator Timmons of the llth District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 249. Do pass by substitute. HB 271. Do pass.
Respectfully submitted,
Senator Harris of the 27th District, Chairman

Mr. President:

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

SB 253. Do pass.

HB 373. Do pass.

HB 347. Do pass.

HB 434. Do pass.

HB 371. Do pass.

HB 445. Do pass.

Respectfully submitted,

Senator Harris of the 27th District, Chairman

FRIDAY, FEBRUARY 3, 1989

427

The following bills of the Senate and House were read the second time:
SB 44. By Senator Kidd of the 25th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds and other bonds required on contracts with the state and other political subdivisions for public works, so as to require contractors to pro vide payment bonds for the use and protection of persons supplying labor or materials to a subcontractor of the principal contractor.
SB 70. By Senators McKenzie of the 14th, Gillis of the 20th, Turner of the 8th and others:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to the management, handling, and disposal of solid waste, so as to provide for definitions; to provide for certification of sanitary landfill opera tors; to provide for examinations; to provide for reciprocity; to provide for inves tigations; to provide for classification of sanitary landfills.
SB 119. By Senator Timmons of the llth:
A bill to amend Code Section 26-2-112 of the Official Code of Georgia Annotated, relating to exceptions to the provisions requiring inspection of the slaughter of animals and the preparation of the carcasses, parts thereof, meat, and meat food products, so as to change the exception relating to the slaughtering and process ing of rabbits.
SB 141. By Senators Barnes of the 33rd and Starr of the 44th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for the regulation of dealers and suppliers of multiline heavy equipment; to define certain terms; to regulate the cancellation and renewal of agreements between dealers and suppli ers; to provide for notice of intent to amend or cancel an agreement.
SB 145. By Senator Barnes of the 33rd:
A bill to amend Code Section 9-13-142 of the Official Code of Georgia Annotated, relating to selection of journals and newspapers as official county organs, so as to direct the judge of the probate court of each county to notify the Secretary of State of the name and mailing address of the journal or newspaper serving as the official organ of the county.
SB 177. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and Barnes of the 33rd:
A bill to amend Code Section 21-2-267 of the Official Code of Georgia Annotated, relating to the arrangement and storage of equipment at polling places in general elections and primaries, so as to require that seating be available for handi capped voters and voters over the age of 65 in precincts of a certain size.
SB 179. By Senators Phillips of the 9th and Kidd of the 25th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions affecting counties, so as to provide that certain county officers have the sole authority to select, employ, and discharge necessary personnel; to provide that any contractual or other rights previously acquired or acquired in the future by certain employees of county officers shall be an obliga tion of the governing authority of the county.

428

JOURNAL OF THE SENATE

SB 194. By Senators Foster of the 50th, Deal of the 49th, Walker of the 43rd and others:
A bill to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies, so as to create a Georgia State Games Commission; to define certain terms; to provide for purpose; to provide for the composition of the commission; to provide for the appointment and quali fications of members; to provide for the election of a chairman; to provide for meetings.
SB 195. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 40-5-54 of the Official Code of Georgia Annotated, relating to mandatory suspension of drivers' licenses, so as to change certain pro visions relating to offenses which require such mandatory suspension.
SB 196. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to the offense of fleeing or attempting to elude police officers, so as to provide for an increased criminal penalty in cases involving injuries to other persons.
SB 197. By Senators Peevy of the 48th, Deal of the 49th and Howard of the 42nd:
A bill to amend Code Section 15-9-36 of the Official Code of Georgia Annotated, relating to clerks and chief clerks of the probate court, so as to authorize certain clerks or chief clerks to perform marriage ceremonies.
SB 198. By Senators English of the 21st and Gillis of the 20th:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to change the definition of certain terms; to change the provisions relating to qualifications of applicants generally; to require appli cants for licensure as apprentice auctioneers or auctioneers to submit bonds; to provide that bonds shall be payable to the commission.
SB 204. By Senators Phillips of the 9th, Peevy of the 48th, Edge of the 28th and others:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled substances and ma rijuana, so as to create a new criminal offense of possessing, manufacturing, de livering, distributing, dispensing, administering, selling, or possessing a con trolled substance or marijuana while on or in proximity to school property or a school bus stop.
SB 225. By Senators English of the 21st, Kennedy of the 4th and Pollard of the 24th:
A bill to amend Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to the control of infectious or contagious diseases in live stock, so as to provide for the licensing and inspection of rendering and disposal plants and collection centers: to provide for definitions; to provide for licensing; to provide for construction and sanitation requirements.
SB 226. By Senator Shumake of the 39th:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste handling and disposal, so as to restrict the authority of certain local government authorities to regulate under certain condi tions the storage, collection, transportation, utilization, processing, and disposal of solid waste.

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429

SB 236. By Senators Olmstead of the 26th, Albert of the 23rd, Harris of the 27th and Stumbaugh of the 55th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, so as to require all state departments and agencies to prepare and publish quarterly aging reports of vendor invoices which have not been paid within certain periods of time.
SB 241. By Senators Langford of the 35th, Kidd of the 25th, Walker of the 43rd and Albert of the 23rd:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle parts dealers, so as to extend the existence of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers.
HB 5. By Representative Watson of the 114th:
A bill to amend Code Section 10-1-410 of the Official Code of Georgia Annotated, relating to definitions with respect to the sale of business opportunities, so as to change the definition of the term "business opportunity".
HB 7. By Representative Lane of the 27th:
A bill to amend Code Section 31-31-7 of the Official Code of Georgia Annotated, relating to the repeal of the law providing for the State Boxing Commission and the abolition of such commission, so as to change the date for the termination of such commission and for the repeal of such law.
HB 15. By Representative Lane of the 27th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal and revoke the provisions relating to the State Boxing Commission and the regulation of professional boxing matches and to create the State Boxing and Wrestling Commission and to regulate professional boxing and professional wrestling.
HB 64. By Representative Wall of the 61st:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that a person may be charged with the criminal offense of serious injury by vehicle when such per son does serious bodily injury to another while driving recklessly, eluding an of ficer, or failing to render aid and assistance.
HB 96. By Representative Barnett of the 10th:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to change the provisions relating to compensation of court bailiffs and expense allowances for jurors.
HB 107. By Representatives Oliver of the 53rd and Martin of the 26th:
A bill to amend Article 5 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the Executive Probate Judges Council of Georgia, so as to provide that three members from the state at large be elected by the probate judges at the annual spring business meeting of The Council of Probate Court Judges of Georgia.

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JOURNAL OF THE SENATE

HB 108. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Chapter 4 of Title 45 of the Official Code of Georgia Annotated, relating to official bonds, so as to provide that the bonds of the chief magistrates and magistrates shall be approved by the judge of the probate court and re corded and filed by him.

HB 110. By Representatives Watson of the 114th, Murphy of the 18th, Walker of the 115th and others:
A bill to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, so as to create the Georgia Aviation Hall of Fame; to provide for a board and its membership; to provide for reimbursement for expenses incurred by members of the board; to provide for personnel, space, equipment, and supplies.

HB 113. By Representatives Royal of the 144th, Greene of the 130th and Balkcom of the 140th:
A bill to amend Section 21-3-64 of the Official Code of Georgia Annotated, relat ing to the authority of the General Assembly by local law; to change terms of office of elected municipal officers, so as to provide additional authority for the enactment of such local laws.

HB 151. By Representatives Watson of the 114th, Buck of the 95th and Kilgore of the 42nd:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to create the Seed Capital Fund to provide equity and other capital to entrepreneurial firms engaged in innovative work in the areas of technology, manufacturing, marketing, agriculture, or information related ven tures which will increase the state's share of domestic or international markets and enhance economic development in the state.

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

Allgood Baldwin Barker Barnes
Bowen Brannon Broun

Edge English Fincher Foster
Gillis Hammill Harris

Parker Peevy Perry Pollard
Ragan of 10th R of

Coleman Coffins Coverdell
Dawkins Deal Dean Echols

Kennedy Kidd Land
Langford McKenzie Newbill Olmstead

Those not answering were Senators:

Albert Engram Fuller

Garner Howard Phillips

Shumake Starr Stumbaugh Tate Turner Tysinger Walker
Scott of 2nd Taylor Timmons

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431

Senator Shumake of th 39th introduced the chaplain of the day, Reverend R. L. White, pastor of Mt. Ephraim Baptist Church, Atlanta, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 105. By Senator Barnes of the 33rd: A resolution commending the Georgia Parent Teachers Association and its Presi dent, Georgianne B. Bearden.
SR 106. By Senator Turner of the 8th: A resolution commending Honorable Fred DeLoach, Jr.
SR 107. By Senator Fincher of the 54th: A resolution commending Chastity Carol Waters and inviting her to appear.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Friday, February 3, 1989
SEVENTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 253 Harris, 27th Monroe County To place the clerk of the Superior Court of Monroe County upon an annual salary in lieu of the fee system of compensation; to provide the manner in which such salary shall be fixed; to provide for personnel within the clerk's office; to provide for budgets; to provide arbitration concerning budget dis putes; to provide for the disposition of fees.
HB 347 English, 21st Emanuel County To amend the "Emanuel County Development Authority Act" so as to change the provisions relating to exemptions from taxation.
HB 371 Perry, 7th Tift County To amend an Act creating a board of commissioners of Tift County, so as to change the date for holding regular sessions of the board.
HB 373 Perry, 7th City of Tifton Tift County To amend an Act providing a new charter for the City of Tifton, so as to change the terms of office of the Chairman and Vice-Chairman of the City Commission.

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JOURNAL OF THE SENATE

HB 434 Fincher, 54th Murray County
To repeal an Act providing for the continued existence of the Board of Edu cation of Murray County.

HB 445 Fincher, 54th Murray County
To amend an Act providing for the Magistrate Court of Murray County, so as to change the compensation of the chief magistrate and magistrates.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brannon ^.urton CColalylins Coverdell Deal
Dean
Echols Edge English

Fincher Foster Gillis Hammill Harris " u,^ ins JKoehnnnseodny Kidd Land
Newbill
Olmstead Parker Peevy

Perry Pollard Ragan of 10th Ragan of 32nd Rav Scott of 2nd fafoHtt. fe 3oc6*thu bhumake Starr
Stumbaugh
Tate Turner Tysinger

Those not voting were Senators:

Albert Baldwin Broun Coleman Dawkins

Engram Fuller Garner Howard Langford

McKenzie Phillips Taylor Timmons Walker

On the passage of all the local bills, the yeas were 41, nays 0.

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

Senator Olmstead of the 26th introduced His Honor, Lee Robinson, Mayor of the City of Macon and a former Senator from the 26th District, who briefly addressed the Senate and introduced Ms. Carolyn Crayton, who informed the Senate of the Cherry Blossom Fes tival to be held in Macon in the Spring.

Senator Walker of the 43rd introduced the Glenwood Hills Athletic Association's 85Pound Panthers football team, who were commended by SR 38, adopted previously, for winning the 1988 National Pop Warner Championship, and the Coach of the team briefly addressed the Senate.

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433

SENATE CALENDAR
Friday, February 3, 1989
SEVENTEENTH LEGISLATIVE DAY
SB 2 Employees Under Merit System--on-call compensation (Substitute) (Gov Op--25th)
SB 7 Driver's License Suspension for No Insurance--restricted driving permit (Pub S--25th)
SB 26 Jail Construction and Staffing Act--provide (Substitute) (Pub S--33rd) SB 35 Insurance Rates, Underwriting Rules--approved by Commissioner (Substitute)
(Ins--55th) SB 43 Athlete Agent--signing before end of college eligibility (Substitute) (Gov
Op--25th) SB 46 Employees Under Merit System--overtime (Substitute) (Gov Op--25th) SB 47 Department of Human Resources Employees Under Merit System--supplement
for certain shifts (Gov Op--25th) SB 86 Water Supply Reservoirs--Department of Natural Resources may construct (Nat
R--33rd) SB 133 Certificate of Need--additional exemptions for certain equipment (Hum
R--25th) SB 134 Certificate of Need--exempt certain head injury service facilities (Hum R--25th) SB 137 Certificate of Need--certain renovation projects exempt (Substitute) (Hum
R--25th) SB 183 Superior Court Clerks--revise duties (Amendment) (Gov Op--24th) SB 192 Coroners--provisions on annual training (Gov Op--51st) SB 214 Used Car Dealer--change definition (Amendment) (Pub S--22nd) SR 10 University System Laboratory, Equipment Study Committee--create
(H Ed--46th) SR 56 Franchised Motor Vehicle Practices Study Committee--create (Pub S--22nd) HB 101 License Plates--repeal provision on surety bonds to purchase (Trans--1st) HB 159 Employee Voluntary Charity Deduction--include Board of Regents
(H Ed--54th) HB 160 Student Incentive Grant Program--maximum amount (H Ed--54th)
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 2. By Senator Kidd of the 25th: A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide that employees in the classified service shall be entitled to compensa tion for on-call time; to provide for the rate of compensation; to provide for rules and regulations.
The Senate Committee on Governmental Operations offered the following substitute to SB 2:
A BILL
To be entitled an Act to amend Article 1 of Chapter 20 of Title 45 of the Official Code

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JOURNAL OF THE SENATE

of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide for on-call pay on weekends; to provide for cash payments when the funds are available for such purpose; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, is amended by adding at the end thereof a new Code Section 45-20-16 to read as follows:
"45-20-16. (a) An employee in the classified service who is not exempt from the mini mum wage and maximum hours provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201, et seq.) shall be paid two hours' pay at his regular rate for each eight-hour period that he is required by a state agency to be in on-call time status during the period from 12:01 A.M. on Saturday through 11:59 P.M. on Sunday.
(b) All payments for on-call time shall be made in cash, provided that the director of the Office of Planning and Budget has certified that funds are available for the payments."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Kidd of the 25th offered the following amendment:
Amend the substitute to SB 2 offered by the Senate Committee on Governmental Oper ations by adding at the end of line 20 on page 1 the following:
"The term 'on-call time' shall not include time waiting for possible weather related emergencies."
Senator Gillis of the 20th offered the following amendment:
Amend the substitute to SB 2 offered by the Senate Committee on Governmental Oper ations by renumbering Section 2 as Section 3 and adding a new Section 2 to read as follows:
"Section 2. For the purposes of this Section, 'on call time' means time during which a state agency requires an employee to be available for recall to duty. Time during which the employee is provided a paging device by the agency is not on call time."
Senator McKenzie of the 14th moved that SB 2 be postponed until Monday, February 6.
On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 2 was postponed until Monday, February 6.
SB 7. By Senator Kidd of the 25th: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to change the provisions relating to restricted driving permits; to provide that a person whose driver's license has been suspended under certain circumstances for failure to have the minimum insurance required by law may apply to the Department of Public Safety for a restricted driving permit.
Senator Kidd of the 25th offered the following amendment:
Amend SB 7 by striking from line 23 of page 1 the following: "(b)",
and inserting in lieu thereof the following: "(c)".

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

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Fincher Foster Gillis Hammill Harris Muggins Johnson Kennedy Kidd Land 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 voting were Senators:

Albert Engram

Fuller Garner

Howard

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

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

SB 26. By Senator Barnes of the 33rd:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to provide funds for constructing, operating, and staffing county jails, county correctional institutions, and county detention facilities; to provide a short title; to provide a statement of purpose and authority.

The Senate Committee on Public Safety offered the following substitute to SB 26:

A BILL
To be entitled an Act to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to provide funds for constructing, operating, and staffing county jails, county correctional institutions, and county detention facilities of a county or counties; to provide a short title; to provide a statement of purpose and authority; to provide for the imposition, collection, payment, and expenditure of additional penalties in certain cases; to provide for the amount of such addi tional penalties; to provide for the payment or posting of additional sums at the time of posting bail or bond in certain cases and the expenditure of such funds; to provide for prac tices, procedures, and requirements relative to such funds; to provide for penalties; to pro-

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vide for a county jail fund; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, is amended by adding at the end thereof a new Article 5 to read as follows:
"ARTICLE 5
15-21-90. This article shall be known and may be cited as the 'Jail Construction and Staffing Act.'
15-21-91. This article is enacted pursuant to Article III, Section IX, Paragraph VI of the Constitution of Georgia, which provision authorizes additional penalty assessments in criminal and traffic cases and cases involving violations of ordinances of political subdivi sions and provides that the proceeds derived therefrom may be used for constructing, oper ating, and staffing of jails, correctional institutions, and detention facilities by counties.
15-21-92. The additional penalties provided for in Code Section 15-21-93 shall not be imposed or collected in any court in any county until the governing authority of the county or counties adopt a resolution placing this article in effect, requiring the imposition and collection of such additional penalties, and agreeing to expend the funds collected for the purposes provided for in this article.
15-21-93. (a) (1) In every case in which any superior court, state court, probate court, magistrate court, municipal court, or other court in any county in which this article has been placed in effect as provided in Code Section 15-21-92 shall impose a fine, which shall be construed to include costs, for any offense against a criminal or traffic law of this state or any ordinance of a political subdivision thereof, there shall be imposed as an additional penalty a sum equal to 10 percent of the original fine.
(2) At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or ordinance of a political subdivision thereof, an additional sum equal to 10 percent of the original amount of bail or bond shall be posted. In every case in which any superior court, state court, probate court, magistrate court, municipal court, or other court shall order the forfeiture of bail or bond, the additional sum equal to 10 percent of the original bail or bond shall be paid over as provided in Code Section 15-21-94.
(b) Such sums required by subsection (a) of this Code section shall be in addition to that amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the Probate Courts Retirement Fund of Georgia.
15-21-94. (a) The sums provided for in Code Section 15-21-93 shall be assessed and collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the governing authority of the county in which the court is located by the tenth day of the month following the month in which such sums are collected. Such sums paid over to the governing authority shall be deposited by the governing authority into a special account to be known as the 'county jail fund.'
(b) Any person whose duty it is to collect and remit the sums provided for in this article who fails or refuses to remit such sums by the date required by this article shall be guilty of a misdemeanor.
15-21-95. Moneys collected pursuant to this article and placed in the county jail fund shall be expended by the governing authority of the county or counties solely and exclu sively for constructing, operating, and staffing county jails, county correctional institutions, and detention facilities of the county or for the purpose of contracting for such facilities with other counties, the state, municipalities, or other political subdivisions as authorized by Article IX, Section III, Paragraph I of the Constitution. The county jail fund and moneys

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collected pursuant to this article to be placed in the county jail fund may be pledged as security for the payment of bonds issued for the construction of county jails, county correc tional institutions, and detention facilities of the county or counties. This article shall not preclude the appropriation or expenditure of other funds by the governing authority of any county or by the General Assembly for the purpose of constructing, operating, or staffing jails, correctional institutions, and detention facilities."
Section 2. This Act shall become effective on January 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon
Broun Burton Clay
Coleman Collins Dawkins Deal Dean Echols Edge

English Fincher Foster Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenize Newbill Olmstead Parker

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

Those not voting were Senators:

Coverdell Engram Fuller

Garner Langford

Shumake Timmons

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

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

Senator Ragan of the 10th introduced Teresa Edwards, who, having earned a Gold Medal in basketball Olympic competition in the 1984 Olympics in Los Angeles, California, and the 1988 Olympics in Seoul, Korea, was commended by SR 88 adopted previously, and she briefly addressed the Senate.

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

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The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 35. By Senators Stumbaugh of the 55th, Foster of the 50th, Taylor of the 12th and others:
A bill to amend Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to the filing of certain rates, plans, rating systems, or underwriting rules with the Commissioner of Insurance, so as to provide that no rate, rating plan, rating system, or underwriting rules shall become effective unless it has been ap proved by the Commissioner.
The Senate Committee on Insurance offered the following substitute to SB 35:
A BILL
To be entitled an Act to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rates, underwriting rules, and related organizations, so as to provide a definition of personal lines insurance; to provide for the filing of rates, rating plans, rating systems, underwriting rules, and policy or bond forms used in writing personal lines insurance and commercial auto insurance with the Commissioner of Insur ance; to provide for the approval by the Commissioner of such rates, rating plans, rating systems, or underwriting rules prior to their use; to provide time limits for approval or dis approval; to provide for the submission of information to support a rate filing; to provide for certain exemptions; to provide for certain powers, duties, and authority of the Commissioner of Insurance with respect to the foregoing; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rates, underwriting rules, and related organizations, is amended by striking Code Section 33-9-2, relating to definitions regarding the regulation of rule making, rates, and related organizations, and inserting in its place a new Code Section 33-9-2 to read as follows:
"33-9-2. As used in this chapter, the term:
(1) 'Advisory organization' means every person other than an admitted insurer, whether located within or outside this state, who prepares policy forms or makes underwriting rules incident to but not including the making of rates, rating plans, or rating systems, or who collects and furnishes to admitted insurers or rating organizations loss or expense statistics or other statistical information and data and acts in an advisory, as distinguished from a rate-making, capacity. No duly authorized attorney at law acting in the usual course of his profession shall be deemed to be an advisory organization.
(2) 'Member' means an insurer who participates in or is entitled to participate in the management of a rating, advisory, or other organization.
(3) 'Personal lines insurance' means:
(A) Policies used solely to provide homeowner insurance, dwelling fire insurance on onefamily to four-family units, or individual fire insurance on dwelling contents;
(B) Policies principally used to provide primary insurance on private passenger automobiles which are individually owned and used for personal or family needs; or
(C) Policies of personal inland marine, personal theft, residential glass, personal liabil ity, and personal excess (umbrella) insurance.
(4) 'Rating organization' means every person other than an admitted insurer, whether located within or outside this state, who has as his object or purpose the making of rates, rating plans, or rating systems. Two or more admitted insurers who act in concert for the

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purpose of making rates, rating plans, or rating systems and who do not operate within the specific authorizations contained in Code Section 33-9-6, 33-9-7, 33-9-11, 33-9-20, and 33-922 shall be deemed to be a rating organization. No single insurer shall be deemed to be a rating organization.
(5) 'Subscriber' means an insurer which is furnished at its request with rates and rating manuals by a rating organization of which it is not a member, or with advisory services by an advisory organization of which it is not a member."
Section 2. Said chapter is further amended by striking subsections (b) and (c) of Code Section 33-9-21, relating to the filing of certain rates, plans, rating systems, or underwriting rules with the Commissioner of Insurance, and inserting in their places new subsections (b) through (f), respectively, to read as follows:
"(b) Any domestic, foreign, or alien insurer that is authorized to write insurance in this state must file with the Commissioner any rate, rating plan, rating system, or underwriting rule for all personal lines insurance and commercial auto insurance. No such rate, rating plan, rating system, or underwriting rule will become effective, nor may any premium be collected by any insurer thereunder, unless the filing has been received by the Commissioner in his office and such filing has been approved by the Commissioner or a period of 60 days has elapsed from the date such filing was received by the Commissioner during which time such filing has not been disapproved by the Commissioner. The Commissioner shall be au thorized to increase such 60 day period to a 90 day period at his discretion. If a filing is disapproved, notice of such disapproval order shall be given, specifying in what respects such filing fails to meet the requirements of this chapter. The filer shall be given a hearing upon written request made within 30 days after the issuance of the disapproval order. In connection with any hearing or judicial review with respect to the approval or disapproval of such rates, the burden of persuasion shall fall upon the affected insurer or insurers to estab lish that the challenged rates are adequate, not excessive, and not unfairly discriminatory. After such a hearing, the Commissioner may affirm, modify, or reverse his previous action. The requirement of approval or disapproval of a rate filing by the Commissioner under this subsection shall not prohibit actions by the Commissioner regarding compliance of such rate filing with the requirements of Code Section 33-9-4 brought after such approval or disapproval.
(c) When a rate filing of an insurer required under subsection (b) of this Code section is not accompanied by the information upon which the insurer supports the filing and the Commissioner does not have sufficient information to determine whether the filing meets the requirements of this chapter, the insurer shall be required to furnish such information and in such event the 60 or 90 day period, as applicable, provided for in subsection (b) of this Code section shall commence as of the date such information is furnished.
(d) Any domestic, foreign, or alien insurer that is authorized to write insurance in this state must file with the Commissioner any rate, rating plan, rating system, or underwriting rule at least 45 days prior to any indicated effective date for all insurance other than per sonal lines insurance or commercial auto insurance. No rate, rating plan, rating system, or underwriting rule required to be filed under this subsection will become effective, nor may any premium be collected by any insurer thereunder, unless the filing has been received by the Commissioner in his office not less than 45 days prior to its effective date.
(e) When a rate filing of an insurer required under section (d) of this Code section results in any overall rate increase of 10 percent or more within any 12 month period, the Commissioner shall order an examination of that insurer to determine the accuracy of the claim reserves, the applicability of the claim reserve practices for the loss data used in sup port of such filing, and any other component of the rate filing; provided, however, that in the event the overall increase is less than 25 percent within any 12 month period and the Commissioner affirmatively determines that he has sufficient information to evaluate such rate increase and that the cost thereof would not be justified, he may waive all or part of such examination. In all other rate filings required in this Code section, the Commissioner may order an examination of that insurer as provided in this subsection. Such examination

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shall be conducted in accordance with the provisions of Chapter 2 of this title. Upon notifi cation by the Commissioner of his intent to conduct such examination, the insurer shall be prohibited from placing the rates so filed in effect until such examination has been reviewed and certified by the Commissioner as being complete. Such examination, if conducted by the Commissioner, shall be reviewed and certified within 90 days of the date such rate, rating plan, rating system, or underwriting rule is filed; provided, however, if the Commis sioner makes an affirmative finding that the examination may not be completed within the 90 day period, he may extend said time for an additional 60 days. Any examination required under this Code section shall be conducted in accordance with Chapter 2 of this title.
(f) Notwithstanding the provisions of subsection (d) of this Code section, in the event the filing of any rate, rating plan, rating system, or underwriting rule under subsection (d) is not necessary, in the judgment of the Commissioner of Insurance, to accomplish the pur poses of this chapter as set forth in Code Section 33-9-1, then the Commissioner may ex empt all domestic, foreign, and alien insurers from being required to file such rate, rating plan, rating system, or underwriting rule."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Fincher Foster Gillis Hammill Harris Howard Huggins Johnson Kidd Land 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 voting were Senators:

Engram Fuller

Garner

Kennedy (presiding)

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

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

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SB 43. By Senator Kidd of the 25th:
A bill to amend Code Section 43-4A-16 of the Official Code of Georgia Anno tated, relating to the signing of a contract prior to termination of an athlete's college eligibility under the "Georgia Athlete Agents Regulatory Act of 1988," so as to require an athlete agent to provide notification upon the signing of an ath lete to an agent contract prior to the termination of the athlete's college eligibility.
The Senate Committee on Governmental Operations offered the following substitute to SB 43:
A BILL
To be entitled an Act to amend Chapter 4A of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Athlete Agents Regulatory Act of 1988," so as to change the provisions relating to definitions; to change the provisions relating to registration re quirements; to change the provisions relating to applications for registration; to change the provisions relating to grounds for refusal of registration; to provide for revocation of a regis tration or the discipline of a registrant for certain actions; to provide that the refusal of a registration shall not be considered a contested case within the meaning of the "Georgia Administrative Procedure Act"; to authorize certain actions to be taken by the Georgia Ath lete Agent Regulatory Commission against persons who are unqualified for registration or who are subject to disciplinary measures as a result of certain actions; to change the provi sions relating to temporary registration; to delete certain provisions relating to requirements for applications for registration or renewal; to prohibit athlete agents from engaging in the occupation of an athlete agent without a license; to provide a penalty; to provide that cer tain contracts are void; to change the provisions relating to fees for issuance of application and renewal; to provide for a temporary registration fee and for other matters relating to fees; to change the provisions relating to surety bond requirements; to change the provisions relating to the signing of a contract prior to termination of an athlete's college eligibility; to require an athlete agent to provide notification upon signing a Georgia athlete to an agent contract prior to the termination of the Georgia athlete's eligibility to participate in inter collegiate sports contests at an institution of higher education; to provide for notification of athletic directors at certain institutions under certain conditions; to provide that an athlete agent is subject to forfeiture of any right of repayment of anything of value received by a Georgia athlete under certain conditions; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4A of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Athlete Agents Regulatory Act of 1988," is amended by striking in its entirety Code Section 43-4A-2, relating to definitions, and inserting in lieu thereof a new Code Sec tion 43-4A-2 to read as follows:
"43-4A-2. As used in this chapter, the term:
(1) 'Agent contract' means any contract or agreement pursuant to which a Georgia ath lete authorizes or empowers an athlete agent to negotiate or solicit on behalf of the Georgia athlete with one or more professional sports teams for the employment of the Georgia ath lete by one or more professional sports teams or to negotiate or solicit on behalf of the Georgia athlete for the employment of the Georgia athlete as a professional athlete.
(2) 'Athlete agent' means a person who, directly or indirectly, recruits or solicits a Geor gia athlete to enter into an agent contract or professional sports services contract with that person or who for a fee procures, offers, promises, or attempts to obtain employment for a Georgia athlete with a professional sports team. The term 'athlete agent' does not include the owner, employee, or other representative of a professional sports team, provided that such owner, employee, or representative does not recruit or solicit a Georgia athlete to enter into an agent contract or professional sports services contract or for a fee does not procure,

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offer, promise, or attempt to obtain employment for a Georgia athlete with a professional sports team.
(3) 'Athletic department' means the entity exercising control over the intercollegiate sports program at an institution of higher education, including, but not limited to, an ath letic association, an athletic department, or an athletic foundation.
(4) 'Athletic director' means the representative of the intercollegiate sports program at an institution of higher education as identified on the annual report filed with the commission.
(5) 'Commission' means the Georgia Athlete Agent Regulatory Commission created in Code Section 43-4A-3.
(6) 'Georgia athlete' means an individual who:
(A) Is eligible to participate in intercollegiate sports contests as a member of a sports team of an institution of higher education; or
(B) Has participated as a member of a sports team at an institution of higher education and who has never signed a professional sports services contract with a professional sports team. For purposes of this subparagraph, execution by an athlete of a personal service con tract with the owner or prospective owner of a professional sports team for the purpose of future athletic services is equivalent to employment with a professional sports team.
(7) 'Institution of higher education' means a public or private postsecondary school lo cated in this state.
(8) 'Person' means any individual, company, corporation, association, partnership, or other legal entity.
(9) 'Professional sports services contract' means any contract or agreement pursuant to which a Georgia athlete is employed or agrees to render services as a player on a profes sional sports team or as a professional athlete."
Section 2. Said chapter is further amended by striking in its entirety Code Section 434A-4, relating to the registration requirement, and inserting in lieu thereof a new Code Sec tion 43-4A-4 to read as follows:
"43-4A-4. (a) No person shall engage in or carry on the occupation of an athlete agent either within the state or with a Georgia athlete without first registering with the commission.
(b) Each institution of higher education shall file an annual report with the commission, on a form provided by the commission, identifying the athletic director for said institution."
Section 3. Said chapter is further amended by striking in its entirety Code Section 434A-5, relating to application for registration, and inserting in lieu thereof a new Code Sec tion 43-4A-5 to read as follows:
"43-4A-5. (a) A written application for registration or registration renewal shall be made to the commission on the form prescribed by the commission and shall, at a minimum, state the following:
(1) The name of the applicant and address of the applicant's residence;
(2) The address where the business of the athlete agent is to be conducted;
(3) The business or occupation engaged in by the applicant for at least two years imme diately preceding the date of application;
(4) Such biographical information on the applicant as may be deemed necessary by the commission; and
(5) The names and addresses of all persons, except bona fide employees on stated sala ries, who are financially interested, either as partners, associates, or profit sharers, in the operation of the business of the athlete agent.

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(b) The application for registration shall be accompanied by affidavits or certificates of completion of any and all formal training or practical experience in any one of the following specific areas: contracts, contract negotiation, complaint resolution, arbitration, or civil reso lution of contract disputes. The commission, in evaluating the applicant's qualifications, may consider any other relevant training, education, or experience to satisfy this requirement."
Section 4. Said chapter is further amended by striking in its entirety Code Section 434A-7, relating to grounds for refusal of registration, and inserting in lieu thereof a new Code Section 43-4A-7 to read as follows:
"43-4A-7. (a) The commission, by a majority of its members present and voting, may refuse to grant a registration to an applicant therefor or may revoke a registration of a person registered by the commission or may discipline a person registered by the commis sion upon making a finding that the applicant or registrant or his or her representative or employee:
(1) Has made a material false, misleading, deceptive, untrue, or fraudulent representa tion as an athlete agent or in any document connected therewith or practiced fraud or deceit or made a false statement of a material nature in his or her application for registration or made a false or deceptive statement of a material nature on an application for biennial registration renewal with the commission;
(2) Has ever misappropriated funds or engaged in other specific acts such as embezzle ment, theft, or fraud which would render him or her unfit to serve in a fiduciary capacity;
(3) Has engaged in such other conduct that has a significant adverse impact on his or her creditability, honesty, integrity, or competence to serve in a fiduciary capacity;
(4) Has engaged in conduct which violates or results in a Georgia athlete violating any rule or regulation promulgated by an intercollegiate sports governing body;
(5) Has been convicted of a crime covered by Article 2 of Chapter 12 of Title 16 or has been convicted of a gambling offense in another state;
(6) Has been convicted of violating a statute, law, or any rule or regulation of this state, any other state, the commission, the United States, or any other lawful licensing authority, without regard to whether the violation is criminally punishable, which law, rule, or regula tion relates to or in part regulates athlete agents, or violating a lawful order of the commis sion previously entered by the commission in a disciplinary hearing;
(7) Is unwilling to swear or affirm that he or she will comply with such rules and stan dards of conduct for athlete agents as may from time to time be promulgated by the com mission; or
(8) Has engaged in conduct which results in a Georgia athlete's losing eligibility to par ticipate in intercollegiate sports contests as a member of a sports team of an institution of higher education.
(b) The refusal to grant a registration shall not be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Notice and hearing within the meaning of such chapter shall not be required. Notice of refusal to grant a registration is required to be sent by registered mail or personal service setting forth the particular reasons for the refusal. The written notice shall be sent to the applicant's address of record with the commission and the applicant shall be allowed to appear before the commission if the applicant so requests in writing."
Section 5. Said chapter is further amended by striking in its entirety Code Section 434A-8, relating to revocation or suspension of registration, and inserting in lieu thereof a new Code Section 43-4A-8 to read as follows:
"43-4A-8. When the commission finds that a person is unqualified to be granted a regis-

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tration or finds that a registrant should be disciplined pursuant to the laws of this state, the commission may take any one or more of the following actions:
(1) Refuse to grant or renew a registration;
(2) Administer a public reprimand;
(3) Suspend any registration for a definite period of time or for an indefinite period of time in connection with any condition which may be attached to the restoration of said registration;
(4) Limit or restrict any registration as the commission deems necessary for the protec tion of the public;
(5) Revoke any registration;
(6) Impose a fine not to exceed $100,000.00 for each violation of a law, rule, or regula tion; or
(7) Impose any condition on a registration, including, but not limited to, requiring a surety bond in excess of $10,000.00, which the commission may reasonably deem necessary for the protection of the public."
Section 6. Said chapter is further amended by striking in its entirety Code Section 434A-10, relating to temporary registration, and inserting in lieu thereof a new Code Section 43-4A-10 to read as follows:
"43-4A-10. The commission may, at its discretion, issue a temporary registration to rev ocation for cause by the commission. Otherwise, the conditions for issuance or renewal shall meet the requirements of Code Section 43-4A-5."
Section 7. Said chapter is further amended by striking in its entirety Code Section 434A-11, relating to requirements for applications for registration or renewal, and inserting in lieu thereof a new Code Section 43-4A-11 to read as follows:
"43-4A-11. (a) Any person who engages in the occupation of an athlete agent within the state or with a Georgia athlete without complying with this chapter or who otherwise vio lates any provisions of this chapter shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $5,000.00 nor more than $100,000.00 or by im prisonment from one to five years, or both.
(b) Any agent contract or professional services contract that is negotiated for, with, or on behalf of a Georgia athlete by an athlete agent who has failed to comply with the regis tration requirements of subsection (a) of Code Section 43-4A-4 is void."
Section 8. Said chapter is further amended by striking in its entirety Code Section 434A-12, relating to fees for issuance of application and renewal, and inserting in lieu thereof a new Code Section 43-4A-12 to read as follows:
"43-4A-12. The commission is authorized to charge an application fee, temporary regis tration fee, registration fee, registration renewal fee, or similar fees and may establish the amount of the fees to be charged. Each fee so established shall be reasonable and shall be determined in such a manner that the total amount of fees charged by the commission shall approximate the total of the direct and indirect costs to the state of the operations of the commission. Fees may be refunded for good cause, as determined by the commission."
Section 9. Said chapter is further amended by striking in its entirety Code Section 434A-13, relating to surety bond requirements, and inserting in lieu thereof a new Code Sec tion 43-4A-13 to read as follows:
"43-4A-13. An athlete agent shall deposit or have deposited with the commission, prior to the issuance of a registration or renewal of a registration, a surety bond in the penal sum of not less than $10,000.00, as established by the commission. Such surety bond shall be executed in the favor of the state with a surety company authorized to do business in this state and conditioned to pay damages in the amount of such bond to any athletic depart-

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ment aggrieved by any act of the principal named in such bond, which act is in violation of Code Section 43-4A-16 or would be grounds for revocation of a license under Code Section 43-4A-7 or 43-4A-8. If more than one athletic department suffers damages by the actions of an athlete agent, each athletic department shall receive a pro rata share of the amount of the bond based on the entitlement of one share of such amount of the bond for each Georgia athlete who loses his or her eligibility to participate in intercollegiate sports contests as a member of a sports team at an institution of higher education as a result of actions of the athlete agent."
Section 10. Said chapter is further amended by striking in its entirety Code Section 434A-16, relating to the signing of a contract prior to termination of an athlete's college eligi bility, and inserting in lieu thereof a new Code Section 43-4A-16 to read as follows:
"43-4A-16. (a) (1) An athlete agent who intends to sign a Georgia athlete to an agent contract prior to the termination of the Georgia athlete's eligibility to participate in inter collegiate sports contests at an institution of higher education shall notify the commission in writing. The athlete agent shall provide the name of the Georgia athlete and the Georgia athlete's institution of higher education and the sport or sports in which the Georgia athlete competes at such institution of higher education. The commission shall within three busi ness days notify in writing the athletic director of the institution of higher education at tended by the Georgia athlete; provided, however, that said institution has filed the annual report required by subsection (b) of Code Section 43-4A-4. Except as otherwise provided in this subsection for notification of the athletic director, the notice filed by the athlete agent with the commission shall be confidential information and not a public record. The athlete agent shall not be permitted to sign the Georgia athlete to an agent contract until the expi ration of 30 days from the date that the commission received notice from the agent of the intention to sign such contract.
(2) An athlete agent who signs a Georgia athlete to an agent contract prior to the termi nation of the Georgia athlete's eligibility to participate in intercollegiate sports contests at an institution of higher education shall notify the commission in writing within ten days of the date of said signing. The athlete agent shall provide the name of the Georgia athlete, the name of the Georgia athlete's institution of higher education, and the sport or sports in which the Georgia athlete competes at said institution. The commission shall within three business days notify in writing the athletic director at the institution of higher education, provided that said institution has filed the annual report required by subsection (b) of Code Section 43-4A-4.
(b) Prior to the signing of an agent contract, an athlete agent shall not compensate any Georgia athlete or take any other action in connection with a Georgia athlete which may jeopardize such Georgia athlete's eligibility to participate in intercollegiate sports contests at an institution of higher education.
(c) If an athlete agent fails to comply with the provisions of subsection (a) or (b) of this Code section, such athlete agent shall be liable for damages in the amount of the bond deposited pursuant to Code Section 43-4A-13 to any athletic department for which a Geor gia athlete participates, which Georgia athlete was the subject of the agent contract or con sideration or other action resulting in a violation of this Code section. The provisions of this subsection shall apply regardless of whether a Georgia athlete loses any eligibility to partici pate in intercollegiate sports contests at such institution of higher education.
(d) If an athlete agent fails to comply with the provisions of subsection (a) or (b) of this Code section, any agent contract that is negotiated by said athlete agent is void. The provi sions of this subsection shall apply regardless of whether a Georgia athlete loses any eligibil ity to participate in intercollegiate sports contests at such institution of higher education.
(e) If an athlete agent fails to comply with the provisions of subsection (a) or (b) of this Code section, said athlete agent is subject to forfeiture of any right of repayment of any thing of value either received by a Georgia athlete as an inducement to enter into any agent

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contract or received by a Georgia athlete before completion of the Georgia athlete's last intercollegiate sports contest."
Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 12. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge English

Fincher Foster Gillis Hammill Harris Howard Huggins Johnson Kidd Land 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 Taylor Timmons Turner Tysinger Walker

Voting in the negative was Senator Tate.

Those not voting were Senators:

Barker Barnes

Engram Fuller

Garner Kennedy (presiding)

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

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

SB 46. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide for the payment of overtime to employees in the classified service un less employees agree in writing to accept compensatory time in lieu of overtime pay; to provide for the computation of the overtime premium.

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447

The Senate Committee on Governmental Operations offered the following substitute to SB 46:
A BILL
To be entitled an Act to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide for the payment of overtime to employees in the classified service unless employ ees agree in writing to accept compensatory time in lieu of overtime pay; to provide for the computation of the overtime premium; to provide for the computation of overtime; to pro vide for a different manner of calculating overtime pay for law enforcement employees, fire protection employees, and hospital and nursing home employees; to provide exceptions; to provide for overtime pay for certain employees in the classified service who have their work schedules changed during a work period under certain circumstances; to provide for com pensatory time in lieu of overtime pay when funds are no longer available for overtime pay; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, is amended by adding at the end thereof a new Code Section 45-20-16 to read as follows:
"45-20-16. (a) Except as otherwise provided in subsections (b), (c), and (e) of this Code section, overtime will be paid to employees in the classified service for all time worked over 40 hours per week unless an employee agrees in writing on or after July 1, 1989, to accept compensatory time in lieu of overtime pay. An employee may revoke such an agreement after receiving compensatory time in lieu of overtime pay for at least 12 months. The hourly overtime premium shall be calculated by multiplying the regular hourly rate of an employee by one-half and adding this amount to the regular rate for each hour of overtime worked. Overtime will be calculated on one-quarter hour increments with eight minutes to 15 min utes worked in any quarter hour counting as 15 minutes worked for overtime payment pur poses and with less than eight minutes worked resulting in no overtime payment for a given quarter hour.
(b) Except as provided in subsection (c) of this Code section, with respect to the follow ing employees of the classified service, overtime shall be paid as follows:
(1) For all time worked over 171 hours in a work period for law enforcement employees; provided, however, that the provisions of this paragraph shall not apply to employees in correctional institutions;
(2) For all time worked over 212 hours in a work period for fire protection employees; and
(3) For all time worked over eight hours in a workday or over 80 hours in a 14 day work period for employees of hospitals or nursing homes.
(c) The following employees in the classified service shall not be entitled to overtime payments:
(1) Employees who are defined as executive, administrative, or professional employees pursuant to the rules and regulations of the State Merit System of Personnel Administra tion for the purpose of exemptions under the Fair Labor Standards Act, as amended (29 U.S.C. 201, et seq.); and
(2) Employees of amusement or recreational establishments in which average receipts for any six months of the preceding fiscal year did not exceed one-third of its receipts for the other six months.
(d) Any employee of the classified service who will be eligible for overtime pay as a result of hours worked between the period of 12:01 A.M. on Saturday and 11:59 P.M. on Sunday and who would have earned a certain amount of overtime pay if such person had

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continued to complete the schedule of work hours assigned to such person for the work period shall, upon a change in such employee's schedule by the employer during the work period, be entitled to and be paid the overtime pay which such employee would have earned if the remainder of the working hours of the original schedule had been completed by the employee.
(e) Notwithstanding any other provisions of this Code section, any department covered by the state merit system shall be authorized to provide compensatory time in lieu of over time pay when funds are no longer available to the department for overtime pay."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Bowen Brannon Broun Coleman Collins Dawkins Deal Dean Echols English

Foster Gillis Hammill Harris Howard Johnson Kidd Langford Olmstead Parker Peevy Perry

Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Walker

Those voting in the negative were Senators:

Baldwin Barnes Burton Clay Coverdell

Edge Fincher Huggins Land McKenzie

Newbill Phillips Ragan of 32nd Taylor Tysinger

Those not voting were Senators:

Engram Fuller

Garner

Kennedy (presiding)

On the passage of the bill, the yeas were 37, nays 15.

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

SB 47. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide that regular full-time employees in the classified service who are em ployed by the Department of Human Resources in state operated hospitals or by

FRIDAY, FEBRUARY 3, 1989

449

the Department of Corrections in correctional facilities and are assigned to duty on evening or night shifts shall be eligible for a certain supplement.

Senator McKenzie of the 14th moved that SB 47 be postponed until Monday, February 6.

On the motion, Senator Kidd of the 25th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Broun Burton Clay Coleman Collins Coverdell Dawkins

Echols Edge English Fincher Gillis Harris Howard Huggins Johnson Land McKenzie

Newbill Perry Phillips Pollard Ragan of 32nd Ray Shumake Starr Tate Turner Tysinger

Those voting in the negative were Senators:

Albert Bowen B rannon
Dean Foster Hammill

Kidd Langford Olmstead
Parker Peevy Ragan of 10th

Scott of 2nd Scott of 36th Stumbaugh
Taylor Timmons Walker

Those not voting were Senators:

Engram Fuller

Garner

Kennedy (presiding)

On the motion, the yeas were 33, nays 19; the motion prevailed, and SB 47 was post poned until Monday, February 6.

SB 86. By Senators Barnes of the 33rd, McKenzie of the 14th, Baldwin of the 29th and others:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to authorize the Department of Natural Re sources to acquire or construct water supply reservoirs; to authorize the depart ment to operate and maintain projects embracing sources of water supply and the distribution and sale of water and other related facilities to individuals, pub lic and private corporations, and local governments.

Senator Kidd of the 25th offered the following amendment:
Amend SB 86 by adding at the end of line 9 on page 5, following the word "services" and preceding the period, the following:
"; provided, further, that, to the extent feasible, such projects shall be equally distrib uted throughout the state".

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On the adoption of the amendment, Senator Kidd of the 25th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bowen Brannon Collins
Echols Kidd

Olmstead Perry Phillips Pollard
Ragan of 10th Ray

Stumbaugh Tate Taylor Timmons
Turner Walker

Those voting in the negative were Senators:

Albert Allgood Baldwin Barnes Broun BCluaryton
Coleman
Coverdell
Dawkins Deal

Dean Edge English Fincher Foster GHialmlismill
Harris
Howard
Hugging Johnson

Langford McKenzie Newbill Parker p ,,^agan of. 3,,2nd,
Scott of 2nd
Shumake
Starr Tysinger

Those not voting were Senators:

Engram Fuller

Garner Kennedy (presiding)

Land Scott of 36th

On the adoption of the amendment, the yeas were 18, nays 32, and the amendment offered by Senator Kidd of the 25th was lost.

Senator Hammill of the 3rd offered the following amendment: Amend SB 86 by deleting on lines 6 and 7, page 6, the words, "or convenient".

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment of fered by Senator Hammill of the 3rd was adopted.

Senator Echols of the 6th offered the following amendment: Amend SB 86 by adding at the end of line 4 of page 4 the following: "For purposes of this paragraph, the term 'water reservoir' shall include Lake Alma."

On the adoption of the amendment, Senator Taylor of the 12th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bowen Brannon Coleman Collins

Echols English Fincher Gillis Hammill Kidd

Land Newbill Parker Perry Phillips Pollard

FRIDAY, FEBRUARY 3, 1989

451

Ragan of 10th Ray Scott of 2nd

Shumake Stumbaugh Taylor

Timmons Turner

Those voting in the negative were Senators:

Albert Baldwin games BDBruorutonn Clay
Coverdell Dawkins Deal

Dean Edge Foster HTHJoarwriasrdj Huggins
Johnson Langford McKenzie

Olmstead Peevy Ragan of 32nd S0 co.t.t ocf 3o6itih_
tarr
*- ate Tysinger Walker

Those not voting were Senators:

Engram Fuller

Garner

Kennedy (presiding)

On the adoption of the amendment, the yeas were 26, nays 26, and the amendment offered by Senator Echols of the 6th was lost.

Senator Perry of the 7th moved that the Senate reconsider its action in defeating the amendment offered by Senator Echols of the 6th.

On the motion, Senator Barnes of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker
Bowen B/annon CEcohllomlss
English
Fincher
Hammill

Howard
Kidd Newbill ,,Park, er
Perry
Phillips
Ragan of 10th

Scott of 2nd
Scott of 36th Shumake S,,,tumb, augh,
Taylor
Timmons
Turner

Those voting in the negative were Senators:

Albert Allgood Baldwin B arnes Broun Burton Clay
Coleman Dawkins Deal

Dean Edge Foster Gillis Harris Huggins Johnson
Land Langford McKenzie

Olmstead Peevy Pollard R Qf 32nd R
y Starr
Tate Tysinger Walker

Those not voting were Senators:

Coverdell Engram

Fuller Garner

Kennedy (presiding)

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On the motion, the yeas were 22, nays 29; the motion was lost, and the amendment offered by Senator Echols of the 6th was not reconsidered.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge

English Fincher Foster Gillis Hammill Harris Howard Huggins Johnson Kidd Land 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 voting were Senators:

Coverdell Engram

Fuller Garner

Kennedy (presiding)

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

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

SB 133. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from certificate of need requirements, so as to provide for additional exemptions for certain equipment and provide for applicability; to provide an effective date.

Senator Kidd of the 25th offered the following amendment: Amend SB 133 by striking from lines 18 and 19 of page 1 the words "or upgrade". By striking from lines 19, 20, and 22 of page 1 the words "or upgraded".

On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.

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

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

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453

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Fincher Foster Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

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

Those voting in the negative were Senators:

Bowen Parker

Perry

Timmons

Those not voting were Senators:

Barnes Broun Engram

Fuller Garner

Kennedy (presiding) Ray

On the passage of the bill, the yeas were 45, nays 4.

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

Senator Newbill of the 56th introduced a doctor of the day, Dr. Victor Weinstein, of Marietta, Georgia.

Also serving as a doctor of the day was Dr. David McMicken of Columbus, Georgia.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 12:17 o'clock P.M. until 12:30 o'clock P.M.

At 12:30 o'clock P.M., the President called the Senate to order.

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

SB 134. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from certificates of need requirements, so as to provide additional exemptions for certain facilities providing services to head-injured persons and provide for applicability; to provide an effective date.

Senator Kidd of the 25th moved that SB 134 be postponed until February 8.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 134 was post poned until February 8.

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SB 137. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemption from applicability, so as to provide for a new exemption for certain renovation and replacement projects; to provide an effective date.

Senator Kidd of the 25th moved that SB 137 be postponed until February 6.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 137 was post poned until February 6.

SB 183. By Senators Pollard of the 24th and Deal of the 49th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, so as to revise the specified duties of the clerk of superior court generally; to provide that the clerk of superior court shall be authorized to consolidate or combine books, dockets, and indices; to au thorize the use of electronic or automated methods or systems of record keeping.

Senator Pollard of the 24th offered the following amendment:
Amend SB 183 by striking the word "his" where the same appears on line 24 of page 6, on line 6 of page 8, on line 22 of page 8, on line 2 of page 9, and on line 16 of page 13 and inserting in lieu thereof in each such place the following:
"the clerk's".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols

Edge English Foster Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Shumake Starr Stumbaugh Tate Taylor Turner Walker

Those not voting were Senators:

Barnes Broun Engram Fincher

Fuller Garner Land Ray

Scott of 36th Timmons Tysinger

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455

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

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

SB 192. By Senator Brannon of the 51st:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change the provisions relating to the requirement that coroners take an annual training course; to change the amount of annual training required for certified coroners; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols

Edge English Foster Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Shumake Starr Stumbaugh Tate Taylor Turner Walker

Those not voting were Senators:

Barnes Broun Engram Fincher

Fuller Garner Land Ray

Scott of 36th Timmons Tysinger

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

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

SB 214. By Senators Allgood of the 22nd and Bowen of the 13th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act," so as to change the defini tion of a "used car dealer"; to change the composition of the State Board of Registration of Used Car Dealers; to provide for licensure of certain persons op erating as used motor vehicle dealers.

The Senate Committee on Public Safety offered the following amendment: Amend SB 214 by adding in the title at the end of line 6 on page 1 the following: "to provide an effective date;".

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By adding between lines 18 and 19 on page 6 a new Section 4 to read as follows:
"Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."
By renumbering Section 4 beginning on line 19 of page 6 as Section 5.

On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols

Edge English Foster Gillis Hammill Harris Howard Muggins Johnson Kennedy Kidd McKenzie Newbill Olmstead Parker

Voting in the negative was Senator Langford.

Those not voting were Senators:

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

Barnes Broun Engram Fincher

Fuller Garner Land

Ray Scott of 36th Timmons

On the passage of the bill, the yeas were 45, nays 1.

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

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457

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 219. By Representatives Murphy of the 18th, Lee of the 72nd, Walker of the 115th, Edwards of the 112th, Groover of the 99th and Connell of the 87th: A resolution relative to adjournment.
The following resolution of the House was read and put upon its adoption:
HR 219. By Representatives Murphy of the 18th, Lee of the 72nd, Walker of the 115th and others: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, February 3, 1989, and to reconvene at 10:00 o'clock A.M. on Monday, February 6, 1989.
On the adoption of the resolution, the yeas were 40, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Scott of the 2nd moved that the Senate stand in recess until 5:00 o'clock P.M. at which time the Senate would stand adjourned until 10:00 o'clock A.M. on Monday, Feb ruary 6, pursuant to HR 219 adopted previously; the motion prevailed.
At 12:50 o'clock P.M., the President announced that the Senate would stand in recess until 5:00 o'clock P.M. at which time the Senate would stand adjourned until 10:00 o'clock A.M. on Monday, February 6, pursuant to HR 219 adopted previously.

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Senate Chamber, Atlanta, Georgia Monday, February 6, 1989 Eighteenth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the proceedings of Friday, February 3, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 290. By Representatives Wall of the 61st, Breedlove of the 60th, Goodwin of the 63rd, Barnett of the 59th, Mobley of the 64th and others: A bill to abolish the office of elected county surveyor of Gwinnett County; to provide for the appointment of said official by the county governing authority.
HB 549. By Representatives Oliver of the 53rd, Baker of the 51st, Lawrence of the 49th, Richardson of the 52nd, Teper of the 46th and others: A bill to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, so as to change certain fees.
HB 550. By Representatives Hasty of the 8th, Barnett of the 10th and Stancil of the 8th: A bill to amend an Act placing the sheriff, the clerk of the superior court, the tax commissioner, and the judge of the Probate Court of Cherokee County on the salary system in lieu of fees, so as to provide for a supplement to the compensa tion of the sheriff, the clerk of the superior court, the tax commissioner, and the judge of the Probate Court of Cherokee County.
HB 551. By Representative Smith of the 78th: A bill to create the Lamar County Water and Sewer Authority.
HB 554. By Representatives Bostick of the 138th and Carter of the 146th: A bill to amend an Act creating and establishing the State Court of Tift County, so as to change the minimum compensation of the sheriff and the clerk.
HB 558. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th: A bill to amend an Act creating a new charter for the City of Gainesville, so as to change the election and terms of office of the city commissioners.
HB 561. By Representatives Barnett of the 59th, Bannister of the 62nd, Breedlove of the 60th, Jackson of the 9th, Orr of the 9th and others: A bill to amend an Act abolishing the office of coroner of Gwinnett County and establishing in its place the office of medical examiner of Gwinnett County, so as

MONDAY, FEBRUARY 6, 1989

459

to change certain provisions relating to persons qualified to hold the office of medical examiner.
HB 45. By Representatives Buck of the 95th, Robinson of the 96th, Steele of the 97th, Smyre of the 92nd, Moultrie of the 93rd and others:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to repeal Code Section 48-8-82.1, author izing an increase in the rate of joint county and municipal sales and use taxation under certain circumstances.
HB 315. By Representatives Pinkston of the 100th, Beck of the 148th and Padgett of the 86th:
A bill to amend Chapter 2 of Title 7 of the Official Code of Georgia Annotated, relating to the credit union deposit insurance corporation, so as to to provide procedures and requirements for the adoption or amendment of bylaws of the credit union deposit insurance corporation; to authorize the board of such corpo ration to provide a membership fee schedule with department approval.
HB 316. By Representatives Pinkston of the 100th, Beck of the 148th and Padgett of the 86th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for the filling of a vacancy in the office of commissioner of banking and finance; to provide for the appoint ment of one or more deputy commissioners and additional personnel; to provide for the oath of office to be taken by each deputy commissioner and examiner.
HB 499. By Representatives Foster of the 6th, Colwell of the 4th, Twiggs of the 4th, Mur phy of the 18th, Coleman of the 118th and others:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to provide that over crowding of the prison system may create an emergency requiring additional cor rectional facilities either of a permanent type of construction or of a temporary or movable type.
HB 254. By Representatives Crawford of the 5th and Smith of the 16th:
A bill to amend Code Section 21-2-409 of the Official Code of Georgia Annotated, relating to assisting electors who cannot read or who have physical disabilities, so as to provide that blind electors shall not be required to take an oath in order to receive assistance in voting.
HB 4. By Representative Richardson of the 52nd:
A bill to amend Chapter 8 of Title 37 of the Official Code of Georgia Annotated, relating to the treatment of alcoholics and intoxicated persons, so as to change the effective date.
HB 463. By Representatives Hasty of the 8th, Stancil of the 8th, Royal of the 144th, Yeargin of the 14th, Langford of the 7th and others:
A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses, so as to change the conditions for imme diate issuance of marriage licenses and to delete certain provisions relating to sanctions for violating certain waiting period requirements.

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HB 209. By Representatives Pannell of the 122nd, Childers of the 15th, Hooks of the 116th, Birdsong of the 104th, Moultrie of the 93rd and Richardson of the 52nd:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain provisions relat ing to prescribing, compounding, dispensing, and administering drugs by certain practitioners; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and assistants, so as to provide for definitions.
HB 331. By Representative Groover of the 99th:
A bill to amend Code Section 37-4-40 of the Official Code of Georgia Annotated, relating to the filing of a petition with a court for the according of a program of services to a mentally retarded person, so as to change the criteria for admission to residential facilities for the mentally retarded.
HB 470. By Representatives Childers of the 15th, Richardson of the 52nd, Redding of the 50th, Hudson of the 117th, Moultrie of the 93rd and others:
A bill to amend Code Section 43-11A-18 of the Official Code of Georgia Anno tated, relating to termination of the Georgia Board of Examiners of Licensed Dietitians, so as to change a date.
HB 234. By Representatives Holmes of the 28th, Lee of the 72nd, Walker of the 115th and others:
A bill to amend Code Section 21-2-5 of the Official Code of Georgia Annotated, relating to qualifications of candidates for federal and state office, so as to change certain provisions regarding challenges to the qualifications of certain candidates by certain electors.
HB 346. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Code Section 21-2-212 of the Official Code of Georgia Annotated, relating to the appointment of county deputy registrars, so as to exempt certain chief deputy registrars from certain restrictions applicable to registrars and dep uty registrars.
HB 401. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible to hold civil office, so as to reduce the residency requirement for certain county and municipal offices.
HB 405. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Article 15 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to miscellaneous offenses regarding elections and primaries, so as to change certain provisions with respect to disclosing how a person voted.
HB 238. By Representative Holmes of the 28th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, the "Georgia Peace Officer Standards and Training Act," so as to change the definition of peace officer and retired peace officer.

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HB 464. By Representatives Reaves of the 147th, Godbee of the 110th, Balkcom of the 140th, Moody of the 153rd, Titus of the 143rd and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length of vehicles and loads, so as to provide an exemption for certain vehicles and combinations of vehicles from the maximum length requirements of such Code section.
HB 538. By Representatives Godbee of the 110th, Reaves of the 147th, Greene of the 130th, Branch of the 137th, Oliver of the 121st and others:
A bill to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of vehicles generally, so as to provide that cer tain trailers and semitrailers shall comply with the requirements for emblems on slow-moving vehicles; to provide certain requirements for lights and reflectors on certain trailers and semitrailers or to require escort vehicles in lieu thereof.
HB 524. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to change the provisions relat ing to jury lists and the compilations and revision thereof; to change certain pro cedures; to provide for the creation of jury lists and boxes in counties using nonmechanical procedures and in counties using mechanical or electronic procedures.
HB 225. By Representatives Pannell of the 122nd, Cummings of the 17th, Snow of the 1st and Alien of the 127th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, so as to change the definition of the term "fair market value"; to pro vide for the fair market value of rehabilitated historic property under certain circumstances; to change the provisions relating to the assessment of tangible property.
HB 545. By Representative Chambless of the 133rd:
A bill to amend Code Section 44-14-361.1 of the Official Code of Georgia Anno tated, relating to how liens are declared and created, records, commencement of actions, notices, and priorities, so as to provide for the filing of notices with the clerk of the superior court at the time certain actions in rem are filed; to provide for practices, procedures, and requirements connected therewith.
HB 546. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend an Act which amended Chapter 1 of Title 51 of the Official Code of Georgia Annotated, and which provided that certain persons shall not be liable for the acts of intoxicated persons who are of legal drinking age, so as to correct a typographical error in a cross-reference.
SB 65. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Code Section 19-10-1 of the Official Code of Georgia Annotated, relating to abandonment of a child and penalties therefor, so as to provide proce dures and requirements relative to the suspension of sentences for abandonment; to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relat ing to hearings and determinations on the question of the probation of a defen-

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dant, so as to delete the provisions relating to the suspension of sentences of abandonment.
SB 67. By Senators Garner of the 30th and Kennedy of the 4th: A bill to amend Code Section 42-8-72 of the Official Code of Georgia Annotated, relating to community service as a condition of probation, so as to provide an option for the court to order a 40 hour per week work detail in lieu of incarcera tion; to provide for additional community service hours for disciplinary reasons in lieu of incarceration; to provide an effective date.
SB 66. By Senators Garner of the 30th and Kennedy of the 4th: A bill to amend Code Section 16-10-52 of the Official Code of Georgia Annotated, relating to the offense of escape, so as to change the provisions relating to said offense; to provide that revocation of probation for conduct in violation of said Code section shall not preclude an independent criminal prosecution under said Code section; to provide an effective date.
HB 473. By Representatives Cheeks of the 89th, Godbee of the 110th, Harris of the 84th, Bostick of the 138th and Greene of the 130th: A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, so as to change the length restrictions relative to certain vehicles.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 35. By Representatives Groover of the 99th, Lucas of the 102nd, Randall of the 101st and Davis of the 29th: A resolution authorizing the conveyance of certain state owned real property lo cated in Bibb County, Georgia.
HR 110. By Representative Crawford of the 5th: A resolution designating the Juliette Gordon Low Highway.
HR 66. By Representative Greene of the 130th: A resolution designating the George S. Lee Causeway.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 272. By Senator Gillis of the 20th: A bill to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to re vise the qualifications and requirements for registered foresters; to provide for continuing education as a condition of license renewal; to provide for an effective date and applicability.
Referred to Committee on Natural Resources.
SB 273. By Senator Edge of the 28th: A bill to amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to the general powers and jurisdiction of probate and municipal courts with regard to prosecution of traffic offenses, so as to authorize a probate court

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judge to require the district attorney or assistant district attorney to act as prose cutor in traffic violation proceedings in probate court. Referred to Committee on Judiciary.
SB 274. By Senators Harris of the 27th, McKenzie of the 14th, Ragan of the 10th and others:
A bill to amend Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and municipal road systems, so as to change the dollar amount for which counties may negotiate certain contracts; to amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to local govern ment provisions applicable to public works contracts of counties only, so as to provide that county contracts shall be let to the lowest responsible bidder.
Referred to Committee on Urban and County Affairs (General).
SB 275. By Senator Edge of the 28th:
A bill to amend Code Section 31-21-44 of the Official Code of Georgia Annotated, relating to wanton or malicious removal of a dead body from a grave or distur bance of the contents of a grave, so as to make it unlawful for any person to knowingly receive, retain, possess, or dispose of any dead body or bodily part of a human being unlawfully removed from a grave; to provide for an exception. Referred to Committee on Special Judiciary.
SB 276. By Senators English of the 21st, Ragan of the 10th, Kennedy of the 4th and others:
A bill to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Agricultural Commodities Promotion Act," so as to abol ish the Agricultural Commodities Commission for Peanuts and provide for the creation of the Georgia Peanut Commission as a successor to and continuation thereof.
Referred to Committee on Agriculture.
SB 277. By Senator Albert of the 23rd:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages, so as to provide that the governing authorities of certain counties and municipalities may authorize the sale of alcoholic beverages during certain hours in certain es tablishments on Sunday; to provide for an effective date. Referred to Committee on Consumer Affairs.
SB 278. By Senator Dawkins of the 45th:
A bill to amend Code Section 51-1-11 of the Official Code of Georgia Annotated, relating to privity and to certain product liability actions, so as to provide for a definition regarding certain uses of a product; to provide for conditions when certain property may not be merchantable and reasonably suited to the use in tended; to provide for certain duties. Referred to Committee on Industry and Labor.
SB 279. By Senators Timmons of the llth and Scott of the 2nd:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the "Act Creating the Superior Court Judges Retirement System," so as to change the number of years of creditable service necessary for the vesting of the right to receive benefits; to change provisions relating to appointment as sen-

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ior judge, early retirement benefits, and spouses benefits as necessary to be consistent. Referred to Committee on Retirement.
SB 280. By Senator Howard of the 42nd: A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to re strict the authority of the State Board of Pardons and Paroles to parole persons convicted of certain felonies until such persons have served at least one-third of the sentence imposed by the court for any such felony.
Referred to Committee on Judiciary.
SR 110. By Senator Dawkins of the 45th: A resolution creating the Joint Study Committee on Cost Display on State Publications.
Referred to Committee on Industry and Labor.
SR 111. By Senator Walker of the 43rd: A resolution creating the Senate Study Committee on Judicial Districting and providing for the powers and duties of such committee.
Referred to Committee on Judiciary.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 4. By Representative Richardson of the 52nd: A bill to amend Chapter 8 of Title 37 of the Official Code of Georgia Annotated, relating to the treatment of alcoholics and intoxicated persons, so as to change the effective date.
Referred to Committee on Human Resources.
HB 45. By Representatives Buck of the 95th, Robinson of the 96th, Steele of the 97th, and others: A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to repeal Code Section 48-8-82.1, author izing an increase in the rate of joint county and municipal sales and use taxation under certain circumstances.
Referred to Committee on Banking and Finance.
HB 209. By Representatives Pannell of the 122nd, Childers of the 15th, Hooks of the 116th, and others: A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain provisions relat ing to prescribing, compounding, dispensing, and administering drugs by certain practitioners; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and assistants, so as to provide for definitions.
Referred to Committee on Human Resources.
HB 225. By Representatives Pannell of the 122nd, Cummings of the 17th, Snow of the 1st and Alien of the 127th: A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of

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property, so as to change the definition of the term "fair market value"; to pro vide for the fair market value of rehabilitated historic property under certain circumstances; to change the provisions relating to the assessment of tangible property. Referred to Committee on Banking and Finance.
HB 234. By Representatives Holmes of the 28th, Lee of the 72nd, Walker of the 115th and others:
A bill to amend Code Section 21-2-5 of the Official Code of Georgia Annotated, relating to qualifications of candidates for federal and state office, so as to change certain provisions regarding challenges to the qualifications of certain candidates by certain electors. Referred to Committee on Governmental Operations.
HB 238. By Representative Holmes of the 28th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, the "Georgia Peace Officer Standards and Training Act," so as to change the definition of peace officer and retired peace officer. Referred to Committee on Public Safety.
HB 254. By Representatives Crawford of the 5th and Smith of the 16th:
A bill to amend Code Section 21-2-409 of the Official Code of Georgia Annotated, relating to assisting electors who cannot read or who have physical disabilities, so as to provide that blind electors shall not be required to take an oath in order to receive assistance in voting. Referred to Committee on Governmental Operations.
HB 315. By Representatives Pinkston of the 100th, Beck of the 148th and Padgett of the 86th:
A bill to amend Chapter 2 of Title 7 of the Official Code of Georgia Annotated, relating to the credit union deposit insurance corporation, so as to to provide procedures and requirements for the adoption or amendment of bylaws of the credit union deposit insurance corporation; to authorize the board of such corpo ration to provide a membership fee schedule with department approval. Referred to Committee on Banking and Finance.
HB 316. By Representatives Pinkston of the 100th, Beck of the 148th and Padgett of the 86th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for the filling of a vacancy in the office of commissioner of banking and finance; to provide for the appoint ment of one or more deputy commissioners and additional personnel; to provide for the oath of office to be taken by each deputy commissioner and examiner. Referred to Committee on Banking and Finance.
HB 331. By Representative Groover of the 99th:
A bill to amend Code Section 37-4-40 of the Official Code of Georgia Annotated, relating to the filing of a petition with a court for the according of a program of services to a mentally retarded person, so as to change the criteria for admission to residential facilities for the mentally retarded. Referred to Committee on Human Resources.

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HB 346. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Code Section 21-2-212 of the Official Code of Georgia Annotated, relating to the appointment of county deputy registrars, so as to exempt certain chief deputy registrars from certain restrictions applicable to registrars and dep uty registrars. Referred to Committee on Governmental Operations.
HB 401. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible to hold civil office, so as to reduce the residency requirement for certain county and municipal offices. Referred to Committee on Governmental Operations.
HB 405. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Article 15 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to miscellaneous offenses regarding elections and primaries, so as to change certain provisions with respect to disclosing how a person voted. Referred to Committee on Governmental Operations.
HB 463. By Representatives Hasty of the 8th, Stancil of the 8th, Royal of the 144th and others:
A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses, so as to change the conditions for imme diate issuance of marriage licenses and to delete certain provisions relating to sanctions for violating certain waiting period requirements. Referred to Committee on Special Judiciary.
HB 464. By Representatives Reaves of the 147th, Godbee of the 110th, Balkcom of the 140th and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length of vehicles and loads, so as to provide an exemption for certain vehicles and combinations of vehicles from the maximum length requirements of such Code section. Referred to Committee on Transportation.
HB 470. By Representatives Childers of the 15th, Richardson of the 52nd, Redding of the 50th and others:
A bill to amend Code Section 43-11A-18 of the Official Code of Georgia Anno tated, relating to termination of the Georgia Board of Examiners of Licensed Dietitians, so as to change a date. Referred to Committee on Human Resources.
HB 473. By Representatives Cheeks of the 89th, Godbee of the 110th, Harris of the 84th and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, so as to change the length restrictions relative to certain vehicles. Referred to Committee on Transportation.

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HB 499. By Representatives Foster of the 6th, Colwell of the 4th, Twiggs of the 4th, Mur phy of the 18th and others:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to provide that over crowding of the prison system may create an emergency requiring additional cor rectional facilities either of a permanent type of construction or of a temporary or movable type. Referred to Committee on Corrections.
HB 524. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to change the provisions relat ing to jury lists and the compilations and revision thereof; to change certain pro cedures; to provide for the creation of jury lists and boxes in counties using nonmechanical procedures and in counties using mechanical or electronic procedures. Referred to Committee on Judiciary.
HB 538. By Representatives Godbee of the 110th, Reaves of the 147th, Greene of the 130th and others:
A bill to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of vehicles generally, so as to provide that cer tain trailers and semitrailers shall comply with the requirements for emblems on slow-moving vehicles; to provide certain requirements for lights and reflectors on certain trailers and semitrailers or to require escort vehicles in lieu thereof. Referred to Committee on Transportation.
HB 545. By Representative Chambless of the 133rd:
A bill to amend Code Section 44-14-361.1 of the Official Code of Georgia Anno tated, relating to how liens are declared and created, records, commencement of actions, notices, and priorities, so as to provide for the filing of notices with the clerk of the superior court at the time certain actions in rem are filed; to provide for practices, procedures, and requirements connected therewith. Referred to Committee on Judiciary.
HB 546. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend an Act which amended Chapter 1 of Title 51 of the Official Code of Georgia Annotated, and which provided that certain persons shall not be liable for the acts of intoxicated persons who are of legal drinking age, so as to correct a typographical error in a cross-reference. Referred to Committee on Judiciary.
HR 35. By Representatives Groover of the 99th, Lucas of the 102nd and Randall of the 101st:
A resolution authorizing the conveyance of certain state owned real property lo cated in Bibb County, Georgia. Referred to Committee on Public Utilities,
HR 66. By Representative Greene of the 130th:
A resolution designating the George S. Lee Causeway. Referred to Committee on Transportation.

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HR 110. By Representative Crawford of the 5th: A resolution designating the Juliette Gordon Low Highway.
Referred to Committee on Transportation.
HB 290. By Representatives Wall of the 61st, Breedlove of the 60th, Goodwin of the 63rd and others: A bill to abolish the office of elected county surveyor of Gwinnett County; to provide for the appointment of said official by the county governing authority.
Referred to Committee on Urban and County Affairs.
HB 549. By Representatives Oliver of the 53rd, Baker of the 51st, Lawrence of the 49th, Richardson of the 52nd and others: A bill to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, so as to change certain fees.
Referred to Committee on Urban and County Affairs.
HB 550. By Representatives Hasty of the 8th, Barnett of the 10th and Stancil of the 8th: A bill to amend an Act placing the sheriff, the clerk of the superior court, the tax commissioner, and the judge of the Probate Court of Cherokee County on the salary system in lieu of fees, so as to provide for a supplement to the compensa tion of the sheriff, the clerk of the superior court, the tax commissioner, and the judge of the Probate Court of Cherokee County.
Referred to Committee on Urban and County Affairs.
HB 551. By Representative Smith of the 78th: A bill to create the Lamar County Water and Sewer Authority.
Referred to Committee on Urban and County Affairs.
HB 554. By Representatives Bostick of the 138th and Carter of the 146th: A bill to amend an Act creating and establishing the State Court of Tift County, so as to change the minimum compensation of the sheriff and the clerk.
Referred to Committee on Urban and County Affairs.
HB 558. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th: A bill to amend an Act creating a new charter for the City of Gainesville, so as to change the election and terms of office of the city commissioners.
Referred to Committee on Urban and County Affairs.
HB 561. By Representatives Barnett of the 59th, Bannister of the 62nd, Breedlove of the 60th and others: A bill to amend an Act abolishing the office of coroner of Gwinnett County and establishing in its place the office of medical examiner of Gwinnett County, so as to change certain provisions relating to persons qualified to hold the office of medical examiner.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Children and Youth has had under consideration the following bill

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of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 153. Do pass by substitute. Respectfully submitted, Senator Barker of the 18th District, Chairman

Mr. President:

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

SB 247. Do pass.

HB 422. Do pass by substitute.

SB 254. Do pass.

HB 461. Do pass.

HB 362. Do pass.

HB 526. Do pass.

Respectfully submitted,

Senator Harris of the 27th District, Chairman

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

SB 9. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions concerning the merit system generally, so as to change the definition and application of the term "working test employee"; to provide an effective date.

SB 93. By Senators Engram of the 34th, Tate of the 38th and Langford of the 35th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to provide that program weights for the primary and middle grade programs shall reflect suffi cient funds to pay the beginning salaries of guidance counselors; to provide for certain weights to be applied in the Quality Basic Education Formula.

SB 124. By Senators Barker of the 18th, Kidd of the 25th and Stumbaugh of the 55th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to create the "Child Health Services Act"; to provide that all accident and sickness insurance benefit plans, policies, or con tracts providing coverage on an expense incurred basis shall also provide that the accident and sickness benefits applicable for children include coverage for child health supervision services from the moment of birth to age five years.

SB 147. By Senator Barnes of the 33rd:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to authorize local boards of education to establish sick leave banks or pools of voluntarily contrib uted employee sick leave days; to provide for contributions; to provide for the use of such days; to provide for practices, procedures, and requirements relative to the foregoing.

SB 152. By Senators Kennedy of the 4th, Coleman of the 1st and Ray of the 19th:
A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to restrict membership and creditable service based on employment or services for which membership

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and credit are sought under the Peace Officers' Annuity and Benefit Fund; to change the provisions relating to leaves of absence and withdrawals from the fund.
SB 160. By Senator Kidd of the 25th:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relating to spouses benefits coverage; to provide that when a member is divorced from the member's spouse, the member's spouse may seek a qualified domestic relations order to attach the member's retirement bene fits and spouses benefits.
SB 178. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and Barnes of the 33rd:
A bill to amend Code Section 21-2-267 of the Official Code of Georgia Annotated, relating to the arrangement and storage of equipment at polling places in general elections and primaries, so as to require that a designated voting compartment or booth be reserved for handicapped voters in precincts of a certain size.
SB 180. By Senators Deal of the 49th and Barker of the 18th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relat ing to the place of detention of a child; to provide for limitations thereon; to provide for transfers; to provide for notices, practices, and procedures; to provide for time limits; to provide for definitions; to provide an effective date.
SB 232. By Senators Scott of the 2nd, Allgood of the 22nd, Hammill of the 3rd and others:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for equal employment opportuni ties without regard to certain factors and conditions; to provide a short title; to provide for legislative intent; to provide for definitions; to prohibit certain em ployment related conduct and permit other such conduct.
SB 240. By Senators Ray of the 19th, Kennedy of the 4th, Timmons of the llth and others:
A bill to amend Part 1 of Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants to local school systems for relief of local taxpayers, so as to repeal a provision defining "average daily attendance"; to change the provisions relating to the allotment of grants.
SB 249. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, so as to authorize the governing authority of any county to provide, and to expend county funds for the provision of, health insur ance, life insurance, disability insurance, liability insurance, retirement and pen sion coverage, and other similar or related employment benefits for elected county officers and the personnel thereof.
HB 42. By Representative Buck of the 95th:
A bill to amend Code Section 47-17-60 of the Official Code of Georgia Annotated, relating to payments to the Peace Officers' Annuity and Benefit Fund from fines collected and bonds forfeited and collected in criminal and quasi-criminal cases,

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so as to provide for the filing of certain forms in connection with payments to the fund.
HB 43. By Representative Buck of the 95th:
A bill to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions applicable to the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to the definition of "peace officer".
HB 59. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain write-in ballots shall be counted at tabu lating centers; to provide for procedures; to provide that certain poll officers shall not count certain write-in ballots.
HB 62. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for mandatory annual training for certain election su perintendents and registrars.
HB 63. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others:
A bill to amend Code Section 21-2-213 of the Official Code of Georgia Annotated, relating to qualifications of registrars and deputy registrars, so as to provide that deputy registrars at permanent additional voter registration sites do not have to be residents of the county in which they serve.
HB 66. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to correct certain citations to federal law.
HB 72. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others:
A bill to amend Code Section 21-2-217 of the Official Code of Georgia Annotated, relating to the form of registration cards, so as to provide for the issuance of a card to registered voters containing certain identification, precinct, and district information; to provide for powers, duties, and authority of the Secretary of State and boards of registrars with respect to such card.
HB 90. By Representatives Thomas of the 69th, Groover of the 99th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.
HB 142. By Representative Connell of the 87th: A bill to amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the "Public Retirement Sys tems Standards Law," so as to provide that a certain amendment to the law pro-

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viding for the Georgia Firemen's Pension Fund shall not be subject to the Public Retirement Systems Standards Law under certain conditions.

HB 143. By Representative Connell of the 87th:
A bill to amend Code Section 47-7-102 of the Official Code of Georgia Annotated, relating to disability benefits under the Georgia Firemen's Pension Fund, so as to change the provisions relating to such disability benefits; to amend Code Section 47-7-124 of the Official Code of Georgia Annotated, relating to limitation of cer tain actions, so as to provide that the Board of Trustees of the Georgia Firemen's Pension Fund shall not assert after April 1, 1989, any claim.

HB 157. By Representatives Ray of the 98th, Pinkston of the 100th, Groover of the 99th, Jenkins of the 80th and Crawford of the 5th:
A bill to amend Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administrations of estates in general, so as to specify provisions governing territorial jurisdiction of probate courts over the estates of decedents; to provide for the determination of residence of decedents who were under the care of a nursing home or other similar facility.

HB 271. By Representatives Jamieson of the llth, Dover of the llth, Smith of the 78th, Barnett of the 10th, Porter of the 119th and McDonald of the 12th:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property, so as to increase the applicable occupant load with respect to churches.

HB 381. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th and Coleman of the 118th:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1989, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.

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

Albert Allgood Barker Bowen Broun Burton
Dawkins j-) ea j Dean Echols Edge English Engram Fincher

Foster Fuller Garner GiHis
Hammill Harris
Howard Huggins
3ohnsTM Kennedy Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Pollard
Ragan of 10th Ragan of 32nd
Ray Scott of 2nd
Scott of 36th Shumake Starr Stumbaugh Timmons Turner Tysinger Walker

MONDAY, FEBRUARY 6, 1989

473

Those not answering were Senators:

Baldwin Barnes Brannon (excused)

Coverdell Phillips

Tate Taylor

Senator Ray of the 19th introduced the chaplain of the day, Reverend Barry W. Draper, pastor of the First Baptist Church, Hazelhurst, Georgia, who offered scripture reading and prayer.

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
February 03, 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 Regular Session as of 3:00 p.m. on February 03, 1989. The list is numbered 812 through 852.

Most sincerely,
/s/ Max Cleland Secretary of State

Attachment

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 persons numbered 812 through 852, who have registered in the Docket of Legislative Appearance as of February 03, 1989, 3:00 p.m. in accordance with Georgia Law 1970, p. 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 3rd day of February, 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

474

JOURNAL OF THE SENATE

812. Carrie King Downs 1600 Oakbrook Drive, Suite 580 Norcross, Georgia 30247 Georgia Interconnect Association
813. Dexter Cantelou 3000 Langford Road, Bldg 2400 Norcross, Georgia 30071 404/447-4611 Georgia Interconnect Association Georgia Burglar and Fire Alarm Association Fraternal Order of Police (State Lodge)
814. Elizabeth Stewart 222 W. Oglethorpe Ave. Savannah, Georgia 31499 912/944-0444 Savannah Area Chamber of Commerce
815. Bernard T. Cleary Post Office Box 570 Savannah, Georgia 31406 912/238-7329 Union Camp Corporation
816. Gordon D. Giffin 134 Peachtree Street, Suite 1900 Atlanta, Georgia 30303 404/527-4020 Long Aldridge & Norman
817. James E. Powell Suite 207, 1991 Marietta Road Canton, Georgia 30114 404/479-8485 Independent Locksmiths Independent Dump Truck Owner Operators
818. John T. Sherrer 833 Campbell Hill Street Marietta, Georgia 30060 404/427-0202 Georgia Pharmaceutical Association
819. G. Wayne Johnson Post Office Box 2080 Stone Mountain, Georgia 30087 404/979-9814 Communication Workers of America (CWA)
820. Lindy Thomas 1165 West Conway Drive Atlanta, Georgia 30327 404/262-2438 Junior League of Atlanta

821. D. F. Dunning 101 Cameron Circle Vinings, Georgia 30080 404/625-2300 Georgia Lottery Association
822. Mark D. Anthony 3246-E Windscape Village Lane Norcross, Georgia 30093 404/923-5759 Students for an Educated Georgia Georgia GOP Georgia Americans for Freedom Gwinnett Americans for Freedom
823. Roy Hanson 100 Edgewood Ave., Rm 128 Atlanta, Georgia 30303 404/527-7650 Metropolitan Atlanta Crime Commission
824. Carla M. Leonard Post Office Box 1010 Riverdale, Georgia 30274 404/763-0591 Citizen
825. Carl P. Johnson 100 Crescent Centre Parkway Suite 1260 Atlanta, Georgia 30084 404/493-8029 Phillip Morris USA
826. Judson C. Greene 1332 Vista Leaf Drive Decatur, Georgia 30033 404/636-9834 #2325 American Association of Retired Persons
827. Marty Nance 44 Broad Street, Suite 503 Atlanta, Georgia 30303 404/523-6408 Urban Residential Finance Authority of the City of Atlanta
828. Sam M. Poole One American Place Baton Rouge, Louisiana 70825 504/344-3201 DuPont Co. Conoco Inc. Kayo Consol

MONDAY, FEBRUARY 6, 1989

475

829. Richard A. Ray 501 Pulliam Street, S.W., Suite 233 Atlanta, Georgia 30312 404/525-8133 Atlanta Labor Council A.F.L.-C.I.O.
830. Janelle Ewing 5780 Old National Highway College Park, Georgia 30349 404/991-0947 United Food & Commercial Workers Union Local 1063
831. Lynne Christian 2799 Interlaken Drive Marietta, Georgia 30062 404/998-0952 Cobb County Republican Party
832. Elaine Lalonde 100 Edgewood Avenue, #1010 Atlanta, Georgia 30303 404/522-8683 Georgia League of Women Voters
833. Alfred T. Pitman 20 Marietta Street Atlanta, Georgia 30303 404/330-2952 Georgia Federal Bank
834. Grady Perry, Jr. 41 Marietta Street, Suite 507 Atlanta, Georgia 30303 404/577-7910 Georgia League & Savings Institution
835. Garland C. "Gary" Moore 675 Ponce de Leon Avenue, N.E. Suite 908 Atlanta, Georgia 30395 404/885-3891 Ross, Russell, Ellis and Bailey (Research Excellence, Inc.)
836. Sharon Teague Post Office Box 88 Red Oak, Georgia 30272 404/969-1133 Sharon Teague-Sloto
837. Nancy Ruth Streetman Route 1 Braselton, Georgia 30517 404/654-2243 Citizen Professional Association of Georgia Educators

838. Mary Farmer 1810 Rockridge Place, NE Atlanta, Georgia 30324 404/874-1292 Hill, Rose & Farmer
839. Rachel B. Champagne 100 Edgewood Avenue, Room 128 Atlanta, Georgia 30303 404/527-7652 Metropolitan Atlanta Crime Commission Georgians for Victim Justice
840. Liane R. Levetan 2250 Chrysler Terrace Atlanta, Georgia 30345 404/636-3704 Metropolitan Atlanta Crime Commission
841. Guy Mosier 4948 Bridgeport Way Norcross, Georgia 30092 404/441-1499 E.I. Dupont
842. John M. Willis P.O. Box 5305 Atlanta, Georgia 30307 404/642-3108 Georgia Women's Coalition for Medical Freedom, Inc. Citizen Georgian's For Safe Food
843. W. A. Bagwell Post Office Box 1 Gainesville, Georgia 30503 404/532-7211 Alliance of American Insurers
844. Thomas A. Player 75 Poplar Street, Haas Howell Building Atlanta, Georgia 30303-2122 404/681-2600 Aetna Insurance Company
845. H. Evonne Yancey 3355 Lenox Road, N.E. Atlanta, Georgia 30326 404/233-0555 Kaiser Permanente

476

JOURNAL OF THE SENATE

846. Quinn Hudson 3179 Peachtree Road Suite 200 Atlanta, Georgia 30305 404/233-5976 Atlanta Association of Life Underwriters, The Atlanta Brewing Co. Deak International Limited William Robb Group, The
847. M.K. Daniels 1201 W. Peachtree 39th Floor IBM Tower Atlanta, Georgia 30309 404/881-4100 Citizen
848. Janet Long Post Office Box 395 Douglasville, Georgia 30133 404/942-5022 Citizen

849. Robert L. Infinger, Jr. 1900 Emery Street, N.W. Suite 100-A Atlanta, Georgia 30318 404/352-1026 American Legion, Dept. of Georgia, The
850. Joann Gorrell 105 Melanie Circle Fairburn, Georgia 30213 404/460-1224 Citizen Georgia Nurses Association
851. Douglas A. Winship 3716 Spring Creek Lane Atlanta, Georgia 30350 404/392-0218 Students for an Educated Georgia
852. Milo Dakin 750 Washington Avenue, Suite 206 Montgomery, Alabama 36104 205/265-2158 Alabama Sports Association Inc.

The following resolutions of the Senate were read and adopted:
SR 108. By Senators Land of the 16th, Parker of the 15th and Broun of the 46th: A resolution commending Mr. Wayne Johnson.
SR 109. By Senator Timmons of the llth: A resolution paying tribute to and expressing sorrow at the passing of George Salter Lee.
SR 112. By Senator Allgood of the 22nd: A resolution commending Robert B. Shapiro.
SR 113. By Senator Perry of the 7th: A resolution commending Larry Wayne Bussey.
SR 114. By Senator Garner of the 30th: A resolution commending the Alexander High School Concert Choir.
SR 115. By Senators Garner of the 30th and Kennedy of the 4th: A resolution recognizing the Southern States Correctional Association on the oc casion of its twentieth anniversary.

MONDAY, FEBRUARY 6, 1989

477

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Monday, February 6, 1989
EIGHTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 247 Baldwin, 29th City of LaGrange Troup County
To amend an Act creating a new charter for the City of LaGrange in Troup County, so as to authorize the Board of Education of the City of LaGrange to elect and appoint a Superintendent of the LaGrange School System for a term not to exceed four years.
SB 254 Edge, 28th Spalding County
To create and establish the Griffin-Spalding County Charter Commission.
HB 362 Baldwin, 29th City of LaGrange Troup County
To repeal an Act creating the Mountville Water Authority, so as to provide for a transfer of the assets and obligations of such Authority to the City of LaGrange.
*HB 422 Deal, 49th City of Oakwood Hall County
To amend an Act creating a new charter for the City of Oakwood, so as to require the city council to hold an organizational meeting in January follow ing each general municipal election; to change the day of elections; to change the terms of office of the mayor and members of the council. (SUBSTI TUTE)
HB 461 Baldwin, 29th Meriwether County
To amend an Act providing for the compensation of the chairman and mem bers of the board of commissioners of Meriwether County, so as to change the maximum compensation of the chairman and members of the board of commissioners of Meriwether County.
HB 526 Taylor, 12th City of Albany Dougherty County
To amend an Act providing for the Joint County-Municipal Board of Regis tration and Elections for Dougherty County and the City of Albany, so as to change the provisions relating to membership of the joint board; to remove the supervisor of registration and elections from membership on the joint board.

478

JOURNAL OF THE SENATE

The substitute to the following bill was put upon its adoption:
*HB 422:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 422:
A BILL
To be entitled an Act to amend an Act creating a new charter for the City of Oakwood, approved March 9, 1979 (Ga. L. 1979, p. 3089), as amended, so as to require the city council to hold an organizational meeting in January following each general municipal election; to change the day of elections; to change the terms of office of the mayor and members of the council; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Oakwood, approved March 9, 1979 (Ga. L. 1979, p. 3089), as amended, is amended by striking Section 2.8 in its entirety and substituting in lieu thereof a new Section 2.8 to read as follows:
"Section 2.8. Organizational meeting. The city council shall hold an organizational meeting in January following each general municipal election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows:
'I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor or council member as the case may be) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America.' "
Section 2. Said Act is further amended by striking Section 5.1 in its entirety and substi tuting in lieu thereof a new Section 5.1 to read as follows:
"Section 5.1. Applicability of general law. All primaries and elections shall be held and conducted in accordance with the ordinances of the city and Chapter 3 of Title 21 of the O.C.G.A., known as the 'Georgia Municipal Election Code,' as now or hereafter amended."
Section 3. Said Act is further amended by striking Section 5.2 in its entirety and substi tuting in lieu thereof a new Section 5.2 to read as follows:
"Section 5.2. Regular elections; time for holding; election by majority, (a) (1) On Tues day next following the first Monday in November, 1989, and on that day every two years thereafter there shall be a general municipal election for successors to the mayor and the other members of the city council whose terms of office expire the following January.
(2) The mayor shall be elected at the general municipal election conducted in 1989 and quadrennially thereafter.
(3) (A) For the purpose of electing members of the city council, the City of Oakwood shall consist of one election district with five numbered posts designated as Posts 1 through 5, respectively. Persons seeking election to the council shall select the post for which they offer as a candidate.
(B) The members of the city council representing Posts 1 and 2 shall be elected at the general municipal election in 1989 and quadrennially thereafter.
(C) The members of the city council representing Posts 3, 4, and 5 shall be elected on Tuesday next following the first Monday in November, 1990, and shall serve until the orga nizational meeting in January, 1996. Successors to the members of the city council repre senting Posts 3, 4, and 5 shall be elected at the general municipal election in November, 1995, and quadrennially thereafter.
(4) The terms of office of the mayor and the other members of the city council shall

MONDAY, FEBRUARY 6, 1989

479

commence at the time of taking the oath of office as provided in Section 2.8 of this charter and they shall serve until their successors are duly elected and qualified.
(b) (1) The candidate receiving a majority of the votes cast shall be declared the winner of the elective city office such candidate is seeking.
(2) In the event that no candidate receives a majority of the votes cast, a run-off elec tion shall be held and conducted in accordance with the ordinances of the city and Chapter 3 of Title 21 of the O.C.G.A., known as the 'Georgia Municipal Election Code,' as now or hereafter amended.
(3) In the event of a tie between the two candidates receiving the highest number of votes, a special election shall be held and conducted in accordance with the ordinances of the city and Chapter 3 of Title 21 of the O.C.G.A., known as the 'Georgia Municipal Elec tion Code," as now or hereafter amended."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 49, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bowen JB>ruorutonn
C^ overdell Dawkins D ea l Dean Echols Edge English

Engram Fincher Foster Fuller Garner
Gillis HTHTaamrrims ill
Howard Huggms Johnson Kennedy Kidd Land McKenzie Olmstead

Parker Peevy Perry Phillips Pollard
Ragan of 10th RTR, aaygan of 32nd SS01hcoutmt aokife36th Starr Stumbaugh Tate Timmons Turner Tysinger

Those not voting were Senators:

Brannon (excused) Coleman Langford

Newbill Scott of 2nd

Taylor Walker

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

All the bills on the Senate Local Consent Calendar, except HB 422, having received the requisite constitutional majority, were passed.

HB 422, having received the requisite constitutional majority, was passed by substitute.

480

JOURNAL OF THE SENATE

SENATE CALENDAR Monday, February 6, 1989
EIGHTEENTH LEGISLATIVE DAY
SR 10 University System Laboratory, Equipment Study Committee--create (H Ed--46th)
SR 56 Franchised Motor Vehicle Practices Study Committee--create (Pub S--22nd) HB 101 License Plates--repeal provision on surety bonds to purchase (Trans--1st) HB 159 Employee Voluntary Charity Deduction--include Board of Regents
(H Ed--54th) HB 160 Student Incentive Grant Program--maximum amount (H Ed--54th) SB 44 State Contracts--contractor provide payment bond (Substitute) (I&L--25th) SB 70 Sanitary Landfill Operators--certification (Substitute) (Amendment) (Nat
R--14th) SB 119 Rabbit Slaughter, Processing--inspection exceptions (Ag--llth) SB 141 Multiline Heavy Equipment--regulate dealers, suppliers (Amendment)
(I&L--33rd) SB 145 Newspapers as Official County Organs--notify Secretary of State (S Judy--33rd) SB 177 Polling Places--seating for handicapped and those over 65 (Gov Op--32nd) SB 179 Certain County Officers--select, employ personnel (Gov Op--9th) SB 194 State Games Commission--create (Gov Op--50th) SB 195 Mandatory Suspension of Drivers' Licenses--offenses requiring (S Judy--48th) SB 196 Fleeing Police--increased penalty when involving injury (Amendment)
(S Judy--48th) SB 197 Probate Court--certain clerks, chief clerks perform marriage (Gov Op--48th) SB 198 Auctioneers--qualifications of applicants (Amendment) (Ag--21st) SB 204 Possessing, Selling Drugs, School Property--criminal offense (Amendment)
(S Judy--9th) SB 225 Livestock Rendering, Disposal Plants--licensing, inspection (Ag--21st) SB 226 Solid Waste Handling, Disposal--no local government regulation (Nat R--39th) SB 236 State Purchasing--reports of vendor invoices not paid (Gov Op--26th) SB 241 Board of Registration for Used Motor Vehicle Salvage Dealers--extend
(C Aff--35th) HB 5 Business Opportunity Sale--redefine business opportunity (C Aff--2nd) HB 7 Boxing Commission--change date for termination (Gov Op--25th) HB 15 Boxing and Wrestling Commission--create (Gov Op--25th) HB 64 Serious Injury by Vehicle--define crime (Judy--48th) HB 96 Court Bailiffs and Jurors--compensation and expense allowances (S Judy--33rd) HB 107 Executive Probate Judges Council--election of 3 members at large (Judy--42nd) HB 108 Magistrates and Chief Magistrate Bonds--approval, filing (Judy--49th) HB 110 Aviation Hall of Fame--create (ED&T--18th) HB 113 Terms of Municipal Officers--authority of General Assembly (Gov Op--25th) HB 151 Seed Capital Fund--capital for certain entrepreneurial firms (ED&T--46th) SB 2 Employees Under Merit System--on-call compensation (Substitute) (Amend
ments) (Gov Op--25th)

MONDAY, FEBRUARY 6, 1989

481

SB 47 Department of Human Resources Employees Under Merit System--supplement for certain shifts (Gov Op--25th)
SB 137 Certificate of Need--certain renovation projects exempt (Substitutes) (Hum R--25th)

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

SR 10. By Senator Broun of the 46th:
A resolution creating the University System Laboratory, Equipment, Rehabilita tion Technology, and Eminent Scholars Endowment Study Committee.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olms tead Parker

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

Those not voting were Senators:

Brannon (excused) Coleman

Langford

Taylor

On the adoption of the resolution, the yeas were 52, nays 0.

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

SR 56. By Senators Allgood of the 22nd and Bowen of the 13th: A resolution creating the Franchised Motor Vehicle Practices Study Committee.

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

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

482

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bowen Broun CBC,,,olualryetomnan Collins Coverdell Dawkins
Deal Dean Echols Edge

English Engram Fincher Fuller Garner
Gilhs Hammill JTHHTouahrgnrgissmons Kennedy Kidd Land
McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th
Ragan of 32nd p. Scs0ccoot,t,tt oorff, 3Qz,,n6. dtjh, Shumake btarr Stumbaugh
Tate Turner Tysinger Walker

Those not voting were Senators:

Brannon (excused) Foster

Howard Langford

Taylor Timmons

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

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

HB 101. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Code Section 40-2-30, relating to issuance of license plates, so as to repeal the authorization for use of a surety bond to purchase 75 percent of a license plate.

Senate Sponsor: Senator Coleman of the 1st.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean

Echols Edge 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 10th Ragan of 32nd Ray Scott of 36th Shumake

MONDAY, FEBRUARY 6, 1989

483

Stumbaugh Tate

Turner Tysinger

Walker

Those not voting were Senators:

Brannon (excused) Langford

Scott of 2nd Starr

Taylor Timmons

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

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

HB 159. By Representatives Buck of the 95th, Lane of the lllth, Stancil of the 66th and others:
A bill to amend Article 3 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to voluntary deductions from wages or salaries of state em ployees for benefit of charitable organizations, so as to specifically include the board of regents and all units of the university system in the definition of state agencies participating in the program and authorized to make deductions from the salaries or wages of their employees.
Sseennate Ssppoonsors: Sseennators Fincher orf the 54th and Turner otf the 8thn.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes
Bowen roun B urton Coleman Collins Coverdell Dawkins D ea l Dean Echols Edge English

Engram Fincher Foster Fuller
Garner Gillis Hammill * a TM* Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill

Olmstead Parker Peevy Perry
Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Allgood Brannon (excused) Langford

Scott of 2nd Starr

Taylor Timmons

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

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

484

JOURNAL OF THE SENATE

HB 160. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A bill to amend Code Section 20-3-391 of the Official Code of Georgia Annotated, relating to the authorization and applicability of the state student incentive grant program, so as to remove the maximum amount of the grant and authorize the board of directors of the Georgia Student Finance Authority to establish the maximum award subject to state appropriations.
Senate Sponsor: Senator Fincher of the 54th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen BTM"
BC.luaryton CCoollleimnsan Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis
HHaamrrmisl11 HHouwggairnds Johnson Kennedy Kidd Land McKenzie Newbill

Olmstead Parker Peevy Perry Phillips Pollard R of loth
R,,ag6an of 32nd Scaoytt of 36th Shumake Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Brannon (excused) Langford

Scott of 2nd Starr

Taylor Timmons

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

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

Lieutenant Governor Miller introduced Honorable Sam Nunn, United States Senator from Georgia, who briefly addressed the Senate.

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

SB 44. By Senator Kidd of the 25th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds and other bonds required on contracts with the state and other political subdivisions for public works, so as to require contractors to pro vide payment bonds for the use and protection of persons supplying labor or materials to a subcontractor of the principal contractor.

MONDAY, FEBRUARY 6, 1989

485

The Senate Committee on Industry and Labor offered the following substitute to SB 44:

A BILL
To be entitled an Act to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds and other bonds required on contracts with the state and other political subdivisions for public works, so as to require contractors to provide payment bonds for the use and protection of persons supplying labor or materials to a subcontractor of the principal contractor; to provide for payments by the principal contractor when certain accounts are due or agreements violated; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds and other bonds required on contracts with the state and other political subdivi sions for public works, is amended by striking in its entirety paragraph (2) of subsection (b) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) A payment bond with good and sufficient surety or sureties, payable to the state, county, municipal corporation, or public board or body thereof for which the work is to be done, and for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the contract, including any subcontractor having a direct contract with a principal contractor for labor, materials, or equipment. In case of any forfeiture of payment to labor according to a subcontractor's agreement, the surety must make said payments within 24 working days from the due date. All other accounts due involving materials, equipment, and machinery must be paid before the principal contractor receives any moneys from his escrow account or is relieved from his bond responsibilities. The payment bond on the principal contractor shall be in the amount of at least the total amount payable by the terms of the contract."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun Burton Clay Collins Coverdell Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Shumake Stumbaugh Tate Timmons Turner Tysinger Walker

486

JOURNAL OF THE SENATE

Those not voting were Senators:

Bowen Brannon (excused) Coleman Dawkins

Harris Langford Olmstead Ray

Scott of 36th Starr Taylor

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

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

SB 70. By Senators McKenzie of the 14th, Gillis of the 20th, Turner of the 8th and others:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to the management, handling, and disposal of solid waste, so as to provide for definitions; to provide for certification of sanitary landfill opera tors; to provide for examinations; to provide for reciprocity; to provide for inves tigations; to provide for classification of sanitary landfills.

The Senate Committee on Natural Resources offered the following substitute to SB 70:

A BILL
To be entitled an Act to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to the management, handling, and disposal of solid waste, so as to provide for definitions; to provide for certification of sanitary landfill operators; to pro vide for examinations; to provide for reciprocity; to provide for investigations; to provide for classification of sanitary landfills; to provide for permit conditions; to prohibit operation of certain sanitary landfills without proper certification; to prohibit operation of certain sani tary landfills by uncertified operators; to authorize the director of the Environmental Pro tection Division of the Department of Natural Resources to refuse to grant certain permits; to provide for the conditions for such refusal; to provide for publication of notice of certain meetings at which solid waste disposal facility siting decisions are to be made; to prohibit the issuance of a permit for a sanitary landfill within two miles of certain significant groundwater recharge areas except under certain conditions; to require adequate financial responsi bility for persons operating or maintaining solid waste disposal facilities; to provide for pow ers and duties of the director of the Environmental Protection Division of the Department of Natural Resources and the Board of Natural Resources with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to the management, handling, and disposal of solid waste, is amended by striking Code Section 12-8-22, relating to definitions, and inserting in its place a new Code Section 12-8-22 to read as follows:
"12-8-22. As used in this article, the term:
(1) 'Board' means the Board of Natural Resources of the State of Georgia.
(2) 'Certificate' means a document issued by a college or university of the University System of Georgia or other organization approved by the director, stating that the operator has met the requirements of the board for the specified operator classification of the certifi cation program.
(3) 'Contaminant' means any physical, chemical, biological, or radiological substance or matter.
(4) 'Director' means the director of the Environmental Protection Division of the De partment of Natural Resources.

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487

(5) 'Disposal facility' means any facility or location where any treatment, utilization, processing, or deposition of solid waste occurs.
(6) 'Disposal site' means the location where the final deposition of solid waste occurs.
(7) 'Division' means the Environmental Protection Division of the Department of Natu ral Resources.
(8) 'Generator' means any person in Georgia or in any other state who creates solid waste.
(9) 'Hazardous constituent' means any substance listed as a hazardous constituent in regulations promulgated by the administrator of the United States Environmental Protec tion Agency pursuant to the federal act which are in force and effect on February 1, 1988, codified as Appendix VIII to 40 C.F.R. Part 261--Identification and Listing of Hazardous Waste.
(10) 'Leachate collection system' means a system at a sanitary landfill for collecting the leachate which may percolate through the wastes and into the soils surrounding the landfill.
(11) 'Manifest' means a form or document used for identifying the quantity and compo sition, and the origin, routing, and destination of special solid waste during its transporta tion from the point of generation, through any intermediate points, to the point of disposal, treatment, or storage.
(12) 'Nuisance' means anything which:
(A) Meets that definition of the term as defined by Code Section 41-1-1; and
(B) Occurs during or as the result of the handling or disposing of solid waste.
(13) 'Operator' means the person having direct supervision of daily field operation of a disposal site to ensure that the site operates in compliance with the permit.
(14) 'Person' means the State of Georgia or any other state or any agency or institution thereof, and any municipality, political subdivision, public or private corporation, special district empowered to engage in solid waste management activities, individual, partnership, association, or other entity in Georgia or any other state. This term also includes any officer or governing or managing body of any municipality, political subdivision, special district empowered to engage in solid waste management activities, or public or private corporation in Georgia or any other state. This term also includes employees, departments, and agencies of the federal government.
(15) 'Sanitary landfill' means a disposal site where solid wastes are disposed of by means of placing an earth cover thereon.
(16) 'Solid waste' means putrescible and nonputrescible wastes, except water carried body waste and materials destined for recycling, and shall include garbage, rubbish (paper, cartons, boxes, wood, tree branches, yard trimmings, furniture and appliances, metal, tin cans, glass, crockery, or dunnage), ashes, street refuse, dead animals, sewage sludges, animal manures, industrial wastes (waste materials generated in industrial operations), residue from incineration, food processing wastes, demolition wastes, abandoned automobiles, dredging wastes, construction wastes, and any other waste material in a solid or semisolid state not otherwise defined in this article.
(17) 'Solid waste handling' means the storage, collection, transportation, treatment, utilization, processing, or disposal of solid wastes, or any combination of such activities.
(18) 'Special solid waste' means any solid waste not otherwise regulated under Article 3 of this chapter, known as the 'Georgia Hazardous Waste Management Act,' and regulations promulgated thereunder originating or produced from or by a source or generator not sub ject to regulation under subsection (g) of Code Section 12-8-27."
Section 2. Said article is further amended by deleting "and" immediately following the semicolon at the end of subparagraph (H) of paragraph (1) of Code Section 12-8-23, relating

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to powers and duties of the Board of Natural Resources, and by adding four new subparagraphs immediately following subparagraph (H), to be designated subparagraphs (I), (J), (K), and (L), respectively, to read as follows:
"(I) Rules and regulations establishing the criteria for approval, time periods for cover age, and other terms and conditions for the demonstration of financial responsibility re quired by this article and for the implementation of financial responsibility instruments;
(J) Rules and regulations establishing qualifications for and certification of sanitary landfill operators through colleges or universities of the University System of Georgia or other organizations as may be determined acceptable by the board;
(K) Rules and regulations providing for the certification of persons as to their qualifica tions to supervise successfully the daily operation of sanitary landfills; and
(L) Rules and regulations establishing the fees authorized under Code Section 12-8-46."
Section 3. Said article is further amended by striking paragraph (3) of subsection (a) of Code Section 12-8-23.1, relating to powers and duties of the director, and inserting in its place a new paragraph (3) to read as follows:
"(3) (A) To issue all permits contemplated by this article, stipulating in each permit the conditions or limitations under which such permit is issued, and to deny, revoke, modify, or amend such permits.
(B) To refuse to grant any such permit if the director has probable cause to find that the applicant for a permit, or in the case of a corporation, partnership, or association, any officer, director, or principal shareholder of such applicant, has been adjudicated of bribery or fraud within the five years preceding the application or has been repeatedly adjudicated of major violations of any state or federal environmental law, or previously adjudged in contempt of any court order enforcing any state environmental laws, or has an operating history which shows a recurring pattern of flagrant and consistent violations of prohibited acts specified in Code Section 12-8-26;"
Section 4. Said article is further amended by adding a new Code section immediately following Code Section 12-8-27, to be designated Code Section 12-8-27.1, to read as follows:
"12-8-27.1. (a) Any certificate granted under this article shall be renewable every five years.
(b) The division shall approve all examinations and courses to be used in determining the knowledge, ability, and judgment of applicants for certification under this article. Such courses and examinations shall be given at least twice annually.
(c) Upon application, a certificate may be issued without examination, in a comparable classification to any person who holds a certificate in any state, territory, or possession of the United States or any country, provided that the requirements for certification of opera tors under which the person's certificate was issued do not conflict with this article and are of a standard not lower than that specified by regulations adopted under this article; pro vided, further, that reciprocal privileges are granted to certified operators of this state.
(d) The director may investigate the actions of any operator and may revoke or suspend the certificate of an operator, following a hearing conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' when it is found that the operator has practiced fraud or deception; that reasonable care, judgment, or the application of his knowledge or ability was not used in the performance of his duties; or that the operator is incompetent or unable to perform his duties properly.
(e) The division shall classify all sanitary landfills required to have operators certified under this article with due regard to the size, type, character of the solid waste to be dis posed of, and other physical conditions affecting such sanitary landfills according to the skill, knowledge, and experience that the operator in responsible charge must have to oper ate the facilities successfully so as to protect the public health and welfare and prevent environmental problems.

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489

(f) The director is authorized where appropriate to include, as a condition in a permit issued pursuant to Article 2 of Chapter 8 of Title 12, the 'Solid Waste Management Act,' a requirement that the operator in responsible charge be duly certified in accordance with this article.
(g) (1) After July 1, 1991, no person in responsible charge of a sanitary landfill which has a leachate collection system shall perform the duties of a sanitary landfill operator with out being duly certified under this article.
(2) After July 1, 1991, no sanitary landfill which has a leachate collection system shall be operated in Georgia unless the person in responsible charge is certified under this article."
Section 5. Said article is further amended by adding two new Code sections immedi ately following Code Section 12-8-28.2, to be designated Code Sections 12-8-28.3 and 12-828.4, respectively, to read as follows:
"12-8-28.3. The governing authority of any county or municipality taking action result ing in a solid waste disposal facility siting decision shall cause to be published within a newspaper of general circulation within the territorial boundaries of such county or munici pality a notice of the meeting at which such siting decision is to be made at least once a week for two weeks immediately preceding the date of such meeting. Such notice shall state the time, place, and purpose of the meeting.
12-8-28.4. No permit shall be issued for a sanitary landfill if any part of such site is within two miles of any area that has been designated by the director as a significant ground-water recharge area unless such sanitary landfill will have a liner and leachate col lection system and meets any other requirements as may be established by rules and regula tions of the board or pursuant to other geological considerations as may be determined ap propriate by the director."
Section 6. Said article is further amended by adding at the end thereof two new Code sections, to be designated Code Sections 12-8-45 and 12-8-46, respectively, to read as follows:
"12-8-45. (a) As used in this Code section, the term 'financial responsibility mechanism' means a mechanism designed to demonstrate that sufficient funds will be available to meet specific environmental protection needs of solid waste disposal facilities. Available financial responsibility mechanisms include but are not limited to insurance, trust funds, surety bonds, letters of credit, personal bonds, certificates of deposit, and financial tests and corpo rate guarantees as defined in 40 CRF Part 264 Subpart H--Financial Requirements.
(b) No solid waste disposal facility shall be operated or maintained by any person un less adequate financial responsibility has been demonstrated to the director to ensure the satisfactory maintenance, closure, and postclosure care of such facility; any corrective action which may be required as a condition of a permit; and payment of any liabilities to third parties as set forth in the regulations adopted pursuant to this article. The available finan cial responsibility mechanisms shall be expansive with adequate variety and flexibility to allow the owner or operator to meet its financial obligations. The owner or operator shall be allowed to use combined financial responsibility mechanisms for a single facility and shall be allowed to use combined financial responsibility mechanisms for multiple facilities utiliz ing actuarially sound risk-spreading techniques. The director may require the demonstra tion of financial responsibility prior to issuing a permit for any solid waste disposal facility.
(c) The provisions of this Code section shall not apply to any county, municipality, or special district empowered to engage in solid waste management activities which operates or maintains a solid waste disposal facility unless and until such times as federal regulations require counties, municipalities, or special districts to demonstrate financial responsibility for such facilities."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 8. All laws and parts of laws in conflict with this Act are repealed.
Senator McKenzie of the 14th offered the following amendment:
Amend the substitute to SB 70 offered by the Senate Committee on Natural Resources by striking from line 18 of page 9 the following:
"CRF"
and inserting in its place the following: "C.F.R."

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

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

Senator Shumake of the 39th moved that he be excused from voting on SB 70, stating that he had an interest in the results of the vote on the bill.

On the motion, the yeas were 36, nays 2; the motion prevailed, and Senator Shumake of the 39th was excused from voting on SB 70.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon (excused) Harris

Langford Olmstead Ray

Shumake (excused) Starr Taylor

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

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

MONDAY, FEBRUARY 6, 1989

491

SB 119. By Senator Timmons of the llth:
A bill to amend Code Section 26-2-112 of the Official Code of Georgia Annotated, relating to exceptions to the provisions requiring inspection of the slaughter of animals and the preparation of the carcasses, parts thereof, meat, and meat food products, so as to change the exception relating to the slaughtering and process ing of rabbits.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bowen Broun
Burton Clay Coleman Collins Coverdell Deal
Dean Echols Edge English Engrarn

Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kennedy Kidd Land Newbill Olmstead Parker

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

Voting in the negative was Senator Albert.

Those not voting were Senators:

Barnes Brannon (excused) Dawkins

Howard Langford McKenzie

Ray Shumake Starr

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

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

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

SB 141. By Senators Barnes of the 33rd and Starr of the 44th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for the regulation of dealers and suppliers of multiline heavy equipment; to define certain terms; to regulate the cancellation and renewal of agreements between dealers and suppli ers; to provide for notice of intent to amend or cancel an agreement.

The Senate Committee on Industry and Labor offered the following amendment:

Amend SB 141 by striking from line 6 of page 10 the word "Jurisdiction" and inserting in lieu thereof the word "Venue".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land 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 voting were Senators:

Brannon (excused) English

Kennedy (presiding) Langford

McKenzie

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

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

Senator Huggins of the 53rd moved that Senator Brannon of the 51st be excused from all roll calls in the Senate today due to his absence from the Senate because of illness.

On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Brannon of the 51st was excused from all roll calls in the Senate today.

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

SB 145. By Senator Barnes of the 33rd:
A bill to amend Code Section 9-13-142 of the Official Code of Georgia Annotated, relating to selection of journals and newspapers as official county organs, so as to direct the judge of the probate court of each county to notify the Secretary of State of the name and mailing address of the journal or newspaper serving as the official organ of the county.

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

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

MONDAY, FEBRUARY 6, 1989

493

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
owen pC,lay on CCoollleimnsan
Coverdell
Dawkins Deai Dean Echols Edge

English Engram Fincher Foster Fuller
Gillis Hammill Harris Huggins
Johnson
Kidd Land McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard
Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th
Shumake
Starr Stumbaugh Tate Tysinger Walker

Those not voting were Senators:

Brannon (excused) Broun Garner Howard

Kennedy (presiding) Langford Ray

Taylor Timmons Turner

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

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

SB 177. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and Barnes of the 33rd:
A bill to amend Code Section 21-2-267 of the Official Code of Georgia Annotated, relating to the arrangement and storage of equipment at polling places in general elections and primaries, so as to require that seating be available for handi capped voters and voters over the age of 65 in precincts of a certain size.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Burton
Clay Collins Coverdell Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Fuller
Garner Hammill Harris Huggins Johnson Kidd

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

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Scott of 36th Shumake Starr

Stumbaugh Tate Timmons

Turner Tysinger Walker

Those not voting were Senators:

Brannon (excused) Broun Coleman

Gillis Howard Kennedy (presiding)

Langford Taylor

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

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

SB 179. By Senators Phillips of the 9th and Kidd of the 25th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions affecting counties, so as to provide that certain county officers have the sole authority to select, employ, and discharge necessary personnel; to provide that any contractual or other rights previously acquired or acquired in the future by certain employees of county officers shall be an obliga tion of the governing authority of the county.

Senator Phillips of the 9th moved that SB 179 be committed to the Senate Committee on Governmental Operations.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 179 was commit ted to the Senate Committee on Governmental Operations.

SB 194. By Senators Foster of the 50th, Deal of the 49th, Walker of the 43rd and others:
A bill to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies, so as to create a Georgia State Games Commission; to define certain terms; to provide for purpose; to provide for the composition of the commission; to provide for the appointment and quali fications of members; to provide for the election of a chairman; to provide for meetings.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Coverdell Dawkins Deal

Dean Echols Edge English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins

Johnson Kidd Land McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray

MONDAY, FEBRUARY 6, 1989

495

Scott of 2nd Scott of 36th Shumake Starr

Stumbaugh Tate Taylor Timmons

Turner Tysinger Walker

Those not voting were Senators:

Brannon (excused)

Kennedy (presiding)

Langford

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

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

SB 195. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 40-5-54 of the Official Code of Georgia Annotated, relating to mandatory suspension of drivers' licenses, so as to change certain pro visions relating to offenses which require such mandatory suspension.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd 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

Voting in the negative was Senator Land.

Those not voting were Senators:

Bowen Brannon (excused)

Broun Kennedy (presiding)

Langford McKenzie

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

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

SB 196. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to the offense of fleeing or attempting to elude police officers, so as to

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provide for an increased criminal penalty in cases involving injuries to other persons.

The Senate Committee on Special Judiciary offered the following amendment:

Amend SB 196 by striking from line 7 of page 3 the following: "felony.'",

and inserting in its place the following:
"felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.' "

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land 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 Turner Tysinger

Those not voting were Senators:

Bowen Brannon (excused) Fincher

Kennedy (presiding) Langford McKenzie

Timmons Walker

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

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

SB 197. By Senators Peevy of the 48th, Deal of the 49th and Howard of the 42nd:
A bill to amend Code Section 15-9-36 of the Official Code of Georgia Annotated, relating to clerks and chief clerks of the probate court, so as to authorize certain clerks or chief clerks to perform marriage ceremonies.

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

MONDAY, FEBRUARY 6, 1989

497

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Engrain

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land 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 Walker

Those not voting were Senators:

Bowen Brannon (excused) Coverdell

Kennedy (presiding) Langford

McKenzie Tysinger

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

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

SB 198. By Senators English of the 21st and Gillis of the 20th:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to change the definition of certain terms; to change the provisions relating to qualifications of applicants generally; to require appli cants for licensure as apprentice auctioneers or auctioneers to submit bonds; to provide that bonds shall be payable to the commission.

The Senate Committee on Agriculture offered the following amendment:

Amend SB 198 by adding at the end of line 28 of page 5, following the word "commis sion" and preceding the period, the following:
"and have served as an apprentice auctioneer for at least six months under the supervi sion of a licensed auctioneer in this state".

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

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

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

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen
BCrCC,,looua,llryletiomnnsan Dawkins
Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill
HTHKTouiadrwgdTM gairnd,s Land
McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd
Scott of 2nd
Scoh,coutmt aok,fe36th btarr Stumbaugh
Tate Taylor Timmons Turner Walker

Those not voting were Senators:

Brannon (excused) Coverdell

Johnson Kennedy (presiding)

Langford Tysinger

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

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

SB 204. By Senators Phillips of the 9th, Peevy of the 48th, Edge of the 28th and others:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled substances and mar ijuana, so as to create a new criminal offense of possessing, manufacturing, deliv ering, distributing, dispensing, administering, selling, or possessing a controlled substance or marijuana while on or in proximity to school property or a school bus stop.

The Senate Committee on Special Judiciary offered the following amendment:

Amend SB 204 by striking from lines 19 through 22 of page 2 the following:
"less than one ounce of marijuana, the defendant shall be punished by imprisonment for not less than one year nor more than 15 years and a fine of $2,000.00.",
and inserting in its place the following:
"simple possessions of less than one ounce of marijuana, the defendant shall, upon con viction thereof, be punished by a fine not to exceed $1,000.00 or by imprisonment for not more than one year, or both."

Senator Phillips of the 9th moved that SB 204 be postponed until Monday, February 13.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 204 was post poned until Monday, February 13.

SB 225. By Senators English of the 21st, Kennedy of the 4th and Pollard of the 24th:
A bill to amend Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to the control of infectious or contagious diseases in live stock, so as to provide for the licensing and inspection of rendering and disposal

MONDAY, FEBRUARY 6, 1989

499

plants and collection centers; to provide for definitions; to provide for licensing; to provide for construction and sanitation requirements.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols

Edge English Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead

Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Walker

Those not voting were Senators:

Brannon (excused) Engram Fincher

Kennedy (presiding) Langford Phillips

Ray Shumake Tysinger

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

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

SB 236. By Senators Olmstead of the 26th, Albert of the 23rd, Harris of the 27th and Stumbaugh of the 55th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, so as to require all state departments and agencies to prepare and publish quarterly aging reports of vendor invoices which have not been paid within certain periods of time.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes

Bowen Broun Burton Clay Coleman

Collins Coverdell Dawkins Deal Dean

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Echols Edge English Engram incher
fFG?uaslr.ltneeerrr
Giiiis
Hammill Harris Howard Huggins

Johnson Kidd Land McKenzie Newbill
O_Palmrk, setread
Peevy
Perrv Phillips Pollard Ragan of 10th

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

Those not voting were Senators:

Brannon (excused) Kennedy (presiding)

Langford

Tysinger

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

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

SB 241. By Senators Langford of the 35th, Kidd of the 25th, Walker of the 43rd and Albert of the 23rd:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle parts dealers, so as to extend the existence of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson McKenzie Newbill Olmstead Parker

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

Voting in the negative were Senators Collins and Land.

MONDAY, FEBRUARY 6, 1989

501

Those not voting were Senators:

Brannon (excused) Kennedy (presiding)

Kidd Langford

Shumake Tysinger

On the passage of the bill, the yeas were 48, nays 2.

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

HB 5. By Representative Watson of the 114th:
A bill to amend Code Section 10-1-410 of the Official Code of Georgia Annotated, relating to definitions with respect to the sale of business opportunities, so as to change the definition of the term "business opportunity".
Senate Sponsor: Senator Scott of the 2nd.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen
Burorutonn CCC,, looal,lyleimnsan Coverdell Dawkins Deal
Dean Echols Edge English

Engram Fincher Foster Fuller Garner
GHialmlismi.l,,l HHHTJuoargwrgiasirndjs Johnson Kidd Land
McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of I0th
^Ragan of 32nd SSc,, ccoo,tt,tt oofff,, ,,32,,n6dtj,h Shumake Starr Stumbaugh
Tate Taylor Turner Walker

Those not voting were Senators:

Barnes Brannon (excused)

Kennedy (presiding) Langford

Timmons Tysinger

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

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

HB 7. By Representative Lane of the 27th:
A bill to amend Code Section 31-31-7 of the Official Code of Georgia Annotated, relating to the repeal of the law providing for the State Boxing Commission and the abolition of such commission, so as to change the date for the termination of such commission and for the repeal of such law .

Senate Sponsor: Senator Kidd of the 25th.

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

502

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kidd Land McKenzie Newbill Olmstead

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

Those not voting were Senators:

Brannon (excused) Coleman Howard

Kennedy (presiding) Langford Scott of 2nd

Timmons Tysinger

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

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

HB 15. By Representative Lane of the 27th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal and revoke the provisions relating to the State Boxing Commission and the regulation of professional boxing matches and to create the State Boxing and Wrestling Commission and to regulate professional boxing and professional wrestling.
Senate Sponsor: Senator Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Broun Burton Coleman Dawkins Deal Dean Echols

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins

Johnson Kidd McKenzie Olmstead Parker Peevy Perry Pollard Ragan of 10th Ray Scott of 2nd

MONDAY, FEBRUARY 6, 1989

503

Scott of 36th Shumake Starr

Stumbaugh Tate Taylor

Timmons Turner Walker

Those not voting were Senators:

Albert Bowen Brannon (excused) Clay
Collins

Coverdell Edge Kennedy (presiding) Land Langford

Newbill Phillips Ragan of 32nd Tysinger

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

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

HB 64. By Representative Wall of the 61st:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that a person may be charged with the criminal offense of serious injury by vehicle when such per son does serious bodily injury to another while driving recklessly, eluding an of ficer, or failing to render aid and assistance.
Senate Sponsor: Senator Peevy of the 48th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Muggins Johnson Kidd Land McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of !Qth Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Walker

Those not voting were Senators:

Bowen Brannon (excused)

Howard Kennedy (presiding)

Langford Tysinger

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

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

504

JOURNAL OF THE SENATE

HB 96. By Representative Barnett of the 10th:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to change the provisions relating to compensation of court bailiffs and expense allowances for jurors.
Senate Sponsor: Senator Barnes of the 33rd.

Senator Walker of the 43rd offered the following amendment:

Amend HB 96 by adding on page 1, line 16, after the word "shall", the following: ", subject to approval of the county governing authority,".

On the adoption of the amendment, the yeas were 27, nays 15, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun Burton Clay Coleman Collins Coverdell Dawkins
Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead

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

Those voting in the negative were Senators:

Deal Parker

Peevy

Taylor

Those not voting were Senators:

Bowen Brannon (excused)

Kennedy (presiding) Langford

Tysinger

On the passage of the bill, the yeas were 47, nays 4.

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

Serving as doctor of the day today was Dr. John Gamwell of Atlanta, Georgia.

MONDAY, FEBRUARY 6, 1989

505

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.
At 12:32 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

506

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, February 7, 1989 Nineteenth Legislative Day
The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by Senator Kennedy of the 4th, President Pro Tempore.
Senator 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 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 571. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th: A bill to amend an Act creating a new charter for the City of Gillsville, so as to require the city council to hold an organizational meeting in January following each general municipal election; to change the day of elections; to change the terms of office of the mayor and members of the council.
HB 578. By Representative Ware of the 77th: A bill to amend an Act to create the office of commissioner of Heard County, so as to change the compensation of the commissioner.
HB 579. By Representatives Griffin of the 6th, Foster of the 6th and Poag of the 3rd: A bill to provide for the terms of office and for the election of members of the Board of Education of Whitfield County.
HB 583. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change the name of the Catoosa County Water and Sewer Dis trict to the "Catoosa Utility District".
HB 602. By Representative Murphy of the 18th: A bill to amend an Act creating a new charter for the City of Bremen, so as to change the term of office of the mayor.
HB 257. By Representative Porter of the 119th: A bill to amend Code Section 29-5-6 of the Official Code of Georgia Annotated, relating to procedures for the appointment of a guardian of an incapacitated adult, so as to provide that in cases involving the creation or termination of a guardianship of the property of an adult who owns real property, the judge or clerk of the probate court shall be responsible for filing a certificate with the clerk of the superior court.

TUESDAY, FEBRUARY 7, 1989

507

HB 258. By Representative Porter of the 119th:
A bill to amend Part 1 of Article 2 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to the appointment and qualification of administrators and executors, so as to permit aliens lawfully admitted to the United States for permanent residence to act as executors; to change the circumstances under which nonresident executors and coexecutors shall be required to give bond.
HB 259. By Representative Porter of the 119th:
A bill to amend Article 6 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure in the probate courts of certain counties, so as to expand the jurisdiction of the probate courts of certain counties to include concurrent jurisdiction with the superior courts over the appointment of trustees and the acceptance of a trustee's resignation.
HB 525. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to the assessment of litigation costs and attorneys' fees for frivolous ac tions and defenses, so as to repeal the provisions which repeal such Code section on July 1, 1989.
HB 226. By Representatives Pannell of the 122nd, Cummings of the 17th, Snow of the 1st and Alien of the 127th:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning preservation, pro motion, etc., of historic areas generally, so as to require the Historic Preservation Section of the Department of Natural Resources to establish, maintain, and ex pand a Georgia Register of Historic Places; to provide which properties shall be included in such register.
HB 51. By Representative Rainey of the 135th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from the certificate of need requirements, so as to exempt certain renal dialysis machines, equipment, and operations from the applicability of Chapter 6 of Title 31, relating to certificate of need.
HB 358. By Representatives Bishop of the 94th and Ware of the 77th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," so as to provide that the Commissioner of Insurance, when performing the rule-making duties of Commis sioner of Insurance, shall be subject to the "Georgia Administrative Procedure Act" in addition to other laws.
HB 269. By Representatives Brown of the 88th, Thurmond of the 67th, Randall of the 101st, Holmes of the 28th, Cheeks of the 89th and Bishop of the 94th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds for public works, and Code Section 36-10-4 of the Official Code of Georgia Annotated, relating to bonds of contractors, so as to provide for the acceptances and giving of letters of credit in lieu of certain bonds.

508

JOURNAL OF THE SENATE

HB 430. By Representative Twiggs of the 4th: A bill to amend Chapter 6A of Title 35 of the Official Code of Georgia Anno tated, relating to the Criminal Justice Coordinating Council, so as to change the membership of the council; to provide for initial and regular terms of office.
HB 207. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Jones of the 71st, Abernathy of the 39th and others: A bill to amend Code Section 33-30-4 of the Official Code of Georgia Annotated, relating to required provisions in group accident and sickness policies generally, so as to require group policies of accident and sickness insurance to contain a provision entitling the policyholder to a grace period for the payment of any pre mium except the first premium.
HB 169. By Representatives Redding of the 50th, Powell of the 145th and Harris of the 84th: A bill to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manu facture, distribution, and package sales of distilled spirits, so as to require appli cants for retail dealer licenses to publish notices of intent.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 74. By Representatives Jamieson of the llth and Dover of the llth: A resolution designating the U.S. 441 Business Historic Route.
HR 104. By Representative Heard of the 43rd: A resolution designating the Joel Cowan Parkway.
HR 105. By Representative Heard of the 43rd: A resolution designating the Floy Farr Parkway.
HR 19. By Representative Parham of the 105th: A resolution designating the Thomas Humphrey Highway.
HR 112. By Representatives Groover of the 99th, Walker of the 115th, Lee of the 72nd and Murphy of the 18th: A resolution urging the Georgia Congressional Delegation to oppose the imposi tion of a federal tax on motor fuels, with the revenue generated thereby being used for general budgetary purposes.
HR 192. By Representatives Murphy of the 18th and Lee of the 72nd: A resolution calling a joint session of the House of Representatives and the Sen ate for the purpose of hearing an address from His Excellency, Juan Antonio Samaranch, President, International Olympic Committee.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 281. By Senator Kidd of the 25th: A bill to amend an Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, as amended, so as to repeal certain provisions relating to residency requirements for employees of the city; to

TUESDAY, FEBRUARY 7, 1989

509

change the provisions relating to fines imposed by the judge of the municipal court.
Referred to Committee on Urban and County Affairs.
SB 282. By Senator Garner of the 30th:
A bill to amend Code Section 47-2-223 of the Official Code of Georgia Annotated, relating to retirement benefits for officers, noncommissioned officers, and troop ers of the Uniform Division of the Department of Public Safety and officers and agents of the Georgia Bureau of Investigation, so as to change the provisions relating to the waiver of the mandatory retirement age for certain members of the Uniform Division of the Department of Public Safety.
Referred to Committee on Public Safety.
SB 283. By Senator Timmons of the llth:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide a new retirement system for magistrates of Georgia; to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relat ing to taxable net income under the Georgia income tax law, so as to provide that income received as a benefit under the Magistrates' Retirement System shall not be included in Georgia taxable net income.
Referred to Committee on Retirement.
SB 284. By Senators Perry of the 7th, Turner of the 8th and Echols of the 6th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the taxation of marijuana and con trolled substances; to provide for definitions; to provide for the powers, duties, and authority of the state revenue commissioner with respect to such tax.
Referred to Committee on Banking and Finance.
SB 285. By Senators Scott of the 2nd, Coleman of the 1st and Hammill of the 3rd:
A bill "To amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to provide that there shall be eight Aldermen of the City of Savannah; and for other purposes.", as amended, so as to provide for the election and terms of office of the Mayor and Aldermen of the City of Savannah.
Referred to Committee on Urban and County Affairs.
SB 286. By Senators Scott of the 2nd, Coleman of the 1st and Hammill of the 3rd:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain offi cials; to provide for effective dates of such changes.
Referred to Committee on Urban and County Affairs.
SB 287. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to the conduct of hearings in the juvenile courts generally and the con duct of delinquency proceedings, so as to change the provisions relating to the district attorney or a member of his staff conducting proceedings on behalf of the state; to repeal certain provisions relating to requests.
Referred to Committee on Judiciary.

510

JOURNAL OF THE SENATE

SB 288. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to revise the provisions relating to property which is subject to forfeiture; to revise the provisions relating to practice and procedure in forfeiture cases brought under the "Georgia Controlled Substances Act". Referred to Committee on Judiciary.
SB 289. By Senators Fuller of the 52nd, Peevy of the 48th and Allgood of the 22nd:
A bill to amend Code Section 51-12-1 of the Official Code of Georgia Annotated, relating to admissible evidence of compensation for special damages, so as to pro vide that compensation for special damages actually received by the injured party shall be admissible at trial; to provide that the trier of fact may consider such evidence; to provide that the trier of fact shall not be directed to reduce an award of damages. Referred to Committee on Special Judiciary.
SB 290. By Senators Fuller of the 52nd and Kidd of the 25th:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to certain exceptions to the prohibitions against gambling, so as to pro vide that such prohibitions against gambling shall not apply to certain games or devices; to provide for penalties. Referred to Committee on Governmental Operations.
SB 291. By Senators Fuller of the 52nd, Kidd of the 25th and Barnes of the 33rd:
A bill to amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of billiard rooms, so as to extensively revise said chap ter; to provide for definitions; to repeal a provision relating to the authority of local governing authorities to license and regulate billiard rooms; to provide qual ifications for persons operating billiard rooms. Referred to Committee on Governmental Operations.
SB 292. By Senators Tate of the 38th, Starr of the 44th, Allgood of the 22nd and others:
A bill to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory school attendance of school-age children, so as to change the age of children to which compulsory school attendance shall apply. Referred to Committee on Education.
SB 293. By Senators Tate of the 38th, Fuller of the 52nd, Deal of the 49th and others:
A bill to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to annual contracts for certain school personnel, so as to require that all personnel employed by a local unit of education be issued employment contracts and provide for matters relating thereto; to require job descriptions for each per sonnel classification. Referred to Committee on Education.
SB 294. By Senator Howard of the 42nd:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Anno tated, relating to professional counselors, so as to change the provisions relating to definitions; to change the provisions relating to reciprocity; to change the pro-

TUESDAY, FEBRUARY 7, 1989

511

visions relating to requirements for licensure in professional counseling and so cial work. Referred to Committee on Human Resources.
SB 295. By Senators Newbill of the 56th, Shumake of the 39th, Coverdell of the 40th and others:
A bill to amend an Act incorporating the municipality in Cobb County known as Chattahoochee Plantation, as amended, so as to annex to the corporate limits of said city certain territory within Fulton County; to provide for a referendum. Referred to Committee on Urban and County Affairs.
SR 116. By Senators Parker of the 15th, Scott of the 2nd, Deal of the 49th and others:
A resolution proposing an amendment to Article II, Section II, of the Constitu tion, so as to provide that persons convicted of certain crimes during the term of and relating to their office or appointment shall be ineligible to hold any office or appointment unless those persons are granted certain pardons; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Judiciary.
SR 117. By Senators Gillis of the 20th, Scott of the 2nd, English of the 21st and others:
A resolution creating the Senate Study Committee on Recycling and Land Preservation. Referred to Committee on Natural Resources.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 51. By Representative Rainey of the 135th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from the certificate of need requirements, so as to exempt certain renal dialysis machines, equipment, and operations from the applicability of Chapter 6 of Title 31, relating to certificate of need. Referred to Committee on Human Resources.
HB 169. By Representatives Redding of the 50th, Powell of the 145th and Harris of the 84th:
A bill to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manu facture, distribution, and package sales of distilled spirits, so as to require appli cants for retail dealer licenses to publish notices of intent. Referred to Committee on Consumer Affairs.
HB 207. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Code Section 33-30-4 of the Official Code of Georgia Annotated, relating to required provisions in group accident and sickness policies generally, so as to require group policies of accident and sickness insurance to contain a provision entitling the policyholder to a grace period for the payment of any pre mium except the first premium. Referred to Committee on Insurance.

512

JOURNAL OF THE SENATE

HB 226. By Representatives Pannell of the 122nd, Cummings of the 17th, Snow of the 1st and Alien of the 127th:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning preservation, pro motion, etc., of historic areas generally, so as to require the Historic Preservation Section of the Department of Natural Resources to establish, maintain, and ex pand a Georgia Register of Historic Places; to provide which properties shall be included in such register.
Referred to Committee on Governmental Operations.
HB 257. By Representative Porter of the 119th:
A bill to amend Code Section 29-5-6 of the Official Code of Georgia Annotated, relating to procedures for the appointment of a guardian of an incapacitated adult, so as to provide that in cases involving the creation or termination of a guardianship of the property of an adult who owns real property, the judge or clerk of the probate court shall be responsible for filing a certificate with the clerk of the superior court.
Referred to Committee on Special Judiciary.
HB 258. By Representative Porter of the 119th:
A bill to amend Part 1 of Article 2 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to the appointment and qualification of administrators and executors, so as to permit aliens lawfully admitted to the United States for permanent residence to act as executors; to change the circumstances under which nonresident executors and coexecutors shall be required to give bond.
Referred to Committee on Special Judiciary.
HB 259. By Representative Porter of the 119th:
A bill to amend Article 6 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure in the probate courts of certain counties, so as to expand the jurisdiction of the probate courts of certain counties to include concurrent jurisdiction with the superior courts over the appointment of trustees and the acceptance of a trustee's resignation.
Referred to Committee on Special Judiciary.
HB 269. By Representatives Brown of the 88th, Thurmond of the 67th, Randall of the 101st, Holmes of the 28th, Cheeks of the 89th and Bishop of the 94th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds for public works, and Code Section 36-10-4 of the Official Code of Georgia Annotated, relating to bonds of contractors, so as to provide for the acceptances and giving of letters of credit in lieu of certain bonds.
Referred to Committee on Special Judiciary.
HB 358. By Representatives Bishop of the 94th and Ware of the 77th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," so as to provide that the Commissioner of Insurance, when performing the rule-making duties of Commis sioner of Insurance, shall be subject to the "Georgia Administrative Procedure Act" in addition to other laws.
Referred to Committee on Insurance.

TUESDAY, FEBRUARY 7, 1989

513

HB 430. By Representative Twiggs of the 4th: A bill to amend Chapter 6A of Title 35 of the Official Code of Georgia Anno tated, relating to the Criminal Justice Coordinating Council, so as to change the membership of the council; to provide for initial and regular terms of office.
Referred to Committee on Public Safety.
HB 525. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th: A bill to amend Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to the assessment of litigation costs and attorneys' fees for frivolous ac tions and defenses, so as to repeal the provisions which repeal such Code section on July 1, 1989.
Referred to Committee on Judiciary.
HR 19. By Representative Parham of the 105th: A resolution designating the Thomas Humphrey Highway.
Referred to Committee on Transportation.
HR 74. By Representatives Jamieson of the llth and Dover of the llth: A resolution designating the U.S. 441 Business Historic Route.
Referred to Committee on Transportation.
HR 104. By Representative Heard of the 43rd: A resolution designating the Joel Cowan Parkway.
Referred to Committee on Transportation.
HR 105. By Representative Heard of the 43rd: A resolution designating the Floy Farr Parkway.
Referred to Committee on Transportation.
HB 571. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th: A bill to amend an Act creating a new charter for the City of Gillsville, so as to require the city council to hold an organizational meeting in January following each general municipal election; to change the day of elections; to change the terms of office of the mayor and members of the council.
Referred to Committee on Urban and County Affairs.
HB 578. By Representative Ware of the 77th: A bill to amend an Act to create the office of commissioner of Heard County, so as to change the compensation of the commissioner.
Referred to Committee on Urban and County Affairs.
HB 579. By Representatives Griffin of the 6th, Foster of the 6th and Poag of the 3rd: A bill to provide for the terms of office and for the election of members of the Board of Education of Whitfield County.
Referred to Committee on Urban and County Affairs.

514

JOURNAL OF THE SENATE

HB 583. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change the name of the Catoosa County Water and Sewer Dis trict to the "Catoosa Utility District".
Referred to Committee on Urban and County Affairs.

HB 602. By Representative Murphy of the 18th:
A bill to amend an Act creating a new charter for the City of Bremen, so as to change the term of office of the mayor. Referred to Committee on Urban and County Affairs.

HR 112. By Representatives Groover of the 99th, Walker of the 115th, Lee of the 72nd and Murphy of the 18th:
A resolution urging the Georgia Congressional Delegation to oppose the imposi tion of a federal tax on motor fuels, with the revenue generated thereby being used for general budgetary purposes.
Referred to Committee on Banking and Finance.

The following communication from Senator Langford of the 35th, Chairman of the Sen ate Committee on Consumer Affairs, was received and read by the Secretary:

The State Senate Atlanta, Georgia 30334

February 7, 1989

TO:

Mr. Hamilton McWhorter, Jr.

Secretary of Senate

FROM:

Arthur Langford, Jr. Senator, 35th District

I will be unable to attend the meeting of the Senate Consumer Affairs Committee scheduled for today at 8:30 a.m. in Room 318. Due to my being out of town on official business, I have asked our Vice-Chairman, Frank Albert, to preside in my absence.

I hereby authorize the Vice-Chairman to take up the following bills:

Senate Bill 156 Senate Bill 277 Senate Bill 164

Sincerely,

/&/ Arthur Langford, Chairman, Consumer Affairs Committee

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

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Seriate with the following recommendation:
SB 277. Do pass.
Respectfully submitted,
Senator Albert of the 23rd District, Vice-Chairman

TUESDAY, FEBRUARY 7, 1989

515

Mr. President:
The Committee on Human Resources has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 95. Do pass by substitute. SB 235. Do pass.
Respectfully submitted, Senator Howard of the 42nd District, Chairman
The following communication from Senator Dawkins of the 45th, Chairman of the Sen ate Committee on Industry and Labor, was received and read by the Secretary:
The State Senate Atlanta, Georgia 30334
February 7, 1989 Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
I will be unable to chair the last portion of the Senate Industry and Labor Committee scheduled for today at 8:30 AM, due to a conflict caused by a House Industry Committee meeting I must attend to present SR 8.
I hereby authorize Vice Chairman James Tysinger to conduct the Industry and Labor Committee meeting during my absence and to take up SB 261.
Sincerely, is/ Harrill L. Dawkins, Chairman
Industry and Labor Committee
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Industry and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 261. Do pass.
Respectfully submitted, Senator Tysinger of the 41st District, Vice Chairman
Mr. President:
The Committee on Industry and Labor has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendations:

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SB 264. Do pass. SB 230. Do pass.

Respectfully submitted, Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations:
SB 187. Do pass by substitute. SB 255. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

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

SB 186. Do pass.

HB 106. Do pass.

SB 200. Do pass.

HB 191. Do pass.

HB 19. Do pass.

Respectfully submitted, Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 68. Do pass by substitute. SB 216. Do pass by substitute. SB 207. Do pass.
Respectfully submitted,
Senator Peevy of the 48th District, Chairman

Mr. President:

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

SB 244. Do pass. HB 163. Do pass.

HB 288. Do pass. HB 414. Do pass as amended. Respectfully submitted, Senator Harris of the 27th District, Chairman

TUESDAY, FEBRUARY 7, 1989

517

Mr. President:
The Committee on Urban and County Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 498. Do pass.
Respectfully submitted,
Senator Harris of the 27th District, Chairman
The following bill of the Senate was read the second time:
SB 153. By Senators Barker of the 18th and Newbill of the 56th:
A bill to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of criminal proceedings, so as to provide for the taking of testimony of certain children in criminal proceedings in which a person is charged with a violation of Code Section 16-5-70, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5, or 16-6-5.1; to provide for practices and procedures.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin
Barker Swen B rannon
Bu"on Q Coleman Collins D ea l Echols Edge English Engram

Fincher Foster Fuller
Gillis Hammill Harris
Huggins Johnson Kidd Land McKenzie Newbill Olmstead Parker Peevy

Those not answering were Senators:

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

Barnes Coverdell Dawkins Dean

Garner Howard Kennedy (presiding)

Langford Stumbaugh Walker

Senator Tate of the 38th introduced the chaplain of the day, Reverend Joseph E. Lowery, pastor of Cascade United Methodist Church, Atlanta, Georgia, who offered scripture reading and prayer.

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The following resolutions of the Senate were read and adopted:

SR 118. By Senators Tate of the 38th, Scott of the 36th and Shumake of the 39th: A resolution commending Angela W. Bray.

SR 119. By Senators Taylor of the 12th, Timmons of the llth, McKenzie of the 14th and Bowen of the 13th:
A resolution commending the Albany Chamber of Commerce.

Senator Taylor of the 12th moved that the following bill of the House be withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Spe cial Judiciary:

HB 524. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to change the provisions relat ing to jury lists and the compilations and revision thereof; to change certain pro cedures; to provide for the creation of jury lists and boxes in counties using nonmechanical procedures and in counties using mechanical or electronic procedures.

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 524 was with drawn from the Senate Committee on Judiciary and committed to the Senate Committee on Special Judiciary.

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

SENATE LOCAL CONSENT CALENDAR
Tuesday, February 7, 1989 NINETEENTH LEGISLATIVE DAY
(The name listed with the bill is the Senator whose district is affected by the legislation.)

HB 498 Timmons, llth City of Shellman Randolph County
To amend an Act incorporating the City of Shellman in the County of Ran dolph, so as to change the provisions relating to the election of the mayor and councilmen.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes

Bowen Brannon Broun Burton

Clay Coleman Collins Coverdell

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519

Deal Dean Echols
Engram Fincher Foster Gillis Hammill Harris

Muggins Kidd McKenzie
Olmstead Parker Perry Phillips Pollard Ragan of 10th

Ragan of 32nd Ray Scott of 36th
So.humake ,tarr late Taylor Turner
Tysinger

Those not voting were Senators:

Barker Dawkins English Fuller Garner

Howard Johnson Kennedy (presiding) Land Langford

Peevy Scott of 2nd Stumbaugh Timmons Walker

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

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

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

SENATE CALENDAR
Tuesday, February 7, 1989
NINETEENTH LEGISLATIVE DAY
HB 107 Executive Probate Judges Council--election of 3 members at large (Judy--42nd) HB 108 Magistrates and Chief Magistrate Bonds--approval, filing (Judy--49th) HB 110 Aviation Hall of Fame--create (ED&T-- 18th) HB 113 Terms of Municipal Officers--authority of General Assembly (Gov Op--25th) HB 151 Seed Capital Fund--capital for certain entrepreneurial firms (ED&T--46th) SB 2 Employees Under Merit System--on-call compensation (Substitute) (Amend
ments) (Gov Op--25th) SB 47 Department of Human Resources Employees Under Merit System--supplement
for certain shifts (Gov Op--25th) SB 137 Certificate of Need--certain renovation projects exempt (Substitutes)(Hum
R-- 25th) SB 226 Solid Waste Handling, Disposal--no local government regulation (Substitute)
(Nat R--39th) SB 9 Merit System--define "working test employee" (Substitute) (Gov Op--25th) SB 93 Quality Basic Education--program weights reflect guidance counselor salary
funds (Substitute) (Ed--34th) SB 124 Child Health Services Act--create (C&Y-- 18th) SB 147 Boards of Education--employee sick leave pool (contributions) (Ed--33rd) SB 152 Firemen's Pension Fund--restrict membership, certain service (Ret--4th) SB 160 Superior Court Judges Retirement--spouse benefit coverage (Ret--25th)

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SB 178 Polling Places--compartment reserved for handicapped (Substitute) (Gov Op--32nd)
SB 180 Child Detention--change provisions on place (C&Y--49th) SB 232 Fair Employment Practices Act of 1989 (Gov Op--2nd) SB 240 Local School Systems--grant allotments (Approp--19th) SB 249 Counties--employment benefits for elected county officers (Substitute) (U&CA
G--33rd) HB 42 Peace Officers' Annuity Fund--forms required when payment from fines
(Ret--llth)
HB 43 Peace Officers' Annuity Fund--define "peace officer" (Ret--llth) HB 59 Write-in Ballots--counted at tabulating centers (Gov Op--25th) HB 62 Certain Election Superintendents, Registrars--annual training (Gov Op--25th) HB 63 Deputy Registrars--not required to be county resident (Gov Op--25th) HB 66 Elections, Primaries--correct citations to federal law (Gov Op--25th) HB 72 Voter Card--contain certain information (Gov Op--25th) HB 90 Retirement, Pensions (Title 47)--correct errors, omissions (Amendment)
(Ret--49th) HB 142 Firemen's Pension Fund--not subject to Public Retirement Systems Standards
Law (Ret--45th) HB 143 Firemen's Pension Fund--disability benefits (Ret--45th) HB 157 Estates--determining nursing home patient residence (Substitute) (Judy--27th) HB 271 Churches--increase occupant load (U&CA G--50th) HB 381 Supplementary Appropriations--fiscal year ending 6/30/89 (Approp--44th)

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

HB 108. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Chapter 4 of Title 45 of the Official Code of Georgia Annotated, relating to official bonds, so as to provide that the bonds of the chief magistrates and magistrates shall be approved by the judge of the probate court and re corded and filed by him.
Senate Sponsor: Senator Deal of the 49th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton

Clay Collins Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Hammill Harris Howard Huggins

TUESDAY, FEBRUARY 7, 1989

521

Johnson Kidd Lf"d . MNecwKbeinllzie Olmstead Parker Perry

Phillips Pollard Ragan of 10th ,,Ragan of,. o3n2nd, Rav Scott of 2nd Scott of 36th

Shumake Starr Stumbaugh _Tat. e Tflylor Turner Tysinger

Those not voting were Senators:

Coleman Gillis Kennedy (presiding)

Langford Peevy

Timmons Walker

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

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

HB 110. By Representatives Watson of the 114th, Murphy of the 18th, Walker of the 115th and others:
A bill to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, so as to create the Georgia Aviation Hall of Fame; to provide for a board and its membership; to provide for reimbursement for expenses incurred by members of the board; to provide for personnel, space, equipment, and supplies.
Senate Sponsor: Senator Barker of the 18th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land 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

Those not voting were Senators:

Broun Coleman

Kennedy (presiding) Langford

Walker

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

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

HB 113. By Representatives Royal of the 144th, Greene of the 130th and Balkcom of the 140th:
A bill to amend Section 21-3-64 of the Official Code of Georgia Annotated, relat ing to the authority of the General Assembly by local law to change terms of office of elected municipal officers, so as to provide additional authority for the enactment of such local laws.
Senate Sponsor: Senator Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Collins
Coverdell
Dawkins
Deal
Dean
Echols
Edge
English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins
Johnson
Kidd
Land
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

Those not voting were Senators:

Brannon Coleman

Kennedy (presiding) Langford

Walker

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

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

HB 151. By Representatives Watson of the 114th, Buck of the 95th and Kilgore of the 42nd:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to create the Seed Capital Fund to provide equity and other capital to entrepreneurial firms engaged in innovative work in the areas of technology, manufacturing, marketing, agriculture, or information related ven tures which will increase the state's share of domestic or international markets and enhance economic development in the state.
Senate Sponsor: Senator Broun of the 46th.

TUESDAY, FEBRUARY 7, 1989

523

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Harris Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead Parker

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

Those not voting were Senators:

Brannon Hammill

Kennedy (presiding) Langford

Starr

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

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

The following general bill of the Senate, having been read the third time on February 3 and postponed until February 7, was put upon its passage:

SB 2. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide that employees in the classified service shall be entitled to compensa tion for on-call time; to provide for the rate of compensation; to provide for rules and regulations.

The Senate Committee on Governmental Operations offered the following substitute to SB 2:

A BILL
To be entitled an Act to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide for on-call pay on weekends; to provide for cash payments when the funds are available for such purpose; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated,

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relating to the State Merit System of Personnel Administration, is amended by adding at the end thereof a new Code Section 45-20-16 to read as follows:
"45-20-16. (a) An employee in the classified service who is not exempt from the mini mum wage and maximum hours provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201, et seq.) shall be paid two hours' pay at his regular rate for each eight-hour period that he is required by a state agency to be in on-call time status during the period from 12:01 A.M. on Saturday through 11:59 P.M. on Sunday.
(b) All payments for on-call time shall be made in cash, provided that the director of the Office of Planning and Budget has certified that funds are available for the payments."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th offered the following amendment:

Amend the substitute to SB 2 offered by the Senate Committee on Governmental Oper ations by adding on page 1, at the end of line 20, the following:
"The term 'on-call time' shall not include time waiting for possible weather related emergencies."

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

Senator Gillis of the 20th offered the following amendment:

Amend the substitute on SB 2 offered by the Senate Committee on Governmental Op erations by renumbering "Section 2" as "Section 3" and adding a new Section 2 to read as follows:
"Section 2. For the purposes of this section, 'on-call time' means time during which a state agency requires an employee to be available for recall to duty. Time during which the employee is provided a paging device by the agency is not on-call time."

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

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Bowen
^rannon DPCoa?wl,lumknisns pj ea l Dean English Engram

Fincher Foster Fuller Garner
Gillis Hammill Harrls Howard Huggins Kidd Olmstead

Parker Peevy Pollard Ray
Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Walker

TUESDAY, FEBRUARY 7, 1989

525

Those voting in the negative were Senators:

Baldwin Barnes Burton CCloalyeman
Coverdell
Echols

Edge Johnson Land MNecwKbeinllzie
Perry
Phillips

Ragan of 10th Ragan of 32nd Tavlor ;T,iamy mons
Turner
Tysinger

Not voting were Senators Kennedy (presiding) and Langford.

On the passage of the bill, the yeas were 34, nays 20.

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

Senator Garner of the 30th introduced the Alexander High School Concert Choir, who were commended by SR 114 adopted previously, and the choral director, Nancy Whittenburger, who briefly addressed the Senate.

The following general bill of the Senate, having been read the third time on February 3, and postponed until February 6, was put upon its passage:

SB 47. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide that regular full-time employees in the classified service who are em ployed by the Department of Human Resources in state operated hospitals or by the Department of Corrections in correctional facilities and are assigned to duty on evening or night shifts shall be eligible for a certain supplement.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Brou"
XCDoalwfl.imknisnans jjeai D ean Echols English Engram

Fincher Foster Garner Gillis
HTHTaamrrmu iJll Howard Huggins Kidd Olmstead Parker

Peevy Pollard Ragan of 10th Ray
SScuhcoutmt aokife36th Starr Stumbaugh Tate Timmons Walker

Those voting in the negative were Senators:

Baldwin Barnes Burton

Clay Coverdell Edge

Land McKenzie Newbill

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Perry Phillips

Ragan of 32nd Taylor

Turner Tysinger

Those not voting were Senators:

Bowen Brannon Fuller

Johnson Kennedy (presiding)

Langford Scott of 2nd

On the passage of the bill, the yeas were 34, nays 15.

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

The following general bill of the Senate, having been read the third time on February 3 and postponed until February 6, was read the third time and put upon its passage:

SB 137. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemption from applicability, so as to provide for a new exemption for certain renovation and replacement projects; to provide an effective date.

The Senate Committee on Human Resources offered the following substitute to SB 137:

A BILL
To be entitled an Act to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from Chapter 6 of Title 31, relating to state health plan ning and development, so as to provide for a new exemption for certain renovation and replacement projects; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from Chapter 6 of Title 31, relating to state health planning and development, is amended by striking "and" after the semicolon at the end of paragraph (14) of subsection (a) thereof, striking the period at the end of paragraph (15) of that subsection (a) and in serting in its place "; and", and by adding immediately thereafter a new paragraph to read as follows:
"(16) Capital expenditures, otherwise covered by this chapter, to replace a hospital hav ing a bed capacity of not more than 50 beds if the project does not result in the offering of any new clinical health service, does not result in any increase in bed capacity, and does not result in a redistribution of existing beds."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th offered the following substitute to SB 137:

A BILL
To be entitled an Act to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from Chapter 6 of Title 31, relating to state health plan ning and development, so as to provide for a new exemption for certain renovation and replacement projects; to provide an effective date; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 7, 1989

527

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from Chapter 6 of Title 31, relating to state health planning and development, is amended by striking "and" after the semicolon at the end of paragraph (14) of subsection (a) thereof, striking the period at the end of paragraph (15) of that subsection (a) and in serting in its place "; and", and by adding immediately thereafter a new paragraph to read as follows:
"(16) Capital expenditures, otherwise covered by this chapter, to replace a medicalsurgical hospital having a bed capacity of not more than 50 beds if the project does not result in the offering of any new clinical health service, does not result in any increase in bed capacity, does not result in a redistribution of existing beds among existing clinical health services, and is within a three mile radius of the existing facility in the same county."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute to SB 137 offered by the Senate Committee on Human Resources, the yeas were 2, nays 39, and the substitute was lost.
On the adoption of the substitute to SB 137 offered by Senator Kidd of the 25th, the yeas were 34, nays 1, and the substitute was adopted.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of the substitute and bill would be sus pended and placed on the Senate General Calendar.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 226. By Senator Shumake of the 39th:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste handling and disposal, so as to restrict the authority of certain local government authorities to regulate under certain condi tions the storage, collection, transportation, utilization, processing, and disposal of solid waste.
Senator Shumake of the 39th offered the following substitute to SB 226:
A BILL
To be entitled an Act to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste handling and disposal, so as to restrict the au thority of certain local government authorities to regulate under certain conditions the stor age, collection, transportation, utilization, processing, and disposal of solid waste; to provide for powers and duties of the director of the Environmental Protection Division of the De partment of Natural Resources and the Board of Natural Resources with respect to regulat ing the allowed land area, size, and design of solid waste disposal sites and the duration of the operation of the same; to provide for certain conditions for the issuance of a permit for disposal facilities or disposal sites; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste handling and disposal, is amended by striking subparagraph (A) of

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paragraph (1) of Code Section 12-8-23, relating to certain powers and duties of the Board of Natural Resources, and inserting in lieu thereof a new paragraph (A) to read as follows:
"(A) Rules and regulations governing and controlling the storage, collection, transporta tion, utilization, processing, or disposal of solid waste. These rules and regulations may in clude measures to ensure that solid waste management practices are regulated, governed, and controlled in the public interest. No county of this state having a population of 295,000 or more according to the United States decennial census of 1980 or any future such census nor any municipality, special district, or other local governmental authority located within such county shall be empowered to adopt new regulations or rules which impose undue additional or further conditions, restrictions, or limitations with respect to the storage, re cycling, collection, transportation, utilization, processing, or disposal of solid waste without prior written notification to the director of the Department of Natural Resources;".
Section 2. Said Code Section 12-8-23 is further amended by striking the word "and" at the end of subparagraph (G) of paragraph (1) and by adding a new subparagraph immedi ately following subparagraph (H) of paragraph (1), to be designated as subparagraph (I), to read as follows:
"(I) Rules and regulations establishing the allowed land area, size, and design of a solid waste disposal site and the duration of the operation of any solid waste disposal site. No county having a population of 295,000 or more according to the United States decennial census of 1980 or any future such census nor any municipality, special district, or other local governmental authority located within such county shall be empowered to adopt new or enforce existing ordinances, regulations, or rules which impose additional or further condi tions, restrictions, or limitations with respect to the allowed land area, size, or design of any solid waste disposal site or with respect to the duration of the operation of any solid waste disposal site; and".
Section 3. Said article is further amended by striking subsection (f) of Code Section 122-27, relating to permits for handling solid waste, and inserting in its place a new subsection (f) to read as follows:
"(f) Prior to the issuance of any permit for a disposal facility or disposal site, the direc tor shall require conformation with all local zoning or land use ordinances which are not in conflict with any provision of this article or any rule, regulation, or ruling adopted, made, or promulgated pursuant to this article."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Shumake of the 39th offered the following amendment:
Amend the substitute to SB 226 offered by Senator Shumake of the 39th by striking from line 7 of page 2 the following:
"be empowered to".
By striking from line 12 of page 2 the word "prior".
By striking from line 13 of page 2 the following:
"Resources;",
and inserting in lieu thereof the following:
"Resources within 30 days of the enactment of such new regulations or rules;".
Senator Newbill of the 56th moved that SB 226 be committed to the Senate Committee on Natural Resources.
On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 226 was commit ted to the Senate Committee on Natural Resources.

TUESDAY, FEBRUARY 7, 1989

529

SB 9. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions concerning the merit system generally, so as to change the definition and application of the term "working test employee"; to provide an effective date.

The Senate Committee on Governmental Operations offered the following substitute to SB 9:

A BILL
To be entitled an Act to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions concerning the merit system generally, so as to change the definition and application of the term "working test employee"; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions concerning the merit system generally, is amended by striking paragraph (17) in its entirety and inserting in lieu thereof a new paragraph (17) to read as follows:
"(17) 'Working test employee' or 'employee on working test' means a covered employee serving a working test period in the class of positions in which he is employed; provided, however, that an employee serving a working test period following a promotion in the same department from a lower class in which he held permanent status shall retain permanent status rights in the lower class until he attains permanent status in the class to which he has been promoted; provided, further, that an employee serving a working test period who fails to attain permanent status following an interdepartmental transfer and promotion from a class in which the employee held permanent status shall, at the employee's option:
(A) Return with permanent status to the position and department from which the em ployee transferred, provided the position is vacant; or
(B) Be placed by the department to which the employee transferred in a position in a class in which the employee formerly held permanent status.
If neither of the options is available, the merit system rule on reduction in force shall apply in the department to which the employee transferred."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun

Burton Clay Collins Coverdell Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Fuller

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Garner Gillis Hammi11 "Hoawrriasrd,

Newbill Olmstead Parker PnPeeerrvyy

Ray Scott of 36th Shumake ~TStautme baugh

Kidd Land McKenzie

Pollard Ragan of 10th Ragan of 32nd

Voting in the negative was Senator Tysinger.

Timmons Turner Walker

Those not voting were Senators:

Bowen Coleman

Kennedy (presiding) Langford

Scott of 2nd Starr

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

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

SB 93. By Senators Engram of the 34th, Tate of the 38th and Langford of the 35th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to provide that program weights for the primary and middle grade programs shall reflect suffi cient funds to pay the beginning salaries of guidance counselors; to provide for certain weights to be applied in the Quality Basic Education Formula.

The Senate Committee on Education offered the following substitute to SB 93:

A BILL
To be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to provide that program weights for the primary and middle grade programs shall reflect sufficient funds to pay the beginning salaries of guidance counselors; to provide for funding; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," is amended by striking in its entirety subsec tion (c) of Code Section 20-2-182, relating to program weights reflecting payment of salaries and benefits, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The program weights for the primary and middle grades programs, when multi plied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of specialists qualified to teach art, music, and physical education. The program weights for the kindergarten, primary, and middle grades programs, when multiplied by the base amount, shall also reflect sufficient funds to pay the beginning salaries of guidance counsel ors needed to provide essential guidance services at ratios equal to those provided to high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 202-151, beginning with any program weights recalculated pursuant to Code Section 20-2-161 after January 1, 1989. Funding for counselors for the kindergarten, primary, and middle grades programs may be funded outside of the program weights until such weight changes are effective, subject to appropriation by the General Assembly."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, FEBRUARY 7, 1989

531

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead Parker

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

Those not voting were Senators:

Coleman Coverdell

Kennedy (presiding) Langford

Scott of 36th

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

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

SB 124. By Senators Barker of the 18th, Kidd of the 25th and Stumbaugh of the 55th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to create the "Child Health Services Act"; to provide that all accident and sickness insurance benefit plans, policies, or con tracts providing coverage on an expense incurred basis shall also provide that the accident and sickness benefits applicable for children include coverage for child health supervision services from the moment of birth to age five years.

Senator Taylor of the 12th offered the following amendment:

Amend SB 124 by inserting on line 5 of page 1 between the words "providing" and "coverage" the following:
"major medical insurance".
By striking from lines 5 and 6 of page 1 the following: "on an expense incurred basis".
By striking from line 8 of page 1 the word "provide" and inserting in its place the following:
"make available optional coverage that provides".

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By striking lines 27 through 34 of page 2, which reads as follows:
"(c) All accident and sickness insurance benefit plans, policies, or contracts providing coverage on an expense incurred basis which provide coverage for a member of a family of the insured or subscriber shall, as to such family member's coverage, also provide that the accident and sickness benefits applicable for children include coverage for child health su pervision services from the moment of birth to age five years.",
and inserting in lieu thereof the following:
"(c) All accident and sickness insurance benefit plans, policies, or contracts providing major medical insurance coverage which provide coverage for a member of a family of the insured or subscriber shall, as to such family member's coverage, be required to make avail able, either as part of or as an optional endorsement to all such plans, policies, or contracts, coverage that provides that the accident and sickness benefits applicable for children shall include coverage for child health supervision services from the moment of birth to age five years."

On the adoption of the amendment, Senator Taylor of the 12th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barnes Bowen Brannon Broun Clay Coleman Collins Dawkins Deal Dean Echols Edge

English Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Land McKenzie Newbill

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

Those voting in the negative were Senators:

Albert Allgood Barker Burton

Engram Howard Kidd Parker

Pollard Shumake Stumbaugh

Those not voting were Senators:

Coverdell Kennedy (presiding)

Langford Olmstead

Scott of 36th Walker

On the adoption of the amendment, the yeas were 39, nays 11, and the amendment was adopted.

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

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

TUESDAY, FEBRUARY 7, 1989

533

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton
Clay Coleman Collins Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead Parker

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

Voting in the negative was Senator Shumake.

Those not voting were Senators:

Coverdell Harris

Kennedy (presiding) Langford

Scott of 36th

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

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

The President assumed the Chair.

SB 147. By Senator Barnes of the 33rd:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to authorize local boards of education to establish sick leave banks or pools of voluntarily contrib uted employee sick leave days; to provide for contributions; to provide for the use of such days; to provide for practices, procedures, and requirements relative to the foregoing.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman

Collins Dawkins Deal Dean Echols Edge English Engram Fincher Foster Fuller

Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie

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Newbill Olmstead
PPpeaeervkyer Phillips Pollard

Ragan of 10th Ragan of 32nd
Ray Shumake Starr Stumbaugh

Tate Taylor
Timmons Turner Tysinger Walker

Those not voting were Senators:

Coverdell Langford

Scott of 2nd

Scott of 36th

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

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

SB 152. By Senators Kennedy of the 4th, Coleman of the 1st and Ray of the 19th:
A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to restrict membership and creditable service based on employment or services for which membership and credit are sought under the Peace Officers' Annuity and Benefit Fund; to change the provisions relating to leaves of absence and withdrawals from the fund.

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

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Joseph E. Kennedy

State Senator

FROM:

G.W. Hogan, State Auditor

DATE:

January 13, 1989

SUBJECT: Senate Bill 152 (LC 7 7151ER) Georgia Firemen's Pension Fund

This Bill would restrict (after April 1, 1989) persons who qualify for membership in the Peace Officers' Annuity and Benefit Fund from obtaining membership and creditable ser vice under the Georgia Firemen's Pension Fund. The Bill would also revise provisions relat ing to leaves of absence, disability benefits, and withdrawals from the Georgia Firemen's Pension Fund. If enacted, this Bill would become effective upon the Governor's approval or upon its becoming law without such approval.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.

/s/ G.W. Hogan State Auditor

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

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

TUESDAY, FEBRUARY 7, 1989

535

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge English Engram

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 Shumake Starr Stumbaugh Tate Taylor Timmons Turner
Tysinger Walker

Those not voting were Senators:

Albert Bowen Coleman

Coverdell Fincher Langford

Ragan of 10th Scott of 36th

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

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

SB 160. By Senator Kidd of the 25th:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relating to spouses benefits coverage; to provide that when a member is divorced from the member's spouse, the member's spouse may seek a qualified domestic relations order to attach the member's retirement bene fits and spouses benefits.

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

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G.W. Hogan, State Auditor

DATE:

January 26, 1989

SUBJECT: Senate Bill 160 (LC 10 8305) Superior Court Judges Retirement System

This Bill would allow alternate payees to receive benefits payable under the Superior Court Judges Retirement System (through the use of a "qualified domestic relations order", as defined in the Bill) upon the divorce of a member of the retirement system. The domestic relations order would be required to relate to child support, alimony payments, or marital

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property rights to the alternate payee (spouse, former spouse, child, or dependent) in accordance with a state domestic relations law. Other provisions addressing the require ments and limitations of the domestic relations order and applicability of retirement rights and benefits to such orders are also provided for in the Bill. If enacted, this Bill would become effective upon the Governor's approval or upon becoming law without such approval.
This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.
/s/ G.W. Hogan State Auditor

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen Brannon Broun Burton
Clay Coleman Collins Dawkins Deal Dean Echols Edge English
Fincher

Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Parker Peevy

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

Those not voting were Senators:

Albert Barker

Coverdell Engram

Langford Scott of 36th

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

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

SB 178. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and Barnes of the 33rd:
A bill to amend Code Section 21-2-267 of the Official Code of Georgia Annotated, relating to the arrangement and storage of equipment at polling places in general elections and primaries, so as to require that a designated voting compartment or booth be reserved for handicapped voters in precincts of a certain size.

TUESDAY, FEBRUARY 7, 1989

537

The Senate Committee on Governmental Operations offered the following substitute to SB 178:

A BILL
To be entitled an Act to amend Part 1 of Article 11 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding the preparation for and conduct of primaries and elections, so as to provide that in certain precincts, certain electors who are 65 years of age or older or who are handicapped and require voting assistance shall be au thorized to vote without having to wait in line; to provide for conditions and procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 11 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding the preparation for and conduct of primaries and elections, is amended by adding a new Code section immediately following Code Section 212-409, to be designated Code Section 21-2-409.1, to read as follows:
"21-2-409.1. In each precinct which contains more than 2,000 electors, each elector who is 65 years of age or older or who is handicapped and requires assistance in voting as author ized by Code Section 21-2-409, shall, upon request to a poll officer, be authorized at any primary or election to vote immediately at the next available voting compartment or booth without having to wait in line."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin
Barker Bowen Brannon

Foster Fuller
Gillis Hammill Harris Howard

Clay CCoollleimnsan
Dawkins Deal Dean Echols Edge English

Johnson KKiedndnedy
Land McKenzie Newbill Olmstead Peevy Perry

Phillips Pollard Ragan of 10th Ragan Of 32nd Hav Scott of 2nd
Q Shumake *Sttaurmr b, augh,
^ ate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Barnes Coverdell

Engram Fincher Garner

Langford Parker Scott of 36th

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

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

SB 180. By Senators Deal of the 49th and Barker of the 18th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relat ing to the place of detention of a child; to provide for limitations thereon; to provide for transfers; to provide for notices, practices, and procedures; to provide for time limits; to provide for definitions; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker
Barnes Bowen
Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English

Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Peevy

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

Those not voting were Senators:

Albert Coverdell Engram

Howard Langford

Parker Scott of 36th

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

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

SB 240. By Senators Ray of the 19th, Kennedy of the 4th, Timmons of the llth and others:
A bill to amend Part 1 of Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants to local school systems for relief of local taxpayers, so as to repeal a provision defining "average daily attendance"; to change the provisions relating to the allotment of grants.

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

TUESDAY, FEBRUARY 7, 1989

539

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bowen Brannon a/0"" urton C.-, ol^h. ns Dawkins
Dean Echols Edge English Engram Fincher

Foster Fuller Garner Gillis
Hammill Harris Howard HT u,g66gins Johnson Kennedy Kidd Land McKenzie
Newbill Olmstead Peevy

Perry Phillips Pollard Ragan of 10th
Ragan of 32nd Ray Scott of 2nd Sch, umake Starr Stumbaugh Tate Taylor Timmons
Turner Tysinger Walker

Those not voting were Senators:

Albert Barnes Coleman

Coverdell Langford

Parker Scott of 36th

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

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

SB 249. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, so as to authorize the governing authority of any county to provide, and to expend county funds for the provision of, health insur ance, life insurance, disability insurance, liability insurance, retirement and pen sion coverage, and other similar or related employment benefits for elected county officers and the personnel thereof.

The Senate Committee on Urban and County Affairs offered the following substitute to SB 249:

A BILL
To be entitled an Act to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, so as to authorize the governing authority of any county to provide, and to expend county funds for the provision of, health insurance, life insurance, disability insurance, liability insurance, retirement and pension coverage, and other similar or related employment benefits for elected county officers and the personnel thereof, as well as the dependents and beneficiaries of such officers and personnel; to vali date and confirm any prior expenditure of county funds for such purposes and to provide for immunity from liability in connection with any such prior provision of benefits; to pro vide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA;
Section 1. Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to

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counties in general, is amended by adding after Code Section 36-1-11 a new Code Section 36-1-11.1 to read as follows:
"36-1-11.1. Any prior expenditure of county funds in the manner authorized by this Code section is validated and confirmed; and no person shall be liable in any respect by reason of his or her participation in any prior provision of the benefits authorized by this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Barnes of the 33rd offered the following substitute to SB 249:
A BILL
To be entitled an Act to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, so as to authorize the governing authority of any county to provide, and to expend county funds for the provision of, health insurance, life insurance, disability insurance, liability insurance, retirement and pension coverage, and other similar or related employment benefits for elected county officers and the personnel thereof, as well as the dependents and beneficiaries of such officers and personnel; to vali date and confirm any prior expenditure of county funds for such purposes and to provide for immunity from liability in connection with any such prior provision of benefits; to pro vide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, is amended by adding after Code Section 36-1-11 a new Code Section 36-1-11.1 to read as follows:
"36-1-11.1. (a) The governing authority of any county is authorized to provide, and to expend county funds for the provision of, group health, life, disability, and liability insur ance, retirement or pension coverage, social security and employment security coverage, and other similar or related employment benefits for members of the county governing authority and for elected county officers and the personnel thereof, as well as the dependents and beneficiaries of such officers and personnel.
(b) Any prior expenditure of county funds in the manner authorized by this Code sec tion is validated and confirmed; and no person shall be liable in any respect by reason of his or her participation in any prior provision of the benefits authorized by this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute to SB 249 offered by the Senate Committee on Urban and County Affairs, the yeas were 2, nays 34, and the substitute was lost.
On the adoption of the substitute to SB 249 offered by Senator Barnes of the 33rd, the yeas were 38, nays 0, and the substitute was adopted.
The President announced that, pursuant to Senate Rule 143, consideration of the sub stitute and bill would be suspended and placed on the Senate General Calendar.
HB 42. By Representative Buck of the 95th:
A bill to amend Code Section 47-17-60 of the Official Code of Georgia Annotated, relating to payments to the Peace Officers' Annuity and Benefit Fund from fines collected and bonds forfeited and collected in criminal and quasi-criminal cases, so as to provide for the filing of certain forms in connection with payments to the fund.
Senate Sponsor: Senator Timmons of the llth.

TUESDAY, FEBRUARY 7, 1989

541

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bowen Brannon B roun B.urton Clay Coleman Collins
Dawkins Deal Dean
Echols Edge English

Engram Fincher Foster Fuller Gillis " arris ?u, ggms Johnson Kennedy Kidd
Land McKenzie Newbill
Olmstead Peevy Perry

Those not voting were Senators:

Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake ,, ^tarr , Stumbaugh
Tate Taylor Timmons
Turner Tysinger Walker

Albert Barnes Coverdell

Garner Hammill Howard

Langford Parker Scott of 36th

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

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

HB 43. By Representative Buck of the 95th:
A bill to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions applicable to the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to the definition of "peace officer".
Senate Sponsor: Senator Timmons of the llth.

Senator Timmons of the llth moved that HB 43 be committed to the Senate Commit tee on Retirement.

On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 43 was commit ted to the Senate Committee on Retirement.

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

At 12:33 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Wednesday, February 8, 1989 Twentieth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by Senator Kennedy of the 4th, President Pro Tempore.
Senator 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 message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 303. By Representative Colbert of the 23rd: A bill to amend an Act establishing a Municipal Court of the City of Atlanta, so as to revise certain costs and service fees charged by the clerk and marshal of said court.
HB 411. By Representative Colbert of the 23rd: A bill to amend an Act consolidating, creating, revising, and superseding the sev eral Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, so as to change the maximum fine which may be imposed by the judge of the municipal court.
HB 609. By Representatives Bargeron of the 108th and Ricketson of the 82nd: A bill to amend an Act removing the tax commissioner of Jefferson County from the fee system of compensation and placing him on the salary system of compen sation, so as to change the provisions relating to the compensation of the tax commissioner.
HB 610. By Representatives Bargeron of the 108th and Ricketson of the 82nd: A bill to amend an Act to make provisions for the Magistrate Court of Jefferson County, so as to change the method of selection of the chief magistrate and other magistrates.
HB 615. By Representative Rainey of the 135th: A bill to amend an Act reincorporating the City of Cordele and providing a new charter for said city, so as to change the provisions relating to the election and terms of office of the members of the City Commission; to revise completely the provisions relating to the court of said city and to provide for a municipal court.
HB 621. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th: A bill to amend an Act creating the board of commissioners of Lowndes County, so as to change the provisions relating to the compensation of the members of the board.

WEDNESDAY FEBRUARY 8, 1989

543

HB 221. By Representative Redding of the 50th:
A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to require each mem ber of the State Board of Education to hold annual public hearings within the member's respective congressional district to hear testimony from citizens and educators within the congressional district regarding the performance and problems of public education within the district.
HB 229. By Representatives Thomas of the 31st, Pannell of the 122nd, Oliver of the 53rd, Stanley of the 33rd, Orrock of the 30th and others:
A bill to amend Code Section 24-2-3 of the Official Code of Georgia Annotated, relating to the admissibility of certain evidence in a prosecution for rape, so as to change the exceptions to the inadmissibility of certain evidence in a prosecution for rape.
HB 240. By Representatives Crosby of the 150th, Coleman of the 118th, Walker of the 115th, McDonald of the 12th, Johnson of the 123rd and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to provide for a job tax credit for certain business enterprises in certain coun ties which have been designated by the Department of Community Affairs and certified by the state revenue commissioner as less developed areas.
HB 30. By Representative Alien of the 127th:
A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, prohibiting trafficking in certain controlled substances and marijuana, so as to change the provisions relating to penalties.
HB 351. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain qualifying petitions, nomination petitions, and petitions to qualify political bodies to nominate certain candidates by con vention shall consist of cards each of which shall contain only one signature.
HB 407. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 20 of the Official Code of Georgia Annotated, relating to education, Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that candidates for certain offices shall file certain affidavits with or make certain affirmations to the officer before whom they qualified to seek office.
HB 408. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require certain write-in candidates to file a copy of the pub lished notice of intent of candidacy with certain election officials; to require cer tain municipal write-in candidates to file a copy of the published notice of intent of candidacy with certain municipal officials.

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HB 443. By Representative Porter of the 119th:
A bill to amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to general powers and jurisdiction of probate and municipal court, so as to provide jurisdiction to probate and municipal courts to try traffic offenses under state law in any county which has a city, county, or state court.
HB 104. By Representatives Redding of the 50th, Holmes of the 28th, McKinney of the 35th, White of the 132nd and Brooks of the 34th:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the State Merit System of Personnel Admin istration, so as to provide that the working test period of employment shall not apply to an interdepartmental transfer.
HB 291. By Representatives Bishop of the 94th, Thurmond of the 67th, Randall of the 101st, Abernathy of the 39th and Benn of the 38th:
A bill to amend Code Section 45-20-6 of the Official Code of Georgia Annotated, relating to the composition of classified and unclassified service in the state merit system, so as to provide for management review of employees serving in a work ing test period of employment; to provide that such management review shall not be interpreted as granting any additional rights to a working test employee.
SB 168. By Senator McKenzie of the 14th:
A bill to provide a new charter for the City of Ideal; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacan cies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations.
SB 122. By Senators Bowen of the 13th, Timmons of the llth, Parker of the 15th and others:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to require newly ap pointed chiefs of police and heads of law enforcement units to attend a law en forcement chief executive training class; to provide for funding.
SB 116. By Senators Deal of the 49th and English of the 21st:
A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide for inspection war rants and the practices, procedures, and requirements connected with the issu ance, execution, and return thereof; to provide for notices; to provide for applica tions; to provide for time limits.
SB 117. By Senators Deal of the 49th and English of the 21st:
A bill to amend Article 3 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Meat Inspection Act," so as to provide for the inspection of certain facilities and establishments; to provide for the inspection of certain carcasses, parts thereof, meat, meat food products, containers, and packaging; to provide for additional powers of the Commissioner of Agriculture and his delegate.

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The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 98. By Representative Mobley of the 64th: A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to grant to the City of Winder an easement upon and under certain real property owned by the State of Georgia and located in Barrow County, Georgia, for the construction, operation, maintenance, repair, replace ment, and improvement of certain water service facilities.
HR 165. By Representative Dover of the llth: A resolution authorizing the conveyance of certain state owned real property lo cated in White County, Georgia.
HR 99. By Representative Langford of the 7th: A resolution authorizing the conveyance of certain state owned real property lo cated in Gordon County, Georgia, to the City of Calhoun.
HR 101. By Representative Langford of the 7th: A resolution authorizing the conveyance of certain state owned real property lo cated in Gordon County, Georgia, to the City of Calhoun.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 71. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for additional penalties for the distribution or the possession with the intent to distribute certain dangerous drugs.
HB 531. By Representatives Patten of the 149th, Reaves of the 147th and Beck of the 148th: A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the gopher tortoise as the official state reptile.
HB 474. By Representatives Dover of the llth, Twiggs of the 4th, Crosby of the 150th, Royal of the 144th, Barnett of the 10th and others: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible personal prop erty and on certain services.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 229. By Representative Watts of the 41st: A resolution designating the week of December 1 through 7, 1989, as Public School Cafeteria Workers Week in Georgia.

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The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 52. By Senator Howard of the 42nd: A bill to amend Code Section 16-9-55 of the Official Code of Georgia Annotated, relating to fraudulently obtaining or attempting to obtain public housing or a reduction in public housing rent, so as to change the definition of "public hous ing"; to provide an effective date.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 296. By Senator Kidd of the 25th: A bill to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for construction of public works, so as to provide that con tracts for construction of public works financed from public funds or constructed on public property shall be subject to certain restrictions.
Referred to Committee on Governmental Operations.
SB 297. By Senator Allgood of the 22nd: A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records for which public disclosure is not required, so as to provide that public disclosure is not required for certain records relating to the provision of staff services to individual members of the General Assembly by cer tain offices.
Referred to Committee on Governmental Operations.
SB 298. By Senator Kidd of the 25th: A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning probate courts, so as to change the provisions relating to the assumption of duties by the chief clerk at the time of a vacancy in the office of the probate judge; to change the provisions relating to filling of vacancies in the offices of certain probate judges.
Referred to Committee on Governmental Operations.
SB 299. By Senator Dawkins of the 45th: A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to repeal in its entirety Article 1 of said chapter which requires that publications of the executive branch of gov ernment indicate certain information on the cover of the publication; to provide for related matters; to provide an effective date.
Referred to Committee on Industry and Labor.
SB 300. By Senators Phillips of the 9th and Tysinger of the 41st: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rates, underwriting rules, and related organizations, so as to provide for purpose and construction; to authorize certain activities by rating or advisory organizations.
Referred to Committee on Industry and Labor.
SB 301. By Senator Peevy of the 48th: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the comprehensive regulation and

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licensure of chimney sweeps; to provide for definitions; to create the State Board of Chimney Sweeps; to provide for the powers, duties, and authority of such board; to provide for members, qualifications, and terms of office. Referred to Committee on Governmental Operations.
SB 302. By Senator Engram of the 34th:
A bill to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, as amended, so as to provide for the nonpartisan election of the Fulton County superintendent of schools; to provide for a term of office of such position. Referred to Committee on Urban and County Affairs.
SB 303. By Senators Albert of the 23rd, Barker of the 18th, Olmstead of the 26th and others:
A bill to amend Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to the prosecution of traffic ofTenses, so as to decriminalize certain traffic violations; to define certain terms; to provide for the applicability of certain laws; to provide for the issuance of citations for noncriminal traffic infractions. Referred to Committee on Judiciary.
SB 304. By Senator Land of the 16th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for limited moped driving permits and the requirements for and use of such permits; to provide for applications; to provide for fees; to provide for requirements concerning the operation of mopeds by persons with limited moped driving permits. Referred to Committee on Public Safety.
SB 305. By Senators Kidd of the 25th, Walker of the 43rd, Scott of the 2nd and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensing and regulation of interior designers; to provide for declaration of purpose; to define certain terms; to establish the Georgia State Board of Registered Interior Designers and provide for its membership, powers, duties and compensation. Referred to Committee on Industry and Labor.
SR 120. By Senator Starr of the 44th:
A resolution authorizing the conveyance of certain state owned real property lo cated in the City of Jonesboro, Clayton County, Georgia, to Clayton County and the acceptance of certain real property owned by Clayton County in considera tion therefor; to provide an effective date. Referred to Committee on Public Utilities.
SR 121. By Senator Phillips of the 9th:
A resolution proposing an amendment to the Constitution so as to provide that certain bonds and other obligations to finance and provide public facilities for counties, municipalities, or other political subdivisions of the state shall consti tute debt of those political subdivisions and be required to be approved by the voters of those political subdivisions and subject to certain limitations; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Appropriations.

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SR 122. By Senators Tate of the 38th and Scott of the 36th:
A resolution proposing an amendment to the Constitution to authorize any mu nicipality of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census which has an independent school system to incur an additional $8 million per annum in bonded indebtedness for school purposes without the necessity of a referendum. Referred to Committee on Appropriations.
SR 123. By Senators Barker of the 18th, Harris of the 27th and Olmstead of the 26th:
A resolution urging the Board of Regents of the University System of Georgia to convert Macon College into a four-year college. Referred to Committee on Higher Education.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 30. By Representative Alien of the 127th:
A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, prohibiting trafficking in certain controlled substances and marijuana, so as to change the provisions relating to penalties. Referred to Committee on Judiciary.
HB 71. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for additional penalties for the distribution or the possession with the intent to distribute certain dangerous drugs. Referred to Committee on Judiciary.
HB 104. By Representatives Redding of the 50th, Holmes of the 28th, Brooks of the 34th and White of the 132nd:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the State Merit System of Personnel Admin istration, so as to provide that the working test period of employment shall not apply to an interdepartmental transfer. Referred to Committee on Governmental Operations.
HB 221. By Representative Redding of the 50th:
A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to require each mem ber of the State Board of Education to hold annual public hearings within the member's respective congressional district to hear testimony from citizens and educators within the congressional district regarding the performance and problems of public education within the district. Referred to Committee on Education.
HB 229. By Representatives Thomas of the 31st, Pannell of the 122nd, Oliver of the 53rd and others:
A bill to amend Code Section 24-2-3 of the Official Code of Georgia Annotated, relating to the admissibility of certain evidence in a prosecution for rape, so as to

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change the exceptions to the inadmissibility of certain evidence in a prosecution for rape.
Referred to Committee on Judiciary.
HB 240. By Representatives Crosby of the 150th, Coleman of the 118th, Walker of the 115th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to provide for a job tax credit for certain business enterprises in certain coun ties which have been designated by the Department of Community Affairs and certified by the state revenue commissioner as less developed areas. Referred to Committee on Banking and Finance.
HB 291. By Representatives Bishop of the 94th, Thurmond of the 67th, Randall of the 101st, Abernathy of the 39th and Benn of the 38th:
A bill to amend Code Section 45-20-6 of the Official Code of Georgia Annotated, relating to the composition of classified and unclassified service in the state merit system, so as to provide for management review of employees serving in a work ing test period of employment; to provide that such management review shall not be interpreted as granting any additional rights to a working test employee. Referred to Committee on Governmental Operations.
HB 351. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain qualifying petitions, nomination petitions, and petitions to qualify political bodies to nominate certain candidates by con vention shall consist of cards each of which shall contain only one signature. Referred to Committee on Governmental Operations.
HB 407. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 20 of the Official Code of Georgia Annotated, relating to education, Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that candidates for certain offices shall file certain affidavits with or make certain affirmations to the officer before whom they qualified to seek office. Referred to Committee on Governmental Operations.
HB 408. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require certain write-in candidates to file a copy of the pub lished notice of intent of candidacy with certain election officials; to require cer tain municipal write-in candidates to file a copy of the published notice of intent of candidacy with certain municipal officials. Referred to Committee on Governmental Operations.
HB 443. By Representative Porter of the 119th:
A bill to amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to general powers and jurisdiction of probate and municipal court, so as

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to provide jurisdiction to probate and municipal courts to try traffic offenses under state law in any county which has a city, county, or state court. Referred to Committee on Judiciary.
HB 474. By Representatives Dover of the llth, Twiggs of the 4th, Crosby of the 150th and others: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible personal prop erty and on certain services.
Referred to Committee on Banking and Finance.
HB 531. By Representatives Patten of the 149th, Reaves of the 147th and Beck of the 148th: A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the gopher tortoise as the official state reptile.
Referred to Committee on Natural Resources.
HR 98. By Representative Mobley of the 64th: A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to grant to the City of Winder an easement upon and under certain real property owned by the State of Georgia and located in Barrow County, Georgia, for the construction, operation, maintenance, repair, replace ment, and improvement of certain water service facilities.
Referred to Committee on Public Utilities.
HR 99. By Representative Langford of the 7th: A resolution authorizing the conveyance of certain state owned real property lo cated in Gordon County, Georgia, to the City of Calhoun.
Referred to Committee on Public Utilities.
HR 101. By Representative Langford of the 7th: A resolution authorizing the conveyance of certain state owned real property lo cated in Gordon County, Georgia, to the City of Calhoun.
Referred to Committee on Public Utilities.
HR 165. By Representative Dover of the llth: A resolution authorizing the conveyance of certain state owned real property lo cated in White County, Georgia.
Referred to Committee on Public Utilities.
HB 303. By Representative Colbert of the 23rd: A bill to amend an Act establishing a Municipal Court of the City of Atlanta, so as to revise certain costs and service fees charged by the clerk and marshal of said court.
Referred to Committee on Urban and County Affairs.
HB 411. By Representative Colbert of the 23rd: A bill to amend an Act consolidating, creating, revising, and superseding the sev eral Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton

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and creating a new charter for said city, so as to change the maximum fine which may be imposed by the judge of the municipal court. Referred to Committee on Urban and County Affairs.
HB 609. By Representatives Bargeron of the 108th and Ricketson of the 82nd: A bill to amend an Act removing the tax commissioner of Jefferson County from the fee system of compensation and placing him on the salary system of compen sation, so as to change the provisions relating to the compensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.
HB 610. By Representatives Bargeron of the 108th and Ricketson of the 82nd: A bill to amend an Act to make provisions for the Magistrate Court of Jefferson County, so as to change the method of selection of the chief magistrate and other magistrates.
Referred to Committee on Urban and County Affairs.
HB 615. By Representative Rainey of the 135th: A bill to amend an Act reincorporating the City of Cordele and providing a new charter for said city, so as to change the provisions relating to the election and terms of office of the members of the City Commission; to revise completely the provisions relating to the court of said city and to provide for a municipal court.
Referred to Committee on Urban and County Affairs.
HB 621. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th: A bill to amend an Act creating the board of commissioners of Lowndes County, so as to change the provisions relating to the compensation of the members of the board.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Agriculture has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 276. Do pass as amended.
Respectfully submitted,
Senator English of the 21st District, Chairman
Mr President:
The Committee on Banking and Finance has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 45. Do pass. HB 315. Do pass.

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HB 316. Do pass.

Respectfully submitted, Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 228. Do pass by substitute.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

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

SB 252. SR 96. HB 234. HB 254.

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

HB 346. HB 350. HB 401. HB 405.

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

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Higher Education has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 161. Do pass.
Respectfully submitted,
Senator Fincher of the 54th District, Chairman

Mr. President:

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

SB 125. Do pass by substitute.

HB 181. Do pass.

SB 233. Do pass.

HB 183. Do pass.

SR 60. Do pass. HB 176. Do pass.

HB 205. Do pass. HB 206. Do pass.

Respectfully submitted,

Senator Stumbaugh of the 55th District, Chairman

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553

Mr. President:

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

SB 193. Do pass.

HB 56. Do not pass.

SB 203. Do pass.

HB 134. Do pass.

SB 272. Do pass.

HB 155. Do pass.

HB 49. Do pass.

HB 264. Do pass.

HB 50. Do pass.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

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

SR 95. Do pass.

HR 66. Do pass.

HB 301. Do pass by substitute.

HR 110. Do pass.

HB 538. Do pass as amended.

Respectfully submitted,

Senator Coleman of the 1st District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 130. Do pass as amended.
Respectfully submitted,
Senator Coleman of the 1st District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 512. Do pass. HB 551. Do pass.
Respectfully submitted,
Senator Harris of the 27th District, Chairman

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

SB 68. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the mandatory one-year sus pension of driver's licenses or permits of juveniles found to have committed cer-

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tain delinquent acts; to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for the mandatory one-year suspension of driver's licenses.
SB 95. By Senator Engram of the 34th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to change certain provisions relating to smoking in public places; to provide for legislative intent; to provide for definitions; to prohibit smoking in state funded public places or certain public meetings except in desig nated smoking areas.
SB 186. By Senators Johnson of the 47th, Albert of the 23rd, Olmstead of the 26th and Phillips of the 9th:
A bill to amend Part 10 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous liens, so as to provide that a payee shall have a lien on merchandise when a bad check is used to purchase merchandise or services rendered on merchandise; to define the term "bad check"; to provide for the priority and perfection of such a lien.
SB 187. By Senators Johnson of the 47th, Albert of the 23rd, Dawkins of the 45th and others:
A bill to amend Code Section 11-3-508 of the Official Code of Georgia Annotated, relating to notice of dishonor under the "Uniform Commercial Code--Commer cial Paper" article, so as to provide that upon request of any party to an instru ment, the drawee shall provide an affidavit giving the specific reason for dishonor.
SB 200. By Senators Starr of the 44th, Deal of the 49th and Collins of the 17th:
A bill to amend Code Section 40-5-121 of the Official Code of Georgia Annotated, relating to driving a motor vehicle while license suspended or revoked, and Code Section 40-6-390, relating to the serious offense of reckless driving, so as to change the periods of incarceration and the amounts of fines which may be im posed for violations of said Code sections.
SB 207. By Senators Fuller of the 52nd, Peevy of the 48th, Dawkins of the 45th and Edge of the 28th:
A bill to amend Code Section 29-4-2 of the Official Code of Georgia Annotated, relating to natural guardians of minor children, so as to provide that where a personal injury action is brought by a minor child through a natural guardian as next friend, and where the injuries are not permanent in nature, the trial judge may authorize such natural guardian to compromise such claim and to receive sums paid pursuant to a compromise of judgement without filing a bond.
SB 216. By Senators Dawkins of the 45th, Starr of the 44th and Kennedy of the 4th:
A bill to amend Article 1 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to competency of witnesses to testify, so as to redefine what persons are competent and compellable to testify in the courts and tribunals of this state and provide for determinations of credibility; to repeal specifically Code Section 24-9-5, relating to competency of persons without use of reason.

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SB 230. By Senators Coleman of the 1st, Dean of the 31st, Allgood of the 22nd and others:
A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, so as to define certain terms; to change certain provisions relating to examinations; to change parameters of what constitutes the practice of architecture.
SB 235. By Senators English of the 21st, Gillis of the 20th, Kennedy of the 4th and Ray of the 19th:
A bill to amend Code Section 37-3-1 of the Official Code of Georgia Annotated, relating to definitions with respect to the examination and treatment for mental illness, so as to define the term "traumatic brain injury"; to provide for clarifica tion of such term.
SB 244. By Senator Tate of the 38th:
A bill to amend Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to powers relating to the administration of municipal government gener ally, so as to provide for additional authority to serve any process, summons, notice, or order under certain circumstances.
SB 255. By Senator Deal of the 49th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bailable offenses, so as to change certain procedural requirements for hearings on offenses bailable only before a judge of the superior court.
SB 261. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation, etc., of fire and other hazards to persons and property generally, so as to change the provisions relating to buildings presenting special hazards to persons or property and requiring special standards of construction and maintenance; to change certain provisions relating to shopping centers and malls.
SB 264. By Senator Dawkins of the 45th:
A bill to amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to provide for definitions; to provide for the legal rate of interest and pawnshop charge which may be charged by a pawnbroker; to provide that amounts in excess of the legal interest rate and pawnshop charge shall be uncollectable and shall void the pawn transaction.
SB 277. By Senator Albert of the 23rd:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages, so as to provide that the governing authorities of certain counties and municipalities may authorize the sale of alcoholic beverages during certain hours in certain es tablishments on Sunday; to provide for an effective date.
HB 19. By Representatives Bostick of the 138th and Groover of the 99th:
A bill to amend Code Section 17-7-91 of the Official Code of Georgia Annotated, relating to the establishment of a date of arraignment in criminal cases, so as to change the provisions regarding notice of the date which has been fixed for arraignment.

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HB 106. By Representatives Oliver of the 53rd, Baker of the 51st and Groover of the 99th:
A bill to amend Article 6 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to trials, so as to provide that in civil jury trials the court may retain one or more of the alternate jurors until the jury has agreed upon a verdict.

HB 163. By Representatives Lane of the 27th and Watts of the 41st:
A bill to amend Code Section 50-8-101 of the Official Code of Georgia Annotated, relating to books of account, annual auditor's report, annual population esti mates, provision of operating funds for commission of governing bodies, and adoption of annual program and budget with respect to metropolitan area plan ning and development commissions, so as to change the provisions relating to the amounts due from the political subdivisions in the metropolitan area.

HB 191. By Representative Porter of the 119th:
A bill to amend Code Section 15-6-25 of the Official Code of Georgia Annotated, relating to employment of superior court judges' secretaries, so as to provide for the pay level of certain reemployed superior court judges' secretaries.

HB 288. By Representatives Wall of the 61st, Breedlove of the 60th, Goodwin of the 63rd and others:
A bill to amend Chapter 7 of Title 36 of the Official Code of Georgia Annotated, relating to county surveyors, so as to authorize the General Assembly by local law to abolish the office of elected county surveyor in any county and authorize the appointment of said official by the county governing authority; to provide re quirements and limitations relative thereto.

HB 414. By Representative Lane of the 27th:
A bill to amend Chapter 4 of Title 22 of the Official Code of Georgia Annotated, known as "The Georgia Relocation Assistance and Land Acquisition Policy Act of 1973," so as to provide conformity with federal law; to provide uniform reloca tion assistance to persons displaced by federal-aid projects; to provide uniform land acquisition policies.

Senator Kennedy of the 4th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Bowen Brannon
C.lay CCooflfeimnsan
Dawkins Deal Echols Edge English Engram

Fincher Foster Fuller Garner Gillis Hammill
Hrrii
2HugWgamrds JKoihdndson
Land McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan Of 32nd pjav Scott of 2nd
Sgthaurmr ake Stumb, augh
Tate Taylor Timmons Turner Tysinger Walker

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557

Those not answering were Senators:

Barnes Coverdell (excused)

Dean Kennedy (presiding)

Langford Scott of 36th

Senator Foster of the 50th introduced the chaplain of the day, Dr. Paul Alford, Presi dent of Toccoa Falls College, Toccoa Falls, Georgia, who offered scripture reading and prayer.

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

SR 124. By Senators Ray of the 19th and Edge of the 28th: A resolution commending Major Ray Stephenson.

SR 125. By Senators Bowen of the 13th and Ragan of the 10th: A resolution commending the Colquitt County High School A Cappella Choir.

HR 229. By Representative Watts of the 41st:
A resolution designating the week of December 1 through 7, 1989, as Public School Cafeteria Workers Week in Georgia.

Senator Kidd of the 25th moved that the following bill of the House be withdrawn from the Senate Committee on Banking and Finance and committed to the Senate Committee on Governmental Operations:

HB 225. By Representatives Pannell of the 122nd, Cummings of the 17th, Snow of the 1st and Alien of the 127th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, so as to change the definition of the term "fair market value"; to pro vide for the fair market value of rehabilitated historic property under certain circumstances; to change the provisions relating to the assessment of tangible property.

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 225 was with drawn from the Senate Committee on Banking and Finance and committed to the Senate Committee on Governmental Operations.

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

SENATE LOCAL CONSENT CALENDAR Wednesday, February 8, 1989
TWENTIETH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 512 Turner, 8th Brooks County
To amend an Act creating the board of county commissioners of Brooks County, so as to change the compensation of the chairman and members of the board of county commissioners.

558

JOURNAL OF THE SENATE

HB 551 Harris, 27th Lamar County
To create the Lamar County Water and Sewer Authority.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Bowen Bruarntonnon Clay Coleman Collins Dawkins Deal Echols Edge

English Engram Fincher Foster
Fuller G,,.a,.r.ner Glllls Hammill Harns Huggins Kidd Land Newbill

Olmstead Perry Phillips Pollard
Ragan of 10th R_ agan of 32nd Ray Starr Tavlor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes Broun rDC,oeavnerdell (excused) Howard Johnson

Kennedy (presiding) Langford M,,, cKv enzie Parker Peevy

Scott of 2nd Scott of 36th Scuhumaki e Stumbaugh Tate

On the passage of all the local bills, the yeas were 40, nays 0.

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

Senator Taylor of the 12th introduced visitors from Albany, Georgia, Chamber of Com merce, city commission, county commission and Albany Day Committee, who were com mended by SR 119 adopted previously.

SENATE RULES CALENDAR
Wednesday, February 8, 1989
TWENTIETH LEGISLATIVE DAY
SB 137 Certificate of Need--certain renovation projects exempt (Substitute) (Hum R--25th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.)
SB 249 Counties--employment benefits for elected county officers (Substitute) (U&CA G--33rd) (Pursuant to Senate Rule 143, final passage of the bill was suspended.)

WEDNESDAY FEBRUARY 8, 1989

559

SB 232 Fair Employment Practices Act of 1989 (Amendments) (Gov Op--3rd) SB 153 Criminal Proceedings--testimony of certain children (Substitute) (C&Y--18th) HB 59 Write-in Ballots--counted at tabulating centers (Gov Op--25th) HB 62 Certain Election Superintendents, Registrars--annual training (Gov Op--25th) HB 63 Deputy Registrars--not required to be county resident (Gov Op--25th) HB 66 Elections, Primaries--correct citations to federal law (Gov Op--25th) HB 72 Voter Card--contain certain information (Gov Op--25th) HB 90 Retirement, Pensions (Title 47)--correct errors, omissions (Amendment)
(Ret--49th) HB 142 Firemen's Pension Fund--not subject to Public Retirement Systems Standards
Law (Ret--45th) HB 143 Firemen's Pension Fund--disability benefits (Ret--45th) HB 157 Estates--determining nursing home patient residence (Substitute) (Judy--27th) HB 271 Churches--increase occupant load (U&CA G--50th) HB 381 Supplementary Appropriations--fiscal year ending 6/30/89 (Approp--44th) HB 107 Executive Probate Judges Council--election of 3 members at large (Judy--42nd) SB 134 Certificate of Need--exempt certain head injury service facilities (Hum R--25th)
Respectfully submitted, Is/ Dean of the 31st, Chairman
Senate Rules Committee
The following general bill of the Senate, having been read the third time on February 3 and postponed until February 6, and final action suspended on February 7, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was put upon its passage:
SB 137. By Senator Kidd of the 25th: A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemption from applicability, so as to provide for a new exemption for certain renovation and replacement projects; to provide an effective date.
The substitute to SB 137 offered by Senator Kidd of the 25th on February 7, as it appears in the Journal of February 7, was automatically reconsidered and put upon its adoption.
Senator Kidd of the 25th offered the following amendment:
Amend the substitute to SB 137 offered by Senator Kidd of the 25th by changing on line 19, page 1, the word "replace" to "remodel".
On the adoption of the amendment, the yeas were 38, nays 1, and the amendment was adopted.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to by substitute as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

560

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Barker Barnes Brannon Broun Clay Collins Deal Dean Echols English Engram

Fincher Foster Fuller Garner Gillis Harris Howard Huggins Kidd Langford Newbill

Olmstead Parker Peevy Pollard Ragan of 32nd Ray Scott of 36th Shumake Stumbaugh Tate Walker

Those voting in the negative were Senators:

Allgood Baldwin Burton Coleman Dawkins Edge

Hammill Johnson Land Perry Phillips Ragan of 10th

Scott of 2nd Starr Taylor Timmons Turner Tysinger

Those not voting were Senators:

Bowen Coverdell (excused)

Kennedy (presiding)

McKenzie

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

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

Senator Kidd of the 25th moved that SB 137 be immediately transmitted to the House.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 137 was immedi ately transmitted to the House.

The following general bill of the Senate, having been read the third time and final ac tion suspended on February 7, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was put upon its passage:

SB 249. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, so as to authorize the governing authority of any county to provide, and to expend county funds for the provision of, health insur ance, life insurance, disability insurance, liability insurance, retirement and pen sion coverage, and other similar or related employment benefits for elected county officers and the personnel thereof.

The substitute to SB 249 offered by Senator Barnes of the 33rd on February 7, as it appears in the Journal of February 7, was automatically reconsidered and put upon its adoption.

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

WEDNESDAY FEBRUARY 8, 1989

561

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Broun Coleman Dawkins Deal Dean Echols English Engram

Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Langford Newbill Olmstead Parker

Peevy Perry Pollard Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Walker

Those not voting were Senators:

Albert Burton Clay Collins Coverdell (excused)

Edge Fincher Kennedy (presiding) Land McKenzie

Phillips Ragan of loth
Raan of 32nd Tysinger

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

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Broun Coleman Deal Dean Echols English Engram

Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kidd Olmstead Parker Peevy

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

Those not voting were Senators:

Albert Brannon BCCmloualryltionns
Coverdell (excused) Dawkins

Edge Fincher HiKLsaoennwdnaerddjy i(presi-dJ-ing)\
Langford McKenzie

Newbill

Phillips

Rtvfal ogaann Ra8an

norf of

31lu20tntnhd,

Timmons Tysinger

562

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:
SB 153. By Senators Barker of the 18th and Newbill of the 56th:
A bill to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of criminal proceedings, so as to provide for the taking of testimony of certain children in criminal proceedings in which a person is charged with a violation of Code Section 16-5-70, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5, or 16-6-5.1; to provide for practices and procedures.
The Senate Committee on Children and Youth offered the following substitute to SB 153:
A BILL
To be entitled an Act to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of criminal proceedings, so as to provide for the taking of testimony of certain children in criminal proceedings in which a person is charged with a violation of Code Section 16-5-70, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5, or 16-6-5.1; to provide for practices and procedures; to provide for admissibility of certain testimony and evidence; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of criminal proceedings, is amended by adding at the end thereof a new Code Section 17-8-55.1 to read as follows:
"17-8-55.1. (a) In any criminal proceeding in which a person is charged with a violation of Code Section 16-5-70, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5, or 16-6-5.1, the court, upon a motion by either the prosecution or defense or upon its own motion, shall determine if any child who is 17 years of age or younger and who is a victim of or witness to such offense should appear personally in open court as a witness in the proceeding. If the court deter mines that there is a substantial likelihood that such child will suffer severe emotional or mental strain if required to testify in open court, the court shall order that the child's testi mony be transmitted by two-way closed circuit television.
(b) The court shall determine the conditions and circumstances under which the testi mony of such child shall be taken with consideration being given to the emotional and mental well-being of the child as well as the protection of the constitutional rights of the defendant. If the court determines that such procedure is appropriate, the child may be placed in a room in the courthouse separate and apart from the courtroom or chambers in which the proceeding is taking place and may be accompanied in such room by a parent, guardian, court appointed child psychologist, or other person if deemed appropriate and in the best interest of the child by the court. Neither the counsel for the prosecution nor the defense shall be permitted to enter such room. Such room shall be equipped with two-way closed circuit television.
(c) The two-way closed circuit television testimony of a child obtained under any proce dure authorized by this Code section shall be admissible in evidence."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY FEBRUARY 8, 1989

563

Senator Hammill of the 3rd offered the following amendment:

Amend the substitute to SB 153 offered by the Senate Committee on Children and Youth by striking on page 2, line 12, the words "parent, guardian,".

Senator Edge of the 28th offered the following amendment:

Amend the substitute to SB 153 offered by the Senate Committee on Children and Youth by striking on line 15, page 2, beginning with the word "Neither" through the word "room" on line 16.

Senator Fuller of the 52nd moved that SB 153 be committed to the Senate Committee on Judiciary.

Senator Barker of the 18th moved the previous question.

On the motion offered by Senator Barker of the 18th, which motion takes precedence, the yeas were 28, nays 7; the motion prevailed, and the previous question was ordered.

On the adoption of the amendment offered by Senator Hammill of the 3rd, the yeas were 35, nays 0, and the amendment was adopted.

On the adoption of the amendment offered by Senator Edge of the 28th, the yeas were 33, nays 0, and the amendment was adopted.

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

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

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

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Bowen Broun
Burton Clay Coleman Collins Dawkins Dean Echols Edge English
Engram

Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

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

Those voting in the negative were Senators:

Allgood Deal Fuller

Pollard Scott of 36th

Tate Walker

564

JOURNAL OF THE SENATE

Those not voting were Senators:

Albert Brannon

Coverdell (excused) Kennedy (presiding)

Timmons

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

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

HB 59. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain write-in ballots shall be counted at tabu lating centers; to provide for procedures; to provide that certain poll officers shall not count certain write-in ballots.
Senate Sponsor: Senator Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge English Engram Fincher

Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker

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

Those not voting were Senators:

Albert Bowen Brannon

Clay Coverdell (excused) Kennedy (presiding)

Ragan of 32nd Stumbaugh

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

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

Senator Phillips of the 9th moved that Senator Coverdell of the 40th be excused from all roll calls today due to his being absent from the Senate because of the hearings on his confirmation as Director of the Peace Corps.

On the motion, the yeas were 37, nays 1; the motion prevailed, and Senator Coverdell of the 40th was excused from all roll calls in the Senate today.

WEDNESDAY FEBRUARY 8, 1989

565

Senator Gillis of the 20th gave notice that, at the proper time, he would move to disa gree with the committee report which was adverse to the passage of the following bill of the House:

HB 56. By Representatives Rainey of the 135th, Walker of the 115th, Groover of the 99th, Barfoot of the 120th and Titus of the 143rd:
A bill to amend Code Section 27-1-6 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, so as to permit the placing of the proceeds from the mandatory purchase of official Geor gia waterfowl stamps in the Waterfowl Stamp Fund; to amend Code Section 272-6 of the Official Code of Georgia Annotated, relating to trout stamps and big game licenses, so as to make it unlawful, subject to certain exceptions, to hunt ducks, geese, and swans without an official Georgia waterfowl stamp.

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

HB 62. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for mandatory annual training for certain election su perintendents and registrars.
Senate Sponsor: Senator Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Broun Burton
Collins Dawkins Deal Dean Echols Edge English Engram Fincher

Foster Fuller Garner Gillis Hammill Harris Hward Huuggms Johnson Kidd Land
Langford McKenzie Olmstead
Parker
Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Hay Scott of 2nd Scott of 36th Shumake ,, *tarr , , Stumbaugh
Tate Taylor Timmons
Turner
Tysinger Walker

Those not voting were Senators:

Albert Bowen

Brannon Coverdell (excused)

Kennedy (presiding) Newbill

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

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

566

JOURNAL OF THE SENATE

HB 63. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others:
A bill to amend Code Section 21-2-213 of the Official Code of Georgia Annotated, relating to qualifications of registrars and deputy registrars, so as to provide that deputy registrars at permanent additional voter registration sites do not have to be residents of the county in which they serve.
Senate Sponsor: Senator Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Fuller Gillis Hammill Harris Huggins Johnson Kidd Langford McKenzie 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

Voting in the negative was Senator Garner.

Those not voting were Senators:

Albert Bowen Brannon

Coverdell (excused) Howard Kennedy (presiding)

Land Newbill

On the passage of the bill, the yeas were 47, nays 1.

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

HB 66. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to correct certain citations to federal law.
Senate Sponsor: Senator Kidd of the 25th.

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

WEDNESDAY FEBRUARY 8, 1989

567

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 Broun
B urton XCCTUj,,--j.ooae,,lawl,yeh.[m,kni.sanns Dean Echols Edge English Engram Foster

Fuller Garner Gillis Hammill Harris
Howard JHTKTo^uih,-dgJndJgsionns Land Langford McKenzie Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd CSS0o4.tLhc.aourtmrt aokife36th Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Bowen Brannon

Coverdell (excused) Fincher

Kennedy (presiding) Newbill

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

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

HB 72. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others:
A bill to amend Code Section 21-2-217 of the Official Code of Georgia Annotated, relating to the form of registration cards, so as to provide for the issuance of a card to registered voters containing certain identification, precinct, and district information; to provide for powers, duties, and authority of the Secretary of State and boards of registrars with respect to such card.
Senate Sponsor: Senator Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

Baldwin Barnes Broun Burton Clay Coleman Collins Dawkins Deal

Dean Echols Edge Engram Fincher Foster Fuller Garner Hammill

Harris Howard Huggins Johnson Kidd Langford McKenzie Olmstead Parker

568

JOURNAL OF THE SENATE

Peevy Perry Phillips Pollard Ragan of 10th

Ragan of 32nd Scott of 36th Shumake Starr Stumbaugh

Tate Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Albert English

Gillis Land

Ray Taylor

Those not voting were Senators:

Allgood Barker Bowen

Brannon Coverdell (excused) Kennedy (presiding)

Newbill Scott of 2nd

On the passage of the bill, the yeas were 42, nays 6.

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

HB 90. By Representatives Thomas of the 69th, Groover of the 99th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.
Senate Sponsor: Senator Deal of the 49th.

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

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Charles Thomas

State Representative

FROM:

G. W. Hogan, State Auditor

DATE:

January 6, 1989

SUBJECT: House Bill 90 (LC 9-5384) Retirement Provisions in Title 47 of the Official Code of Georgia

This Bill would correct certain capitalization and stylistic errors in Title 47 of the Offi cial Code of Georgia Annotated. The Bill would also revise references to certain sections of the Code that have been changed in prior years. If enacted, this Bill would become effective upon approval by the Governor or upon its becoming law without such approval.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.

/s/ G. W. Hogan State Auditor

WEDNESDAY FEBRUARY 8, 1989

569

The Senate Committee on Retirement offered the following amendment:

Amend HB 90 by redesignating paragraph (7) of Section 1 as paragraph (8).
By adding between lines 15 and 16 of page 2 the following:
"(7) By striking the last sentence of subsection (b) of Code Section 47-16-60, relating to payments to the Sheriffs' Retirement Fund of Georgia from fines and bonds collected in criminal and quasi-criminal cases, which reads as follows:
'By affirmative vote of all the members, the board upon the payment of the delinquent moneys, together with interest for good cause shown, may waive the specific penalty other wise charged under this subsection.',
and inserting in lieu thereof a new last sentence to read as follows:
'By affirmative vote of all the members, the board, upon the payment of the delinquent moneys together with interest and for good cause shown, may waive the specific penalty otherwise charged under this subsection.' "

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

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

February 1, 1989

SUBJECT: House Bill 90 (Amendment) (AM 9 0008) Retirement and Pensions

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.

/s/ G. W. Hogan State Auditor

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun Burton Clay Coleman

Collins Dawkins Deal Dean Echols Edge English Engram Foster

Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd

570

JOURNAL OF THE SENATE

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

Those not voting were Senators:

Bowen Brannon Coverdell (excused)

Fincher Kennedy (presiding) Newbill

Phillips Walker

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

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

HB 142. By Representative Connell of the 87th:
A bill to amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the "Public Retirement Sys tems Standards Law," so as to provide that a certain amendment to the law pro viding for the Georgia Firemen's Pension Fund shall not be subject to the Public Retirement Systems Standards Law under certain conditions.
Senate Sponsor: Senator Dawkins of the 45th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes B roun BCC,,,loualryetomnan Collins Dawkins
Deal Dean Edge English Engram

Fincher Foster Fuller Hammill Harris Howard JHK,ouih,dg&ndgasmons Land Langford
McKenzie Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd pjay Scott of 2nd SSa_,hcouttm<t. aok.efe3oc6*thu Starr Stumbaugh
1 a^e Taylor Timmons Turner Tysinger

Those not voting were Senators:

Bowen Brannon Coverdell (excused)

Echols Garner Gillis

Kennedy (presiding) Newbill Walker

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

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

WEDNESDAY FEBRUARY 8, 1989

571

HB 143. By Representative Connell of the 87th:
A bill to amend Code Section 47-7-102 of the Official Code of Georgia Annotated, relating to disability benefits under the Georgia Firemen's Pension Fund, so as to change the provisions relating to such disability benefits; to amend Code Section 47-7-124 of the Official Code of Georgia Annotated, relating to limitation of cer tain actions, so as to provide that the Board of Trustees of the Georgia Firemen's Pension Fund shall not assert after April 1, 1989, any claim.
Senate Sponsor: Senator Dawkins of the 45th.

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

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Bill Cummings, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

January 23, 1989

SUBJECT: House Bill 143 (LC 7 7103ER) Georgia Firemen's Pension Fund

This Bill would increase the maximum monthly disability benefit for members of the Georgia Firemen's Pension Fund who retire on disability upon certain conditions. The Bill would also prevent the Board of Trustees of the Georgia Firemen's Pension Fund from as serting any claim after April 1, 1989 against any person who received a disability benefit in excess of what was lawfully entitled because of an erroneous determination by the board of trustees. This Bill also provides that it is not subject to the requirements of the Public Retirement Systems Standards Law (as in accordance with Code Section 47-20-63, a new code section also introduced in the 1989 Legislative Session) since the General Assembly finds and declares that: the Bill is necessary to avoid hardship to members and retired members; the Georgia Firemen's Pension Fund is actuarially sound; and the increased disa bility benefits would be fully financed without appropriations and without effecting the ac tuarial soundness of the fund. If enacted, this Bill would become effective upon the Gover nor's approval or upon becoming law without such approval.

This is to certify that this retirement bill is not subject to the Public Retirement Sys tems Standards Law, provided the companion legislation (HB 142 - LC 7 7043) revising the Public Retirement Systems Standards Law becomes effective prior to the enactment of this bill. Without such companion legislation, this Bill would be a fiscal retirement bill as de fined in the public Retirement Systems Standards Law.

/s/ G. W. Hogan State Auditor

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

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

572

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood
Baldwin Barker Barnes Broun
Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson
Kidd Land Langford McKenzie Parker Peevy

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

Those not voting were Senators:

Bowen Brannon Coverdell (excused)

Garner Kennedy (presiding) Newbill

Olmstead Ragan of 10th Turner

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

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

Serving as doctor of the day today was Dr. George L. Smith III of Covington, Georgia.

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

At 12:32 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

THURSDAY, FEBRUARY 9, 1989

573

Senate Chamber, Atlanta, Georgia Thursday, February 9, 1989 Twenty-first Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator 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 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 642. By Representatives Groover of the 99th, Pinkston of the 100th, Lucas of the 102nd, Randall of the 101st, Ray of the 98th and others:
A bill to amend an Act providing for supplements to the salaries of the judges and district attorney of the Superior Courts of the Macon Judicial Circuit, so as to change the provisions relating to the supplement to be paid out of the treasury of Bibb County to each judge of the superior courts of said circuit.
HB 645. By Representatives Snow of the 1st, McCoy of the 1st, Crawford of the 5th and Foster of the 6th:
A bill to amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer.
HB 646. By Representatives Snow of the 1st, McCoy of the 1st, Crawford of the 5th and Foster of the 6th:
A bill to amend an Act placing the judge of the Probate Court of Walker County on a salary basis, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer.
HB 647. By Representatives Snow of the 1st, McCoy of the 1st, Crawford of the 5th and Foster of the 6th:
A bill to amend an Act creating the office of tax commissioner of Walker County, so as to change the provisions relating to the amount of funds for the compensa tion of the personnel of the tax commissioner.
HB 649. By Representatives Hasty of the 8th, Stancil of the 8th and Barnett of the 10th:
A bill to amend an Act creating the office of commissioner of Cherokee County, so as to create a new board of commissioners of Cherokee County.

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JOURNAL OF THE SENATE

HB 652. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to change the provisions relating to appointment of new members to the water and sewer authority board of directors.
HB 469. By Representative Thompson of the 20th:
A bill to amend Code Section 19-13-22 of the Official Code of Georgia Annotated, relating to the eligibility of family violence centers for licensing and funding, so as to authorize grants of county and municipal funds to certain family violence centers.
HB 451. By Representatives Couch of the 36th, Hudson of the 117th, Bargeron of the 108th, Watson of the 114th, Ray of the 98th and others:
A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to clarify the authority of the State Board of Ac countancy to contract with third parties to perform administrative services relat ing to examinations.
HB 274. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Code Section 34-9-105 of the Official Code of Georgia Annotated, relating to hearings of and appeals from the State Board of Workers' Compensa tion, so as to provide that appeals to the superior court and an application for review to the board made from the same final award of an administrative law judge shall be heard first by the board with appeal rights to the superior court.
HB 574. By Representative Simpson of the 70th:
A bill to amend Code Section 43-51-6 of the Official Code of Georgia Annotated, relating to certification of operators of water or wastewater treatment plants and laboratory analysts in general, so as to provide that the board shall be authorized to require continuing education as a condition of certificate renewal.
HB 565. By Representatives Ware of the 77th, Groover of the 99th, Jones of the 71st, Robinson of the 96th, Lawson of the 9th and others:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to regulate the business of renting motor vehicles; to define certain terms; to provide that authorized drivers of rental vehicles shall not be liable for damage to rental vehicles except in cer tain situations.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
HB 131. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that no license plate or revalidation decal shall be issued for a rebuilt or salvage vehicle unless such vehicle has been inspected and found in compliance with the law; to repeal Code Section 48-10-3.1 of the Official Code of Georgia Annotated, relating to the issuance of temporary registration permits.
The House has agreed to the Senate substitute to the following bill of the House:

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575

HB 422. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A bill to amend an Act creating a new charter for the City of Oakwood, so as to require the city council to hold an organizational meeting in January following each general municipal election; to change the day of elections; to change the terms of office of the mayor and members of the council.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 306. By Senator Dawkins of the 45th:
A bill to amend Code Section 33-4-6 of the Official Code of Georgia Annotated, relating to the liability of an insurer for damages and attorney's fees for failure to pay a claim, so as to provide that an insurer must show that it acted in good faith in failing or refusing to pay an insurance claim within a certain period; to provide that an insurer failing to show such good faith shall be subject to punitive dam ages and attorney's fees. Referred to Committee on Insurance.
SB 307. By Senator Howard of the 42nd:
A bill to amend Code Section 31-11-33 of the Official Code of Georgia Annotated, relating to insurance coverage for ambulances, so as to provide for the inapplica bility to ambulances and first responders operated by political subdivisions of the state. Referred to Committee on Insurance.
SB 308. By Senators Ray of the 19th, Brannon of the 51st, Parker of the 15th and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide that cer tain license plates shall be printed in red, white, and blue colors. Referred to Committee on Defense and Veterans Affairs.
SB 309. By Senator Peevy of the 48th:
A bill to amend Code Section 52-7-8.1 of the Official Code of Georgia Annotated, relating to the discharge of sewage from vessels on Lake Sidney Lanier, so as to provide for certain exemptions with respect to vessels constructed on or before January 1, 1978. Referred to Committee on Natural Resources.
SB 310. By Senators Howard of the 42nd and Langford of the 35th: A bill to amend Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service, so as to authorize the Public Service Commission to establish, administer, and promote a state-wide dual party tele phone relay system for the utilization of telecommunication services by hearing impaired persons, speech impaired persons, and persons who are similarly impaired.
Referred to Committee on Public Utilities.
SB 311. By Senators Deal of the 49th and Foster of the 50th: A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to change the provi sions relating to the qualifications and disqualifications for membership on the board.
Referred to Committee on Education.

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SB 312. By Senator Barker of the 18th:
A bill to amend Code Section 47-2-310 of the Official Code of Georgia Annotated, relating to employees of the Georgia-Federal State Shipping Point Inspection Service being members of the Employees' Retirement System of Georgia, so as to authorize creditable service for certain prior service as an employee of said in spection service. Referred to Committee on Retirement.
SR 126. By Senator Scott of the 2nd:
A resolution authorizing the conveyance and exchange of certain state owned real property located in the City of Atlanta, Fulton County, Georgia; to provide an effective date. Referred to Committee on Public Utilities.
SR 127. By Senator Ragan of the 10th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Decatur County, Georgia, to the City of Bainbridge and the acceptance of certain real property owned by the City of Bainbridge located in Decatur County, Georgia, in consideration therefor; to provide an effective date. Referred to Committee on Public Utilities.
SR 128. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st:
A resolution creating the Joint West Point Lake Study Committee. Referred to Committee on Natural Resources.
The following bills of the House were read the first time and referred to committees:
HB 274. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Code Section 34-9-105 of the Official Code of Georgia Annotated, relating to hearings of and appeals from the State Board of Workers' Compensa tion, so as to provide that appeals to the superior court and an application for review to the board made from the same final award of an administrative law judge shall be heard first by the board with appeal rights to the superior court. Referred to Committee on Judiciary.
HB 451. By Representatives Couch of the 36th, Hudson of the 117th, Bargeron of the 108th, Watson of the 114th and others:
A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to clarify the authority of the State Board of Ac countancy to contract with third parties to perform administrative services relat ing to examinations. Referred to Committee on Governmental Operations.
HB 469. By Representative Thompson of the 20th:
A bill to amend Code Section 19-13-22 of the Official Code of Georgia Annotated, relating to the eligibility of family violence centers for licensing and funding, so as to authorize grants of county and municipal funds to certain family violence centers. Referred to Committee on Urban and County Affairs (General).

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577

HB 565. By Representatives Ware of the 77th, Groover of the 99th, Jones of the 71st and others:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to regulate the business of renting motor vehicles; to define certain terms; to provide that authorized drivers of rental vehicles shall not be liable for damage to rental vehicles except in cer tain situations. Referred to Committee on Industry and Labor.
HB 574. By Representative Simpson of the 70th:
A bill to amend Code Section 43-51-6 of the Official Code of Georgia Annotated, relating to certification of operators of water or wastewater treatment plants and laboratory analysts in general, so as to provide that the board shall be authorized to require continuing education as a condition of certificate renewal. Referred to Committee on Natural Resources.
HB 642. By Representatives Groover of the 99th, Pinkston of the 100th, Lucas of the 102nd and others:
A bill to amend an Act providing for supplements to the salaries of the judges and district attorney of the Superior Courts of the Macon Judicial Circuit, so as to change the provisions relating to the supplement to be paid out of the treasury of Bibb County to each judge of the superior courts of said circuit. Referred to Committee on Urban and County Affairs.
HB 645. By Representatives Snow of the 1st, McCoy of the 1st, Crawford of the 5th and Foster of the 6th:
A bill to amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer. Referred to Committee on Urban and County Affairs.
HB 646. By Representatives Snow of the 1st, McCoy of the 1st, Crawford of the 5th and Foster of the 6th:
A bill to amend an Act placing the judge of the Probate Court of Walker County on a salary basis, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer. Referred to Committee on Urban and County Affairs.
HB 647. By Representatives Snow of the 1st, McCoy of the 1st, Crawford of the 5th and Foster of the 6th:
A bill to amend an Act creating the office of tax commissioner of Walker County, so as to change the provisions relating to the amount of funds for the compensa tion of the personnel of the tax commissioner. Referred to Committee on Urban and County Affairs.
HB 652. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to change the provisions relating to appointment of new members to the water and sewer authority board of directors. Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 649. By Representatives Hasty of the 8th, Stancil of the 8th and Barnett of the 10th:
A bill to amend an Act creating the office of commissioner of Cherokee County, so as to create a new board of commissioners of Cherokee County. Referred to Committee on Urban and County Affairs.

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

Mr. President:

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

SB 229. Do pass.

SR 104. Do pass.

SB 268. Do pass by substitute.

HB 4. Do pass.

Respectfully submitted,

Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 234. Do Pass as amended.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

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

HB 333. Do pass.

HB 335. Do pass.

HB 334. Do pass.

HB 336. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following resolu tion of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 103. Do pass as amended.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

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

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579

SB 213. SB 242. SB 260. SB 262. HB 99.
HB 125.

Do pass by substitute.
Do pass. Do pass. Do pass. Do pass.

HB 146. Do pass. HB 208. Do pass.
HB 217. Do pass. HB 238- Do Pass-

Do pass.

HB 280. Do pass. Respectfully submitted,
Senator Bowen of the 13th District, Chairman

Mr. President:

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

SB 212. Do pass by substitute.

SB 239. Do pass.

SB 238. Do pass.

SB 251. Do pass.

Respectfully submitted,

Senator Peevy of the 48th District, Chairman

Mr. President:

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

SB 217. Do pass.

HB 292. Do pass.

SB 289. Do pass.

HB 322. Do pass.

HB 339. Do pass.

Respectfully submitted,

Senator Peevy of the 48th District, Chairman

Mr. President:

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

SB 266. Do pass.

HB 536. Do pass.

HB 454. Do pass. HB 523. Do pass.

HB 558. Do pass.

HB 528. Do pass.

HB 571. Do pass.

Respectfully submitted,

Senator Harris of the 27th District, Chairman

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

SR 60. By Senators Land of the 16th, Stumbaugh of the 55th, Baldwin of the 29th and others:
A resolution creating the Joint Study Committee on Automobile Insurance Costs Containment.

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SR 95. By Senator Kidd of the 25th:
A resolution designating the Battle Smith Bridge.
SR 96. By Senators Walker of the 43rd, Langford of the 35th, Tate of the 38th and others:
A resolution proposing an amendment to the Constitution so as to change the terms of office of members of the State Board of Pardons and Paroles; to provide for the submission of this amendment for ratification or rejection.
SB 125. By Senators Taylor of the 12th, Land of the 16th, Shumake of the 39th and others:
A bill to amend Article 2 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing and regulation of agents, brokers, and others for property, casualty, or surety insurance, so as to provide for prior written no tice to be given when an insurer terminates the certificate of authority of a prop erty, casualty, or surety agent.
SB 193. By Senator Brannon of the 51st:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the definition of certain terms used in such title; to change the provisions relating to the sale, purchase, or transportation of game fish generally.
SB 203. By Senators Fuller of the 52nd, Broun of the 46th, Muggins of the 53rd and Fincher of the 54th:
A bill to amend Chapter 8 of Title 44 of the Official Code of Georgia Annotated, relating to water rights, so as to provide for a public right of passage in the float able streams of this state; to define what streams constitute floatable streams; to define criminal offenses involving interference with such right of passage and provide for punishment for such offenses.
SB 228. By Senator Brannon of the 51st:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions concerning telephone service, so as to prohibit a telephone company from charging a fee for the disconnection and reconnection of a private line in a nursing home under certain conditions; to define a certain term; to provide for enforcement.
SB 233. By Senator Baldwin of the 29th:
A bill to amend Code Section 33-13-3 of the Official Code of Georgia Annotated, relating to acquisition of control of or merger with a domestic insurer, so as to require an acquiring party to file with the Commissioner of Insurance financial statements certified by a certified public accountant as to the earnings and finan cial condition of such party.
SB 252. By Senators Brannon of the 51st and Garner of the 30th:
A bill to amend Article 1 of Chapter 21 of Title 31, relating to general provisions concerning dead bodies, so as to provide for cremated remains to be buried at sea under certain conditions; to provide that certain information relating to the bur ial of cremated remains at sea shall be furnished to the local registrar of births, deaths, and other vital records in the county nearest the point where the remains were buried.

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581

SB 272. By Senator Gillis of the 20th:
A bill to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to re vise the qualifications and requirements for registered foresters; to provide for continuing education as a condition of license renewal; to provide for an effective date and applicability.
SB 276. By Senators English of the 21st, Ragan of the 10th, Kennedy of the 4th and others:
A bill to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Agricultural Commodities Promotion Act," so as to abol ish the Agricultural Commodities Commission for Peanuts and provide for the creation of the Georgia Peanut Commission as a successor to and continuation thereof.
HR 66. By Representative Greene of the 130th:
A resolution designating the George S. Lee Causeway.
HR 110. By Representative Crawford of the 5th:
A resolution designating the Juliette Gordon Low Highway.
HB 45. By Representatives Buck of the 95th, Robinson of the 96th, Steele of the 97th and others:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to repeal Code Section 48-8-82.1, author izing an increase in the rate of joint county and municipal sales and use taxation under certain circumstances.
HB 49. By Representatives Rainey of the 135th, Moody of the 153rd, Holcomb of the 72nd and others:
A bill to amend Code Section 52-7-3 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia Boat Safety Act," so as to de fine the term "sailboard"; to redefine the term "vessel" so as to exempt sailboards from such definition.
HB 50. By Representatives Rainey of the 135th and Moody of the 153rd:
A bill to amend Code Section 27-2-21 of the Official Code of Georgia Annotated, relating to field and retriever trials and permits therefor so as to change the pro visions relating to the requirement that participants have hunting licenses.
HB 130. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to driver's licenses, so as to provide for a commercial driver's license.
HB 134. By Representatives Green of the 106th, Ricketson of the 82nd and Parrish of the 109th:
A bill to amend Code Section 27-4-92 of the Official Code of Georgia Annotated, relating to use of fish baskets in commercial fresh-water fishing, so as to limit the number of fish baskets allowed on Lake Sinclair and Lake Oconee to three bas kets per person.

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HB 155. By Representatives Griffin of the 6th, Foster of the 6th, Patten of the 149th, Poag of the 3rd and McCoy of the 1st:
A bill to amend Chapter 13 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Underground Storage Tank Act," so as to change the provisions relating to the definition of a petroleum product; to change the provi sions relating to the payment of the environmental assurance fee on petroleum products for the purposes of the Underground Storage Tank Trust Fund.
HB 161. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A bill to amend Code Section 20-3-234 of the Official Code of Georgia Annotated, relating to the board of commissioners of the Georgia Student Finance Commis sion, so as to increase the compensation of the commissioners.
HB 176. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to group requirements for life insurance, so as to provide that multiple employer welfare arrangements shall constitute lawful groups for purposes of the delivery of group life insurance.
HB 181. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Code Section 33-5-25 of the Official Code of Georgia Annotated, relating to the duties of a broker in placing insurance with an unauthorized in surer, so as to provide that a broker shall use current available reliable financial information about unauthorized insurers, to provide conditions for the placement of insurance.
HB 183. By Representatives Ware of the 77th, Griffin of the 6th, Dunn of the 73rd and others:
A bill to amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or prac tices in the business of insurance, so as to provide that certain direct response advertising shall constitute an unfair trade practice.
HB 205. By Representatives Ware of the 77th, Dunn of the 73rd, Lucas of the 102nd and others:
A bill to amend Code Section 33-2-11 of the Official Code of Georgia Annotated, relating to the requirement of examination by the Commissioner of Insurance of insurers, rating organizations, and advisory organizations, so as to provide that domestic insurers shall be examined once every three years.
HB 206. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Chapter 42 of Title 33 of the Official Code of Georgia Annotated, relating to long-term care insurance, so as to allow such insurance to be provided through a rider to a life insurance policy or by inclusion of a long-term care pro vision within a life insurance policy; to provide for applicability; to prohibit in certain policies a requirement of institutionalization prior to the payment of benefits.

THURSDAY, FEBRUARY 9, 1989

583

HB 234. By Representatives Holmes of the 28th, Lee of the 72nd, Walker of the 115th and others:
A bill to amend Code Section 21-2-5 of the Official Code of Georgia Annotated, relating to qualifications of candidates for federal and state office, so as to change certain provisions regarding challenges to the qualifications of certain candidates by certain electors.
HB 254. By Representatives Crawford of the 5th and Smith of the 16th:
A bill to amend Code Section 21-2-409 of the Official Code of Georgia Annotated, relating to assisting electors who cannot read or who have physical disabilities, so as to provide that blind electors shall not be required to take an oath in order to receive assistance in voting.
HB 264. By Representatives Rainey of the 135th, Moody of the 153rd, McKelvey of the 15th, Titus of the 143rd and Hudson of the 117th:
A bill to amend Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife, so as to provide that it shall be unlawful to feed alligators or bears except while holding a valid permit or license to possess the animal being fed.
HB 301. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for spe cial license plates for commemorating colleges or universities; to provide that ap plications for such special license plates shall be made to the commissioner.
HB 315. By Representatives Pinkston of the 100th, Beck of the 148th and Padgett of the 86th:
A bill to amend Chapter 2 of Title 7 of the Official Code of Georgia Annotated, relating to the credit union deposit insurance corporation, so as to to provide procedures and requirements for the adoption or amendment of bylaws of the credit union deposit insurance corporation; to authorize the board of such corpo ration to provide a membership fee schedule with department approval.
HB 316. By Representatives Pinkston of the 100th, Beck of the 148th and Padgett of the 86th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for the filling of a vacancy in the office of commissioner of banking and finance; to provide for the appoint ment of one or more deputy commissioners and additional personnel; to provide for the oath of office to be taken by each deputy commissioner and examiner.
HB 346. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Code Section 21-2-212 of the Official Code of Georgia Annotated, relating to the appointment of county deputy registrars, so as to exempt certain chief deputy registrars from certain restrictions applicable to registrars and dep uty registrars.
HB 350. By Representative Alien of the 127th:
A bill to amend Title 1 of the Official Code of Georgia Annotated, relating to general provisions affecting the laws and government of the state, so as to au-

584

JOURNAL OF THE SENATE

thorize the board of directors of certain authorities to change the name and style under which their authorities operate.

HB 401. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible to hold civil office, so as to reduce the residency requirement for certain county and municipal offices.

HB 405. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Article 15 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to miscellaneous offenses regarding elections and primaries, so as to change certain provisions with respect to disclosing how a person voted.

HB 538. By Representatives Godbee of the 110th, Reaves of the 147th, Greene of the 130th and others:
A bill to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of vehicles generally, so as to provide that cer tain trailers and semitrailers shall comply with the requirements for emblems on slow-moving vehicles; to provide certain requirements for lights and reflectors on certain trailers and semitrailers or to require escort vehicles in lieu thereof.

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

Albert Allgood Baldwin Barker
Barnes ^owen BBrroanunnon
BQuaryton Collins Deal Dean Echols Fincher Foster

Fuller Gillis Harris Huggins
Kennedy Kidd LT and ,
!MfcnKTfefonrzdie Newbill Olmstead Parker Peevy Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th S_ humake
So tumbuaughu Tate Taylor Timmons Turner Tysinger Walker

Those not answering were Senators:

Coleman Coverdell (excused) Dawkins Edge

English Engram Garner

Hammill Howard Johnson

Senator Broun of the 46th introduced the chaplain of the day, Dr. L. Bevel Jones III, Bishop of the Western North Carolina Conference of The United Methodist Church, Char lotte, North Carolina, who offered scripture reading and prayer.

THURSDAY, FEBRUARY 9, 1989

585

The following resolutions of the Senate were read and adopted:
SR 129. By Senator Land of the 16th: A resolution commending Hugh and Julie Bray.
SR 130. By Senator Shumake of the 39th: A resolution congratulating Mrs. Carrie Andrews on her long and prosperous life.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Thursday, February 9, 1989
TWENTY-FIRST LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 266 Deal, 49th Hall County To amend an Act creating the State Court of Hall County, to change the compensation provisions relating to the judge and the solicitor of said court; to provide an effective date.
HB 454 Foster, 50th City of Toccoa Stephens County To amend an Act incorporating the City of Toccoa, so as to change the provi sions relating to the election and taking of office of the city commissioner.
HB 523 Echols, 6th City of Kingsland Camden County To amend an Act incorporating the City of Kingsland, so as to change the corporate limits of such municipality.
HB 528 Kennedy, 4th Bulloch County To amend an Act placing the coroner of Bulloch County on an annual salary, so as to change the amount of expenses to be received by the coroner.
HB 536 Allgood, 22nd Albert, 23rd City of Augusta Richmond County To amend an Act creating the Augusta Ports Authority, so as to change the definition of the term "project"; to change the provisions relating to powers of the authority.
HB 558 Deal, 49th City of Gainesville Hall County To amend an Act creating a new charter for the City of Gainesville, so as to change the election and terms of office of the city commissioners.

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JOURNAL OF THE SENATE

HB 571 Johnson, 47th Deal, 49th City of Gillsville Part in Banks County Part in Hall County
To amend an Act creating a new charter for the City of Gillsville, so as to require the city council to hold an organizational meeting in January follow ing each general municipal election; to change the day of elections; to change the terms of office of the mayor and members of 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 Barker Brannon Broun
urton C;; o,lyeman Djjaewankins Echols English Engram Fincher Foster

Fuller Garner Gillis Hammill Harris
Huggins JTo^h.JnJson LKaldndd Langford Newbill Olmstead Parker Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd SOci ott of 36th SSttuarmr baugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Baldwin Barnes Bowen Collins Coverdell (excused)

Deal Edge Howard Kennedy

McKenzie Peevy Shumake Tate

On the passage of all the local bills, the yeas were 43, nays 0.

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

SENATE RULES CALENDAR
Thursday, February 9, 1989
TWENTY-FIRST LEGISLATIVE DAY
HB 56 Department of Natural Resources--proceeds from purchase of waterfowl stamps (Nat R--20th) BILL PLACED ON CALENDAR FOR THE PURPOSE OF ENTERTAINING A MOTION TO DISAGREE WITH THE REPORT OF THE COMMITTEE WHICH WAS UNFAVORABLE TO THE PASSAGE OF THE BILL.

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HB 157 Estates--determining nursing home patient residence (Substitute) (Judy--27th)
HB 271 Churches--increase occupant load (U&CA G--50th) HB 381 Supplementary Appropriations--fiscal year ending 6/30/89 (Approp--44th)
HB 107 Executive Probate Judges Council--election of 3 members at large (Judy--42nd) SB 232 Fair Employment Practices Act of 1989 (Substitute) (Amendments) (Gov Op--
3rd)
SB 68 Driver's License Suspension--one year for juvenile driving under the influence (Substitute) (S Judy--30th)
SB 186 Bad Check--lien on merchandise (Judy--47th)
SB 187 Commercial Paper--affidavit on reason for dishonor (Substitute) (Judy--47th) SB 200 Driving Recklessly or with License Suspended--incarceration, fine (Judy--44th)
SB 207 Personal Injury Action--by minor child through guardian (S Judy--52nd) SB 216 Witnesses--determinations of credibility (Substitute) (S Judy--45th) SB 230 Architects--change provisions on examinations (I&L--1st)
SB 235 Mental Illness--define "traumatic brain injury" (Hum R--21st)
SB 244 City Government--additional authority to serve summons (U&CA G--38th) SB 255 Offenses Bailable Only Before Superior Court Judge--hearings (Substitute)
(Judy--49th)
SB 261 Fire, Other Hazards--provisions on requiring special construction standards (I&L--13th)
SB 264 Pawnbrokers--legal rate of interest (I&L--45th) SB 277 Sunday Alcoholic Beverage Sale--certain county/city inns, restaurants (C Aff--
23rd)
HB 19 Criminal Case Arraignment--notice of date (Judy--49th) HB 106 Civil Trials--retaining alternate jurors until verdict (Judy--49th)
HB 163 Metropolitan Area Planning and Development Commissions--operating funds (U&CA G--43rd)
HB 191 Superior Court Judges--pay level of certain reemployed secretaries (Judy--20th) HB 288 County Surveyors--appointed by governing authority (U&CA G--48th)
HB 414 Relocation Assistance--those displaced by federal aid projects (Amendment) (U&CA G--27th)
Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman
Senate Rules Committee
Senator Gillis of the 20th moved that the Senate disagree with the committee report which was adverse to the passage of the following bill of the House:
HB 56. By Representatives Rainey of the 135th, Walker of the 115th, Groover of the 99th, Barfoot of the 120th and Titus of the 143rd: A bill to amend Code Section 27-1-6 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, so as to permit the placing of the proceeds from the mandatory purchase of official Geor gia waterfowl stamps in the Waterfowl Stamp Fund; to amend Code Section 272-6 of the Official Code of Georgia Annotated, relating to trout stamps and big game licenses, so as to make it unlawful, subject to certain exceptions, to hunt ducks, geese, and swans without an official Georgia waterfowl stamp.

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The President put the motion, "Shall the committee report which was adverse to the passage of HB 56 be agreed to?"
On the motion,the yeas were 0, nays 39; the motion was lost, and the committee report which was adverse to the passage of HB 56 was disagreed to.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 157. By Representatives Ray of the 98th, Pinkston of the 100th, Groover of the 99th, Jenkins of the 80th and Crawford of the 5th:
A bill to amend Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administrations of estates in general, so as to specify provisions governing territorial jurisdiction of probate courts over the estates of decedents; to provide for the determination of residence of decedents who were under the care of a nursing home or other similar facility.
Senate Sponsor: Senator Harris of the 27th.
The Senate Judiciary Committee offered the following substitute to HB 157:
A BILL
To be entitled an Act to amend Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administrations of estates in general, so as to specify provisions governing territorial jurisdiction of probate courts over the estates of decedents; to provide for the determination of residence of decedents who were under the care of a nursing home or other similar facility; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administrations of estates in general, is amended by adding a new Code Section 53-1-5 to read as follows:
"53-1-5. (a) For purposes of determining the county in which jurisdiction is proper in proceedings to probate a will or administer an estate, the provisions of this Code section shall govern the determination of the residence of a decedent who was in the care of a nursing home or other similar facility at the time of death.
(b) A person in the care of a nursing home or other similar facility at the time of such person's death shall be presumed to be a resident of the county in which such person re sided immediately before entering such nursing home or other similar facility; provided, however, this presumption may be rebutted. If it is determined by the probate court that such person considered, or in the absence of an impairment of such person's mental facul ties would have considered, another county to be such person's home county, then such other county shall for the purposes of this Code section be considered to be such person's county of residence."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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589

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes
owen Bgo ronu, nnn Q
Dawkins D ean Echols English Engram Fincher

Foster Fuller Garner
Gillis Hammill
Harris J.K,oehnnnseodn,y Kidd
Land Langford Newbill Olmstead Parker Perry

Phillips Pollard Ragan of 10th
Ragan of 32nd Ray
Scott of 2nd So Shcouutmt aiokfe36th Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Coleman Collins Coverdell (excused) Deal

Edge Howard Huggins

McKenzie Peevy Starr

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

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

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

HB 271. By Representatives Jamieson of the llth, Dover of the llth, Smith of the 78th, Barnett of the 10th, Porter of the 119th and McDonald of the 12th:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property, so as to increase the applicable occupant load with respect to churches.
Senate Sponsor: Senator Foster of the 50th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman

Dawkins Dean Echols English Engram Foster Fuller Gillis Hammill Harris Huggins

Johnson Kidd Land Langford Newbill Olmstead Parker Perry Phillips Pollard Ragan of 10th

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Ragan of 32nd Ray Scott of 2nd Scott of 36th

Shumake Stumbaugh Tate Taylor

Timmons Turner Tysinger Walker

Those not voting were Senators:

Collins Coverdell (excused) Deal Edge

Fincher Garner Howard Kennedy (presiding)

McKenzie Peevy Starr

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

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

HB 381. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th and Coleman of the 118th:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1989, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.
Senate Sponsor: Senator Starr of the 44th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Burton

Fincher Fuller Garner Gillis Hammill Harris Huggins

CDoawlekminans Deal
Dean Echols English Engram

KLaidndd Langford
McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 32nd R Scott of 2nd
Scott of 36th Shumake Stumbaugh
Tate Taylor Turner Walker

Those not voting were Senators:

Brannon Broun Collins Coverdell (excused)

Edge Foster Howard Kennedy (presiding)

Ragan of 10th Starr Timmons Tysinger

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

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

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Senator Phillips of the 9th moved that Senator Coverdell of the 40th be excused from all roll calls today due to his being absent from the Senate because of the hearings on his confirmation as Director of the Peace Corps.

On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Coverdell of the 40th was excused from all roll calls in the Senate today.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

HB 131. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that no license plate or revalidation decal shall be issued for a rebuilt or salvage vehicle unless such vehicle has been inspected and found in compliance with the law; to repeal Code Section 48-10-3.1 of the Official Code of Georgia Annotated, relating to the issuance of temporary registration permits.

The House amendment was as follows:
Amend the substitute to HB 131 offered by the Senate by inserting on line 29, page 3, after the word "the" the following:
"spouse,".

Senator Coleman of the 1st moved that the Senate agree to the House amendment to the Senate substitute to HB 131.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Burton Coleman Dawkins Deal Dean Echols Edge English Engram Fincher

Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Broun Clay

Collins Coverdell (excused) Garner Kennedy (presiding)

Ragan of 10th Starr Stumbaugh

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 131.

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The following general bills of the House and Senate, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 107. By Representatives Oliver of the 53rd and Martin of the 26th:
A bill to amend Article 5 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the Executive Probate Judges Council of Georgia, so as to provide that three members from the state at large be elected by the probate judges at the annual spring business meeting of The Council of Probate Court Judges of Georgia.
Senate Sponsor: Senator Howard of the 42nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Burton Coleman Deal Dean Echols Edge Engram Fincher Foster Fuller

Garner Gillis Hammill Harris Howard Johnson Kidd Land
Langford McKenzie Newbill Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Broun Clay

Collins Coverdell (excused) Dawkins English

Huggins Kennedy (presiding) Starr Stumbaugh

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 232. By Senators Scott of the 2nd, Allgood of the 22nd, Hammill of the 3rd and others:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for equal employment opportuni ties without regard to certain factors and conditions; to provide a short title; to provide for legislative intent; to provide for definitions; to prohibit certain em ployment related conduct and permit other such conduct.

Senator Hammill of the 3rd offered the following amendment:
Amend SB 232 by deleting on page 6, line 15, the word, "martial", and inserting in lieu thereof the word, "marital".

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593

Senator Hammill of the 3rd asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment offered by Senator Hammill of the 3rd was withdrawn.
Senator Hammill of the 3rd offered the following amendment:
Amend SB 232 by deleting the words and symbol "personal appearance," from wher ever it appears on line 26 of page 1; line 27 on page 5; lines 5, 15, 16, and 27 on page 6; lines 8, 9, 23, and 24 on page 7; lines 7, 12, and 13 on page 8; lines 10 and 14 on page 9; lines 20 and 26 on page 10; and line 1 on page 11.
By deleting lines 16 through 30 on page 4 and by renumbering paragraph (11) on line 31 of page 4, paragraph (12) on line 11 of page 5, and paragraph (13) on line 13 of page 5 as paragraphs (10), (11), and (12), respectively.
Senator Hammill of the 3rd asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment offered by Senator Hammill of the 3rd was withdrawn.
Senator Shumake of the 39th offered the following amendment:
Amend SB 232 by inserting between lines 30 and 31 of page 8 the following:
"(g) It shall be an unlawful employment practice for an employer to discriminate against any individual because of such individual's race, color, religion, sex, or national ori gin in the purchasing of goods and services for business or industry use by the employer from such individual as vendor."
By redesignating "(g)" on line 31 of page 8 as "(h)".
By redesignating "(h)" on line 14 of page 10 as "(i)".
Senator Shumake of the 39th asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment offered by Senator Shumake of the 39th was withdrawn.
Senator Hammill of the 3rd offered the following substitute to SB 232:
A BILL
To be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for equal employment opportuni ties without regard to certain factors and conditions; to provide a short title; to provide for legislative intent; to provide for definitions; to prohibit certain employment related conduct and permit other such conduct; to prohibit discrimination and retaliation; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by adding immediately following Chapter 6A a new Chapter 6B to read as follows:
"CHAPTER 6B
34-6B-1. This chapter shall be known and may be cited as the 'Fair Employment Prac tices Act of 1989.'
34-6B-2. It is declared to be the policy of the State of Georgia, in the exercise of its police power for the protection of the public safety, public health, and general welfare; for the maintenance of business and good government; and for the promotion of the state's trade, commerce, and manufacturers, to assure all persons equal opportunity in receiving employment regardless of race, color, religion, national origin, or sex and to that end to

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prohibit discrimination in employment by any person, group, labor organization, or any other employer or his agents.
34-6B-3. As used in this chapter, the term:
(1) 'Educational institution' means any public or private educational institution includ ing an academy, college, elementary or secondary school, extension course, kindergarten, nursery school, school system, or university or any business, nursing, professional, secreta rial, technical, or vocational school and includes any agent of any educational institution.
(2) 'Employee' means an individual employed by an employer, except that 'employee' does not include any person elected to public office or any person chosen by such public officer to be on such public officer's personal staff or any appointee in a policy-making level or any immediate advisor with respect to the exercise of the constitutional or legal powers of the office. The exception provided for in this paragraph does not include employees subject to the state or local civil service laws.
(3) 'Employer' means a person engaged in an industry or business who employs 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person; such term includes the State of Georgia to the extent as may be provided in this chapter, but such term does not include a bona fide private membership club, other than a labor organization, which is exempt from taxation under section 502(c) of the Internal Revenue Code of 1954.
(4) 'Employment agency' means any person regularly undertaking with or without com pensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of any such person but shall not include an agency of the United States or an agency of the State of Georgia or any political subdivision thereof, except such term shall include the United States employment service and the sys tem of state and local employment services receiving federal assistance.
(5) 'Labor organization' means a labor organization engaged in an industry and any agent of such an organization and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employ ees participate and which exists for the purpose, in whole or in part, of dealing with employ ers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or condi tions or employment and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization.
(6) 'Persons' means one or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unin corporated organizations, trustees, trustees in bankruptcy, or receivers.
(7) 'Religion' means all aspects of religious observances and practice, as well as belief, except in those cases when the observance, practice, or belief cannot be reasonably accom modated by an employer without causing undue hardship on the conduct of the employer's business.
34-6B-4. (a) It shall be an unlawful employment practice for an employer:
(1) To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or
(2) To limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or would otherwise adversely affect his status as an employee because of the individual's race, color, religion, sex, or national origin.
(b) It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin.
(c) It shall be an unlawful employment practice for a labor organization:

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(1) To exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin;
(2) To limit, segregate, or classify its membership or to classify or fail or refuse to refer for employment any individual in any way which would deprive or tend to deprive such individual of employment opportunities or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment be cause of such individual's race, color, religion, sex, or national origin; or
(3) To cause or attempt to cause an employer to discriminate against an individual in violation of this Code section.
(d) It shall be an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retrain ing, including on-the-job training programs, to discriminate against any individual because of his race, color, religion, sex, or national origin in the admission to or employment in any program established to provide apprenticeship or other training.
(e) It shall be an unlawful employment practice for an employer, labor organization, or employment agency to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classi fication or referral for employment by such a labor organization or relating to any classifica tion or referral for employmnet by such an employment agency indicating any preference, limitation, specification, or discrimination based on race, color, religion, sex, or national ori gin. However, such a notice or advertisement may indicate a preference, limitation, specifi cation, or discrimination based on religion, sex, or national origin when religion, sex, or na tional origin is a bona fide occupational qualification for employment.
(f) It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discrimi nate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership because he or she has opposed any practice made an unlawful employment practice by this chapter or because he or she has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.
(g) Notwithstanding any other provision of this chapter to the contrary:
(1) It shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labar-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program on the basis of sex, religion, or national origin in those instances where sex, religion, or national origin is a bona fide occupational qualification rea sonably necessary for the normal operation of that particular business or enterprise;
(2) It shall not be an unlawful employment practice for an employer to establish stan dards concerning an employee's dress and grooming if the standards are directly related to the nature of the employment;
(3) It shall not be an unlawful employment practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university, or other educational institution or insti tution of learning is, in whole or in substantial part, owned, supported, controlled, or man aged by a corporation, association, or society devoted to the propagation of such religion or if the curriculum of such school, college, university, or other educational institution or insti tution of learning is directed toward the propagation of such religion; and
(4) It shall not be unlawful for an employer, employment agency, or labor organization to observe the terms of a bona fide seniority system or any bona fide employee benefit plan, such as a retirement, pension, or insurance plan, which is not a subterfuge to evade the

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purposes of this chapter; provided, however, that no employee benefit plan shall excuse the failure to hire any individual.
(h) Nothing contained in this chapter shall be construed so as to require any employer, employment agency, labor organization, or joint labor-management committee subject to the provisions of this chapter to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, or national origin of the individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by an employer, referred or classified for employment by any employment agency or labor organization, admitted to membership in or classified by any labor organization, or admitted to or employed in any apprenticeship or other training program, in comparison with the total number or percent age of persons of such race, color, religion, sex, or national origin in any community, state, region, or other area or in the available work force in any community, state, region, or other area.
34-6B-5. Nothing contained in this chapter shall be deemed to repeal any other nonconflicting law of this state relating to discrimination because of race, color, religion, sex, or national origin.
34-6B-6. No claim of any unlawful practice shall be filed under the authority of this chapter while a claim of the same person seeking relief for the same grievance is pending. A final determination of a claim alleging an unlawful practice under this chapter shall exclude any other action or proceeding brought by the same person based on the same evidence."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to SB 232 offered by Senator Hammill of the 3rd by striking the quotation mark on page 8, line 15, and
by inserting between lines 15 and 16 on page 8 the following:
"34-6B-7. Any person alleging an unlawful practice under this chapter shall, prior to filing a claim, elect to pursue a remedy under the provisions of Title VII of the federal Civil Rights Act of 1964, as amended, or under the provisions of this chapter.' "
On the adoption of the amendment offered by Senator Barnes of the 33rd, the yeas were 37, nays 0, and the amendment was adopted.
Senators Hammill of the 3rd and Fuller of the 52nd offered the following amendment:
Amend the substitute to SB 232 offered by Senator Hammill of the 3rd by striking the quotation mark on line 15 of page 8, and
by inserting between lines 15 and 16 on page 8 the following:
"34-6B-7. All the provisions of this chapter shall also apply to persons having a physical handicap which is of such a nature and extent so as not to preclude reasonably the perform ance of the duties of such person's employment so that all the rights granted to other per sons in this chapter shall be equally granted to persons who are physically handicapped.' "
On the adoption of the amendment offered by Senators Hammill of the 3rd and Fuller of the 52nd, the yeas were 36, nays 1, and the amendment was adopted.
Senator Edge of the 28th offered the following amendment:
Amend the substitute to SB 232 offered by Senator Hammill of the 3rd by striking on page 6 on line 28 beginning with the word "if through the word "employment" on line 30 of page 6.

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On the adoption of the amendment offered by Senator Edge of the 28th, the yeas were 40, nays 2, and the amendment was adopted.

Senator Shumake of the 39th offered the following amendment:
Amend the substitute to SB 232 offered by Senator Hammill of the 3rd by inserting between lines 7 and 8 of page 6 the following:
"(g) It shall be an unlawful employment practice for an employer to discriminate against any individual because of such individual's race, color, religion, sex, or national ori gin in the purchasing of goods and services for business or industry use by the employer from such individual as vendor."
By redesignating "(g)" on line 8 of page 6 as "(h)";
By redesignating "(h)" on line 20 of page 7 as "(i)".

On the adoption of the amendment offered by Senator Shumake of the 39th, the yeas were 1, nays 38, and the amendment was lost.

On the adoption of the substitute, the yeas were 31, nays 1, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker
Barnes Bowen Brannon Broun Clay Collins Dean Echols Edge English Engram

Fincher Fuller Garner Gillis Hammill Harris Howard Huggins Johnson
Kidd Land Langford McKenzie Olmstead

Parker Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Walker

Those voting in the negative were Senators:

Baldwin Burton Dawkins Deal

Foster Newbill Peevy Perry

Phillips Turner Tysinger

Those not voting were Senators:

Coleman Coverdell (excused)

Kennedy (presiding)

Starr

On the passage of the bill, the yeas were 41, nays 11.

The bill, having received the requisite constitutional majority, was passed by sub-

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stitute.
Senator Scott of the 2nd moved that SB 232 be immediately transmitted to the House.
On the motion, the yeas were 28, nays 1; the motion prevailed, and SB 232 was immedi ately transmitted to the House.
Senator Garner of the 30th introduced the doctor of the day, Dr. Raymond L. Fowler, of Douglasville, Georgia.
The President resumed the Chair.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 68. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the mandatory one-year sus pension of driver's licenses or permits of juveniles found to have committed cer tain delinquent acts; to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for the mandatory one-year suspension of driver's licenses.
The Senate Committee on Special Judiciary offered the following substitute to SB 68:
A BILL
To be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to require suspension of a juvenile's driv ing privileges upon conviction of an offense involving alcohol or drugs; to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, so as to require suspension of the license of a person 18 years of age or under upon conviction of any offense involving alcohol or drugs; to provide for procedures and exceptions; to provide for all related matters; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking subsection (b) of Code Section 15-11-35, relat ing to disposition of a delinquent child, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) At the conclusion of the adjudicatory hearing, if the child is found to have commit ted a delinquent act, the court may, and in the case of a child found to have committed a delinquent act involving the unlawful use or possession of alcohol or drugs, the court shall, in addition to any other treatment or rehabilitation, suspend the driver's license of such child for any period not to exceed the date on which the child becomes 18 years of age or, in the case of a child who does not have a driver's license, prohibit the issuance of a driver's license to such child for any period not to exceed the date on which the child becomes 18 years of age. The court shall retain the driver's license for a period of suspension and return it to the offender at the end of such period. The court shall notify the Department of Public Safety of any such actions taken pursuant to this subsection."
Section 2. Said chapter is further amended by striking paragraph (2) of subsection (f) of Code Section 15-11-49, relating to juvenile traffic offenses, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Suspend the child's privilege to drive under stated conditions and limitations for a

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period not to exceed that authorized for an adult for the conviction of a like offense; pro vided, however, that if the child is found to have committed the offense of driving under the influence of alcohol or drugs, the court shall suspend the child's privilege to drive under stated conditions and limitations until such child reaches the age of 18 years;".
Section 3. Article 3 of Chapter 5 of Title 40, relating to cancellation, suspension, and revocation of drivers' licenses, is amended by adding at the end of said article a new Code Section 40-5-67 to read as follows:
"40-5-67. (a) Notwithstanding any other provision of this chapter, any person 18 years of age or under who is convicted of any offense involving the use or possession of drugs or alcohol, whether or not such offense involved the operation of a motor vehicle, shall have his or her driver's license suspended until age 19, or longer, if so provided by any other law. Any person 18 years or under who does not possess a driver's license and who is convicted of an offense involving alcohol or drugs shall not be issued a license until such person reaches the age of 19.
(b) Any person whose driving privilege is suspended pursuant to this Code section nay be issued a probationary driver's license if:
(1) Such person has not been convicted or pleaded nolo contendere to any charge in volving alcohol or drugs for a period of six months immediately preceding the application for a probationary driver's license;
(2) Such person has successfully completed, within six months prior to the issuance of the probationary driver's license, a driver improvement program or course, or an alcohol or drug treatment course or program, or both, designated by the department;
(3) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and
(4) Refusal to issue a probationary driver's license would cause extreme hardship to the applicant. For the purposes of this subsection, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and therefore, the applicant would be prohibited from:
(A) Going to his place of employment;
(B) Receiving scheduled medical care or obtaining prescription drugs; or
(C) Attending a college or school at which he is regularly enrolled as a student.
(c) Application for a probationary driver's license shall be made upon such forms as the commissioner may prescribe. Such forms shall require such information as is necessary for the department to determine the need for such license. All applications shall be signed by the applicant before a person authorized to administer oaths.
(d) Upon compliance with the above conditions and the payment of a $20.00 fee, such person may be issued a probationary driver's license by the department.
(e) A probationary driver's license shall be endorsed with such conditions as the com missioner deems necessary to ensure that such license will be used by the licensee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions:
(1) Specific places between which the licensee may be allowed to operate a motor vehicle;
(2) Routes to be followed by the licensee;
(3) Times of travel;
(4) The specific vehicles which the licensee may operate; and
(5) Such other restrictions as the department may require.
(f) (1) Any probationary licensee violating the provisions of subsection (e) of this Code

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section or operating a vehicle in violation of any conditions specified in this Code section shall be guilty of a misdemeanor.
(2) Any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, any state law or local ordinance involving an offense listed in Code Section 40-5-54, Code Section 40-5-121, or Code Section 40-6-391 or any probation ary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, the conditions endorsed on his license, shall have his license revoked by the de partment. Any court in which such conviction is had or in which said nolo contendere plea is accepted shall require the licensee to surrender the license to the court. The court shall forward the license to the department within ten days after the conviction or acceptance of the plea, with a copy of the conviction.
(g) Any person 18 years of age or under who possesses a probationary license issued pursuant to this Code section shall have his license revoked by the department. Any court in which such conviction is had shall require the licensee to surrender the license to the court. The court shall forward the license to the department within ten days of the conviction with a copy of the conviction.
(h) Any person whose probationary license has been revoked shall not be eligible to apply for a subsequent probationary license."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon
proun
Coleman Collins rjeai Echols Edge English Engram

Fincher Foster Fuller
Garner Gillis Hammill
Harris Howard
Muggins Johnson Kennedy Kidd Land McKenzie Newbill

Parker Perry Phillips
Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Tysinger Walker

Voting in the negative were Senators Dawkins and Peevy.

Those not voting were Senators:

Albert Coverdell (excused) Dean

Langford Olmstead Pollard

Starr Turner

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601

On the passage of the bill, the yeas were 46, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 186. By Senators Johnson of the 47th, Albert of the 23rd, Olmstead of the 26th and Phillips of the 9th:
A bill to amend Part 10 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous liens, so as to provide that a payee shall have a lien on merchandise when a bad check is used to purchase merchandise or services rendered on merchandise; to define the term "bad check"; to provide for the priority and perfection of such a lien.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Burton Clay Coleman Collins Deal Edge English Engram Fincher

Foster Fuller Garner Gillis Hammill Harris Howard Johnson Kennedy Kidd Newbill Parker Peevy Perry

Those not voting were Senators:

Allgood Broun Coverdell (excused) Dawkins Dean

Echols Huggins Land Langford

Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Tate Taylor Timmons Turner Tysinger Walker
McKenzie Olmstead Starr Stumbaugh

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 187. By Senators Johnson of the 47th, Albert of the 23rd, Dawkins of the 45th and others:
A bill to amend Code Section 11-3-508 of the Official Code of Georgia Annotated, relating to notice of dishonor under the "Uniform Commercial Code--Commer cial Paper" article, so as to provide that upon request of any party to an instru ment, the drawee shall provide an affidavit giving the specific reason for dishonor.

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The Senate Committee on Judiciary offered the following substitute to SB 187:

A BILL
To be entitled an Act to amend Code Section 11-3-508 of the Official Code of Georgia Annotated, relating to notice of dishonor under the "Uniform Commercial Code--Commer cial Paper" article, so as to provide that upon request of any party to an instrument, the drawee shall provide a statement to the requesting party giving the specific reason for dis honor, and the drawee shall have no additional liability to the drawer as a result of such statement; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 11-3-508 of the Official Code of Georgia Annotated, relating to notice of dishonor under the "Uniform Commercial Code--Commercial Paper" article, is amended by striking subsection (3) in its entirety and inserting in lieu thereof a new subsec tion (3) to read as follows:
"(3) Notice may be given in any reasonable manner. It may be oral or written and in any terms which identify the instrument and state that it has been dishonored. A misdescription which does not mislead the party notified does not vitiate the notice. Sending the instrument bearing a stamp, ticket, or writing stating that acceptance or payment has been refused or sending a notice of debit with respect to the instrument is sufficient. Upon re quest of any party to the instrument, the drawee shall provide a statement to the requesting party giving the specific reason for dishonor, and the drawee shall have no additional liabil ity to the drawer as a result of such statement."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Bowen Brannon Broun Burton C lav CCoollleimnsan
Dawkins Deal Dean Echols Edge Engram

Fincher Foster Fuller Garner Hammill Harris juggins Jhnson, KKeidndnedy
Land McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32n(] ^ gcott of 2nd Scott of 36th S_.tumb, augh,
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Barnes Coverdell (excused)

English Gillis Howard

Langford Shumake Starr

THURSDAY, FEBRUARY 9, 1989

603

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed by sub stitute.

SB 200. By Senators Starr of the 44th, Deal of the 49th and Collins of the 17th:
A bill to amend Code Section 40-5-121 of the Official Code of Georgia Annotated, relating to driving a motor vehicle while license suspended or revoked, and Code Section 40-6-390, relating to the serious offense of reckless driving, so as to change the periods of incarceration and the amounts of fines which may be im posed for violations of said Code sections.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge

English Engram Fuller Garner Hammill Harris Howard Huggins Johnson Kennedy Land Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Voting in the negative was Senator Kidd.

Those not voting were Senators:

Barnes Coverdell (excused) Fincher

Foster Gillis Langford

McKenzie Shumake Taylor

On the passage of the bill, the yeas were 46, nays 1.

The bill, having received the requisite constitutional majority, was passed.

SB 207. By Senators Fuller of the 52nd, Peevy of the 48th, Dawkins of the 45th and Edge of the 28th:
A bill to amend Code Section 29-4-2 of the Official Code of Georgia Annotated, relating to natural guardians of minor children, so as to provide that where a personal injury action is brought by a minor child through a natural guardian as next friend, and where the injuries are not permanent in nature, the trial judge may authorize such natural guardian to compromise such claim and to receive sums paid pursuant to a compromise of judgement without filing a bond.

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JOURNAL OF THE SENATE

Senator Fuller of the 52nd offered the following substitute to SB 207:
A BILL
To be entitled an Act to amend Code Section 29-4-2 of the Official Code of Georgia Annotated, relating to natural guardians of minor children, so as to provide that where a personal injury action is brought by a minor child through a natural guardian as next friend, and where the amount in controversy is $20,000.00 or less, the trial judge may authorize such natural guardian to compromise such claim and to receive sums paid pursuant to a compromise or judgment without filing a bond; to provide that where the amount in contro versy exceeds $20,000.00 or where the trial judge otherwise requires a bond, the natural guardian shall file a bond with the judge of the probate court; to provide that the trial judge shall set the amount of any such bond; to provide that such natural guardian shall submit an annual report as required by the judge of the probate court; to provide that the judge of the probate court may authorize any natural guardian to compromise such claim not exceed ing $20,000.00 and to receive such sum without filing a bond; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 29-4-2 of the Official Code of Georgia Annotated, relating to natural guardians of minor children, is amended by inserting immediately following subsec tion (c) a new subsection (d) to read as follows:
"(d) Notwithstanding any provision in this Code section to the contrary, if the claim of a minor child arises from a personal injury sustained by such child, the following provisions shall apply:
(1) If legal action has been initiated against the tort-feasor for recovery of damages through a natural guardian as next friend, and the amount in controversy is $20,000.00 or less, the judge before whom such action is pending may, in his discretion, authorize such natural guardian to compromise and terminate such claim and to receive any sums paid pursuant to a compromise or judgment without filing any bond; in cases in which the amount in controversy exceeds $20,000.00, or where the trial judge otherwise requires a bond, the natural guardian shall file with the judge of the probate court a bond in an amount set by the trial judge prior to compromising or terminating such claim or receiving any sums paid pursuant to a compromise or judgment, and the natural guardian shall make such annual report as the probate judge may require; and
(2) If legal action has not been initiated, the judge of the probate court may, in his discretion, authorize any natural guardian to compromise and terminate any claim not ex ceeding $20,000.00 without filing a bond."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.
The President announced that, pursuant to Senate Rule 143, consideration of the sub stitute and bill would be suspended and placed on the Senate General Calendar.
SB 216. By Senators Dawkins of the 45th, Starr of the 44th and Kennedy of the 4th:
A bill to amend Article 1 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to competency of witnesses to testify, so as to redefine what persons are competent and compellable to testify in the courts and tribunals of this state and provide for determinations of credibility; to repeal specifically Code Section 24-9-5-, relating to competency of persons without use of reason.

THURSDAY, FEBRUARY 9, 1989

605

The Senate Committee on Special Judiciary offered the following substitute to SB 216:

A BILL
To be entitled an Act to amend Article 1 of Chapter 9 of Title 24, relating to compe tency of witnesses, so as to provide that in cases of child molestation and other criminal cases in which a child was a victim or a witness, such child shall be competent to testify and his credibility shall be determined by the trier of fact; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 9 of Title 24, relating to competency of witnesses, is amended by striking in its entirety Code Section 24-9-5, relating to competency to testify of persons without use of reason, and inserting in lieu thereof a new Code Section 24-9-5 to read as follows:
"24-9-5 (a) Except as provided in subsection (b) of this Code section, persons who do not have the use of reason, such as idiots, lunatics during lunacy, and children who do not understand the nature of an oath, shall be incompetent witnesses.
(b) Notwithstanding the provisions of subsection (a) of this Code section, in all cases involving child molestation, and in all other criminal cases in which a child was a victim of or a witness to any crime, any such child shall be competent to testify, and his credibility shall be determined as provided in Article 4 of this chapter."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen
BTM""n ,BP,Iurt. on Coleman Collins Dawkins Peal Dean Edge Engram

Fincher Foster Fuller Gillis Hammill Harris
Howard JH,ouh, g5ng5sionns Kennedy Kidd Land McKenzie Newbill Olmstead Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 36th Sh,,,thaurmr ake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Coverdell (excused) Echols English

Garner Langford

Parker Scott of 2nd

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

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JOURNAL OF THE SENATE

SB 230. By Senators Coleman of the 1st, Dean of the 31st, Allgood of the 22nd and others:
A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, so as to define certain terms; to change certain provisions relating to examinations; to change parameters of what constitutes the practice of architecture.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge

English Engram Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kennedy Kidd Land McKenzie

Those not voting were Senators:

Brannon Broun Coverdell (excused) Fincher Harris

Langford Parker Peevy Pollard

Newbill Olmstead Perry Phillips Ragan of 10th Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger
Ragan of 32nd Ray Timmons Walker

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 244. By Senator Tate of the 38th:
A bill to amend Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to powers relating to the administration of municipal government gener ally, so as to provide for additional authority to serve any process, summons, notice, or order under certain circumstances.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

THURSDAY, FEBRUARY 9, 1989

607

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Bwen
JBp?iruorutonn
Coleman C 0 Hi ns
Dawkins D ea i Dean Echols Edge English

Engram Foster Garner Gillis
Hammill Harris
HIMTouwggairnds
Johnson Kennedy
Kidd Land McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard
Ragan of 10th Ray
oSm ncuomtt iaokfe36th
fterr Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Coverdell (excused) Fincher

Fuller Langford

Ragan of 32nd Scott of 2nd

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 255. By Senator Deal of the 49th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bailable offenses, so as to change certain procedural requirements for hearings on offenses bailable only before a judge of the superior court.

The Senate Committee on Judiciary offered the following substitute to SB 255:

A BILL
To be entitled an Act to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bailable offenses, so as to change certain procedural requirements for hearings on offenses bailable only before a judge of the superior court; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bailable offenses, is amended by striking subsection (c) of said Code section which reads as follows:
"(c) When a hearing is held pursuant to Code Section 17-4-26 or 17-4-62 for a person charged with any offense which is bailable only before a judge of the superior court as pro vided in subsection (a) of this Code section, the presiding judicial officer shall notify the superior court in writing within 48 hours that the arrested person is being held without bail. The superior court shall notify the district attorney and shall set a date for a hearing on the issue of bail within 20 days after the receipt of such notice.",
and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) In the event a person is detained in a facility other than a municipal jail for an offense which is bailable only before a judge of the superior court, as provided in subsection (a) of this Code section, and a hearing is held pursuant to Code Section 17-4-26 or 17-4-62,

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the presiding judicial officer shall notify the superior court in writing within 48 hours that the arrested person is being held without bail. If the detained person has not already peti tioned for bail as provided in subsection (d) of this Code section, the superior court shall notify the district attorney and shall set a date for a hearing on the issue of bail within 20 days after receipt of such notice;
(2) In the event a person is detained in a municipal jail for an offense which is bailable only before a judge of the superior court as provided in subsection (a) of this Code section for a period of 20 days, the municipal court shall notify the superior court in writing within 48 hours that the arrested person has been held for such time without bail. If the detained person has not already petitioned for bail as provided in subsection (d) of this Code section, the superior court shall notify the district attorney and set a date for a hearing on the issue of bail within 20 days after receipt of such notice;
(3) Notice sent to the superior court pursuant to paragraphs (1) or (2) of this subsection shall include any incident reports and criminal history reports relevant to the detention of such person."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 28, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton
Collins Dawkins Deal Dean Echols Edge English

Engram Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kennedy Kidd McKenzie Newbill Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Stumbaugh Taylor
Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Clay Coleman Coverdell (excused)

Fincher Harris Land Langford

Olmstead Ray Starr Tate

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

THURSDAY, FEBRUARY 9, 1989

609

SB 261. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation, etc., of fire and other hazards to persons and property generally, so as to change the provisions relating to buildings presenting special hazards to persons or property and requiring special standards of construction and maintenance; to change certain provisions relating to shopping centers and malls.
Senator Bowen of the 13th offered the following amendment:
Amend SB 261 by adding on page 3, line 27, after "25-2-22.1." the following: "(a)".

On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
owen ^ rannon
Coleman Collins Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller
Garner Gillis
Hammill Huggins Johnson Kidd Land Langfoid McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard
Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Coverdell (excused) Harris Howard

Kennedy (presiding) Ray

Shumake Starr

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 264. By Senator Dawkins of the 45th:
A bill to amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to provide for definitions; to provide for the legal rate of interest and pawnshop charge which may be charged by a pawnbroker; to provide that amounts in excess of the legal interest rate and pawnshop charge shall be uncollectable and shall void the pawn transaction.

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Fuller Garner Gillis Hammill Huggins Johnson Kidd Land Langford McKenzie

Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 36th Starr Timmons Turner Tysinger Walker

Those not voting were Senators:

Coverdell (excused) Harris Howard Kennedy (presiding)

Ray Scott of 2nd Shumake

Stumbaugh Tate Taylor

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 277. By Senator Albert of the 23rd:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages, so as to provide that the governing authorities of certain counties and municipalities may authorize the sale of alcoholic beverages during certain hours in certain es tablishments on Sunday; to provide for an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Broun Clay Coleman Dawkins Dean Edge English

Engram Garner Hammill Harris Johnson Kidd Land Langford Newbill

Olmstead Peevy Phillips Scott of 2nd Scott of 36th Shumake Turner Tysinger Walker

THURSDAY, FEBRUARY 9, 1989

611

Those voting in the negative were Senators:

Baldwin Barnes
Bwen Brannon Burton Collins Deal Echols

Fincher Foster
Fuller ,,.,,. TM. Huggms McKenzie Parker

Perry Pollard
Ragan of 10th D ^ Starr Taylor Timmons

Those not voting were Senators:

Allgood Coverdell (excused) Howard

Kennedy (presiding) Ragan of 32nd

Stumbaugh Tate

On the passage of the bill, the yeas were 27, nays 22.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Albert of the 23rd gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 277.

Senator Fincher of the 54th introduced Chastity Carol Waters, who, having been com mended by SR 107 adopted previously, briefly addressed the Senate.

The President resumed the Chair.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 519. By Representatives Dunn of the 73rd, Robinson of the 96th, Pettit of the 19th, Walker of the 115th, Lee of the 72nd and others:
A bill to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding property, so as to provide that no cause of action shall arise against the owner of real property or the agent of such owner for the failure to disclose to a purchaser or prospective purchaser of such prop erty that the property was occupied by a person having certain diseases or was the site of a homicide or other felony or a suicide.

The following bill of the House was read the first time and referred to committee:

HB 519. By Representatives Dunn of the 73rd, Robinson of the 96th, Pettit of the 19th and others:
A bill to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding property, so as to provide that no cause of action shall arise against the owner of real property or the agent of such owner for the failure to disclose to a purchaser or prospective purchaser of such prop-

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JOURNAL OF THE SENATE

erty that the property was occupied by a person having certain diseases or was the site of a homicide or other felony or a suicide.
Referred to Committee on Judiciary.

The following general bills of the House and Senate, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 19. By Representatives Bostick of the 138th and Groover of the 99th:
A bill to amend Code Section 17-7-91 of the Official Code of Georgia Annotated, relating to the establishment of a date of arraignment in criminal cases, so as to change the provisions regarding notice of the date which has been fixed for arraignment.
Sseennate Sponsor: Sseennator Deal orf the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Edge English

Engram Fincher Gillis Hammill Harris Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Coleman Coverdell (excused)

Foster Fuller Garner Howard

Langford Scott of 2nd Tate

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

HB 106. By Representatives Oliver of the 53rd, Baker of the 51st and Groover of the 99th:
A bill to amend Article 6 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to trials, so as to provide that in civil jury trials the court

THURSDAY, FEBRUARY 9, 1989

613

may retain one or more of the alternate jurors until the jury has agreed upon a verdict.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge

English Engram Fincher Fuller Garner Gillis Hammill Harris Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Brannon Coverdell (excused) Foster

Howard Kennedy (presiding) Peevy

Shumake Walker

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 163. By Representatives Lane of the 27th and Watts of the 41st:
A bill to amend Code Section 50-8-101 of the Official Code of Georgia Annotated, relating to books of account, annual auditor's report, annual population esti mates, provision of operating funds for commission of governing bodies, and adoption of annual program and budget with respect to metropolitan area plan ning and development commissions, so as to change the provisions relating to the amounts due from the political subdivisions in the metropolitan area.
Senate Sponsor: Senator Walker of the 43rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Broun

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Burton Clay Coleman Dawkins
Deal

Hammill Harris Huggins Johnson
Kidd Land Langford McKenzie

Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th Starr Stumbaugh

Fincher Foster Fuller Garner Gillis

Olmstead Parker Peevy Perry Phillips

Taylor Timmons Turner Tysinger Walker

Voting in the negative was Senator Collins.

Those not voting were Senators:

Bowen Brannon

Coverdell (excused) Howard

Kennedy (presiding) Shumake

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 191. By Representative Porter of the 119th:
A bill to amend Code Section 15-6-25 of the Official Code of Georgia Annotated, relating to employment of superior court judges' secretaries, so as to provide for the pay level of certain reemployed superior court judges' secretaries.
Senate Sponsor: Senator Gillis of the 20th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols

Edge Engram Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kidd Land Langford McKenzie Olmstead

Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Tate Taylor Timmons Tysinger Walker

THURSDAY, FEBRUARY 9, 1989

615

Those not voting were Senators:

Bowen Coverdell (excused) English
Fincher

Howard Kennedy (presiding) Newbill Peevy

Shumake Stumbaugh Turner

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 288. By Representatives Wall of the 61st, Breedlove of the 60th, Goodwin of the 63rd and others:
A bill to amend Chapter 7 of Title 36 of the Official Code of Georgia Annotated, relating to county surveyors, so as to authorize the General Assembly by local law to abolish the office of elected county surveyor in any county and authorize the appointment of said official by the county governing authority; to provide re quirements and limitations relative thereto.
Senate Sponsor: Senator Peevy of the 48th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge English Engram Fincher

Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes Bowen Clay

Coverdell (excused) Howard

Kennedy (presiding) Shumake

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 414. By Representative Lane of the 27th:
A bill to amend Chapter 4 of Title 22 of the Official Code of Georgia Annotated, known as "The Georgia Relocation Assistance and Land Acquisition Policy Act of 1973," so as to provide conformity with federal law; to provide uniform reloca tion assistance to persons displaced by federal-aid projects; to provide uniform land acquisition policies.
Senate Sponsor: Senator Harris of the 27th.

The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 414 by adding on page 2, line 8, after the word, "Transportation)", the following:
"and electric membership corporations as defined in O.C.G.A. 46-3-171 (3)".

On the adoption of the amendment offered by the Senate Committee on Urban and County Affairs, the yeas were 3, nays 35, and the amendment was lost.

Senator Harris of the 27th offered the following amendment:
Amend HB 414 by adding on page 2, line 11, after the word "instrumentality" the following:
", excluding electric membership corporations as defined in paragraph (3) of Code Sec tion 46-3-171".

On the adoption of the amendment offered by Senator Harris of the 27th, the yeas were 34, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon
Burton Clay Coleman Collins Dawkins Deal
Dean Echols Edge English

Engram Fincher Foster Fuller Garner Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Broun Coverdell (excused) Gillis

Kennedy (presiding) Langford

Shumake Walker

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617

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 235. By Senators English of the 21st, Gillis of the 20th, Kennedy of the 4th and Ray of the 19th: A bill to amend Code Section 37-3-1 of the Official Code of Georgia Annotated, relating to definitions with respect to the examination and treatment for mental illness, so as to define the term "traumatic brain injury"; to provide for clarifica tion of such term.
Senator English of the 21st moved that SB 235 be postponed until Monday, February 13.
On the motion, the yeas were 33, nay 0; the motion prevailed, and SB 235 was post poned until Monday, February 13.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.
At 12:07 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Friday, February 10, 1989
Twenty-second Legislative Day
The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
Senator Albert of the 23rd moved that the Senate reconsider its action of February 9 in defeating the following bill of the Senate:
SB 277. By Senator Albert of the 23rd: A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages, so as to provide that the governing authorities of certain counties and municipalities may authorize the sale of alcoholic beverages during certain hours in certain es tablishments on Sunday; to provide for an effective date.
On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 277 was recon sidered and placed at the foot of the Senate General Calendar.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 656. By Representative Branch of the 137th: A bill to place the coroner of Ben Hill County on a salary in lieu of the fee system of compensation; to provide for a deputy coroner and a salary for the deputy coroner.
HB 658. By Representative Green of the 106th: A bill to amend an Act relating to the Magistrate Court of Greene County, so as to change provisions relating to the compensation of the chief magistrate of that court and the number of the other magistrates of that court.
HB 664. By Representatives Buck of the 95th, Smyre of the 92nd, Robinson of the 96th, Steele of the 97th, Moultrie of the 93rd and others: A bill to amend an Act providing a charter for the county-wide government of Columbus, Georgia, so as to establish the commencement date of the terms of office of councilors following an election.
HB 665. By Representatives Buck of the 95th, Smyre of the 92nd, Robinson of the 96th, Steele of the 97th, Moultrie of the 93rd and others: A bill to amend an Act providing a charter for the county-wide government of Columbus, Georgia, so as to provide for five alternate members of the Personnel

FRIDAY, FEBRUARY 10, 1989

619

Review Board and authorize alternate members to act as regular members under certain circumstances.
HB 678. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to amend an Act providing for a change in the compensation of certain Newton County officials, so as to provide for a supplement for the Chairman of the Board of Commissioners.
HB 685. By Representative Yeargin of the 14th: A bill to amend an Act providing a board of commissioners for the County of Elbert, so as to change the salary, compensation, per diem, and expenses of the chairman and other members of the Board of Commissioners of Elbert County.
HB 687. By Representative Green of the 106th: A bill to amend an Act creating the Board of County Commissioners of Hancock County, so as to change the provisions relating to the compensation of the chairperson and members of the board and provide for an expense allowance.
HB 688. By Representative Green of the 106th: A bill to amend an Act placing certain county officers of Greene County upon an annual salary, so as to change the compensation of the coroner.
HB 484. By Representative Selman of the 32nd: A bill to amend Chapter 16 of Title 33 of the Official Code of Georgia Annotated, relating to farmers' mutual fire insurance companies, so as to increase the amount of funds which must be deposited representing a surplus of assets over liabilities for writing certain insurance coverage; to increase the maximum amount of insurance that may be retained on certain subjects.
HB 513. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd, Robinson of the 96th and Jones of the 71st: A bill to amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments of insurers, so as to permit an insurer to issue variable annuity contracts to pension, retirement, or profit-sharing plans which meet the requirements of Section 414 of the United States Internal Revenue Code.
HB 69. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listings of controlled sub stances and dangerous drugs and provide for exceptions and exemptions.
HB 215. By Representatives Smyre of the 92nd, Lane of the 27th, McDonald of the 12th, Walker of the 115th, Isakson of the 21st and others: A bill to amend the Official Code of Georgia Annotated, so as to provide a frame work to facilitate and encourage coordinated, comprehensive state-wide planning and development at the local, regional, and state levels of government; to provide for statements of legislative intent and public purpose.
HB 344. By Representatives Byrd of the 153rd, Watson of the 114th and Kilgore of the 42nd: A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, and lowvoltage contractors, so as to require applicants for licensure who fail the exami-

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nation twice to present evidence of completion of a review course before being admitted to a third examination.
HB 220. By Representatives Coleman of the 118th, Royal of the 144th and Crosby of the 150th:
A bill to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal sales and use taxation, so as to specify certain circumstances under which a tax shall be levied in certain special districts; to provide that under such circumstances certain past noncompliance with certain procedures shall not affect the levy of the tax.
HB 421. By Representatives Jackson of the 9th, Murphy of the 18th, Coleman of the 118th, Orr of the 9th, Lawson of the 9th and others:
A bill to amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the equalized adjusted school property tax digest, so as to change the provisions relative to the preparation of said equalized adjusted school property tax digest by the state auditor.
HB 201. By Representatives Dobbs of the 74th, Lane of the lllth, Porter of the 119th, Crosby of the 150th, Robinson of the 96th and others:
A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair trade practices in the transaction of insurance, so as to define certain terms; to require disclosures to insureds; to require identification on nonoriginal equipment manufacturer aftermarket crash parts.
HB 485. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current payment of income taxes, so as to change and correct a date in the table of times for installment payments of estimated taxes.
HB 481. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of the 'Georgia Public Revenue Code,' so as to provide for service of notices of assessments and notices of proposed assess ments by first-class mail to the address shown on the records of the department.
HB 483. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and to thereby incorporate provisions of federal law into Georgia law; to provide that terms used in the Georgia law shall have the same meaning as when used in a comparable provision or context in federal law.
HB 403. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to revise substantially certain provisions relating to restrictions on campaign activities and public opinion polling within the vicinity of polling places or municipal polling places; to change the provisions specifying where such conduct shall be prohibited.

FRIDAY, FEBRUARY 10, 1989

621

HB 263. By Representatives Rainey of the 135th, Smith of the 156th, Fennel of the 155th, Moody of the 153rd and Titus of the 143rd: A bill to amend Code Section 12-3-3 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, so as to include marinas within the definition of a project; to delete a reference to certain counties and municipalities; to delete a listing of specific counties in which the powers granted may be exercised.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 16. By Representative Buck of the 95th: A resolution compensating Mr. Aaron E. Boutwell.
HR 76. By Representative Isakson of the 21st: A resolution compensating G. Douglas Fuller and Alice K. Fuller.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 140. By Representatives Thomas of the 69th and Chambless of the 133rd: A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to provide exemptions for such authorities from the requirements of Article 4 of Chapter 18 of Title 50, relating to open meetings; to provide for such exemptions to be com parable to those exemptions granted such authorities in Chapter 14 of Title 50, relating to open records.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 313. By Senator Barnes of the 33rd: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a statement of legislative findings; to provide for defi nitions; to provide for a program of voluntary vaccinations for firemen and emer gency medical technicians; to provide for the costs of such vaccinations; to pro vide an effective date.
Referred to Committee on Human Resources.
SB 314. By Senator Brannon of the 51st: A bill to provide a new charter for the City of Blue Ridge in Fannin County; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations.
Referred to Committee on Urban and County Affairs.
SB 315. By Senators Newbill of the 56th, Ragan of the 32nd and Clay of the 37th: A bill to amend an Act creating the State Court of Cobb County, as amended, so as to provide for a solicitor for the State Court of Cobb County; to provide for the election, terms, compensation, and duties of said solicitor; to provide for as sistant solicitors.
Referred to Committee on Urban and County Affairs.

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SB 316. By Senators Ragan of the 32nd and Clay of the 37th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local governments, so as to require development of a comprehensive land use plan within certain counties; to provide that this Act shall only apply in counties with a population of 250,000 or more according to the United States decennial census of 1980 or any future such census.
Referred to Committee on Urban and County Affairs (General).
SB 317. By Senators Hammill of the 3rd, Scott of the 2nd, Fuller of the 52nd and others:
A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to provide that persons, firms, or corporations that service or repair bicycles, motor scooters, mopeds, motorcycles, lawn mowers, garden equipment, or other such related equipment shall, for the value of their services, have a lien upon the equipment.
Referred to Committee on Governmental Operations.
SR 132. By Senator English of the 21st:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a fiber optic telecommunication cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Burke County, Georgia; to provide an effective date.
Referred to Committee on Public Utilities.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 69. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listings of controlled sub stances and dangerous drugs and provide for exceptions and exemptions.
Referred to Committee on Human Resources.
HB 140. By Representatives Thomas of the 69th and Chambless of the 133rd:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to provide exemptions for such authorities from the requirements of Article 4 of Chapter 18 of Title 50, relating to open meetings; to provide for such exemptions to be com parable to those exemptions granted such authorities in Chapter 14 of Title 50, relating to open records.
Referred to Committee on Judiciary.
HB 201. By Representatives Dobbs of the 74th, Lane of the lllth, Porter of the 119th and others:
A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair trade practices in the transaction of insurance, so as to define certain terms; to require disclosures to insureds; to require identification on nonoriginal equipment manufacturer aftermarket crash parts.
Referred to Committee on Insurance.

FRIDAY, FEBRUARY 10, 1989

623

HB 215. By Representatives Smyre of the 92nd, Lane of the 27th, McDonald of the 12th and others:
A bill to amend the Official Code of Georgia Annotated, so as to provide a frame work to facilitate and encourage coordinated, comprehensive state-wide planning and development at the local, regional, and state levels of government; to provide for statements of legislative intent and public purpose.
Referred to Committee on Governmental Operations.
HB 220. By Representatives Coleman of the 118th, Royal of the 144th and Crosby of the 150th:
A bill to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal sales and use taxation, so as to specify certain circumstances under which a tax shall be levied in certain special districts; to provide that under such circumstances certain past noncompliance with certain procedures shall not affect the levy of the tax.
Referred to Committee on Banking and Finance.
HB 263. By Representatives Rainey of the 135th, Smith of the 156th, Fennel of the 155th, Moody of the 153rd and Titus of the 143rd:
A bill to amend Code Section 12-3-3 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, so as to include marinas within the definition of a project; to delete a reference to certain counties and municipalities; to delete a listing of specific counties in which the powers granted may be exercised.
Referred to Committee on Natural Resources.
HB 344. By Representatives Byrd of the 153rd, Watson of the 114th and Kilgore of the 42nd:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, and lowvoltage contractors, so as to require applicants for licensure who fail the exami nation twice to present evidence of completion of a review course before being admitted to a third examination.
Referred to Committee on Industry and Labor.
HB 403. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to revise substantially certain provisions relating to restrictions on campaign activities and public opinion polling within the vicinity of polling places or municipal polling places; to change the provisions specifying where such conduct shall be prohibited.
Referred to Committee on Governmental Operations.
HB 421. By Representatives Jackson of the 9th, Murphy of the 18th, Coleman of the 118th, Orr of the 9th and others:
A bill to amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the equalized adjusted school property tax digest, so as to change the provisions relative to the preparation of said equalized adjusted school property tax digest by the state auditor.
Referred to Committee on Banking and Finance.

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HB 481. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of the 'Georgia Public Revenue Code,' so as to provide for service of notices of assessments and notices of proposed assess ments by first-class mail to the address shown on the records of the department. Referred to Committee on Banking and Finance.
HB 483. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and to thereby incorporate provisions of federal law into Georgia law; to provide that terms used in the Georgia law shall have the same meaning as when used in a comparable provision or context in federal law. Referred to Committee on Banking and Finance.
HB 484. By Representative Selman of the 32nd:
A bill to amend Chapter 16 of Title 33 of the Official Code of Georgia Annotated, relating to farmers' mutual fire insurance companies, so as to increase the amount of funds which must be deposited representing a surplus of assets over liabilities for writing certain insurance coverage; to increase the maximum amount of insurance that may be retained on certain subjects. Referred to Committee on Insurance.
HB 485. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current payment of income taxes, so as to change and correct a date in the table of times for installment payments of estimated taxes. Referred to Committee on Banking and Finance.
HB 513. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd, Robinson of the 96th and Jones of the 71st:
A bill to amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments of insurers, so as to permit an insurer to issue variable annuity contracts to pension, retirement, or profit-sharing plans which meet the requirements of Section 414 of the United States Internal Revenue Code. Referred to Committee on Insurance.
HR 16. By Representative Buck of the 95th:
A resolution compensating Mr. Aaron E. Boutwell, in the sum of $726.79. Referred to Committee on Appropriations.
HR 76. By Representative Isakson of the 21st:
A resolution compensating G. Douglas Fuller and Alice K. Fuller, in the sum of $250.00. Referred to Committee on Appropriations.

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625

HB 656. By Representative Branch of the 137th: A bill to place the coroner of Ben Hill County on a salary in lieu of the fee system of compensation; to provide for a deputy coroner and a salary for the deputy coroner.
Referred to Committee on Urban and County Affairs.
HB 658. By Representative Green of the 106th: A bill to amend an Act relating to the Magistrate Court of Greene County, so as to change provisions relating to the compensation of the chief magistrate of that court and the number of the other magistrates of that court.
Referred to Committee on Urban and County Affairs.
HB 664. By Representatives Buck of the 95th, Smyre of the 92nd, Robinson of the 96th and others:
A bill to amend an Act providing a charter for the county-wide government of Columbus, Georgia, so as to establish the commencement date of the terms of office of councilors following an election. Referred to Committee on Urban and County Affairs.
HB 665. By Representatives Buck of the 95th, Smyre of the 92nd, Robinson of the 96th and others:
A bill to amend an Act providing a charter for the county-wide government of Columbus, Georgia, so as to provide for five alternate members of the Personnel Review Board and authorize alternate members to act as regular members under certain circumstances. Referred to Committee on Urban and County Affairs.
HB 678. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to amend an Act providing for a change in the compensation of certain Newton County officials, so as to provide for a supplement for the Chairman of the Board of Commissioners.
Referred to Committee on Urban and County Affairs.
HB 685. By Representative Yeargin of the 14th: A bill to amend an Act providing a board of commissioners for the County of Elbert, so as to change the salary, compensation, per diem, and expenses of the chairman and other members of the Board of Commissioners of Elbert County.
Referred to Committee on Urban and County Affairs.
HB 687. By Representative Green of the 106th: A bill to amend an Act creating the Board of County Commissioners of Hancock County, so as to change the provisions relating to the compensation of the chairperson and members of the board and provide for an expense allowance.
Referred to Committee on Urban and County Affairs.
HB 688. By Representative Green of the 106th: A bill to amend an Act placing certain county officers of Greene County upon an annual salary, so as to change the compensation of the coroner.
Referred to Committee on Urban and County Affairs.

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The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Agriculture has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 11. Do pass. HB 285. Do pass. HB 420. Do pass.
Respectfully submitted,
Senator English of the 21st District, Chairman

Mr. President:

The Committee on Education has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 92. Do pass by substitute.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Education has had under consideration the following bill and resolu tions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 292. Do pass. SR 52. Do pass by substitute. SR 99. Do pass.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 41. Do pass by substitute.

SB 298. Do pass.

SB 290. Do pass.

HB 291. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:

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627

SB 287. Do pass by substitute. Respectfully submitted, Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following resolu tions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SR 23. Do pass as amended.

SR 67. Do pass as amended.

SR 62. Do pass as amended.

SR 68. Do pass.

SR 63. Do pass.

Respectfully submitted,

Senator Scott of the 2nd District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 75. HB 43. HB 119.

Do pass. Do pass as amended. Do pass.

HB 120. Do pass. HB 121. Do pass.

Respectfully submitted,

Senator Timmons of the llth District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 245. Do pass by substitute. HB 377. Do pass.
Respectfully submitted,
Senator Harris of the 27th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 285. Do pass.

HB 602. Do pass.

SB 286. Do pass.

HB 621. Do pass.

HB 554. Do pass.

Respectfully submitted, Senator Harris of the 27th District, Chairman

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The following bills and resolutions of the Senate and House were read the second time:
SR 103. By Senators Gillis of the 20th, McKenzie of the 14th and English of the 21st:
A resolution creating the Joint Study Committee on Solid Waste Management.
SR 104. By Senators Howard of the 42nd, Starr of the 44th, Barnes of the 33rd and others:
A resolution urging the Department of Medical Assistance to take certain actions to control Medicaid drug expenditures.
SB 212. By Senator Barnes of the 33rd:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide that in cases where a parent who has been awarded custody of a child voluntarily surrenders actual physical custody of the child to the noncustodial parent, such noncus todial parent shall be relieved from any obligation to pay child support for such child until the child is returned to the custodial parent.
SB 213. By Senator Allgood of the 22nd:
A bill to amend Code Section 40-8-111 of the Official Code of Georgia Annotated, relating to school bus equipment, generally, so as to change the configuration and number of lights required on school buses.
SB 217. By Senators Dawkins of the 45th, Starr of the 44th and Kennedy of the 4th:
A bill to amend Code Section 24-9-20 of the Official Code of Georgia Annotated, relating to testimony by a defendant in a criminal trial, so as to provide that if a defendant in a criminal trial testifies in his own behalf, evidence of his general bad character or prior convictions shall be admissible for purposes of impeachment.
SB 229. By Senator Edge of the 28th:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Authorities Law," so as to provide for addi tional functions and powers of hospital authorities; to provide for additional pur poses for which proceeds of the sale of a hospital may be expended.
SB 234. By Senator Baldwin of the 29th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance and known as the "Georgia Insurance Code," so as to provide for un fair trade practices with regard to medicare supplement insurance; to provide for editorial revision; to provide for definitions; to provide for applicability; to pro vide standards for provisions of medicare supplement insurance policies.
SB 238. By Senators Peevy of the 48th, Deal of the 49th and Allgood of the 22nd:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which applications for appeal are required, so as to provide that such procedures for appeal shall not apply to child custody cases.

FRIDAY, FEBRUARY 10, 1989

629

SB 239. By Senator Barnes of the 33rd:
A bill to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to provide for the admissibility of evidence concerning correction and retraction in an action based on alleged defamatory statements in a visual or sound broadcast; to provide for the effect thereof on damages in such actions; to provide an effective date.
SB 242. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and Barnes of the 33rd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to create the honor ary office of police chief emeritus.
SB 251. By Senator Peevy of the 48th:
A bill to amend Article 1 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to local indigent defense programs generally, so as to author ize the General Assembly to create the office of public defender by local law and to provide for the method of selection, powers, duties, authority, and funding of such office; to provide an effective date.
SB 260. By Senator Bowen of the 13th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change certain provisions relative to the organization of the headquarters staff; to abolish the position of deputy commissioner.
SB 262. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Code Section 35-2-43 of the Official Code of Georgia Annotated, relating to persons eligible for appointment to or enlistment in the Uniform Divi sion of the Department of Public Safety, so as to change certain qualifications.
SB 268. By Senators Howard of the 42nd, Starr of the 44th, Barnes of the 33rd and others:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for legislative intent; to require the Department of Medical Assistance to establish a Medicaid Prescription Drug Bidding and Rebate Program and provide for condi tions, procedures, and requirements relating thereto.
SB 289. By Senators Fuller of the 52nd, Peevy of the 48th and Allgood of the 22nd:
A bill to amend Code Section 51-12-1 of the Official Code of Georgia Annotated, relating to admissible evidence of compensation for special damages, so as to pro vide that compensation for special damages actually received by the injured party shall be admissible at trial; to provide that the trier of fact may consider such evidence; to provide that the trier of fact shall not be directed to reduce an award of damages.
HB 4. By Representative Richardson of the 52nd:
A bill to amend Chapter 8 of Title 37 of the Official Code of Georgia Annotated, relating to the treatment of alcoholics and intoxicated persons, so as to change the effective date.

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HB 99. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to clarify when a notice of cancellation shall be sent to the Department of Public Safety; to provide for certain information to be included on notices of cancellation sent to the department.
HB 125. By Representatives Twiggs of the 4th, Foster of the 6th, Griffin of the 6th and Langford of the 7th:
A bill to amend Code Section 35-8-6 of the Official Code of Georgia Annotated, relating to the Georgia Peace Officer Standards and Training Council and the appointment of the executive director, so as to prescribe certain training require ments for the executive director and investigators appointed by the executive director; to provide certain powers of the executive director and investigators.
HB 146. By Representatives Colwell of the 4th, Twiggs of the 4th, Foster of the 6th and others:
A bill to amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of the licenses of habitually negligent, incom petent, or dangerous drivers, so as to revise the points assessed for certain offenses.
HB 208. By Representatives Barnett of the 10th, Jackson of the 9th, Harris of the 84th and others:
A bill to amend Code Section 40-8-73.1 of the Official Code of Georgia Anno tated, relating to affixing of materials which reduce light transmission through motor vehicle windows, so as to prohibit affixing such material to certain win dows and the rear windshield of motor vehicles resulting in a reduction of light transmission to less than 32 percent or resulting in light reflectance of more than 20 percent.
HB 217. By Representative Buford of the 103rd:
A bill to amend Code Section 25-3-2 of the Official Code of Georgia Annotated, relating to powers of fire departments in event of emergencies generally, so as to expand the emergency powers of fire departments.
HB 238. By Representative Holmes of the 28th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, the "Georgia Peace Officer Standards and Training Act," so as to change the definition of peace officer and retired peace officer.
HB 280. By Representative Thompson of the 20th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to authorize persons who operate motorcycles to wear headsets or headphones.
HB 292. By Representatives Bishop of the 94th, Thurmond of the 67th, Randall of the 101st, Abernathy of the 39th and Benn of the 38th:
A bill to amend Code Section 45-19-36 of the Official Code of Georgia Annotated, relating to procedures relative to the filing of a complaint with the administrator of the Office of Fair Employment Practices of an unlawful practice, so as to re quire the administrator of the Office of Fair Employment Practices to issue peri odic status reports with respect to complaints of unlawful practices.

FRIDAY, FEBRUARY 10, 1989

631

HB 322. By Representative Stephens of the 68th:
A bill to amend Code Section 17-8-3 of the Official Code of Georgia Annotated, relating to entry of a nolle prosequi, so as to require personal or written notice to be given to the defendant and the defendant's attorney of entry of a nolle prosequi.
HB 333. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th, Groover of the 99th and others:
A bill to amend Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the "Uniform Partnership Act," so as to change the provisions relating to statements of partnership and amendments thereto; to provide for a conclu sive presumption against a partnership; to change the provisions relating to ap plication of partnership property to satisfy obligations upon rightful dissolution and rights of partners following wrongful dissolution.
HB 334. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th, Groover of the 99th and others:
A bill to amend Chapter 9 of Title 14 of the Official Code of Georgia Annotated, known as the "Georgia Revised Uniform Limited Partnership Act," so as to change the provisions relating to names of limited partnerships and reservations of names; to amend Part 3 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration of businesses using trade names; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of clerks of the superior courts.
HB 335. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th, Groover of the 99th and others:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, known as the "Georgia Business Corporation Code," so as to revise said chapter; to provide that each provision of such chapter shall have independent legal sig nificance; to correct typographical, grammatical, stylistic, and punctuation errors and omissions; to change the provisions relating to filing requirements.
HB 336. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th, Groover of the 99th and others:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the provisions relat ing to the filing of documents, registrations, and reports with the Secretary of State; to provide for notice and the giving of notice; to provide for time periods and requirements related thereto.
HB 339. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to probate courts, so as to pro vide that retired judges of the probate courts shall be vested with the same au thority as an active judge of this state for the purpose of performing marriage ceremonies.
HB 56. By Representatives Rainey of the 135th, Walker of the 115th, Groover of the 99th, Barfoot of the 120th and Titus of the 143rd:
A bill to amend Code Section 27-1-6 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, so as to permit the placing of the proceeds from the mandatory purchase of official Geor-

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gia waterfowl stamps in the Waterfowl Stamp Fund; to amend Code Section 272-6 of the Official Code of Georgia Annotated, relating to trout stamps and big game licenses, so as to make it unlawful, subject to certain exceptions, to hunt ducks, geese, and swans without an official Georgia waterfowl stamp.

The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin
Barker Barnes Bwen rannon
oBpiurutonn Collins Coverdell Dawkins Deal Dean Echols Edge

English Foster Fuller
Garner Gillis Hammill Harris
HJ.ouh, g5ng6sionns Kennedy Kidd Land McKenzie Newbill Olmstead Parker

Perry Phillips Pollard
Ragan of 10th Ragan of 32nd Ray Scott of 2nd
SS_,hcoutmt aok.fe36th Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not answering were Senators:

Coleman Engram Fincher

Howard Langford

Peevy Tate

Senator Walker of the 43rd introduced the chaplain of the day, Reverend George O. McCalep, Jr., pastor of Greenforest Baptist Church, Decatur, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 131. By Senator Foster of the 50th: A resolution commending Kenneth Seabolt.

SR 133. By Senators Kennedy of the 4th, Gillis of the 20th, Dean of the 31st and others: A resolution commending Honorable Glenn Bryant.

SR 134. By Senator Barker of the 18th: A resolution commending Dr. Bernard L. Kahn.

The following resolution of the House was put upon its adoption:

HR 192. By Representatives Murphy of the 18th and Lee of the 72nd:
A resolution calling a Joint Session of the House of Representatives and Senate at 10:15 o'clock A.M. on Wednesday, February 15, 1989, in the hall of the House of Representatives for the purpose of hearing an address from His Excellency, Juan Antonio Samaranch, President, International Olympic Committee, at 10:30 o'clock A.M.

FRIDAY, FEBRUARY 10, 1989

633

On the adoption of the resolution, the yeas were 32, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Friday, February 10, 1989
TWENTY-SECOND LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 285 Coleman, 1st Scott, 2nd Hammill, 3rd City of Savannah Chatham County
To provide for the election and terms of office of the Mayor and Aldermen of the City of Savannah.
SB 286 Coleman, 1st Scott, 2nd Hammill, 3rd Chatham County To change the compensation of certain officials in Chatham County; to pro vide for effective dates of such changes.
HB 554 Perry, 7th Tift County Changes the minimum compensation of the sheriff and the clerk of Tift County.
HB 602 Garner, 30th Dean, 31st City of Bremen Part Carroll County Part Haralson County Changes the term of office of the mayor of the City of Bremen.
HB 621 Turner, 8th Lowndes County Changes the provisions relating to the compensation of the members of the board of commissioners of Lowndes County.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Allgood Barnes Bowen Brannon Broun Burton
Clay Collins Coverdell Dawkins Deal Dean Echols
Edge

English Fincher Foster Fuller Garner Gillis Hammill
Harris Howard Huggins Johnson Kidd Land Newbill
Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd
Ray Scott of 36th Starr Stumbaugh Tate Taylor Turner
Tysinger

Those not voting were Senators:

Baldwin Barker Coleman Engram

Kennedy Langford McKenzie Scott of 2nd

Shumake Timmons Walker

On the passage of all the local bills, the yeas were 45, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

Senator Tate of the 38th moved that the following resolution of the Senate be with drawn from the Senate Committee on Appropriations and committed to the Senate Com mittee on Urban and County Affairs (General):

SR 122. By Senators Tate of the 38th and Scott of the 36th:
A resolution proposing an amendment to the Constitution to authorize any mu nicipality of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census which has an independent school system to incur an additional $8 million per annum in bonded indebtedness for school purposes without the necessity of a referendum.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SR 122 was with drawn from the Senate Committee on Appropriations and committed to the Senate Com mittee on Urban and County Affairs (General).

Senator Barnes of the 33rd moved that the following bill of the Senate be withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Spe cial Judiciary:

SB 288. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to revise the provisions relating to property which is subject to forfeiture; to revise the provisions relating to practice and procedure in forfeiture cases brought under the "Georgia Controlled Substances Act".

On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 288 was with-

FRIDAY, FEBRUARY 10, 1989

635

drawn from the Senate Committee on Judiciary and committed to the Senate Committee on Special Judiciary.
SENATE RULES CALENDAR
Friday, February 10, 1989
TWENTY-SECOND LEGISLATIVE DAY
SB 276 Peanut Commission--successor to Agricultural Commodities Commission (Amendment) (Ag--21st)
SB 207 Personal Injury Action--by minor child through guardian (Substitute) (S Judy--52nd) (Pursuant to Senate Rule 143, final passage of the bill was suspended.)
SB 125 Property, Casualty, Certificate of Authority--termination provisions (Substitute) (Ins--12th)
SB 203 Floatable Streams--public right of passage (Nat R--52nd) SB 233 Acquisition of Domestic Insurer--filing financial statements (Ins--29th) SB 252 Cremated Remains--conditions for burial at sea (Gov Op--51st) SB 272 Registered Foresters--revise qualifications (Nat R--20th) SR 60 Joint Study Committee on Automobile Insurance Costs Containment--create
(Ins--16th) SR 95 Battle Smith Bridge--designate (Trans--25th) SR 96 Board of Pardons and Paroles--terms of office (Gov Op--43rd) HB 350 Certain Authorities--board of directors may change name (Gov Op--2nd) HB 538 Certain Trailers, Semitrailers--emblem on slow-moving vehicles (Amendment)
(Trans--1st) HB 130 Commercial Driver's License--provide (Amendments) (Trans--1st) HB 401 Certain City/County Officers--residency requirement (Gov Op--25th) HB 264 Alligators or Bears--feeding unlawful without possession of license (Nat R--6th) HB 254 Blind Electors--no oath to receive assistance (Gov Op--53rd) HR 66 George S. Lee Causeway--designate (Trans--llth) HR 110 Juliette Gordon Low Highway--designate (Trans--53rd) HB 301 Special License Plates--commemorating colleges, universities (Substitute)
(Trans--46th) HB 45 Joint County, City Sales Tax--rate increase (B&F--15th) HB 50 Field and Retriever Trials--provision on hunting license (Nat R--20th) HB 161 Student Finance Commission Board of Commissioners--compensation
(H Ed--54th) HB 234 Federal, State Candidates--challenges to qualifications (Gov Op--25th) HB 346 Chief Deputy Registrars--exempt from certain restrictions (Gov Op--25th) HB 405 Offenses Regarding Elections--provisions on vote disclosure (Gov Op--25th) HB 49 Boat Safety Act--define "sailboard" (Nat R--7th) HB 316 Banking and Finance Commissioner--filling vacancy (B&F--8th) HB 205 Domestic Insurers--examined every three years (Ins--29th)
Respectfully submitted, /s/ Dean of the 31st, Chairman
Senate Rules Committee

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JOURNAL OF THE SENATE

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 276. By Senators English of the 21st, Ragan of the 10th, Kennedy of the 4th and others:
A bill to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Agricultural Commodities Promotion Act," so as to abol ish the Agricultural Commodities Commission for Peanuts and provide for the creation of the Georgia Peanut Commission as a successor to and continuation thereof.

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Bill English

State Senator

FROM:

G. W. Hogan, State Auditor

DATE:

February 1, 1989

SUBJECT: Senate Bill 276 (LC 9 5580) Employees' Retirement System

This bill would create the Georgia Peanut Commission as a continuation of and succes sor to the Agricultural Commodity Commission for Peanuts and would provide that the transfer of employees resulting from such action would not affect these employee's member ship, rights, duties, benefits, credits, or contributions under the Employees' Retirement Sys tem. Provisions within the bill would also address the establishment, membership, and oper ational aspects of the commission as provided for in the "Georgia Peanut Promotion Act". If enacted, this bill would become effective upon the Governor's approval or upon becoming law without such approval.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.

1st G. W. Hogan State Auditor

The Senate Committee on Agriculture offered the following amendment:

Amend SB 276 by striking on line 22 of page 13 the following: "January 1, 1989", and inserting in lieu thereof the following: "June 30, 1989".

On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

FRIDAY, FEBRUARY 10, 1989

637

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Clay Coleman Collins Coverdell Dawkins Deal Dean Echols
Edge

English Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead

Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Walker

Those voting in the negative were Senators:

Broun Burton

Engram Peevy

Tate Tysinger

Those not voting were Senators:

Kennedy

Langford

Shumake

On the passage of the bill, the yeas were 47, nays 6.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator English of the 21st moved that SB 276 be immediately transmitted to the House.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 276 was immedi ately transmitted to the House.

Senator Coleman of the 1st introduced the doctor of the day, Dr. Ben L. Watson, of Savannah, Georgia.

The following general bill of the Senate, having been read the third time and final ac tion suspended on February 9, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was put upon its passage:

SB 207. By Senators Fuller of the 52nd, Peevy of the 48th, Dawkins of the 45th and Edge of the 28th:
A bill to amend Code Section 29-4-2 of the Official Code of Georgia Annotated, relating to natural guardians of minor children, so as to provide that where a personal injury action is brought by a minor child through a natural guardian as next friend, and where the injuries are not permanent in nature, the trial judge may authorize such natural guardian to compromise such claim and to receive sums paid pursuant to a compromise of judgement without filing a bond.

The substitute to SB 207 offered by Senator Fuller of the 52nd on February 9, as it appears in the Journal of February 9, was automatically reconsidered and put upon its adoption.

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JOURNAL OF THE SENATE

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert . Allgood Baldwin
Barker Barnes Brannon
B urton
LCkoom,v?!enrds ell Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Fuller
Garner Gillis Hammill
Harris
HHTTuogwgam.rds Kennedy Kidd Land Langford Newbill Olmstead Parker

Perry Phillips Pollard
Ragan of 10th Ragan of 32nd Ray
Scott of 2nd
SS,,,tcao"tt of 36th Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Broun Coleman

Johnson McKenzie

Peevy Shumake

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 125. By Senators Taylor of the 12th, Land of the 16th, Shumake of the 39th and others:
A bill to amend Article 2 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to licensing and regulation of agents, brokers, and others for property, casualty, or surety insurance, so a*s to provide for prior written notice to be given when an insurer terminates the certificate of authority of a property, casualty, or surety agent.

The Senate Committee on Insurance offered the following substitute to SB 125:

A BILL
To be entitled an Act to amend Article 2 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing and regulation of agents, brokers, and others for property, casualty, or surety insurance, so as to provide for prior written notice to be given when an insurer terminates the certificate of authority of a property, casualty, or

FRIDAY, FEBRUARY 10, 1989

639

surety agent; to provide for prior written notice to be given when certain agents terminate their relationship with certain insurers; to provide for contents of such notices; to provide exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing and regulation of agents, brokers, and others for property, casualty, or surety insurance, is amended by striking Code Section 33-23-70, relating to the notifica tion of the Commissioner of the termination of a property, casualty, or surety insurance agent's certificate of authority, and inserting in its place a new Code Section 33-23-70 to read as follows:
"33-23-70. (a) Except as provided in subsection (b) of this Code section, each insurer shall give written notice of the termination of an agent's certificate of authority and the reason for such termination at least 180 days prior to the effective date of the termination to the Commissioner and to the agent.
(b) An insurer shall not be required to give an agent prior notice of the termination of the agent's certificate of authority as provided in subsection (a) of this Code section if the termination is based upon one or more of the following grounds:
(1) Criminal misconduct or gross negligence relating to the business or premises of the insurance agency;
(2) Fraud or moral turpitude;
(3) Failure by the agent to follow the written underwriting policies of the company;
(4) Failure by the agent to pay moneys over to the company for insurance contracts sold by the agent;
(5) Action taken by the agent to bind the company without such company's authority;
(6) Death or disability of the agent; or
(7) The insurer's becoming insolvent or discontinuing any line of insurance for any bus iness purpose.
If the termination of an agent's certificate of authority is based upon one of the grounds stated in this subsection, the insurer shall still be required to give prompt written notice thereafter to the Commissioner of the termination and the effective date of the termination.
(c) All notices of termination shall be filed with the Commissioner in such form and manner as he shall prescribe.
(d) Each agent shall give written notice of the termination of such agent's relationship with the insurer and the reason for such termination at least 180 days prior to the effective date of such termination to the Commissioner and to the insurer."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Taylor of the 12th offered the following amendment:
Amend the substitute to SB 125 offered by the Senate Committee on Insurance by adding on line 10 of page 1 after the word and symbol "exceptions;" and before the word "to" the following:
"to provide for applicability and an effective date;".
By adding between line 8 and line 9 of page 3 the following:
"Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to insurance agency contracts in force on the effective date of this Act which have no expiration date and are continuing contracts and to insurance agency contracts entered into or renewed on or after the effective date of this Act. Any insurance agency contract in force and effect on the effective date of

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JOURNAL OF THE SENATE

this Act which by its own terms will terminate on a date subsequent thereto shall be gov erned by the law as it existed prior to this Act."
By striking from line 9 of page 3 the following: "Section 2." and inserting in lieu thereof the following: "Section 3."

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barnes Bowen Brannon Broun Burton Collins Coverdell
Deal Dean Echols Edge English Engram Fincher

Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kennedy
Kidd Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr
Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Baldwin Barker Clay

Coleman Dawkins Howard

Ray Shumake

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

SB 203. By Senators Fuller of the 52nd, Broun of the 46th, Huggins of the 53rd and Fincher of the 54th:
A bill to amend Chapter 8 of Title 44 of the Official Code of Georgia Annotated, relating to water rights, so as to provide for a public right of passage in the float able streams of this state; to define what streams constitute floatable streams; to

FRIDAY, FEBRUARY 10, 1989

641

define criminal offenses involving interference with such right of passage and provide for punishment for such offenses.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Dean

Echols Edge English Engram Fuller Gillis Hammill Harris Huggins Kidd Land Langford McKenzie Newbill

Olmstead Parker Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Stumbaugh Tate Taylor Timmons Turner

Those voting in the negative were Senators:

Deal Foster Johnson

Peevy Pollard

Starr Tysinger

Those not voting were Senators:

Barnes Fincher Garner

Howard Kennedy (presiding) Scott of 2nd

Shumake Walker

On the passage of the bill, the yeas were 41, nays 7.

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

SB 233. By Senator Baldwin of the 29th:
A bill to amend Code Section 33-13-3 of the Official Code of Georgia Annotated, relating to acquisition of control of or merger with a domestic insurer, so as to require an acquiring party to file with the Commissioner of Insurance financial statements certified by a certified public accountant as to the earnings and finan cial condition of such party.

The report of the committee, which was favorable to the passage of the bill, was agreed
to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Baldwin Barnes Broun Burton

Clay Edge Fincher Fuller

Those voting in the negative were Senators:

Land McKenzie Phillips

Albert Allgood Barker Bowen Brannon CCrC,,, ooo.lvl.le.emmrdsa, enl,,l Dawkins Deal
Dean
Echols
English
Engram

Foster Garner Gillis Hammill Harris HJTHTToouh, wgngsai.orndns Kennedy Kidd
Langford
Newbill
Parker
Peevy

Those not voting were Senators:

Perry Pollard Ragan of 10th Ragan of 32nd Rav eaS"0ccoott,t,ttt ooitf,, 3Vz,,n6,,^Adt.,h btarr Tate
Taylr
Turner
Tysinger
Walker

Olmstead Shumake

Stumbaugh

Timmons

On the passage of the bill, the yeas were 11, nays 41.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Baldwin of the 29th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 233.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:
HB 53. By Representatives Foster of the 6th, Colwell of the 4th, Harris of the 84th, Poag of the 3rd, Griffin of the 6th and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length limitations for vehicles and loads, so as to increase the maxi mum overall length of vehicles and semitrailers authorized; to provide limita tions; to provide a definition; to provide that the semitrailer shall be equipped with a rear underride guard.
The House has adopted by the requisite constitutional majority the following resolution of the House:

FRIDAY, FEBRUARY 10, 1989

643

HR 267. By Representative Walker of the 115th: A resolution relative to adjournment.

The following bill of the House was read the first time and referred to committee:

HB 53. By Representatives Foster of the 6th, Colwell of the 4th, Harris of the 84th and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length limitations for vehicles and loads, so as to increase the maxi mum overall length of vehicles and semitrailers authorized; to provide limita tions; to provide a definition; to provide that the semitrailer shall be equipped with a rear underride guard.
Referred to Committee on Transportation.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

The following general bills and resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 252. By Senators Brannon of the 51st and Garner of the 30th:
A bill to amend Article 1 of Chapter 21 of Title 31, relating to general provisions concerning dead bodies, so as to provide for cremated remains to be buried at sea under certain conditions; to provide that certain information relating to the bur ial of cremated remains at sea shall be furnished to the local registrar of births, deaths, and other vital records in the county nearest the point where the remains were buried.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bowen Brannon
BPIurton Coleman Collins Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller
Garner Gillis
Hammill Harris Howard
Huggins Johnson Kidd Land Langford Newbill

Olmstead Parker Peevy Perry Phillips
Ragan of 10th Ragan of 32nd
RS0 caoytt of 2nd, Scott of 36th
Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Coverdell Kennedy (presiding) McKenzie

Pollard Shumake

Starr Timmons

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 272. By Senator Gillis of the 20th:
A bill to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to re vise the qualifications and requirements for registered foresters; to provide for continuing education as a condition of license renewal; to provide for an effective date and applicability.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill

Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Coleman Fuller Kennedy (presiding)

Shumake Starr

Tate Walker

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 60. By Senators Land of the 16th, Stumbaugh of the 55th, Baldwin of the 29th and others:
A resolution creating the Joint Study Committee on Automobile Insurance Costs Containment.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

FRIDAY, FEBRUARY 10, 1989

645

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Collins Coverdell Deal Dean Echols

Edge English Fincher Foster Garner Hammill Harris Howard Huggins Johnson Kidd Land Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger

Those not voting were Senators:

Brannon Coleman Dawkins Engram Fuller

Gillis Kennedy (presiding) Langford McKenzie Newbill

Scott of 2nd Shumake Taylor Walker

On the adoption of the resolution, the yeas were 42, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 95. By Senator Kidd of the 25th: A resolution designating the Battle Smith Bridge.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun Burton Clay Coleman Collins Coverdell Deal Dean Echols English

Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Bowen Brannon Dawkins Edge

Engram Fuller Kennedy (presiding) McKenzie

Newbill Scott of 36th Shumake

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 96. By Senators Walker of the 43rd, Langford of the 35th, Tate of the 38th and Kidd of the 25th:

A RESOLUTION
Proposing an amendment to the Constitution so as to change the terms of office of members of the State Board of Pardons and Paroles; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IV, Section II of the Constitution is amended by striking Paragraph I in its entirety and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. State Board of Pardons and Paroles. There shall be a State Board of Pardons and Paroles which shall consist of five members appointed by the Governor, subject to confirmation by the Senate. The members of the board in office on December 31, 1990, shall serve out the remainder of their respective terms, provided that the expiration date of the term of any such member shall be December 31 of the year in which the member's term expires. As each term of office expires, the Governor shall appoint a successor as herein provided. All such terms of members appointed after December 31, 1990, shall be for four years. A chairman shall be selected by the members of the board from its membership."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to change the terms of office of members of the State Board of Pardons and Paroles from seven years to four years?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Senator Collins of the 17th offered the following amendment:

Amend SR 96 by adding the following language to page 1, line 24, following the word "membership":
"Further, the General Assembly, by law, may prohibit the Board of Pardons and Pa roles from granting and may prescribe the terms and conditions for the board's granting a pardon or parole to any person convicted of manufacturing, delivering, distributing, dispens ing, administering or selling a controlled substance or drug in violation of the laws of this state."

FRIDAY, FEBRUARY 10, 1989

647

"yeaArsn":d by further adding the following language to page 2, line 6, following the word
"and shall the Constitution be amended so as to authorize the General Assembly, by law, to prohibit the Board of Pardons and Paroles from granting a pardon or parole or to authorize the General Assembly, by law, to prescribe the terms and conditions for the board's granting a pardon or parole to any person convicted of manufacturing, delivering, distributing, dispensing, administering, selling or possessing with intent to distribute a con trolled substance or drug in violation of the laws of this state?"
Senator Barnes of the 33rd offered the following amendment:
Amend SR 96 by striking on page 1, line 22 and line 23, the following: "four"
and inserting therein

Senator Howard of the 42nd offered the following amendment:

Amend SR 96 by adding the following at line 25, paragraph 2:
"The Pardon and Parole Board shall not be authorized to grant a pardon or parole to any felon serving a sentence for any felony designated by law by the General Assembly until such felon has served at least one-third of his sentence."

Senator Fuller of the 52nd offered the following amendment:

Amend SR 96 by adding the following to line 24, page 1:
"Further the General Assembly shall be authorized to provide that in certain cases wherein a person is convicted of murder that a sentence of life without possibility of parole may be applied by the jury or by the sentencing judge. The General Assembly shall be authorized to establish by law the criteria for the imposition of such sentence and the Board of Pardons and Paroles shall not be empowered, in such cases, to grant parole."
and by amending the questions on lines 3 and 5, page 2, to include the language of this amendment.

Senator Garner of the 30th moved that SR 96 be placed on the Table.

Senator Walker of the 43rd moved the previous question.

On the motion offered by Senator Garner of the 30th, which motion takes precedence, Senator Howard of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Brannon Broun Burton

Deal Engram Garner Harris

Johnson McKenzie Peevy

Those voting in the negative were Senators:

Albert Allgood Barker

Clay Coleman Collins

Coverdell Dawkins Dean

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JOURNAL OF THE SENATE

Echols Edge
English Foster
Fuller Gillis Hammill Howard Kidd Land

Langford Newbill
Olmstead Parker
Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray

Scott of 2nd Scott of 36th
Starr Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes Bowen

Fincher Huggins

Kennedy (presiding) Shumake

On the motion, the yeas were 11, nays 39; the motion was lost, and SR 96 was not placed on the Table.

On the motion offered by Senator Walker of the 43rd, Senator Howard of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Broun Coleman Dawkins Dean
Echols Engram

Howard Johnson Kidd Langford Olmstead Parker
Perry Pollard

Ragan of 10th Stumbaugh Tate
Taylor
Timmons Turner Walker

Those voting in the negative were Senators:

Albert Allgood Barnes Brannon Burton Clay Collins Coverdell Deal

Edge English Foster Fuller Garner Gillis Hammill Land McKenzie

Newbill Peevy Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Tysinger

Those not voting were Senators:

Bowen Fincher

Harris Huggins

Kennedy (presiding) Shumake

On the motion offered by Senator Walker of the 43rd, the yeas were 23, nays 27; the motion was lost, and the previous question was not ordered.

On the adoption of the amendment offered by Senator Collins of the 17th, Senator Collins of the 17th called for the yeas and nays; the call was sustained, and the vote was as follows:

FRIDAY, FEBRUARY 10, 1989

649

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Brannon Burton Clay Collins Coverdell Dean Edge

Fincher Foster Garner Gillis Hammill Harris Howard Land McKenzie Newbill Perry

Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Taylor Timmons Turner Tysinger

Those voting in the negative were Senators:

Allgood Broun Coleman DDeaawl kms
Echols English

Engram Fuller Hugging JKoihdndson
Langford Olmstead

Parker Peevy Pollard
Scott of 36th
Tate Walker

Those not voting were Senators:

Bowen

Kennedy (presiding)

Shumake

On the adoption of the amendment, the yeas were 33, nays 20, and the amendment offered by Senator Collins of the 17th was adopted.

On the adoption of the amendment offered by Senator Barnes of the 33rd, the yeas were 32, nays 11, and the amendment was adopted.

On the adoption of the amendment offered by Senator Howard of the 42nd, Senator Howard of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker
Bames Bowen Brannon BR rou. n "1Ua Coleman C olli ns Coverdell Dawkins Deal Dean

Echols Edge English
Engram Foster Fuller G.-, arner Gillis Hammill Harris Howard Huggins Johnson Land

McKenzie Newbill Perry
Phillips Ragan of 10th Ragan of 32nd ,R-, ay Scott of 2nd Starr Stumbaugh Taylor Timmons Turner Tysinger

Those voting in the negative were Senators:

Kidd Langford Olmstead

Parker Peevy Pollard

Scott of 36th Tate Walker

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun BCC,,,loualryetomnan Collins
Coverdell Dawkins Deal Dean Echols Edge

English Engram Foster Fuller Gillis Hammill Harris HJHITouohgwngsamordns Kidd
Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of loth Ragan of 32nd R o,,Qccoot,t,tt o01f,f 3026ndt,h, btarr
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Fincher

Garner Kennedy (presiding)

Shumake Stumbaugh

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 538. By Representatives Godbee of the 110th, Reaves of the 147th, Greene of the 130th and others:
A bill to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of vehicles generally, so as to provide that cer tain trailers and semitrailers shall comply with the requirements for emblems on slow-moving vehicles; to provide certain requirements for lights and reflectors on certain trailers and semitrailers or to require escort vehicles in lieu thereof.
Senate Sponsor: Senator Coleman of the 1st.

The Senate Committee on Transportation offered the following amendment:

Amend HB 538 by adding following the word "thereof on line 8 of page 1 the following:
"; to provide that such requirements shall not be construed to impose a duty on manu facturers of implements of husbandry".
By striking line 30 of page 3 in its entirety and inserting in lieu thereof the following:
"semitrailer.
(c) Nothing in this Code section shall be construed to impose a duty on a manufacturer of an implement of husbandry under Code Section 40-8-1 to install an electric lighting sys tem, tail lights, or red flashing lights or otherwise equip implements of husbandry to be in compliance with the provisions of this Code section at the time of manufacture or sale; it

FRIDAY, FEBRUARY 10, 1989

653

being the intent of this Code section to place a duty on operators of the equipment only under specified circumstances and conditions and not on manufacturers.' "

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Coverdell Dawkins Dean Echols Edge

Fincher Foster Fuller Gillis Hammill Harris Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Deal English Engram

Garner Howard Kennedy (presiding)

Scott of 36th Shumake Stumbaugh

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 401. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible to hold civil office, so as to reduce the residency requirement for certain county and municipal offices.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Bowen

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JOURNAL OF THE SENATE

time the Senate would stand adjourned, pursuant to HR 267 adopted previously, until 10:00 o'clock A.M., Monday, February 13.

MONDAY, FEBRUARY 13, 1989

657

Senate Chamber, Atlanta, Georgia Monday, February 13, 1989
Twenty-third Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the proceedings of Friday, February 10, had been read and found correct.
Senator Baldwin of the 29th moved that the Senate reconsider its action of Friday, February 10, in defeating the following bill of the Senate:
SB 233. By Senator Baldwin of the 29th: A bill to amend Code Section 33-13-3 of the Official Code of Georgia Annotated, relating to acquisition of control of or merger with a domestic insurer, so as to require an acquiring party to file with the Commissioner of Insurance financial statements certified by a certified public accountant as to the earnings and finan cial condition of such party.
On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 233 was recon sidered and placed on the Senate General Calendar.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 718. By Representatives Alford of the 57th, Athon of the 57th, Mangum of the 57th, Baker of the 51st, Lawrence of the 49th and others: A bill to amend an Act incorporating the City of Avondale Estates, so as to pro vide for the corporate limits of said city.
HB 722. By Representatives Richardson of the 52nd, Oliver of the 53rd, Redding of the 50th, Williams of the 54th, Teper of the 46th and others: A bill to provide for the deferral of City of Decatur ad valorem taxes for certain elderly persons; to provide for a short title.
HB 431. By Representatives Godbee of the 110th, Kilgore of the 42nd, Birdsong of the 104th, Murphy of the 18th, Foster of the 6th and others: A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to the length of vehicles and loads, so as to provide for loads to extend beyond the rear of the vehicle under certain circumstances.
HB 367. By Representatives Watson of the 114th and Jackson of the 9th: A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds created for the purpose of pro viding workers' compensation benefits, so as to change the provisions relating to

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JOURNAL OF THE SENATE

securities deposit; to provide that certain funds shall be exempt from the securi ties deposit or surety bond requirements after a certain period of time.
HB 472. By Representative Groover of the 99th:
A bill to amend Code Section 33-24-3 of the Official Code of Georgia Annotated, relating to the requirement of insurable interest with reference to personal insur ance, so as to provide that any corporation shall have an insurable interest in the lives of any of its directors, officers, and employees and that trusts providing benefits to employees shall have an insurable interest in the lives of any such employees.
HB 345. By Representatives Alford of the 57th, Dobbs of the 74th, Bailey of the 72nd, Hanner of the 131st, Crawford of the 5th and others:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to provide that the Board of Natural Resources shall adopt rules or regulations relating to certain discharges of pollutants into the waters of this state.
HB 404. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain identification cards may be used as proper identification for the purpose of registering as an elector or a municipal elector.
HB 368. By Representative McDonald of the 12th:
A bill to amend Code Section 34-8-51 of the Official Code of Georgia Annotated, relating to the definition of wages with respect to unemployment compensation, so as to exclude from consideration as wages certain payments made to an em ployee during a period of temporary layoff.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 162. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A resolution creating the Access to Health Care Commission.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 318. By Senator Garner of the 30th: A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to authorize a medical examiner to have a body embalmed to avoid the threat of infectious disease prior to release of the body to the next of kin; to authorize a coroner, medical exam iner, or peace officer to take anatomical specimens and to test or examine speci mens or articles as may be necessary or useful in determining cause of death.
Referred to Committee on Human Resources.
SB 319. By Senator Garner of the 30th: A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to change certain fees which the medical examiner is entitled to for performing certain examinations; to

MONDAY, FEBRUARY 13, 1989

659

change certain provisions relating to reports of post-mortem examinations and investigations; to repeal certain provisions providing fees for peace officers.
Referred to Committee on Human Resources.
SB 320. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, so as to provide for definitions; to provide for a program to ensure appropriate physician direction over the rendering of emergency medical services by certain emergency medical services personnel; to provide for duties and responsibilities of the ambulance service medical director.
Referred to Committee on Human Resources.
SB 321. By Senator Deal of the 49th:
A bill to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process under the "Georgia Civil Practice Act"; Chapter 12 of Title 40 of the Official Code of Georgia Annotated, relating to actions against nonresi dents, so as to change the provisions relating to service of process on the Secre tary of State; to change the practices and procedures related thereto; to change the provisions relating to fees. Referred to Committee on Judiciary.
SB 322. By Senators Pollard of the 24th, Barnes of the 33rd, Dean of the 31st and Garner of the 30th:
A bill to amend Code Section 15-21-73 of the Official Code of Georgia Annotated, relating to additional penalties to be imposed in certain criminal and traffic cases and upon violation of a bond for the purpose of funding peace officer and prose cutor training, so as to change the provisions relating to the amount of such addi tional penalties. Referred to Committee on Public Safety.
SB 323. By Senator Coverdell of the 40th:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to the prohibition of councils binding future councils, so as to change the provisions relating to governing authorities of municipal corporations having a population of not less than 400,000. Referred to Committee on Urban and County Affairs (General).
SB 324. By Senator Allgood of the 22nd:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to courts in general, and Title 47 of the Official Code of Georgia Anno tated, relating to retirement and pensions, so as to change provisions relative to senior judges serving as judges of the superior courts; to change provisions relat ing to the compensation of senior judges so serving. Referred to Committee on Judiciary.
SB 325. By Senators Peevy of the 48th, Foster of the 50th and Deal of the 49th:
A bill to amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the establishment of equalized adjusted school property tax digest by the state auditor, the establishment and use of average ratio, and the furnishing of information to the State Board of Education, so as to provide that the ratio

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shall be determined by establishing the ratio of assessed value to sales price for a representative number of parcels of real property. Referred to Committee on Education.
SB 326. By Senators Starr of the 44th, Kennedy of the 4th, Allgood of the 22nd and others: A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial affairs by the Office of Planning and Budget, so as to require the Office of Planning and Budget to prepare an annual continuation budget report.
Referred to Committee on Governmental Operations.
SR 135. By Senators Coverdell of the 40th, Phillips of the 9th and Collins of the 17th: A resolution proposing an amendment to the Constitution to prohibit supple mentary appropriations Acts and amendments to general appropriations Acts un less additional appropriations are necessary as a result of an emergency pro claimed by the Governor and are approved by a two-thirds' vote of the Senate and the House of Representatives in a roll-call vote; to provide for the submis sion of this amendment for ratification or rejection.
Referred to Committee on Appropriations.
SR 138. By Senator Phillips of the 9th: A resolution creating the Joint Study Committee on Bonds Without Referenda.
Referred to Committee on Appropriations.
SR 139. By Senator Phillips of the 9th: A resolution creating the Senate Study Committee on County Officers' Personnel.
Referred to Committee on Urban and County Affairs (General).
SR 140. By Senators Starr of the 44th, Allgood of the 22nd, Kennedy of the 4th and others: A resolution creating the Commission on Economy and Efficiency in State Government.
Referred to Committee on Governmental Operations.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 345. By Representatives Alford of the 57th, Dobbs of the 74th, Bailey of the 72nd, Hanner of the 131st, Crawford of the 5th and others: A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to provide that the Board of Natural Resources shall adopt rules or regulations relating to certain discharges of pollutants into the waters of this state.
Referred to Committee on Natural Resources.
HB 367. By Representatives Watson of the 114th and Jackson of the 9th: A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds created for the purpose of pro viding workers' compensation benefits, so as to change the provisions relating to

MONDAY, FEBRUARY 13, 1989

661

securities deposit; to provide that certain funds shall be exempt from the securi ties deposit or surety bond requirements after a certain period of time. Referred to Committee on Insurance.
HB 368. By Representative McDonald of the 12th: A bill to amend Code Section 34-8-51 of the Official Code of Georgia Annotated, relating to the definition of wages with respect to unemployment compensation, so as to exclude from consideration as wages certain payments made to an em ployee during a period of temporary layoff.
Referred to Committee on Industry and Labor.
HB 404. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain identification cards may be used as proper identification for the purpose of registering as an elector or a municipal elector. Referred to Committee on Governmental Operations.
HB 431. By Representatives Godbee of the 110th, Kilgore of the 42nd, Birdsong of the 104th, Murphy of the 18th and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to the length of vehicles and loads, so as to provide for loads to extend beyond the rear of the vehicle under certain circumstances. Referred to Committee on Transportation.
HB 472. By Representative Groover of the 99th:
A bill to amend Code Section 33-24-3 of the Official Code of Georgia Annotated, relating to the requirement of insurable interest with reference to personal insur ance, so as to provide that any corporation shall have an insurable interest in the lives of any of its directors, officers, and employees and that trusts providing benefits to employees shall have an insurable interest in the lives of any such employees. Referred to Committee on Insurance.
HR 162. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A resolution creating the Access to Health Care Commission. Referred to Committee on Human Resources.
HB 718. By Representatives Alford of the 57th, Athon of the 57th, Mangum of the 57th and others:
A bill to amend an Act incorporating the City of Avondale Estates, so as to pro vide for the corporate limits of said city. Referred to Committee on Urban and County Affairs.
HB 722. By Representatives Richardson of the 52nd, Oliver of the 53rd, Redding of the 50th and others:
A bill to provide for the deferral of City of Decatur ad valorem taxes for certain elderly persons; to provide for a short title. Referred to Committee on Urban and County Affairs.

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870. Lou B. Holdsworth 1617 Bryn Mawr Circle Marietta, Georgia 30068 404/973-4355 Walton High School Mt. Bethel PTA-Elementary Dickerson Middle School PTSA
871. Denise Tanner 751 Rock Springs Road Lawrenceville, Georgia 30245 404/932-8112 Citizen

877. Stephanie Jordan Box 21370, Emory University Atlanta, Georgia 30322 404/727-1859 Students For A Better Educated Georgia
878. Laurie Cunningham 974 Klondike Court Conyers, Georgia 30207 404/483-6168 Parole Consultant Services of Georgia, Inc.

872. Nancy Roddy 1752 McLendon Avenue Atlanta, Georgia 30307 404/377-0136 Physical Therapy Association of Georgia

879. Herman R. Daniell 1 Depot Street Marietta, Georgia 30060 404/421-3100 Georgia Association of Assessing Officials

873. Rusty Kidd Post Office Box 77102 Atlanta, Georgia 30357 404/876-0353 Charter Medical Corporation Hemophilia Foundation of Georgia R.J. Reynolds U.S.A. Georgia Special Olympics Kidd & Associates Middle Georgia Management Services Inc. Georgia Business Travel Corp.
874. Laurence A. Ceminsky 277 Powder Springs Road Marietta, Georgia 30064 404/428-6690 Cobb County Victim/Witness Assistance Unit Georgians For Victim Justice
875. William Richard Payne 2164 Fort Benning Road Columbus, Georgia 31903 404/689-0066 Citizen

880. Larry S. McReynolds Suite 520 South Tower One CNN Center Atlanta, Georgia 30303-2705 404/525-7620 BMMA-Building Material Merchant Association CEC/GA-Consulting Engineers Council of Georgia GUCA-Georgia Utility Contractors Association NECA-National Electrical Contractors Association
881. Joyce Carter Stevens 500 Northridge Road, Suite 825 Atlanta, Georgia 30350 404/641-4444 Browning-Ferris Industries, Inc.
882. S. Warren Jackson 460 East Paces Ferry Road Atlanta, Georgia 30305 404/522-2455 Jackson Management Enterprises, Inc.

876. Ami Patel Box 21116-Emory Atlanta, Georgia 30322 404/727-1210 Students For A Better Educated Georgia

883. Bette C. McEvoy 400 Fowler Drive Athens, Georgia 30601
404/357-5330 Professional Association of Georgia
Educators

MONDAY, FEBRUARY 13, 1989

669

884. Gregory Cleon Neal 400 Fowler Drive Athens, Georgia 30601 404/357-5330 American Federation of Teachers Clarke County School District Georgia Athletic Coaches Association
885. Cecilia B. Artis 400 Fowler Drive Athens, Georgia 30601 404/357-5330 American Federation For Teachers Clarke County School District
886. Lisa Mullins Peters 675 Ponce de Leon Avenue, N.E., Suite 908 Atlanta, Georgia 30395 404/885-3890 Ross, Russell, Ellis and Bailey (Research Excellence, Inc.)
887. W. Elaine Bradley-Tillier 675 Ponce de Leon Avenue, N.E., Suite 908 Atlanta, Georgia 30395 404/885-3885 Ross, Russell, Ellis and Bailey (Research Excellence, Inc.)

Robert Howard 2123 Hillsinger Road Augusta, Georgia 30904 404/796-5025 Citizen
889. Susan B. Meek 6257-A Green Hill Drive Norcross, Georgia 30093 404/921-6154 Family Life Concerns
890. Claudia B. Ward P.O. Box 869 Ringgold, Georgia 30736 404/935-2345 Ringgold Telephone Company
891. Gail Buckner 1262 Trahlyta Terrace Lake City, Georgia 30260 404/361-0798 Intervention For Children

The following resolutions of the Senate were read and adopted:

SR 136. By Senators Ray of the 19th, Perry of the 7th, Ragan of the 10th and others: A resolution recognizing Amoco Corporation and its subsidiaries.

SR 137. By Senator Phillips of the 9th:
A resolution inviting all the members of this body to the 1989 edition of the Gwinnett County Chamber of Commerce's salute to the Georgia General Assembly.

SR 141. By Senator Kennedy of the 4th: A resolution expressing sympathy at the passing of Honorable Frank M. Smith.

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Monday, February 13, 1989 TWENTY-THIRD LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 259 Kidd, 25th, Jasper County
Provides for the election of the members of the board of education of Jasper

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County; provides for education districts; provides the composition of the board; provides for qualifications and residency requirements; provides for terms of office; provides for continuation in office of members of the present board; provides for elections.

SB 281 Kidd, 25th City of Monticello Jasper County
Repeals certain provisions relating to residency requirements for employees of the city; to change the provisions relating to fines imposed by the judge of the municipal court.

HB 411 Newbill, 56th City of Alpharetta Fulton County
Changes the maximum fine which may be imposed by the judge of the mu nicipal court.

HB 550 Clay, 37th Brannon, 51st Cherokee County
Provides for a supplement to the compensation of the sheriff, the clerk of the superior court, the tax commissioner, and the judge of the Probate Court.

HB 615 Bowen, 13th City of Cordele Crisp County
Revises completely the provisions relating to the court of the City of Cordele and provides for a municipal court.

Senator Kidd of the 25th moved that SB 259 be committed to the Senate Committee on Urban and County Affairs.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 259 was commit ted to the Senate Committee on Urban and County Affairs.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, except SB 259, 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 Burton Clay Collins Coverdell Dawkins

Deal Dean Echols Edge English Engram Fincher Foster Gillis Hammill Harris Huggins

Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips

MONDAY, FEBRUARY 13, 1989

671

Pollard Ragan of 10th Ragan of 32nd Ray

Scott of 36th Starr Stumbaugh Tate

Taylor Turner Tysinger

Those not voting were Senators:

Albert Coleman Fuller

Garner Howard Scott of 2nd

Shumake Timmons Walker

On the passage of all the local bills, except SB 259, the yeas were 47, nays 0.

All the bills on the Senate Local Consent Calendar, except SB 259, having received the requisite constitutional majority, were passed.

Senator Gillis of the 20th introduced the family of Sam McGill, deceased former Sena tor from the 24th District, to whom the Senate paid tribute by SR 66 adopted previously.

Senators Gillis of the 20th, Fincher of the 54th, Kennedy of the 4th, Allgood of the 22nd, English of the 21st and Lieutenant Governor Miller delivered eulogies in memory of the late Senator McGill.

Senator Land of the 16th introduced the President of the Columbus, Georgia, Chamber of Commerce, who are hosting the City of Columbus Legislative Reception on February 13.

Senator Baldwin of the 29th introduced the doctor of the day, Dr. Jim Killebrew, of LaGrange, Georgia.

SENATE RULES CALENDAR
Monday, February 13, 1989
TWENTY-THIRD LEGISLATIVE DAY
SB 212 Child Support--waive when child with non-custodial parent (Substitute) (S Judy--33rd)
SB 213 School Buses--lights required (Substitute) (Pub S--22nd) SB 217 Criminal Trial Defendant--testifying in own behalf (S Judy--45th)
SB 229 Hospital Authorities--additional functions (Hum R--28th) SB 234 Medicare Supplement Insurance--provide for unfair trade practices (Amend
ment) (Ins--29th)
SB 238 Child Custody Cases--applications for appeal not apply (S Judy--48th) SB 239 Defamatory Statement in Broadcast--retraction evidence admissible
(S Judy--33rd) SB 242 Police Chief Emeritus--create honorary office (Pub S--32nd) SB 251 Office of Public Defender--General Assembly create by local law (S Judy--48th) SB 260 Public Safety Department--provisions on headquarters staff organization (Pub
S--13th)
SB 262 Public Safety Department Uniform Division--change certain qualifications (Pub S--13th)
SR 103 Joint Study Committee on Solid Waste Management--create (Amendment) (Nat R--20th)
SR 104 Medicaid Drug Expenditures--urge actions to control (Hum R--42nd)

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HB 254 Blind Electors--no oath to receive assistance (Gov Op--53rd)
HR 66 George S. Lee Causeway--designate (Trans--llth) HR 110 Juliette Gordon Low Highway--designate (Trans--53rd) HB 301 Special License Plates--commemorating colleges, universities (Substitute)
(Amendment) (Trans--46th) HB 45 Joint County, City Sales Tax--rate increase (B&F--15th)
HB 50 Field and Retriever Trials--provision on hunting license (Nat R--20th) HB 161 Student Finance Commission Board of Commissioners--compensation
(H Ed--54th)
HB 234 Federal, State Candidates--challenges to qualifications (Gov Op--25th) HB 346 Chief Deputy Registrars--exempt from certain restrictions (Gov Op--25th) HB 405 Offenses Regarding Elections--provisions on vote disclosure (Gov Op--25th) HB 49 Boat Safety Act--define "sailboard" (Amendment) (Nat R--7th) HB 316 Banking and Finance Commissioner--filling vacancy (B&F--8th) HB 205 Domestic Insurers--examined every three years (Ins--29th) HB 130 Commercial Driver's License--provide (Amendments) (Trans--1st) SB 204 Possessing, Selling Drugs, School Property--criminal offense (Amendment)
(S Judy--9th) SB 235 Mental Illness--define "traumatic brain injury" (Amendment) (Hum R--21st)
Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman
Senate Rules Committee
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 212. By Senator Barnes of the 33rd: A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide that in cases where a parent who has been awarded custody of a child voluntarily surrenders actual physical custody of the child to the noncustodial parent, such noncus todial parent shall be relieved from any obligation to pay child support for such child until the child is returned to the custodial parent.
The Senate Committee on Special Judiciary offered the following substitute to SB 212:
A BILL
To be entitled an Act to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide that in cases where a parent who has been awarded custody of a child voluntarily surrenders, for a period of 30 days or more, actual physical custody of the child to the noncustodial parent and the noncustodial parent assumes responsibility for the actual physical custody of the child, such noncustodial parent shall be relieved from any obligation to pay child support for such child until the child is returned to the actual physical custody of the custodial parent or until otherwise provided by court order; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to

MONDAY, FEBRUARY 13, 1989

673

alimony and child support generally, is amended by inserting following Code Section 19-630 a new Code Section 19-6-31 to read as follows:
"19-6-31. In any case where a parent who has been awarded custody of a child volunta rily surrenders, for a period of 30 days or more, actual physical custody of the child to the noncustodial parent, and such surrender is not pursuant to an order of the court and the noncustodial parent assumes responsibility for the actual physical custody of the child, such noncustodial parent shall be relieved from any obligation to pay child support for such child during the time the child is in the actual physical custody of the noncustodial parent."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Coleman Garner

McKenzie Ray

Shumake Timmons

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 213. By Senator Allgood of the 22nd:
A bill to amend Code Section 40-8-111 of the Official Code of Georgia Annotated, relating to school bus equipment, generally, so as to change the configuration and number of lights required on school buses.

The Senate Committee on Public Safety offered the following substitute to SB 213:

A BILL To be entitled an Act to amend Code Section 40-8-111 of the Official Code of Georgia

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Annotated, relating to school bus equipment, generally, so as to change the configuration and number of lights required on school buses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-8-111 of the Official Code of Georgia Annotated, relating to school bus equipment, generally, is amended by striking paragraph (4) of subsection (a) in its entirety and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) The body of the bus shall be equipped with four red flasher lights and four amber flasher lights. Such lights shall be at least 5 3/4 inches in diameter, sealed beam, and must flash when the bus is stopped to receive or discharge passengers. Two red and two amber lights shall be mounted in the front of the body above the windshield, and two red and two amber lights shall be mounted on the rear of the body above the rear windows. New buses purchased after July 1, 1990, shall comply with this paragraph;".
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill

Olmstead Parker Peevy Perry Phillips Pollard Ragan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Garner McKenzie

Ragan of 10th Ray

Shumake

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

MONDAY, FEBRUARY 13, 1989

675

SB 217. By Senators Dawkins of the 45th, Starr of the 44th and Kennedy of the 4th:
A bill to amend Code Section 24-9-20 of the Official Code of Georgia Annotated, relating to testimony by a defendant in a criminal trial, so as to provide that if a defendant in a criminal trial testifies in his own behalf, evidence of his general bad character or prior convictions shall be admissible for purposes of impeachment.

Senator Edge of the 28th moved that SB 217 be committed to the Senate Committee on Special Judiciary.

Senator Land of the 16th moved the previous question.

On the motion offered by Senator Land of the 16th, which motion takes precedence, the yeas were 27, nays 11; the motion prevailed, and the previous question was ordered.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Barnes Brannon BCorolluinns
Dawkins Dean Echols English

Engram Fincher Foster Garner GHialmlismill
Harris Huggins Johnson Kidd

Land Newbill Olmstead Pollard *,, agan of, 3,,,,2nd,
v Starr Stumbaugh Walker

Those voting in the negative were Senators:

Allgood Baldwin Bowen
Coeman Coverdell Deal Edge

Fuller Langford McKenzie Parker Peevv Perry Phillips Ragan of 10th

Scott of 2nd Scott of 36th Shumake Tate Taylor Timmons Turner Tysinger

Not voting were Senators Howard and Kennedy (presiding).

On the passage of the bill, the yeas were 29, nays 25.

The bill, having received the requisite constitutional majority, was passed.

Senator Dawkins of the 45th moved that SB 217 be immediately transmitted to the House.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 217 was immedi ately transmitted to the House.

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SB 229. By Senator Edge of the 28th: A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Authorities Law," so as to provide for addi tional functions and powers of hospital authorities; to provide for additional pur poses for which proceeds of the sale of a hospital may be expended.
Senator Edge of the 28th offered the following amendment:
Amend SB 229 by inserting following the word "expended" on line 6 of page 1 the following:
"; to provide for conditions, practices, procedures, and notices relating to the expendi ture of proceeds of the sale of a hospital".
By inserting preceding the word "If on line 21 of page 3 the following:
"Prior to determining that adequate funds are available for the provision of hospital care for the individual residents of the political subdivision, the hospital authority shall demonstrate that the hospital authorized to be reimbursed under the trust fund has had in operation for the previous fiscal year a program of posted written and oral notices to indi viduals seeking or receiving care at the facility of the availability of care purchased through the trust fund and the terms of eligibility for such care."
By inserting a new subsection (b) between lines 30 and 31 of page 3 to read as follows:
"(b) The hospital authority shall make all decisions regarding distribution of any trust funds for purposes other than indigent health care at a regular or specially called public meeting of such authority."
By striking from line 31 of page 3 the following: "(b)",
and inserting in lieu thereof the following: "(c)".
By striking from line 11 of page 4 the following: "(c)",
and inserting in lieu thereof the following: "(d)".
By striking from line 17 of page 4 the following: "(d)",
and inserting in lieu thereof the following: "(e)".

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Bowen

Brannon Broun Burton

MONDAY, FEBRUARY 13, 1989

677

Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge English Engrain Fincher Foster Fuller

Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tysinger Walker

Those not voting were Senators:

Kennedy (presiding) Parker

Shumake Taylor

Turner

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 234. By Senator Baldwin of the 29th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance and known as the "Georgia Insurance Code," so as to provide for un fair trade practices with regard to medicare supplement insurance; to provide for editorial revision; to provide for definitions; to provide for applicability; to pro vide standards for provisions of medicare supplement insurance policies.

The Senate Committee on Insurance offered the following amendment to SB 234:

Amend SB 234 by striking lines 6 through 13 of page 8 and inserting in their place the following:
"(c) In situations where an existing policy is replaced by another policy with the same company where the new policy benefits are substantially similar to the benefits under the old policy and the old policy was issued by the same insurer or insurer group, no entity shall provide compensation to its agents or other producers which is greater than the renewal compensation which would have been paid on an existing policy."
By adding before the semicolon on line 29 of page 9 the following:
"or limited benefit policies".

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Bowen

Brannon Broun Burton

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JOURNAL OF THE SENATE

Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge English Engrain Fincher Foster Fuller Garner

Gillis Hammill Harris Howard Huggins Johnson Kidd Land 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 Timmons Turner Tysinger Walker

Not voting were Senators Kennedy (presiding) and Taylor.

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 238. By Senators Peevy of the 48th, Deal of the 49th and Allgood of the 22nd:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which applications for appeal are required, so as to provide that such procedures for appeal shall not apply to child custody cases.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun B urton
Cofleman CCoolvleinrds ell
Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris
SHugwgairnds JKoihdndson
Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd ^ Scott of 2nd
Sccott of 36th ^Sttau"mbaugh,
Tate Tay'or Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker

Kennedy (presiding)

Shumake

MONDAY, FEBRUARY 13, 1989

679

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 239. By Senator Barnes of the 33rd:
A bill to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to provide for the admissibility of evidence concerning correction and retraction in an action based on alleged defamatory statements in a visual or sound broadcast; to provide for the effect thereof on damages in such actions; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes Bowen Brannon Broun Burton
Clay Coleman Collins Coverdell Dawkins
Deal Dean Echols

Edge English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land
Langford Newbill

Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Tysinger Walker

Voting in the negative were Senators Parker and Tate.

Those not voting were Senators:

Kennedy (presiding) McKenzie

Shumake

Turner

On the passage of the bill, the yeas were 50, nays 2.

The bill, having received the requisite constitutional majority, was passed.

SB 242. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and Barnes of the 33rd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to create the honor ary office of police chief emeritus.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon
roun c"a CoUins
Dawkins jj ea l D ean Echols English Engram Fincher

Foster Fuller Garner Gillis Hammill Harris
Howard Huggins i^ n
Kldd Land Langford Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th Shumake
Sta" u Stumbaugh Tate Taylor Timmons Tysinger Walker

Those not voting were Senators:

Barnes Coleman Coverdell

Edge Kennedy (presiding)

McKenzie Turner

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 251. By Senator Peevy of the 48th:
A bill to amend Article 1 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to local indigent defense programs generally, so as to author ize the General Assembly to create the office of public defender by local law and to provide for the method of selection, powers, duties, authority, and funding of such office; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Broun Burton Clay Collins Coverdell

Dawkins Deal Dean Echols Edge English Engram Fincher Foster Fuller Garner

Gillis Hammill Harris Huggins Johnson Kidd Land Langford Newbill Olmstead Parker

MONDAY, FEBRUARY 13, 1989

681

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 voting were Senators:

Baldwin Coleman

Howard Kennedy (presiding)

McKenzie

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 70. By Representatives Parham of the 105th, Atkins of the 21st and Parrish of the 109th:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for legislative intent; to require the Department of Medical Assistance to establish a Medicaid Prescription Drug Bidding and Rebate Program and provide for condi tions, procedures, and requirements relating thereto.

HB 187. By Representative Randall of the 101st:
A bill to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to change the provisions relating to execution hearings on failure of the principal to appear; to change time limits; to provide for filing of a fieri facias; to provide for applicability; to change the provisions relating to conditions not warranting forfeiture of a bond for failure to appear.

HB 476. By Representatives Mueller of the 126th, Alien of the 127th, Dixon of the 128th, Smith of the 78th, Bannister of the 62nd and others:
A bill to amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of watercraft, so as to provide for comprehensive procedures for the disposition of abandoned vessels.

The following bills of the House were read the first time and referred to committees:

HB 70. By Representatives Parham of the 105th, Atkins of the 21st and Parrish of the 109th:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for legislative intent; to require the Department of Medical Assistance to establish a

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JOURNAL OF THE SENATE

Medicaid Prescription Drug Bidding and Rebate Program and provide for condi tions, procedures, and requirements relating thereto.
Referred to Committee on Human Resources.

HB 187. By Representative Randall of the 101st:
A bill to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to change the provisions relating to execution hearings on failure of the principal to appear; to change time limits; to provide for filing of a fieri facias; to provide for applicability; to change the provisions relating to conditions not warranting forfeiture of a bond for failure to appear.
Referred to Committee on Special Judiciary.

HB 476. By Representatives Mueller of the 126th, Alien of the 127th, Dixon of the 128th and others:
A bill to amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of watercraft, so as to provide for comprehensive procedures for the disposition of abandoned vessels.
Referred to Committee on Natural Resources.

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 260. By Senator Bowen of the 13th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change certain provisions relative to the organization of the headquarters staff; to abolish the position of deputy commissioner.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

MONDAY, FEBRUARY 13, 1989

683

Those not voting were Senators:

Brannon Coleman

Kennedy (presiding) Langford

Scott of 2nd

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 262. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Code Section 35-2-43 of the Official Code of Georgia Annotated, relating to persons eligible for appointment to or enlistment in the Uniform Divi sion of the Department of Public Safety, so as to change certain qualifications.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Coverdell Dawkins Deal Dean Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Johnson Kidd Land Langford McKenzie 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 voting were Senators:

Coleman Echols

Huggins Kennedy (presiding)

Newbill

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 103. By Senators Gillis of the 20th, McKenzie of the 14th and English of the 21st: A resolution creating the Joint Study Committee on Solid Waste Management.

The Senate Committee on Natural Resources offered the following amendment:

Amend SR 103 by striking from line 12 on page 3 the following: "citizen at large." and inserting in lieu thereof the following: "representative of the waste recycling industry."

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On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon B,,BCC.-,,lrouaolryeutomnnan
Collins Coverdell
Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis HTHH,HT,ouaamwgrrgiam.sirndijsll
Johnson Kidd
Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Pollard Ragan of ioth Ragan of 32nd Rav oo0ScQcch, nooutttmttt. ao0k1,lctedoz,,no,,dt,j,h
btarr Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker

Kennedy (presiding)

Phillips

On the adoption of the resolution, the yeas were 53, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

The President resumed the Chair.

SR 104. By Senators Howard of the 42nd, Starr of the 44th, Barnes of the 33rd and others:
A resolution urging the Department of Medical Assistance to take certain actions to control Medicaid drug expenditures.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes

Bowen Brannon Broun Burton Clay

Coleman Collins Coverdell Dawkins Deal

MONDAY, FEBRUARY 13, 1989

685

Dean Echols Edge English Engram Fincher Foster Fuller Garner Gillis Hammill Harris

Howard Huggins Johnson Kidd Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Kennedy Land

Ray Shumake

Stumbaugh

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 254. By Representatives Crawford of the 5th and Smith of the 16h:
A bill to amend Code Section 21-2-409 of the Official Code of Georgia Annotated, relating to assisting electors who cannot read or who have physical disabilities, so as to provide that blind electors shall not be required to take an oath in order to receive assistance in voting.
Senate Sponsor: Senator Huggins of the 53rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Brannon
B^.urorutonn Clay Collins Coverdell Dawkins
Deal Dean Echols Edge English Engram

Fincher Foster Fuller Garner
Gillis Hammill
gaorwriasrdj Huggins Johnson Kidd Land
Langford McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan Of 10th
Ragan of 32nd ^ay
SSccootttt ooff 326ndth 0, , f umake btarr Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

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Those not voting were Senators:

Bowen

Coleman

Kennedy

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 66. By Representative Greene of the 130th: A resolution designating the George S. Lee Causeway. Senate Sponsor: Senator Timmons of the llth.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as fol

lows: Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford 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

Not voting were Senators Kennedy and McKenzie.

On the adoption of the resolution, the yeas were 54, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 110. By Representative Crawford of the 5th: A resolution designating the Juliette Gordon Low Highway. Senate Sponsor: Senator Huggins of the 53rd.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Bowen

Brannon Broun Burton

MONDAY, FEBRUARY 13, 1989

687

Clay Coleman Collins Coverdell Dawkins
Dean Echols Edge English Engram Fincher Foster Fuller

Gillis Hammill Harris Howard Johnson
TLand McKenzie Newbill Olmstead Parker Peevy Perry Phillips

Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th
Sc humake ^tarr ,_ Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Garner Huggins

Kennedy Langford

Ragan of 10th Tate

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 301. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for spe cial license plates for commemorating colleges or universities; to provide that ap plications for such special license plates shall be made to the commissioner.
Senate Sponsor: Senator Broun of the 46th.

The Senate Committee on Transportation offered the following substitute to HB 301:

A BILL
To be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for spe cial license plates for commemorating colleges or universities; to provide that applications for such special license plates shall be made to the commissioner; to require a minimum number of applications for each institution as a condition for issuance of special license plates for such institution; to provide for fees and procedures; to provide for renewal and transfer of such plates; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-29.21, which reads as follows:
"40-2-29.21. Notwithstanding any other provision of this article to the contrary, in the event that the renewal or revalidation of any special license plate issued to commemorate any college, university, or institution and issued pursuant to any provision of this article is authorized for any time period on or after December 31, 1989, then all special plates issued to commemorate any college, university, or institution and issued pursuant to this article shall also be eligible for such renewal or revalidation upon request of the college, university, or institution commemorated by such special license plate.",

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in its entirety and inserting in lieu thereof a new Code Section 40-2-29.21 to read as follows:
"40-2-29.21. (a) The state revenue commissioner shall design a special license plate to be issued commemorating a college or university, which license plate shall be similar in design to the license plate issued to all other residents of the state except that the logo or emblem of the college or university shall be placed immediately to the left of the letters and numbers on the license plate. The name of the college or university shall be imprinted on such special license plate in lieu of the county name decal.
(b) Any resident motor vehicle owner desiring a special license plate commemorating a college or university shall submit to the commissioner a completed application form for such institution with a $25.00 manufacturing fee in addition to the regular motor vehicle registra tion fee. Upon complying with the motor vehicle registration and licensing laws and the requirements of this subsection and subject to the restriction in subsection (c) of this Code section, a resident motor vehicle owner shall be issued a special license plate.
(c) The commissioner shall retain all applications received for each such college or uni versity until a minimum of 1,000 applications have been received. After receipt of 1,000 applications for a commemorative license plate for a particular college or university, the commissioner will then design a license plate for such college or university. If the commis sioner does not receive the required minimum of 1,000 applications no later than July 31 of the year preceding the year of issuance of such plates, the commissioner shall not accept any applications for such institution and all fees shall be refunded to applicants.
(d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-29. Special license plates issued under this Code section may be transferred between vehicles as provided in Code Section 40-2-76."
Section 2. Said chapter is further amended by repealing Code Sections 40-2-29.1 through 40-2-29.20, relating to special license plates to commemorate certain colleges, uni versities, and other educational institutions, in their entirety.
Section 3. Section 1 of this Act shall become effective upon its approval by the Gover nor or upon its becoming law without such approval. Section 2 of this Act shall become effective on December 31, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senators Tate of the 38th, Allgood of the 22nd and Kidd of the 25th offered the follow ing amendment:
Amend the substitute to HB 301 offered by the Senate Committee on Transportation as follows:
By changing on page 2, lines 26, 27 and 31 the number "1,000" and inserting in lieu thereof the number "500".
On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

MONDAY, FEBRUARY 13, 1989

689

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kidd Land 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 Timmons Turner Tysinger Walker

Voting in the negative was Senator Taylor.

Not voting were Senators Garner and Kennedy.

On the passage of the bill, the yeas were 53, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 12:33 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Tuesday, February 14, 1989
Twenty-fourth Legislative Day
The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator Muggins 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 message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 668. By Representatives Thompson of the 20th, Atkins of the 21st, Vaughan of the 20th, Clark of the 20th, Howren of the 20th and others: A bill to amend an Act creating the Cobb County Commission on Children and Youth, so as to change the date upon which the commission will be abolished.
HB 729. By Representatives Smith of the 156th and Fennel of the 155th: A bill to amend an Act creating the Magistrate Court of Glynn County, so as to provide for the collection of an additional fee for the benefit of the Glynn County Law Library on each case filed in the Magistrate Court of Glynn County; to pro vide for the amount of the fee.
HB 730. By Representatives Smith of the 156th and Fennel of the 155th: A bill to amend an Act creating the State Court of Glynn County, so as to change the compensation of the judge of said court.
HB 736. By Representatives Buford of the 103rd, Birdsong of the 104th, Groover of the 99th, Lucas of the 102nd, Randall of the 101st and others: A bill to amend an Act to provide a new charter for the City of Macon, so as to provide that newly elected mayors and council members shall take office on the second Tuesday of December following their election.
HB 659. By Representative Lee of the 72nd: A bill to create the Metropolitan Atlanta Olympic Games Authority as a body corporate and public, a political subdivision of the state, and a public corpora tion; to provide for a short title; to provide for definitions; to provide for creation and organization; to provide for the membership of the authority and their terms of office and compensation.
HB 487. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th: A bill to amend Article 5 of Title 44 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed property, so as to change the time period within which the state revenue commissioner shall dispose of unclaimed property

TUESDAY, FEBRUARY 14, 1989

691

delivered to him; to provide that certain unclaimed property having insubstantial commercial value may be disposed of by the commissioner other than by sale.
HB 734. By Representatives Foster of the 6th, Groover of the 99th, Jackson of the 9th, Barnett of the 10th, Buck of the 95th and others:
A bill to amend Code Section 27-3-9 of the Official Code of Georgia Annotated, relating to the unlawful enticement of game, so as to provide that conservation rangers shall be required to require owners or other persons having lawful posses sion or control of baited areas or land or fields to remove such bait or erect cer tain signs, or both; to require conservation rangers to post signs in certain circumstances.
HB 567. By Representatives Coleman of the 118th, Green of the 106th, McDonald of the 12th, Walker of the 115th and Childers of the 15th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a loan program for certain physicians who agree to practice medicine in physician underserved rural areas of Georgia; to provide for a short title.
HB 489. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Article 4 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to corporate net worth tax, so as to change the date upon which tax returns and payments are due.
SB 176. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to provide for a court administrator of the Cobb Judicial Circuit and provide for the duties, services and compensation thereof; to provide for support personnel for that administrator and provide for their compensation; to provide an effective date.
SB 194. By Senators Foster of the 50th, Deal of the 49th and Walker of the 43rd:
A bill to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies, so as to create a Georgia State Games Commission; to define certain terms; to provide for purpose; to provide for the composition of the commission; to provide for the appointment and quali fications of members; to provide for the election of a chairman; to provide for meetings.
The House has agreed to the Senate amendment to the following bill of the House:
HB 414. By Representative Lane of the 27th:
A bill to amend Chapter 4 of Title 22 of the Official Code of Georgia Annotated, known as "The Georgia Relocation Assistance and Land Acquisition Policy Act of 1973," so as to provide conformity with federal law; to provide uniform reloca tion assistance to persons displaced by federal-aid projects; to provide uniform land acquisition policies.

692

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The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 38. By Senators Howard of the 42nd, Johnson of the 47th and Starr of the 44th:
A bill to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions regarding handicapped persons, so as to provide for a definition; to provide for the establishment of the Georgia Service Center for Hearing Impaired Persons and the services to be provided by that center.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 440. By Representatives Jackson of the 9th, Mangum of the 57th, Athon of the 57th and Dover of the llth:
A bill to amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to expenses and per diem of members of county boards of education, so as to authorize county boards of education to provide group medical and dental insurance for its members and provide conditions and limitations relating thereto.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 327. By Senators Newbill of the 56th, Clay of the 37th, Barnes of the 33rd and Ragan of the 32nd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change certain costs and the provisions relating to costs in such court; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 328. By Senator Dawkins of the 45th:
A bill to amend Code Section 40-11-5 of the Official Code of Georgia Annotated, relating to foreclosure procedures for liens against abandoned motor vehicles, so as to increase the fee for filing an affidavit. Referred to Committee on Industry and Labor.
SB 329. By Senator Peevy of the 48th:
A bill to amend Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of a civil action after dismissal, so as to provide that before a plaintiff institutes a previously dismissed civil action, such plaintiff shall first pay the court costs of the action that such plaintiff previously dismissed. Referred to Committee on Special Judiciary.
SB 330. By Senator Fuller of the 52nd:
A bill to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions under the uniform rules of the road for motor vehicles and traffic, so as to change the provisions relating to authorized emergency vehicles; to limit pursuit by law enforcement officers; to provide for penalties. Referred to Committee on Special Judiciary.

TUESDAY, FEBRUARY 14, 1989

693

SB 331. By Senators Burton of the 5th, Walker of the 43rd, Howard of the 42nd and others:
A bill to amend an Act creating a new charter for the City of Stone Mountain, as amended, so as to deannex certain territory from the corporate limits of said city. Referred to Committee on Urban and County Affairs.
SB 332. By Senators Baldwin of the 29th, Edge of the 28th and Garner of the 30th:
A bill to amend an Act providing a supplemental salary for the judges of the Superior Court of the Coweta Judicial Circuit, as amended, so as to change the supplemental salaries for such judges; to provide for the apportionment of such supplement among the counties in the circuit; to provide for an effective date. Referred to Committee on Urban and County Affairs.
SB 333. By Senators English of the 21st, Albert of the 23rd, Olmstead of the 26th and Kidd of the 25th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide that the governing bodies of certain hospitals, in considering whether to grant staff privileges to licensed medical practitioners, shall not discriminate among qualified applicants on the basis of an applicant's degree. Referred to Committee on Human Resources.
SB 334. By Senator Tate of the 38th:
A bill to provide a homestead exemption of $10,000.00 from all City of Atlanta and City of Atlanta School District ad valorem taxes for each resident of the City of Atlanta who is 65 years of age or over or disabled if the resident's gross income together with the gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act. Referred to Committee on Urban and County Affairs.
SR 142. By Senators Coleman of the 1st, Kennedy of the 4th, Scott of the 2nd and Allgood of the 22nd:
A resolution urging the United States Congress to remove federal transportation trust funds from the federal budget. Referred to Committee on Transportation.
The following bills of the House were read the first time and referred to committees:
HB 440. By Representatives Jackson of the 9th, Mangum of the 57th, Athon of the 57th and Dover of the llth:
A bill to amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to expenses and per diem of members of county boards of education, so as to authorize county boards of education to provide group medical and dental insurance for its members and provide conditions and limitations relating thereto. Referred to Committee on Education.
HB 487. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Article 5 of Title 44 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed property, so as to change the time period within which the state revenue commissioner shall dispose of unclaimed property

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JOURNAL OF THE SENATE

delivered to him; to provide that certain unclaimed property having insubstantial commercial value may be disposed of by the commissioner other than by sale. Referred to Committee on Banking and Finance.
HB 489. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Article 4 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to corporate net worth tax, so as to change the date upon which tax returns and payments are due. Referred to Committee on Banking and Finance.
HB 567. By Representatives Coleman of the 118th, Green of the 106th, McDonald of the 12th, Walker of the 115th and Childers of the 15th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a loan program for certain physicians who agree to practice medicine in physician underserved rural areas of Georgia; to provide for a short title. Referred to Committee on Human Resources.
HB 659. By Representative Lee of the 72nd:
A bill to create the Metropolitan Atlanta Olympic Games Authority as a body corporate and public, a political subdivision of the state, and a public corpora tion; to provide for a short title; to provide for definitions; to provide for creation and organization; to provide for the membership of the authority and their terms of office and compensation. Referred to Committee on Economic Development and Tourism.
HB 734. By Representatives Foster of the 6th, Groover of the 99th, Jackson of the 9th and others:
A bill to amend Code Section 27-3-9 of the Official Code of Georgia Annotated, relating to the unlawful enticement of game, so as to provide that conservation rangers shall be required to require owners or other persons having lawful posses sion or control of baited areas or land or fields to remove such bait or erect cer tain signs, or both; to require conservation rangers to post signs in certain circumstances. Referred to Committee on Natural Resources.
HB 668. By Representatives Thompson of the 20th, Atkins of the 21st, Vaughn of the 20th and others:
A bill to amend an Act creating the Cobb County Commission on Children and Youth, so as to change the date upon which the commission will be abolished. Referred to Committee on Urban and County Affairs.
HB 729. By Representatives Smith of the 156th and Fennel of the 155th:
A bill to amend an Act creating the Magistrate Court of Glynn County, so as to provide for the collection of an additional fee for the benefit of the Glynn County Law Library on each case filed in the Magistrate Court of Glynn County; to pro vide for the amount of the fee. Referred to Committee on Urban and County Affairs.
HB 730. By Representatives Smith of the 156th and Fennel of the 155th:
A bill to amend an Act creating the State Court of Glynn County, so as to change the compensation of the judge of said court.
Referred to Committee on Urban and County Affairs.

TUESDAY, FEBRUARY 14, 1989

695

HB 736. By Representatives Buford of the 103rd, Birdsong of the 104th, Groover of the 99th and others:
A bill to amend an Act to provide a new charter for the City of Macon, so as to provide that newly elected mayors and council members shall take office on the second Tuesday of December following their election.
Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Appropriations has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 118. Do pass by substitute.
Respectfully submitted,
Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Banking and Finance has had under consideration the following bill and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 474. Do pass by substitute. HR 112. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Corrections has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 63. Do pass by substitute. SB 211. Do pass as amended. HB 499. Do pass by substitute.
Respectfully submitted,
Senator Garner of the 30th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 291. Do pass by substitute.

SR 140. Do pass.

SB 297. Do pass.

HB 351. Do pass.

SB 326. Do pass.

HB 407. Do pass by substitute.

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JOURNAL OF THE SENATE

HB 408. Do pass. Mr. President:

Respectfully submitted, Senator Kidd of the 25th District, Chairman

The Committee on Industry and Labor has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 61. Do pass by substitute. SR 110. Do pass. HB 309. Do pass.
Respectfully submitted,
Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills and resolu tion of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 218. Do pass by substitute. SR 116. Do pass.

HB 412. Do pass. HB 546. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 224. Do pass. SB 322. Do pass. HB 430. Do pass.
Respectfully submitted,
Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bills and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 464. Do pass. HB 473. Do pass by substitute.

HR 19. Do pass. HR 74. Do pass.

Respectfully submitted,

Senator Coleman of the 1st District, Chairman

TUESDAY, FEBRUARY 14, 1989

697

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 579. Do pass. HB 583. Do pass.

HB 647. Do pass. HB 649. Do pass.

HB 609. Do pass.

HB 656. Do pass.

HB 610. Do pass.

HB 678. Do pass.

HB 645. Do pass. HB 646. Do pass.

HB 685. Do pass. HB 688. Do pass.

Respectfully submitted,

Senator Harris of the 27th District, Chairman

The following bills and resolution of the Senate and House were read the second time:

SR 64. By Senators Scott of the 2nd and Tysinger of the 41st:
A resolution authorizing the conveyance of certain state owned real property lo cated in Atlanta, Fulton County, Georgia; to provide an effective date.

SB 149. By Senators Bowen of the 13th, Timmons of the llth, Ragan of the 10th and others:
A bill to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Department of Corrections over certain misde meanor offenders and designation of place of confinement for persons convicted of misdemeanors or felonies, so as to change the provisions relating to the trans fer of an inmate to the custody of the Department of Corrections.

SB 257. By Senator Garner of the 30th:
A bill to amend Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, so as to change such powers with regard to capital projects; to clarify and restate its powers with regard to earnings, vocational training, and otherwise; to ratify and approve existing facilities and a warehouse under construction.

SB 274. By Senators Harris of the 27th, McKenzie of the 14th, Ragan of the 10th and others:
A bill to amend Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and municipal road systems, so as to change the dollar amount for which counties may negotiate certain contracts; to amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to local govern ment provisions applicable to public works contracts of counties only, so as to provide that county contracts shall be let to the lowest responsible bidder.

HB 94. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Code Section 42-8-34.1 of the Official Code of Georgia Anno tated, relating to requirements for the revocation of probated or suspended sentences, so as to authorize the court to consider the service of sentences pursu ant to probation revocation in alternatives to include community service, inten sive probation, diversion centers, probation detention centers, special alternative incarceration.

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JOURNAL OF THE SENATE

The President called for the morning roll call, and the following Senators answered to their names:

Allgood Baldwin Barker Bowen Brannon Broun Burton Clay Collins Coverdell Dawkins Deal Foster

Fuller Gillis Hammill Harris Huggins Johnson Kennedy Land McKenzie Olmstead Parker Perry Phillips

Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not answering were Senators:

Albert Barnes Coleman Dean Echols
Edge

English Engram Fincher Garner Howard
Kidd

Langford Newbill p ^eevy Raean of loth
Walker

Senator Burton of the 5th introduced the chaplain of the day, Dr. Rudolph Baker, Jr., pastor of the Oak Grove United Methodist Church, Decatur, Georgia, who offered scripture reading and prayer.

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, with the exception of HB 678 which was removed from the Calendar at the request of Senator Dawkins of the 45th:

SENATE LOCAL CONSENT CALENDAR
Tuesday, February 14, 1989
TWENTY-FOURTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 579 Brannon, 51st Fincher, 54th Whitfield County
Provides for the terms of office and for the election of members of the Board of Education of Whitfield County.

HB 583 Huggins, 53rd Fincher, 54th Catoosa County
Changes the name of the Catoosa County Water and Sewer District to the "Catoosa Utility District".

TUESDAY, FEBRUARY 14, 1989

699

HB 609 English, 21st Jefferson County
To amend an Act removing the tax commissioner of Jefferson County from the fee system of compensation and placing him on the salary system of com pensation.

HB 610 English, 21st Jefferson County
To amend an Act to make provisions for the Magistrate Court of Jefferson County, so as to change the method of selection of the chief magistrate and other magistrates.

HB 645 Huggins, 53rd Walker County
Changes the provisions relating to the amount of funds for the compensation of the personnel of the clerk of the Superior Court.

HB 646 Huggins, 53rd Walker County
Changes provisions relating to the amount of funds for the compensation of the personnel of the judge of the Probate Court.

HB 647 Huggins, 53rd Walker County
Changes the provisions relating to the amount of funds for the compensation of the personnel of the tax commissioner.

HB 649 Clay, 37th Brannon, 51st Cherokee County
Creates a new board of commissioners of Cherokee County.

HB 656 Bowen, 13th Ben Hill County
Places the coroner of Ben Hill County on a salary in lieu of the fee system of compensation; provides for a deputy coroner and a salary for the deputy cor oner.

HB 678 (Removed)

Dawkins, 45th Newton County
To provide for a supplement for the Chairman of the Board of Commission ers.

HB 685 Johnson, 47th Elbert County
To change the salary, compensation, per diem, and expenses of the chairman and other members of the Board of Commissioners.

HB 688 Pollard, 24th Greene County
To change the compensation of the coroner.

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bills, as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Broun
^C,luaryton CCoollleimnsan
Coverdell Dawkins Deal Dean Echols Edge

English Fincher Foster Fuller Garner Gillis Hammill
"HoarwTMard JHouhgngsionns
Kennedy Kidd Land Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 32nd pay Scott of 2nd
SQcott of 36th ^Stuamrrb, augh,
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Baldwin Engram

Langford McKenzie

Ragan of 10th Shumake

On the passage of all the local bills, the yeas were 50, nays 0.

All the bills on the Senate Local Consent Calendar (HB 678 having been removed at Senator Dawkins' request), having received the requisite constitutional majority, were

SENATE RULES CALENDAR
Tuesday, February 14, 1989
TWENTY-FOURTH LEGISLATIVE DAY
SB 204 Possessing, Selling Drugs, School Property--criminal offense (Amendment) (S Judy--9th)
SB 235 Mental Illness--define "traumatic brain injury" (Amendment) (Hum R--21st) SB 277 Sunday Alcoholic Beverage Sale--certain county/city inns, restaurants
(C Aff--23rd) SB 233 Acquisition of Domestic Insurer--filing financial statements (Ins--29th) SB 41 Employees Under Merit System--sick leave (Substitute) (Gov Op--25th) SB 75 Superior Court Judges' Retirement--contributions when reelected (Ret--2nd) SB 245 City Property--relating to conveyance of certain land abutting property owners
(Substitute) (U&CA G--38th) SB 287 Delinquency Proceedings--provisions on District Attorney conducting (Substi
tute) (Judy--49th) SB 290 Gambling--prohibitions not apply to certain games (Gov Op--52nd)

TUESDAY, FEBRUARY 14, 1989

701

SB 298 Probate Judge Vacancy--change provisions on chief clerk assuming (Gov Op--25th)
SR 23 Baldwin County--conveyance of certain state owned property (Amendment) (Pub U--25th)
SR 52 Public Schools--Education Department investigate hiring practices (Substitute) (Ed--38th)
SR 62 Gwinnett County--easement for transmission line, state property (Amendment) (Pub U--48th)
SR 63 Fulton County--conveyance of state owned property (Pub U--2nd)
SR 67 Effingham County--easement for sanitary sewer system, other utilities (Amend ment) (Pub U--4th)
SR 68 Tattnall County--easement for electric power substation facility (Pub U--4th)
SR 92 Joint Study Committee on Public School Freedom of Choice--create (Substitute) (Ed--50th)
SR 99 Joint Georgia Military College Study Committee--create (Ed--50th) HB 45 Joint County, City Sales Tax--rate increase (B&F--15th)
HB 50 Field and Retriever Trials--provision on hunting license (Nat R--20th)
HB 161 Student Finance Commission Board of Commissioners--compensation (H Ed--54th)
HB 234 Federal, State Candidates--challenges to qualifications (Gov Op--25th)
HB 346 Chief Deputy Registrars--exempt from certain restrictions (Gov Op--25th)
HB 405 Offenses Regarding Elections--provisions on vote disclosure (Gov Op--25th)
HB 49 Boat Safety Act--define "sailboard" (Amendment) (Nat R--7th)
HB 316 Banking and Finance Commissioner--filling vacancy (B&F--8th)
HB 205 Domestic Insurers--examined every three years (Ins--29th)
HB 130 Commercial Driver's License--provide (Amendments) (Trans--1st)
HB 339 Retired Probate Court Judges--may perform marriage (S Judy--12th)
Respectfully submitted,
/s/ Nathan Dean of the 31st, Chairman Senate Rules Committee
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.
The following general bill of the Senate, having been read the third time on February 6 and postponed until February 13, was put upon its passage:
SB 204. By Senators Phillips of the 9th, Peevy of the 48th, Edge of the 28th and others:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled substances and mar ijuana, so as to create a new criminal offense of possessing, manufacturing, deliv ering, distributing, dispensing, administering, selling, or possessing a controlled substance or marijuana while on or in proximity to school property or a school bus stop.

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JOURNAL OF THE SENATE

The Senate Committee on Special Judiciary offered the following amendment:

Amend SB 204 by striking from lines 19 through 22 of page 2 the following:
"less than one ounce of marijuana, the defendant shall be punished by imprisonment for not less than one year nor more than 15 years and a fine of $2,000.00.",
and inserting in its place the following:
"simple possessions of less than one ounce of marijuana, the defendant shall, upon con viction thereof, be punished by a fine not to exceed $1,000.00 or by imprisonment for not more than one year, or both."

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

Senator Parker of the 15th offered the following amendment:

Amend SB 204 by striking from line 1, page 2, "yards" and inserting "feet"; and by striking from line 15, page 3, "yards" and inserting "feet"; and by striking from line 25, page 3, "yards" and inserting "feet".

On the adoption of the amendment, the yeas were 2, nays 29, and the amendment was lost.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols

Edge English Engram Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Fincher Kennedy (presiding)

McKenzie Scott of 2nd

Timmons

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

TUESDAY, FEBRUARY 14, 1989

703

The following general bill of the Senate, having been read the third time on February 9 and postponed until February 13, was put upon its passage:

SB 235. By Senators English of the 21st, Gillis of the 20th, Kennedy of the 4th and Ray of the 19th:
A bill to amend Code Section 37-3-1 of the Official Code of Georgia Annotated, relating to definitions with respect to the examination and treatment for mental illness, so as to define the term "traumatic brain injury"; to provide for clarifica tion of such term.

Senators Allgood of the 22nd and English of the 21st offered the following amendment:

Amend SB 235 by striking lines 13 thru 19 in their entirety and inserting in lieu thereof the following:
"(16.1) 'Traumatic brain injury' is a traumatic insult to the brain and its related parts resulting in damage thereto which may cause physical, intellectual, emotional, social or vo cational changes in a person. It shall also be recognized that a brain injured person may have organic damage or physical or social disorders which may differ from the illness de fined in paragraph (11) of this Code section."

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean

Echols Edge English Engram Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford Newbill

Olmstead Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Fincher Garner Kennedy (presiding)

McKenzie Peevy Shumake

Taylor Timmons

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

704

JOURNAL OF THE SENATE

The following general bill of the Senate, having been read the third time on February 9 and lost, and reconsidered on February 10, was put upon its passage:

SB 277. By Senator Albert of the 23rd:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages, so as to provide that the governing authorities of certain counties and municipalities may authorize the sale of alcoholic beverages during certain hours in certain es tablishments on Sunday; to provide for an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Broun Clay Coleman Coverdell Dawkins Dean Edge English Engram

Fuller Garner Hammill Harris Howard Johnson Kidd Land Langford Newbill Olmstead

Parker Phillips Ragan of 10th Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Turner Tysinger Walker

Those voting in the negative were Senators:

Baldwin Barnes Bowen Brannon Burton

Collins Deal Foster Huggins

Perry Pollard Ray Starr

Those not voting were Senators:

Echols Fincher Gillis

Kennedy (presiding) McKenzie Peevy

Ragan of 32nd Shumake Timmons

On the passage of the bill, the yeas were 34, nays 13.

The bill, having received the requisite constitutional majority, was passed.

The following general bill of the Senate, having been read the third time on February 10 and lost, and reconsidered on February 13, was put upon its passage:

SB 233. By Senator Baldwin of the 29th:
A bill to amend Code Section 33-13-3 of the Official Code of Georgia Annotated, relating to acquisition of control of or merger with a domestic insurer, so as to require an acquiring party to file with the Commissioner of Insurance financial statements certified by a certified public accountant as to the earnings and finan cial condition of such party.

TUESDAY, FEBRUARY 14, 1989

705

Senator Baldwin of the 29th offered the following amendment:

Amend SB 233 by striking from lines 5 and 6 of page 1 the following:

"certified by a certified public accountant",

and inserting in its place the following:

"containing independent fully audited financial information".

By striking from lines 17 and 18 of page 1 the following:

accountant",

eial- information- Financial statements certified by a certified public

and inserting in its place the following:

"Fully- Financial statements containing independent fully audited financial information".

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Collins Coverdell Dawkins Deal Dean Echols

English Engram Foster Fuller Garner Hammill Harris Howard Huggins Johnson Kidd Land Langford Newbill Olmstead

Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Tate Turner Tysinger Walker

Voting in the negative was Senator Taylor.

Those not voting were Senators:

Clay Coleman Edge Fincher

Gillis Kennedy (presiding) McKenzie Peevy

Shumake Stumbaugh Timmons

On the passage of the bill, the yeas were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

706

JOURNAL OF THE SENATE

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:
SB 41. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to authorize employees in the classified service who have accumulated sick leave to utilize such sick leave at any time such employees are sick; to authorize a supervisor to require that an employee who is absent from work on sick leave for three or more days to provide written confirmation.
The Senate Committee on Governmental Operations offered the following substitute to SB 41:
A BILL
To be entitled an Act to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide for the computation of sick leave and personal leave; to provide for the manner of utilizing personal leave; to provide certain options for employees in the classified service with respect to accruing sick leave or being compensated for a portion of unused sick leave; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, is amended by adding at the end thereof a new Code Section 45-20-16 to read as follows:
"45-20-16. (a) Employees in the classified service shall earn sick leave at the rate of one workday per month. In addition, after an employee has been in the classified service for a period of 12 months, such employee shall be entitled to three personal leave days per year to be used the same as annual leave; provided, however, that an employee may not utilize a personal leave day until it has been approved by the employee's supervisor 24 hours in advance. Unused personal leave days shall be forfeited at the end of each year.
(b) (1) At the end of each year, an employee in the classified service shall have the option of:
(A) Accruing all unused sick leave; provided, however, that sick leave shall be cumula tive for not more than 90 workdays. Any sick leave earned in excess of 90 days at the end of any month is forfeited but may be restored to the employee pursuant to rules and regula tions of the State Personnel Board; or
(B) Accruing only 50 percent of unused sick leave in the same manner provided in subparagraph (A) of this paragraph and receiving a lump sum payment equal to a regular workday's compensation or salary multiplied by the number of days of unused sick leave, subject to the limits of this paragraph.
(2) Upon an employee in the classified service terminating state employment, the provi sions of subparagraph (B) of paragraph (1) of this subsection shall apply with respect to the final year or portion of a year of service.
(c) The provisions of this Code section shall not apply to any sick leave accrued prior to July 1, 1989."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, FEBRUARY 14, 1989

707

Senator Kidd of the 25th offered the following substitute to SB 41:
A BILL
To be entitled an Act to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide for the computation of sick leave for full-time employees in the classified service and for part-time employees in the classified service; to provide under certain conditions for the conversion of a certain amount of sick leave to personal leave; to provide for the use of personal leave; to provide for forfeiture of certain unused personal leave; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, is amended by adding at the end thereof a new Code Section 45-20-16 to read as follows:
"45-20-16. (a) Full-time employees in the classified service shall earn sick leave at the rate of one and one-fourth days per month of service. Part-time employees in the classified service who work 20 or more hours per week shall earn sick leave at the rate of one and onefourth days per month of service prorated by the percentage of time worked. Sick leave shall be cumulative for not more than 90 days. Any sick leave earned in excess of 90 days at the end of any month shall be forfeited but may be restored to the employee as provided in the regulations of the State Personnel Board.
(b) An employee who has accrued more than 15 days of sick leave as of November 30 of any year may, by written notification to the appointing authority by no later than December 31 of that year, convert up to three days of accrued sick leave in excess of 15 days to per sonal leave. Any personal leave not used by December 31 of the following year, or upon termination, shall be forfeited and not restored to the employee.
(c) Personal leave may be used by the employee for personal reasons the same as an nual leave upon approval by the employee's appointing authority. The employee shall nor mally be required to provide the appointing authority with a 24 hour advance notice for use of personal leave. Every reasonable effort shall be made by the appointing authority to ac commodate employees on their requests for use of personal leave.
(d) The State Personnel Board shall adopt regulations to implement the provisions of this Code section. The leave regulations of the board in effect on July 1, 1989, shall remain in effect until amended, changed, modified, or repealed by the board."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute to SB 41 offered by the Senate Committee on Gov ernmental Operations, the yeas were 0, nays 39, and the substitute was lost.
On the adoption of the substitute to SB 41 offered by Senator Kidd of the 25th, the yeas were 34, nays 0, and the substitute was adopted.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of the substitute and bill would be sus pended and placed on the Senate General Calendar.
SB 75. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System, so as to provide that a member who is reelected to a new term of office at the 1988 general election shall, regardless of age, continue to make employee contributions as long as the member continues to hold office as a superior court judge; to provide an effective date.

708

JOURNAL OF THE SENATE

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Albert Scott

State Senator

FROM:

G. W. Hogan, State Auditor

DATE:

January 10, 1989

SUBJECT: Senate Bill 75 (LC 7 7135) Superior Court Judges Retirement System

This Bill would require any member (regardless of age) of the Superior Court Judges Retirement System who was reelected in the 1988 general election to continue to make em ployee contributions to the retirement system as long as the member continues to hold office as a superior court judge. If enacted, this Bill would become effective upon the Governor's approval or upon its becoming law without such approval.

This is to certify that this would be a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law.

/s/ G. W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes ^owen BClraoyun Coleman
Collins Dawkins Deal Dean
English

Engram Foster Garner Gillis Hammill Harris JKoihdndson Land
Langford McKenzie Olmstead Parker
Peevy

Perry Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th ,S-,,humak, e btarr
Tate Taylor Turner Tysinger
Walker

Those voting in the negative were Senators:

Brannon Burton Coverdell

Fincher Huggins Newbill

Ragan of 32nd Stumbaugh

Those not voting were Senators:

Echols

Edge

Fuller

TUESDAY, FEBRUARY 14, 1989

709

Howard Kennedy (presiding)

Phillips

Timmons

On the passage of the bill, the yeas were 41, nays 8.

The bill, having received the requisite constitutional majority, was passed.

SB 245. By Senator Tate of the 38th:
A bill to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property generally, so as to provide for addi tional exemptions from the requirements of such Code section with respect to the conveyance of certain parcels of land to abutting property owners.

The Senate Committee on Urban and County Affairs offered the following substitute to SB 245:

A BILL
To be entitled an Act to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property generally, so as to provide for addi tional exemptions from the requirements of such Code section with respect to the convey ance of certain parcels of land to abutting property owners; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property generally, is amended by adding at the end thereof a new subsection, to be designated subsection (g) to read as follows:
"(g) Notwithstanding any provision of this Code section or of any other law or ordi nance to the contrary, the governing authority of any municipal corporation is authorized to sell and convey parcels of narrow strips of land, so shaped or so small as to be incapable of being used independently as zoned or under applicable subdivision or other development ordinances, or as streets, whether owned in fee or used by easement, to abutting property owners where such sales and conveyances facilitate the enjoyment of the highest and best use of the abutting owner's property without first submitting the sale or conveyance to the process of an auction or the solicitation of sealed bids."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun

Burton Clay Coleman Collins Coverdell Deal Dean Echols

Edge English Engram Fincher Foster Fuller Garner Gillis

710

JOURNAL OF THE SENATE

Hammill Harris Muggins
TMson Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry
Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th

Shumake Starr Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Voting in the negative was Senator Dawkins.

Those not voting were Senators:

Howard

Kennedy (presiding)

Scott of 2nd

On the passage of the bill, the yeas were 52, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 287. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to the conduct of hearings in the juvenile courts generally and the con duct of delinquency proceedings, so as to change the provisions relating to the district attorney or a member of his staff conducting proceedings on behalf of the state; to repeal certain provisions relating to requests.

The Senate Committee on Judiciary offered the following substitute to SB 287:

A BILL
To be entitled an Act to amend Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to the conduct of hearings in the juvenile courts generally and the con duct of delinquency proceedings, so as to change the provisions relating to the district attor ney or a member of his staff conducting proceedings on behalf of the state; to repeal certain provisions relating to requests; to repeal certain restrictions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to the conduct of hearings in the juvenile courts generally and the conduct of delinquency proceedings, is amended by striking subsection (e) of said Code section and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) In any delinquency proceeding in which a petition has been filed, the district attor ney or a member of his staff shall conduct the proceedings on behalf of the state if the state is not represented by a solicitor in the juvenile court. In any such case, the petition shall be dismissed by the court upon the motion of the district attorney setting forth that there is not sufficient evidence to warrant the further conduct of the proceeding."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

TUESDAY, FEBRUARY 14, 1989

711

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bark er
Barnes BBorawnennon
n BQJu"rtonn Collins Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller
Garner GHialmlismill
Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips
Ragan of 10th RRaaygan of 32nd
Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Coleman Kennedy (presiding)

Pollard

Scott of 2nd

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 290. By Senators Fuller of the 52nd and Kidd of the 25th:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to certain exceptions to the prohibitions against gambling, so as to pro vide that such prohibitions against gambling shall not apply to certain games or devices; to provide for penalties.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun
Clay Coleman Collins Dawkins

Deal Dean Edge English Engram Fincher Foster Fuller
Garner Gillis Hammill Harris

Howard Huggins Johnson Kidd Land Langford McKenzie Newbill
Olmstead Peevy Phillips Ragan of 10th

712

JOURNAL OF THE SENATE

Ragan of 32nd Ray Scott of 36th Starr

Tate Taylor Timmons

Turner Tysinger Walker

Those voting in the negative were Senators:

Burton Echols

Parker

Perry

Those not voting were Senators:

Coverdell Kennedy (presiding)

Pollard Scott of 2nd

Shumake Stumbaugh

On the passage of the bill, the yeas were 46, nays 4.

The bill, having received the requisite constitutional majority, was passed.

SB 298. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning probate courts, so as to change the provisions relating to the assumption of duties by the chief clerk at the time of a vacancy in the office of the probate judge; to change the provisions relating to filling of vacancies in the offices of certain probate judges.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill

Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Coleman Coverdell Kennedy (presiding)

Ray Scott of 2nd

Shumake Taylor

On the passage of the bill, the yeas were 49, nays 0.

TUESDAY, FEBRUARY 14, 1989

713

The bill, having received the requisite constitutional majority, was passed.

SR 23. By Senator Kidd of the 25th:
A resolution authorizing and directing the conveyance of certain state owned property located in Baldwin County, Georgia; to repeal a specific Act; to provide an effective date.

The Senate Committee on Public Utilities offered the following amendment:

Amend SR 23 by striking from line 18 of page 2 the following: "$5,000.00", and inserting in lieu thereof the following: "$10,000.00 and other considerations".

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes Coleman Coverdell

Fuller Kennedy (presiding)

Ray Shumake

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

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JOURNAL OF THE SENATE

SR 52. By Senators Tate of the 38th, Kidd of the 25th, Langford of the 35th and others:
A resolution requiring the State Department of Education to investigate hiring practices in the public schools of this state and to take certain actions to increase the availability of black teachers and other professional school personnel.

The Senate Committee on Education offered the following substitute to SR 52:

A RESOLUTION
Requiring the Human Relations Commission to investigate hiring practices in the pub lic schools of this state and to require the State Department of Education to take certain actions to increase the availability of black teachers and other professional school personnel; and for other purposes.
WHEREAS, it is important for school children to have as role models schoolteachers and other professional personnel who are the same race as the children and to whom those children can more easily relate; and
WHEREAS, there are a number of schools in this state which have a predominately black student body and have a predominately white faculty; and
WHEREAS, such racial discrepancies should be minimized or eliminated to the extent permissible under the federal and state constitutions so that the racial composition of a school's faculty approaches the racial composition of the school's student body.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Human Relations Commission shall investigate the hiring practices of the public schools of this state in order to determine the reasons why many schools with high black student enrollment have disproportionately low numbers of black teachers and other professional staff employed in such schools and to recommend changes to more closely balance racially the number of teachers and professional staff to the racial composition of the student body.
BE IT FURTHER RESOLVED that the State Department of Education shall, no later than July 1, 1993, establish teacher training, retraining, and recruitment programs to create a pool of qualified black teachers for the purpose of minimizing or eliminating the racial imbalance described above.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and di rected to transmit an appropriate copy of this resolution to the State School Superintendent and the executive director of the Human Relations Commission.

On the adoption of the substitute, the yeas were 1, nays 28, and the substitute was lost.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton

Clay Collins Dawkins Deal Dean Edge English Engram Fincher

Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kidd

TUESDAY, FEBRUARY 14, 1989

715

Land Langford McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th

Starr Tate Taylor Timmons Turner Walker

Those not voting were Senators:

Coleman Coverdell Echols

Fuller Kennedy (presiding) Ray

Shumake Stumbaugh Tysinger

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The President resumed the Chair.

SR 62. By Senator Peevy of the 48th:
A resolution granting a nonexclusive easement for the construction, operation, and maintenance of an underground transmission line over or under property owned by the State of Georgia in Gwinnett County, Georgia; to provide an effec tive date.

The Senate Committee on Public Utilities offered the following amendment:

Amend SR 62 by striking from line 6 of page 5 the following: "$250.00", and inserting in lieu thereof the following: "$650.00".

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun Burton Clay Collins Dawkins Deal Dean

Edge English Engram Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy

Kidd Land Langford Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd

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JOURNAL OF THE SENATE

Scott of 36th Starr Taylor

Timmons Turner

Tysinger Walker

Those not voting were Senators:

Barker Coleman Coverdell Echols

Fuller McKenzie Ray

Shumake Stumbaugh Tate

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

SR 63. By Senators Scott of the 2nd and Tysinger of the 41st:
A resolution authorizing the conveyance of certain state owned real property lo cated in Fulton County, Georgia; to provide an effective date.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun Burton

Fincher Foster Garner Gillis Hammill gams Howard Huggins

Peevy Perry Phillips Pollard Ragan of I0th Ragan of 32nd o ,, , , ,. ,, ,

Dawkins Deal Dean Edge English Engram

Kidd Land Langford Newbill Olmstead Parker

btumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Coleman Coverdell

Echols Fuller McKenzie

Shumake Starr Taylor

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 67. By Senator Kennedy of the 4th:
A resolution granting a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer system and other utilities in, on, over,

TUESDAY, FEBRUARY 14, 1989

717

under, upon, across, or through property owned by the State of Georgia in Effingham County, Georgia; to provide an effective date.

The Senate Committee on Public Utilities offered the following amendment;

Amend SR 67 by striking from line 23 of page 4 the following: "$250.00", and inserting in lieu thereof the following: "$650.00".

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Deal Dean Edge Engram

Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Coleman Coverdell Dawkins Echols

English Fuller McKenzie Ray

Shumake Starr Taylor

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

SR 68. By Senator Kennedy of the 4th:
A resolution granting a nonexclusive easement for the construction, operation, and maintenance of an electric power substation facility in, on, over, under, upon, across, or through property owned by the State of Georgia in Tattnall County, Georgia; to provide an effective date.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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JOURNAL OF THE SENATE

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon
Collins j)eaj Dean Edge English Engram Foster

Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy
Kidd Land
Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th
Stumbaugh Tate
Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Coleman Coverdell Dawkins

Echols Fincher Fuller

Ray Shumake Starr

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 92. By Senators Foster of the 50th, Deal of the 49th, Tysinger of the 41st and others:
A resolution creating the Joint Study Committee on Public School Freedom of Choice.

The Senate Committee on Education offered the following substitute to SR 92:

A RESOLUTION
Creating the Joint Study Committee on Public School Choice; and for other purposes.
WHEREAS, demographic and labor market projections estimate that every American who is well educated will have a good job by the year 2000, but those who have dropped out or have graduated from high school without obtaining adequate literacy and computational skills will be virtually unemployable; and
WHEREAS, the changing demographic mix in our workforce indicates that soon roughly 25 percent of our population will be of age to collect Social Security benefits and other benefits which accrue to older citizens and that the cost of these benefits will be in large measure borne by the remaining 75 percent in the workforce; and
WHEREAS, those who are available for employment but are unemployable because of educational deficiencies will not add to the prosperity of the nation but instead will swell the welfare rolls and add to the expense of other social programs, making it absolutely es sential that all children be well educated if they are to be productive citizens; and
WHEREAS, our current national educational system is not producing the results that will be necessary to meet these future needs because recent surveys show that four out of five young adults have severe difficulty in summarizing the main point of newspaper articles,

TUESDAY, FEBRUARY 14, 1989

719

reading bus schedules, or figuring change from restaurant bills, and the like, all of which are skills indicative of a general ability to understand and communicate; and
WHEREAS, more than 30 percent of young adults in this state drop out of school be cause their academic or social needs are not met in the school setting; and
WHEREAS, allowing parents choice with regard to choosing the public school their children will attend has produced improved performance of students and support for the public schools in various states and localities, including Minnesota, New York, Massachu setts, and others; and
WHEREAS, allowing a measure of choice gives parents the ability to choose the mix of services supplied by the public schools that best suits their preferences, and this fact stimu lates the public schools to address more adequately the real needs of students and hence be both more responsive and more accountable; and
WHEREAS, the magnet school concept as used in local systems, which allows some limited choice, has been successful in raising standards and performance of students in many school systems; and
WHEREAS, public school choice is more economically efficient because it allows con sumers of education services to make their preferences financially important to local school officials; and
WHEREAS, the Education Commission of the States and the National Governors' As sociation, among others, including President Bush, view public school choice as essential in bringing our educational system into the twenty-first century.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Public School Choice to be composed of eight members, four from the House of Representatives chosen by the Speaker of the House, and four from the Senate chosen by the President of the Senate, so that one of whom from each chamber will be designated cochairman. The committee is authorized to conduct a thorough and continuing study of the issues relating to public school choice, in cluding all aspects relating to adoption, implementation, and funding of such a plan. The committee is authorized to seek the advice and counsel of those knowledgable in this area and of persons, groups, and organizations which the committee feels will be able to assist it in the discharge of its responsibilities.
BE IT FURTHER RESOLVED that the members of the committee shall receive the expenses and allowances provided by law for legislative members of interim legislative com mittees but shall not receive the same for more than ten days unless additional days are authorized. The committee shall meet upon the call of the cochairmen and is authorized to hold meetings and conduct studies at such times and places as the committee deems advisa ble in carrying out its duties. The funds necessary to carry out the provisions of this resolu tion shall come from the funds appropriated to or available to the legislative branch of government. In the event the committee makes a report of its findings and recommenda tions, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 1989. The committee shall stand abolished on December 31, 1989.

On the adoption of the substitute, the yeas were 34, nays 2, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert

Allgood

Baldwin

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JOURNAL OF THE SENATE

Barker Barnes Brannon Broun Burton Clay CTDD^oaelawllik,nm.s s Dean
Edge English
Engram
Fincher Foster

Garner Gillis Hammill Harris Howard Huggins J,KK,oiehdnndnseodn,y Land
Langford McKenzie
Newbill
Olmstead Peevy

Perry Phillips Pollard Ragan of ioth Ragan of 32nd R S,,So ctuom*t*tb, oaf<u g3oh6,cttuh ! ate
Taylor Timmons
Turner
Tysinger Walker

Voting in the negative was Senator Parker.

Those not voting were Senators:

Bowen Coleman Coverdell

Echols Fuller Scott of 2nd

Shumake Starr

On the adoption of the resolution, the yeas were 47, nays 1.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

SR 99. By Senator Foster of the 50th:
A resolution creating the Joint Georgia Military College Study Committee to study the relationship of the State of Georgia to Georgia Military College for the purpose of making recommendations on future policy and funding directions.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon
ffoun ,Uartn C 0Hi ns Dawkins D eal Dean Edge English

Engram Foster Gillis Howard Huggins Johnson
Kennedy Kidd Land Langford Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Turner Tysinger Walker

TUESDAY, FEBRUARY 14, 1989

721

Those not voting were Senators:

Bowen Coleman Coverdell Echols Fincher

Fuller Garner
Hammill Harris

McKenzie Shumake
Starr Taylor

On the adoption of the resolution, the yeas were 43, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 45. By Representatives Buck of the 95th, Robinson of the 96th, Steele of the 97th and others:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to repeal Code Section 48-8-82.1, author izing an increase in the rate of joint county and municipal sales and use taxation under certain circumstances.

Senate Sponsor: Senator Parker of the 15th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Edge Engram

Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Coverdell Echols

English Fuller McKenzie

Shumake Starr

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

HB 50. By Representatives Rainey of the 135th and Moody of the 153rd:
A bill to amend Code Section 27-2-21 of the Official Code of Georgia Annotated, relating to field and retriever trials and permits therefor, so as to change the provisions relating to the requirement that participants have hunting licenses.
Senate Sponsor: Senator Gillis of the 20th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun
Burton Clay Coleman Collins Coverdell Dawkins Deal Edge English
Engram

Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Allgood Dean Echols

Garner Shumake

Starr Walker

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator English of the 21st gave notice that, at the proper time, he would move that the Senate reconsider its action previously today in passing the following bill of the Senate:

SB 235. By Senators English of the 21st, Gillis of the 20th, Kennedy of the 4th and Ray of the 19th:
A bill to amend Code Section 37-3-1 of the Official Code of Georgia Annotated, relating to definitions with respect to the examination and treatment for mental illness, so as to define the term "traumatic brain injury"; to provide for clarifica tion of such term.

Senator Dawkins of the 45th introduced a doctor of the day, Dr. Steven Siegan, of Monroe, Georgia. Also serving as a doctor of the day was Dr. Lisa Vickery, Dr. Siegan's wife.

TUESDAY, FEBRUARY 14, 1989

723

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 161. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A bill to amend Code Section 20-3-234 of the Official Code of Georgia Annotated, relating to the board of commissioners of the Georgia Student Finance Commis sion, so as to increase the compensation of the commissioners.
Senate Sponsor: Senator Fincher of the 54th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Coverdell Dawkins Deal Dean Edge

English Engram Fincher Foster Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill

Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Turner Tysinger

Those not voting were Senators:

Coleman Echols Fuller

Garner Shumake Starr

Taylor Walker

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 234. By Representatives Holmes of the 28th, Lee of the 72nd, Walker of the 115th and others:
A bill to amend Code Section 21-2-5 of the Official Code of Georgia Annotated, relating to qualifications of candidates for federal and state office, so as to change certain provisions regarding challenges to the qualifications of certain candidates by certain electors.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon
Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Harris Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Hammill Howard

Shumake

Walker

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Allgood of the 22nd introduced Robert B. Shapiro, Chairman of the Board and Chief Executive Officer of the NutraSweet Company, who was commended by SR 112 adopted previously.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 346. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Code Section 21-2-212 of the Official Code of Georgia Annotated, relating to the appointment of county deputy registrars, so as to exempt certain chief deputy registrars from certain restrictions applicable to registrars and dep uty registrars.
Senate Sponsor: Senator Kidd of the 25th.

Senator Taylor of the 12th moved that HB 346 be committed to the Senate Committee on Governmental Operations.

On the motion, the yeas were 38, nays 2; the motion prevailed, and HB 346 was com mitted to the Senate Committee on Governmental Operations.

TUESDAY, FEBRUARY 14, 1989

725

HB 405. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Article 15 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to miscellaneous offenses regarding elections and primaries, so as to change certain provisions with respect to disclosing how a person voted.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed
to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols

Edge Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill

Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

English Garner

Shumake Tate

Walker

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

HB 49. By Representatives Rainey of the 135th, Moody of the 153rd, Holcomb of the 72nd and others:
A bill to amend Code Section 52-7-3 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia Boat Safety Act," so as to de fine the term "sailboard"; to redefine the term "vessel" so as to exempt sailboards from such definition.
Senate Sponsor: Senator Perry of the 7th.

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JOURNAL OF THE SENATE

Senator Perry of the 7th offered the following amendment:

Amend HB 49 by adding on page 1, line 24, after the word "rafts", the following:
"; provided, however, Code Section 52-7-18, relating to rules of the road for boat traffic, shall be applicable to sailboards."

On the adoption of the amendment, the yeas were 35, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Burton Coleman Collins Coverdell Dean

Echols English Fincher Fuller Gillis Hammill Howard Huggins Johnson Land McKenzie

Newbill Parker Perry Phillips Pollard Ragan of 10th Scott of 2nd Stumbaugh Taylor Turner Tysinger

Those voting in the negative were Senators:

Albert
C'ay Dawkins
Deal Edge

Engram
Garner Harris
Kidd Olmstead

Peevy Ragan of 32nd
Scott of 36th Starr

Those not voting were Senators:

Broun Foster Kennedy (presiding)

Langford Ray Shumake

Tate Timmons Walker

On the passage of the bill, the yeas were 33, nays 14.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 316. By Representatives Pinkston of the 100th, Beck of the 148th and Padgett of the 86th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for the filling of a vacancy in the office of commissioner of banking and finance; to provide for the appoint ment of one or more deputy commissioners and additional personnel; to provide for the oath of office to be taken by each deputy commissioner and examiner.
Senate Sponsor: Senator Turner of the 8th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, FEBRUARY 14, 1989

727

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton
Clay Coleman Collins Coverdell Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Fuller Garner Gillis
Hammill Harris Howard Huggins
Johnson Kidd Land Langford
McKenzie

Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Tate Turner Tysinger

Those not voting were Senators:

Kennedy (presiding) Shumake

Stumbaugh Taylor

Timmons Walker

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 52. By Senator Howard of the 42nd:
A bill to amend Code Section 16-9-55 of the Official Code of Georgia Annotated, relating to fraudulently obtaining or attempting to obtain public housing or a reduction in public housing rent, so as to change the definition of "public hous ing"; to provide an effective date.

The House amendment was as follows:

Amend SB 52 by inserting on line 5 of page 1 after the word and symbol "housing";" the following:
"to redefine the offense of fraudulently obtaining or attempting to obtain public housing;".
By striking lines 12 and 13 of page 1 and inserting the following:
"their entirety subsections (a) and (b) and inserting in their place new subsections (a) and (b) to read as follows:".
By striking the quotation mark from the beginning of line 14 on page 1 and inserting the following:
" '(a) Any person who obtains or attempts to obtain or who establishes or attempts to establish eligibility for, and any person who knowingly or intentionally aids or abets such person in obtaining or attempting to obtain or in establishing or attempting to establish eligibility for, any public housing or a reduction in public housing rental charges or any rent

728

JOURNAL OF THE SENATE

subsidy or payment from a tenant in connection with public housing to which such person would not otherwise be entitled, by means of a false statement, failure to disclose informa tion, impersonation, or other fraudulent scheme or device shall be guilty of a misdemeanor."

Senator Howard of the 42nd moved that the Senate agree to the House amendment to SB 52.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes
B~,urton" /-, i|. Coverdell Dawkins
Dean Echols Edge English

Engram Fincher Foster Fu l ler
Garner
HGialHmsmill Harris Howard Huggins Johnson Kidd Land Langford McKenzie

Newbill Olmstead Parker Peevy
Perry
PPhoilllHarpdS Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Taylor Turner Tysinger

Those not voting were Senators:

Bowen Broun Coleman Kennedy (presiding)

Ray Shumake Stumbaugh

Tate Timmons Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 52.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 205. By Representatives Ware of the 77th, Dunn of the 73rd, Lucas of the 102nd and others:
A bill to amend Code Section 33-2-11 of the Official Code of Georgia Annotated, relating to the requirement of examination by the Commissioner of Insurance of insurers, rating organizations, and advisory organizations, so as to provide that domestic insurers shall be examined once every three years.
Senate Sponsor: Senator Baldwin of the 29th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

TUESDAY, FEBRUARY 14, 1989

729

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill

Those not voting were Senators:

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Turner Tysinger

Bowen Broun Garner

Kennedy (presiding) Olmstead Shumake

Taylor Timmons Walker

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 130. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to driver's licenses, so as to provide for a commercial driver's license.
Senate Sponsor: Senator Coleman of the 1st.

The Senate Committee on Transportation offered the following amendment:

Amend HB 130 by striking from lines 10 and 11 of page 5 the following:
"used only in response to emergencies".
By inserting on line 20 of page 13 after "$35.00" the following:
", except for those who operate a school bus in which case there shall be no application fee".

The Senate Committee on Transportation offered the following amendment:
Amend HB 130 by inserting on line 22 of page 5 after the word and symbol "mill." the following:
"Any other waiver by the Federal Highway Administration pursuant to Federal Law 49 C.F.R. Parts 383, 391, RIN 2125-AB 68, of the United States Department of Transportation, shall supersede state law in authorizing the Department of Public Safety to exempt said classes."

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JOURNAL OF THE SENATE

Senator Coleman of the 1st offered the following amendment:

Amend the first amendment offered by the Senate Committee on Transportation to HB
130 by striking from line 8 of page 1 the following: "a"

and inserting in lieu thereof the following:
"or are applying to operate a public". Senator Engram of the 34th moved that HB 130 be committed to the Senate Commit tee on Transportation.

On the motion, the yeas were 5, nays 27; the motion was lost, and HB 130 was not committed to the Senate Committee on Transportation.

On the adoption of the amendment offered by Senator Coleman of the 1st, the yeas were 44, nays 0, and the amendment was adopted.

On the adoption of the amendment offered by the Senate Committee on Transporta tion, the yeas were 38, nays 0, and the amendment was adopted as amended.

On the adoption of the amendment offered by the Senate Committee on Transporta tion, the yeas were 39, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen Brannon Broun Burton Clay Coleman Coverdell Dawkins Deal Dean Echols

Edge Fincher Foster Fuller Garner Hammill Howard Huggins Johnson Kidd Land Langford McKenzie Newbill

Olmstead Parker Peevy Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Tysinger

Those voting in the negative were Senators:

Barker Collins English

Gillis Harris Perry

Ray Timmons Turner

Those not voting were Senators:

Albert Engram

Kennedy (presiding) Shumake

Walker

On the passage of the bill, the yeas were 42, nays 9.

The bill, having received the requisite constitutional majority, was passed as amended.

TUESDAY, FEBRUARY 14, 1989

731

HB 339. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to probate courts, so as to pro vide that retired judges of the probate courts shall be vested with the same au thority as an active judge of this state for the purpose of performing marriage ceremonies.
Senate Sponsor: Senator Taylor of the 12th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 BB,, rroanunnon BCluaryton Coleman Collins Coverdell
Dawkins Deal Dean Echols

English Fincher Foster Fuller Garner GIHialmlismi.l..l HHuogwgairnds Johnson Kidd Land
Langford McKenzie Newbill Olmstead

Those not voting were Senators:

Parker Peevy Perry Phillips Pollard KRDOag,TMan,, ^orf cQiO^nAd "Sco_tt otf 2ondj Scott f 36th Starr Stumbaugh
Taylor Timmons Turner Tysinger

Albert Edge Engram

Harris Kennedy (presiding) Ragan of 10th

Shumake Tate Walker

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 278. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Groover of the 99th, Connell of the 87th and Edwards of the 112th:

A resolution relative to adjournment.

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JOURNAL OF THE SENATE

The following resolution of the House was read and put upon its adoption:
HR 278. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd and others: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Thursday, February 16, 1989, and to convene at 10:00 o'clock A.M. on Monday, February 20, 1989.
On the adoption of the resolution, the yeas were 37, nays 3.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.
At 12:14 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

WEDNESDAY, FEBRUARY 15, 1989

733

Senate Chamber, Atlanta, Georgia Wednesday, February 15, 1989 Twenty-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.
Senator Echols of the 6th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 562. By Representative Bannister of the 62nd: A bill to amend an Act creating a new charter for the City of Lilburn, so as to change certain provisions relating to the election and taking of office of mayor and council members.
HB 669. By Representative Bannister of the 62nd: A bill to amend an Act creating a new charter for the City of Lilburn, so as to change the corporate limits of the city.
HB 680. By Representatives Royal of the 144th, Long of the 142nd and Titus of the 143rd: A bill to provide for the Board of Education of Thomas County; to provide for the election and terms of members.
HB 740. By Representative Walker of the 115th: A bill to amend an Act reincorporating and providing a new charter for the City of Perry, so as to change provisions relative to the adoption of ordinances.
HB 741. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th: A bill to amend an Act creating the State Court of Houston County, so as to change provisions relating to the solicitor of said court.
HB 747. By Representatives Lane of the lllth and Godbee of the 110th: A bill to amend an Act creating the office of tax commissioner of Bulloch County, so as to change the compensation of the tax commissioner.
HB 748. By Representative Balkcom of the 140th: A bill to amend an Act creating a board of commissioners for Baker County, so as to authorize and empower the board of commissioners to employ and fix the compensation of a clerk of the board of commissioners.

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JOURNAL OF THE SENATE

HB 760. By Representatives Manner of the 131st and Holland of the 136th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, so as to change a certain provision relating to the employment of deputies.
HB 763. By Representative Stancil of the 66th:
A bill to repeal an Act known as the "Oconee Utility Authority Act" (formerly the "Oconee County Public Utility Authority Act"), to provide for the disposi tion of all of the property, whether real, personal, tangible, intangible, or other wise, of the authority.
HB 767. By Representative Chance of the 129th: A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge and solicitor of said court.
HB 488. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to change provisions relat ing to the exemption for the rental of motion picture film; to make provisions for exemption of certain rentals of videotape.
HB 427. By Representatives Mangum of the 57th and Moore of the 139th:
A bill to amend Code Section 45-12-132 of the Official Code of Georgia Anno tated, relating to contracts which are exempt from certain requirements relating to state contracts, so as to provide that contracts approved by the State Board of Technical and Adult Education shall be exempt from such requirements.
HB 182. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Jones of the 71st, Colbert of the 23rd and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and general requirements for the transaction of in surance, so as to require property and casualty insurers to engage the services of a qualified independent loss reserve specialist under certain circumstances.
HB 637. By Representatives Barnett of the 10th, Harris of the 84th and Birdsong of the 104th:
A bill to amend Code Section 48-3-19 of the Official Code of Georgia Annotated, relating to transfer of certain tax executions, so as to change and revise the provi sions regarding notification of the individual against whom such an execution has been issued.
HB 340. By Representatives Byrd of the 153rd, Watson of the 114th and Bargeron of the 108th:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that the Georgia Real Estate Commission shall maintain certain records; to provide for qualifica tions of real estate brokers; to clarify a reference regarding the authority of a nonresident corporation to transact business in Georgia.
HB 670. By Representatives Couch of the 36th, Lane of the 27th, Alford of the 57th, Townsend of the 24th, Coleman of the 118th and others:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," to permit the use of interest earned on certain reserve funds to pay oper-

WEDNESDAY, FEBRUARY 15, 1989

735

ating costs; to include interest earned on certain reserve funds in definition of transit operating revenue.
HB 364. By Representatives Byrd of the 153rd, Green of the 106th and Watson of the 114th:
A bill to amend Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to speech-language pathologists and audiologists, so as to authorize the performance of hearing tests by a technician as part of a workplace hearing con servation program.
HB 514. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd, Robinson of the 96th and Jones of the 71st:
A bill to amend Chapter 36 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Insurers Insolvency Pool, so as to provide what shall be considered a covered claim for unearned premium; to provide exclusions to the definition of property and casualty insurance; to provide that the pool as a legal entity and any of its individual members shall have no cause of action against an insured of an insolvent insurer for sums paid by the pool.
HB 204. By Representatives Smith of the 16th and Hudson of the 117th:
A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Pesticide Use and Application Act of 1976," so as to provide for the posting of certain signs regarding the applications of pesticides and prevent the removal, alteration, or defacement of those signs except under certain conditions; to amend Chapter 45 of Title 43 of the Official Code of Geor gia Annotated, relating to persons engaged in structural pest control, so as to require certain licensees to furnish information regarding pesticides.
HB 337. By Representatives Oliver of the 121st, Moultrie of the 93rd, Bailey of the 72nd, Cummings of the 17th, Hooks of the 116th and others:
A bill to amend Code Section 20-2-1110 of the Official Code of Georgia Anno tated, relating to the right of school bus drivers to receive pay for sick leave, so as to provide that accumulated unused sick leave shall be transferred when there is a change of employment.
HB 380. By Representatives Baker of the 51st, Oliver of the 53rd, Groover of the 99th, Lane of the 27th and Walker of the 115th:
A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to hearsay in general, so as to provide that any court may receive and use as evidence information from the records of the Department of Public Safety obtained from any terminal lawfully connected to the Georgia Crime Information Center records of the Department of Public Safety without the need for additional certification.
SB 247. By Senator Baldwin of the 29th:
A bill to amend an Act creating a new charter for the City of LaGrange in Troup County, as amended, so as to authorize the Board of Education of the City of LaGrange to elect and appoint a Superintendent of the LaGrange School System for a term not to exceed four years.
SB 253. By Senator Harris of the 27th:
A bill to place the clerk of the Superior Court of Monroe County upon an annual salary in lieu of the fee system of compensation; to provide the manner in which such salary shall be fixed; to provide for personnel within the clerk's office; to

736

JOURNAL OF THE SENATE

provide for budgets; to provide for arbitration concerning budget disputes; to provide for the disposition of fees.
The House has agreed to the Senate substitute to the following bill of the House:
HB 157. By Representatives Ray of the 98th, Pinkston of the 100th, Groover of the 99th, Jenkins of the 80th and Crawford of the 5th:
A bill to amend Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administrations of estates in general, so as to specify provisions governing territorial jurisdiction of probate courts over the estates of decedents; to provide for the determination of residence of decedents who were under the care of a nursing home or other similar facility.
The House has disagreed to the Senate amendment to the following bill of the House:
HB 96. By Representative Barnett of the 10th:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to change the provisions relating to compensation of court bailiffs and expense allowances for jurors.
The House has agreed to the Senate amendment to the following bill of the House:
HB 538. By Representatives Godbee of the 110th, Reaves of the 147th, Greene of the 130th, Branch of the 137th, Oliver of the 121st and others:
A bill to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of vehicles generally, so as to provide that cer tain trailers and semitrailers shall comply with the requirements for emblems on slow-moving vehicles; to provide certain requirements for lights and reflectors on certain trailers and semitrailers or to require escort vehicles in lieu thereof.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 335. By Senator Tate of the 38th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States de cennial census of 1960 or any future such census, as amended, so as to provide for additional penalties to be imposed in traffic cases and upon violations of bonds.
Referred to Committee on Urban and County Affairs (General).
SB 336. By Senators Deal of the 49th, Barnes of the 33rd and Johnson of the 47th:
A bill to amend the Official Code of Georgia Annotated, so as to revise and su persede Title 24, relating to evidence; to provide for general provisions relating to the rules of evidence; to provide for a statement of purpose; to provide for con struction; to provide for definitions; to provide for applicability of the rules of evidence; to provide for rulings on evidence.
Referred to Committee on Judiciary.

WEDNESDAY, FEBRUARY 15, 1989

737

The following bills of the House were read the first time and referred to committees:
HB 182. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and general requirements for the transaction of in surance, so as to require property and casualty insurers to engage the services of a qualified independent loss reserve specialist under certain circumstances.
Referred to Committee on Insurance.
HB 204. By Representatives Smith of the 16th and Hudson of the 117th:
A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Pesticide Use and Application Act of 1976," so as to provide for the posting of certain signs regarding the applications of pesticides and prevent the removal, alteration, or defacement of those signs except under certain conditions; to amend Chapter 45 of Title 43 of the Official Code of Geor gia Annotated, relating to persons engaged in structural pest control, so as to require certain licensees to furnish information regarding pesticides.
Referred to Committee on Natural Resources.
HB 337. By Representatives Oliver of the 121st, Moultrie of the 93rd, Bailey of the 72nd and others:
A bill to amend Code Section 20-2-1110 of the Official Code of Georgia Anno tated, relating to the right of school bus drivers to receive pay for sick leave, so as to provide that accumulated unused sick leave shall be transferred when there is a change of employment.
Referred to Committee on Education.
HB 340. By Representatives Byrd of the 153rd, Watson of the 114th and Bargeron of the 108th:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that the Georgia Real Estate Commission shall maintain certain records; to provide for qualifica tions of real estate brokers; to clarify a reference regarding the authority of a nonresident corporation to transact business in Georgia.
Referred to Committee on Industry and Labor.
HB 364. By Representatives Byrd of the 153rd, Green of the 106th and Watson of the 114th:
A bill to amend Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to speech-language pathologists and audiologists, so as to authorize the performance of hearing tests by a technician as part of a workplace hearing con servation program.
Referred to Committee on Industry and Labor.
HB 380. By Representatives Baker of the 51st, Oliver of the 53rd, Groover of the 99th, Lane of the 27th and Walker of the 115th:
A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to hearsay in general, so as to provide that any court may receive and use as evidence information from the records of the Department of Public Safety obtained from any terminal lawfully connected to the Georgia

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JOURNAL OF THE SENATE

Crime Information Center records of the Department of Public Safety without the need for additional certification.
Referred to Committee on Judiciary.
HB 427. By Representatives Mangum of the 57th and Moore of the 139th:
A bill to amend Code Section 45-12-132 of the Official Code of Georgia Anno tated, relating to contracts which are exempt from certain requirements relating to state contracts, so as to provide that contracts approved by the State Board of Technical and Adult Education shall be exempt from such requirements. Referred to Committee on Education.
HB 488. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to change provisions relat ing to the exemption for the rental of motion picture film; to make provisions for exemption of certain rentals of videotape.
Referred to Committee on Banking and Finance.
HB 514. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd, Robinson of the 96th and Jones of the 71st:
A bill to amend Chapter 36 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Insurers Insolvency Pool, so as to provide what shall be considered a covered claim for unearned premium; to provide exclusions to the definition of property and casualty insurance; to provide that the pool as a legal entity and any of its individual members shall have no cause of action against an insured of an insolvent insurer for sums paid by the pool.
Referred to Committee on Insurance.
HB 637. By Representatives Barnett of the 10th, Harris of the 84th and Birdsong of the 104th:
A bill to amend Code Section 48-3-19 of the Official Code of Georgia Annotated, relating to transfer of certain tax executions, so as to change and revise the provi sions regarding notification of the individual against whom such an execution has been issued. Referred to Committee on Special Judiciary.
HB 670. By Representatives Couch of the 36th, Lane of the 27th and Alford of the 57th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," to permit the use of interest earned on certain reserve funds to pay oper ating costs; to include interest earned on certain reserve funds in definition of transit operating revenue.
Referred to Committee on Public Utilities.
HB 562. By Representative Bannister of the 62nd:
A bill to amend an Act creating a new charter for the City of Lilburn, so as to change certain provisions relating to the election and taking of office of mayor and council members. Referred to Committee on Urban and County Affairs.

WEDNESDAY, FEBRUARY 15, 1989

739

HB 669. By Representative Bannister of the 62nd: A bill to amend an Act creating a new charter for the City of Lilburn, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 680. By Representatives Royal of the 144th, Long of the 142nd and Titus of the 143rd: A bill to provide for the Board of Education of Thomas County; to provide for the election and terms of members.
Referred to Committee on Urban and County Affairs.
HB 740. By Representative Walker of the 115th: A bill to amend an Act reincorporating and providing a new charter for the City of Perry, so as to change provisions relative to the adoption of ordinances.
Referred to Committee on Urban and County Affairs.
HB 741. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th: A bill to amend an Act creating the State Court of Houston County, so as to change provisions relating to the solicitor of said court.
Referred to Committee on Urban and County Affairs.
HB 747. By Representatives Lane of the lllth and Godbee of the 110th: A bill to amend an Act creating the office of tax commissioner of Bulloch County, so as to change the compensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.
HB 748. By Representative Balkcom of the 140th: A bill to amend an Act creating a board of commissioners for Baker County, so as to authorize and empower the board of commissioners to employ and fix the compensation of a clerk of the board of commissioners.
Referred to Committee on Urban and County Affairs.
HB 760. By Representatives Hanner of the 131st and Holland of the 136th: A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, so as to change a certain provision relating to the employment of deputies.
Referred to Committee on Urban and County Affairs.
HB 763. By Representative Stancil of the 66th: A bill to repeal an Act known as the "Oconee Utility Authority Act" (formerly the "Oconee County Public Utility Authority Act"), to provide for the disposi tion of all of the property, whether real, personal, tangible, intangible, or other wise, of the authority.
Referred to Committee on Urban and County Affairs.
HB 767. By Representative Chance of the 129th: A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge and solicitor of said court.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

The following communication from Senator Foster of the 50th, Chairman of the Senate Committee on Education, was received and read by the Secretary:
The State Senate Atlanta
February 14, 1989 Mr. Hamilton McWhorter Secretary of the Senate Dear Hamilton:
I will be unable to chair the meeting of the Senate Education Committee scheduled for 2:00 p.m. on February 14, 1989, due to my being out of town. I have asked our Vice Chair man, Senator Bev Engram to chair this meeting and she has agreed.
I hereby authorize the Vice Chairman to take up the following bills: Senate Bill 311 Senate Bill 325 House Bill 221
Thank you. Sincerely,
/s/ John C. Foster
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Education has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 221. Do pass. Respectfully submitted, Senator Engram of the 34th District, Vice Chairman
Mr. President:
The Committee on Human Resources has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 184. Do not pass. SB 294. Do pass. SR 70. Do pass as amended.
Respectfully submitted, Senator Howard of the 42nd District, Chairman
Mr. President:
The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 21. Do pass.

WEDNESDAY, FEBRUARY 15, 1989

741

HB 140. Do pass.

Respectfully submitted, Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following resolu tions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 120. Do pass as amended.

SR 132. Do pass.

SR 126. Do pass as amended.

HR 165. Do pass.

SR 127. Do pass.

Respectfully submitted,

Senator Scott of the 2nd District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 275. Do pass as amended. HB 32. Do pass. HB 216. Do pass.
Respectfully submitted,
Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bill and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 122. Do pass. HB 469. Do pass.
Respectfully submitted,
Senator Harris of the 27th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 315. HB 219. HB 376. HB 530.

Do pass. Do pass as amended. Do pass. Do pass.

HB 549. HB 578. HB 642.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Harris of the 27th District, Chairman

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JOURNAL OF THE SENATE

The following bills and resolutions of the Senate and House were read the second time:
SR 110. By Senator Dawkins of the 45th: A resolution creating the Joint Study Committee on Cost Display on State Publications.
SR 116. By Senators Parker of the 15th, Scott of the 2nd, Deal of the 49th and others:
A resolution proposing an amendment to Article II, Section II, of the Constitu tion, so as to provide that persons convicted of certain crimes during the term of and relating to their office or appointment shall be ineligible to hold any office or appointment unless those persons are granted certain pardons; to provide for the submission of this amendment for ratification or rejection.
SR 140. By Senators Starr of the 44th, Allgood of the 22nd, Kennedy of the 4th, Coverdell of the 40th and others:
A resolution creating the Commission on Economy and Efficiency in State Government.
SB 61. By Senators Dawkins of the 45th and Edge of the 28th: A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to redefine what shall be considered an injury or personal injury; to change the eligibility requirements for the position of director emeritus of the board; to provide for the compensation of the chair man and members of the State Board of Workers' Compensation and administra tive law judges.
SB 63. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, known as the "Uniform Reciprocal Enforcement of Support Act," so as to remove the responsibility for collecting certain civil support payments from the probation department of the court; to amend Code Section 42-8-32 of the Official Code of Georgia Annotated, relating to funds which may be collected by probation supervisors, so as to remove the provision that probation supervisors may collect funds.
SB 211. By Senators Kennedy of the 4th and Dawkins of the 45th:
A bill to amend Code Section 42-9-16 of the Official Code of Georgia Annotated, relating to persons permitted to appear or practice before the State Board of Pardons and Paroles, so as to authorize certain persons to serve as representa tives of attorneys in matters before said board.
SB 218. By Senators Johnson of the 47th, Peevy of the 48th, Howard of the 42nd and Edge of the 28th:
A bill to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to criminal abuse of governmental office, so as to provide for the criminal offense of extortion by public office; to state legislative intent; to provide for penalties; to provide an effective date.
SB 224. By Senator Allgood of the 22nd: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that automobile insurance poli cies that provide comprehensive coverage shall provide complete coverage for re pair or replacement of certain damaged safety equipment without regard to any deductible or minimum amount; to provide for definitions.

WEDNESDAY, FEBRUARY 15, 1989

743

SB 291. By Senators Fuller of the 52nd, Kidd of the 25th and Barnes of the 33rd:
A bill to amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of billiard rooms, so as to extensively revise said chap ter; to provide for definitions; to repeal a provision relating to the authority of local governing authorities to license and regulate billiard rooms; to provide qual ifications for persons operating billiard rooms.
SB 297. By Senator Allgood of the 22nd:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records for which public disclosure is not required, so as to provide that public disclosure is not required for certain records relating to the provision of staff services to individual members of the General Assembly by cer tain offices.
SB 322. By Senators Pollard of the 24th, Barnes of the 33rd, Dean of the 31st and Garner of the 30th:
A bill to amend Code Section 15-21-73 of the Official Code of Georgia Annotated, relating to additional penalties to be imposed in certain criminal and traffic cases and upon violation of a bond for the purpose of funding peace officer and prose cutor training, so as to change the provisions relating to the amount of such addi tional penalties.
SB 326. By Senators Starr of the 44th, Kennedy of the 4th, Allgood of the 22nd, Coverdell of the 40th and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial affairs by the Office of Planning and Budget, so as to require the Office of Planning and Budget to prepare an annual continuation budget report.
HR 19. By Representative Parham of the 105th:
A resolution designating the Thomas Humphrey Highway.
HR 74. By Representatives Jamieson of the llth and Dover of the llth:
A resolution designating the U. S. 441 Business Historic Route.
HR 112. By Representatives Groover of the 99th, Walker of the 115th, Lee of the 72nd and Murphy of the 18th:
A resolution urging the Georgia Congressional Delegation to oppose the imposi tion of a federal tax on motor fuels, with the revenue generated thereby being used for general budgetary purposes.
HB 118. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19881989 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1988-1989.
HB 309. By Representatives Hooks of the 116th, Watson of the 114th and Bargeron of the 108th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds and other bonds required on contracts with the state and other political subdivisions for public works, so as to provide that this Code sec tion shall not apply where the total contract price does not exceed $40,000.00.

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HB 351. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain qualifying petitions, nomination petitions, and petitions to qualify political bodies to nominate certain candidates by con vention shall consist of cards each of which shall contain only one signature.
HB 407. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 20 of the Official Code of Georgia Annotated, relating to education, Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that candidates for certain offices shall file certain affidavits with or make certain affirmations to the officer before whom they qualified to seek office.
HB 408. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require certain write-in candidates to file a copy of the pub lished notice of intent of candidacy with certain election officials; to require cer tain municipal write-in candidates to file a copy of the published notice of intent of candidacy with certain municipal officials.
HB 412. By Representatives Murphy of the 18th, Watts of the 41st and Cummings of the 17th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of this state, so as to change the terms for the Superior Courts of the Tallapoosa Judicial Circuit.
HB 430. By Representative Twiggs of the 4th:
A bill to amend Chapter 6A of Title 35 of the Official Code of Georgia Anno tated, relating to the Criminal Justice Coordinating Council, so as to change the membership of the council; to provide for initial and regular terms of office.
HB 464. By Representatives Reaves of the 147th, Godbee of the 110th, Balkcom of the 140th and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length of vehicles and loads, so as to provide an exemption for certain vehicles and combinations of vehicles from the maximum length requirements of such Code section.
HB 473. By Representatives Cheeks of the 89th, Godbee of the 110th, Harris of the 84th and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, so as to change the length restrictions relative to certain vehicles.
HB 474. By Representatives Dover of the llth, Twiggs of the 4th, Crosby of the 150th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase,

WEDNESDAY, FEBRUARY 15, 1989

745

retail sale, rental, storage, use, or consumption of certain tangible personal prop erty and on certain services.

HB 499. By Representatives Foster of the 6th, Colwell of the 4th, Twiggs of the 4th, Mur phy of the 18th and others:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to provide that over crowding of the prison system may create an emergency requiring additional cor rectional facilities either of a permanent type of construction or of a temporary or movable type.

HB 546. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend an Act which amended Chapter 1 of Title 51 of the Official Code of Georgia Annotated, and which provided that certain persons shall not be liable for the acts of intoxicated persons who are of legal drinking age, so as to correct a typographical error in a cross-reference.

The President called for the morning roll call, and the following Senators answered to their names:

Allgood Baldwin Barker Barnes Bowen Brannon BrBC,lruaoryut. onn Coleman
Collins Coverdell
Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner GTHHTiualgrlirgsisins Kennedy
Kidd Land
Langford Newbill Olmstead Parker

Those not answering were Senators:

Perry Phillips Pollard Ragan of 10th Ragan of 32nd ^ e0Soccoo,tt.tt nootfr, 23o,,,,n6.dtj,h Shumake
btarr Stumbaugh
Tate Taylor Turner Tysinger

Albert Dawkins Hammill

Howard Johnson McKenzie

Peevy Timmons Walker

Senator Newbill of the 56th introduced the chaplain of the day, Dr. Malone Dodson, pastor of the Roswell United Methodist Church, Roswell, Georgia, who offered scripture reading and prayer.

746

JOURNAL OF THE SENATE

The following resolution of the Senate was read and adopted:
SR 143. By Senator Pollard of the 24th:
A resolution commending W. A. "Billy" Bryant.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Wednesday, February 15, 1989
TWENTY-FIFTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 315 Ragan, 32nd Barnes, 33rd Clay, 37th Newbill, 56th Cobb County
To provide for a solicitor for the State Court of Cobb County; to provide for the election, terms, compensation, and duties of said solicitor; to provide for assistant solicitors.
*HB 219 Baldwin, 29th Garner, 30th Carroll County
To create a chairman and board of commissioners for Carroll County and prescribe their qualifications, terms of office, compensation, manner of elec tion, powers, duties, and responsibilities; to provide for dividing said county into election districts. (AMENDMENT)
HB 376 Coleman, 1st Scott, 2nd Hammill, 3rd City of Port Wentworth Chatham County
To amend an Act incorporating the City of Port Wentworth, so as to change the corporate limits of said city.
HB 530 Baldwin, 29th City of Shiloh Harris County
To provide a $2,000.00 homestead exemption from ad valorem taxes of the City of Shiloh for certain individuals.
HB 549 Burton, 5th Tysinger, 41st Howard, 42nd Walker, 43rd Stumbaugh, 55th DeKalb County
To amend an Act creating the State Court of DeKalb County, formerly

WEDNESDAY, FEBRUARY 15, 1989

747

known as the Civil and Criminal Court of DeKalb County, so as to change certain fees.

HB 578 Baldwin, 29th Heard County
Changes the compensation of the commissioner of Heard County.
HB 642 Harris, 27th Barker, 18th Olmstead, 26th Bibb County
Changes the provisions relating to the supplement to be paid out of the trea sury of Bibb County to each judge of the superior courts of the Macon Judi cial Circuit.

The amendment to the following bill was put upon its adoption:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 219 by striking all matter on lines 3 through 7 of page 18 and inserting in lieu thereof the following:
"specially called meeting of the commission and may vote on all matters before the commission for a vote. The".
By striking Section 13 in its entirety and inserting in lieu thereof the following: "Section 13. Reserved."
On the adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brannon
Burton

Foster Fuller Garner Gillis Hammill
KZrd

Peevy Perry Phillips Pollard Ragan of mh
Ragan of 32nd

S5L Coverdell Dawkins
Deal
Echols Edge
Engram Fincher

?Z Kennedy Kidd
Land
McKenzie Newbill
Olmstead Parker

ttof36th Starr u Stumbaugh
Tate
Taylor Turner
Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Albert Baldwin Coleman

Dean English Langford

Scott of 2nd Shumake Timmons

On the passage of all the local bills, the yeas were 47, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 219, having received the requisite constitutional majority, were passed.

HB 219, having received the requisite constitutional majority, was passed as amended.

SENATE RULES CALENDAR Wednesday, February 15, 1989 TWENTY-FIFTH LEGISLATIVE DAY

SB 41 Employees Under Merit System--sick leave (Substitute) (Gov Op--25th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.)
SB 268 Medicaid Prescription Drug Bidding and Rebate Program--establish (Substi tute) (Hum R--42nd)
SB 149 Conviction of Misdemeanor, Felony--inmate transfer (Corr-13th) SB 257 Correctional Industries Administration--powers on capital projects (Corr--30th) SB 274 Road Systems--the dollar amount that counties may negotiate certain contracts
(Substitute) (U&CA G--27th) SR 64 Atlanta--conveyance of state owned property (Substitute) (Pub U--2nd) HB 291 Merit System--working test employee (Gov Op--15th) HB 125 Peace Officer Standards, Training Council Executive Director--training (Pub
S--15th) HB 146 Drivers' Licenses--revise points for certain offenses (Pub S--13th) HB 292 Fair Employment Practices--periodic reports on complaints (S Judy--52nd) HB 99 Vehicle Insurance Cancellation--when notice sent to Public Safety Department
(Pub S--49th) HB 315 Credit Union Deposit Insurance Corporation--bylaws (B&F--8th) HB 119 Teachers Retirement--determination of average compensation (Ret--llth) HB 56 Department of Natural Resources--proceeds from purchase of waterfowl stamps
(Nat R--20th) HB 183 Insurance--certain direct response advertising unfair practice (Ins--12th) HB 377 Street Improvement Bonds-increase interest rate (U&CA G--52nd) HB 420 Aquaculture Development Act--create (Ag--21st) HB 217 Fire Departments--expand emergency powers (Pub S--26th) HB 43 Peace Officers' Annuity Fund-define "peace officer" (Amendment) (Ret--llth) HB 322 Nolle Prosequi--notice to defendant and attorney (S Judy--12th) HB 121 Teachers Retirement--payment required for credit for pregnancy absence
(Ret--llth) HB 208 Vehicle Window Tinting--prohibit certain windows (Pub S--49th) HB 285 Game and Fish--redefine "game fish" (Ag--21st) HB 280 Motorcyclist--may wear headset (Pub S--51st) HB 334 Limited Partnerships--reservations of names (Judy--47th) HB 238 Peace Officer Standards and Training Act--redefine peace officer (Pub S--38th)

WEDNESDAY, FEBRUARY 15, 1989

749

HB 4 Alcoholic Treatment--change effective date (Hum R--42nd)

Respectfully submitted,
Is,/ Nathan Dean of the 31st, Chairman Senate Rules Committee

The following general bill of the Senate, having been read the third time and final ac tion suspended on February 14, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was put upon its passage:

SB 41. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to authorize employees in the classified service who have accumulated sick leave to utilize such sick leave at any time such employees are sick; to authorize a supervisor to require than an employee who is absent from work on sick leave for three or more days to provide written confirmation.

The substitute to SB 41 offered by Senator Kidd of the 25th on February 14, as it appears in the Journal of February 14, was automatically reconsidered and put upon its adoption.

On the adoption of the substitute, the yeas were 33, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brannon
roun pCDoa,lwyemkianns fjeal Dean English Engram Fincher

Foster Fuller Garner Gillis Hammill
Harris Howard Huggms Johnson Kennedy Kidd Land Langford

Olmstead Parker Peevy Pollard Ray
Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Tysinger Walker

Those voting in the negative were Senators:

Burton Collins
Coverdell Echols

Edge Newbill
Perry Phillips

Ragan of 32nd Timmons Turner

Those not voting were Senators:

Albert Baldwin

McKenzie Ragan of 10th

Stumbaugh

750

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 40, nays 11.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Garner of the 30th introduced Wendy Bagwell and the Sunliters, who were commended by SR 14 adopted previously, and Mr. Bagwell briefly addressed the Senate.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 268. By Senators Howard of the 42nd, Starr of the 44th, Barnes of the 33rd and others:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for legislative intent; to require the Department of Medical Assistance to establish a Medicaid Prescription Drug Bidding and Rebate Program and provide for condi tions, procedures, and requirements relating thereto.
The Senate Committee on Human Resources offered the following substitute to SB 268:
A BILL
To be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for legis lative intent; to require the Department of Medical Assistance to establish a Medicaid Pre scription Drug Bidding and Rebate Program and provide for conditions, procedures, and requirements relating thereto; to provide for situations in which no acceptable bids are re ceived; to provide that the department may refuse to reimburse certain drug manufacturers; to provide for statutory construction; to provide for establishing one supplier or one price for certain drugs; to provide for other rebates; to provide for verification, audits, and adjust ments; to provide for the applicability of certain other laws; to provide for penalties and sanctions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," is amended by adding after Code Section 494-152 a new Code section to read as follows:
"49-4-152.1 (a) The General Assembly finds that the department frequently must pay more for prescription drugs furnished to recipients of medical assistance under this article than certain health care providers pay for the same products. In order to control more effec tively the costs of such drugs, the department shall establish a Medicaid Prescription Drug Bidding and Rebate Program as provided in this Code section.
(b) The department shall request sealed bids from prescription drug manufacturers for both brand name and generic equivalent prescription drugs specified by the department. The bids shall be proposed agreements by these manufacturers to adjust prices of drugs specified by the department to a price designated as the bid price when those drugs are supplied to recipients of medical assistance under this article. If the department has ac cepted a bid for a drug under this Code section, the department may not reimburse a pro vider of such drug for any equivalent drug not so successfully bid during the term of the contract awarded with regard to the drug so bid. The department may elect not to reim burse for any multisource drugs of a drug manufacturer which does not participate in the bid process or which bids prices considered excessive by the department.
(c) All prescription drugs for which bids are submitted must meet applicable standards of the U. S. Pharmacopoeia, the State Board of Pharmacy, and be guaranteed as meeting all

WEDNESDAY, FEBRUARY 15, 1989

751

requirements, regulations, and comparison data under the Federal Food, Drug, and Cos metic Act and the regulations thereunder. The manufacturer of a drug which is bid must have an FDA approved New Drug Application or an abbreviated New Drug Application and must have a product liability insurance policy extending to pharmacy providers under this article, but the policy may condition coverage thereunder upon the provider's complying with all applicable federal and state laws and regulations promulgated thereunder.
(d) Nothing in this Code section shall be construed to change the practice of pharma cies having provider agreements under this article with respect to their purchases and sales of and reimbursements for drugs furnished to recipients of medical assistance under this article. Adjustment rebates in an amount determined by subtracting the bid price for such drugs from the maximum price allowed for reimbursement by the department shall be made by the successfully bidding drug manufacturer to the department and be paid quarterly to the department.
(e) In the event no acceptable bids are received for a drug for which a request for bid was made, the department may select a single drug supplier for the drug or establish one price for such drug which the department will reimburse therefor, but this shall not restrict the department from establishing one price for any drug upon which the department does not request bids.
(f) Except when in conflict with this Code section, Article 3 of Chapter 5 of Title 50, relating to state purchases by the Department of Administrative Services, shall apply to bidding and purchasing of prescription drugs by the department pursuant to this Code sec tion. The prohibitions against financial interest in Code Section 50-5-78 shall be applicable to the commissioner and other employees of the department and any violation thereof pun ishable as provided in subsection (d) of that Code section. Contracts for the purchase of prescription drugs made in violation of this Code section shall be void and of no effect and liability therefor shall be the same as that provided in Code Section 50-5-79.
(g) The department is authorized to accept rebates from any drug manufacturer for providing information to that manufacturer regarding utilization by Medicaid recipients of that manufacturer's drugs as long as the anonymity of the recipients is maintained. The department is further authorized to verify and audit claims for reimbursement for drugs successfully bid, provide the manufacturers thereof with the information so obtained, and to adjust the department's claim for rebates based upon that information.
(h) The provisions of this Code section shall be construed in conformity with Code Section 49-4-157."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen

Broun Burton Clay Coleman Collins Dawkins

Dean Echols Edge English Engram Fincher

752

JOURNAL OF THE SENATE

Foster Fuller Garner
lUis , fjamml11 HHoarwriasrd Huggins Johnson Kennedy Kidd Land

Langford McKenzie Newbill
Olmstead Parker T*, eevy Perrv Phillips Pollard Ragan of 10th Ragan of 32nd

Ray Scott of 2nd Scott of 36th
Shumake Starr ,,S,tumb, augh, Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Brannon

Deal

Coverdell

Timmons

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 149. By Senators Bowen of the 13th, Timmons of the llth, Ragan of the 10th and others:
A bill to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Department of Corrections over certain misde meanor offenders and designation of place of confinement for persons convicted of misdemeanors or felonies, so as to change the provisions relating to the trans fer of an inmate to the custody of the Department of Corrections.

Senator Hammill of the 3rd offered the following amendment:

Amend SB 149 by striking on page 2, lines 11 and 12, the following: "beyond the fifteenth day.", and add "." after the word "boarded".

Senator Newbill of the 56th offered the following amendment:

Amend SB 149 as follows:
"If the sheriffs facility is at 100% capacity, then the department shall have 15 days from the date of sentencing to transfer an inmate to a state correctional institution or the sheriff shall have the authority to deliver any such inmate to the nearest such state correc tional institution."

Senator Gillis of the 20th moved that SB 149 be postponed until February 16.

On the motion, the yeas were 43, nays 1; the motion prevailed, and SB 149 was post poned until February 16.

SB 257. By Senator Garner of the 30th:
A bill to amend Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, so as to change such powers with regard to capital projects; to clarify and restate its powers with regard to earnings, vocational training, and otherwise; to ratify and approve existing facilities and a warehouse under construction.

WEDNESDAY, FEBRUARY 15, 1989

753

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes owen
PColeman Collins Coverdell Dawkins Deal Dean Echols Engram

Fincher Foster Garner
Gillis Hammill Harris Howard Huggins Johnson
Kennedy Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips
Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake
Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Edge English

Fuller Kidd

Ray Starr

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 274. By Senators Harris of the 27th, McKenzie of the 14th, Ragan of the 10th and others:
A bill to amend Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and municipal road systems, so as to change the dollar amount for which counties may negotiate certain contracts; to amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to local govern ment provisions applicable to public works contracts of counties only, so as to provide that county contracts shall be let to the lowest responsible bidder.

The Senate Committee on Urban and County Affairs offered the following substitute to SB 274:

A BILL
To be entitled an Act to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power of the Department of Transporta tion to contract generally, so as to change the dollar amount for which the department may negotiate certain contracts; to amend Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and municipal road systems, so as to change the dollar amount for which counties may negotiate certain contracts; to change the dollar amount for which municipalities may negotiate certain contracts; to amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to local government provisions applicable to

754

JOURNAL OF THE SENATE

public works contracts of counties only, so as to provide that county contracts shall be let to the lowest responsible bidder; to change the dollar amount of public works contracts which must be let by bid; to provide for waiver of bid requirements in the event of an emergency; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power of the Department of Transportation to contract gener ally, is amended by striking paragraph (1) of subsection (d) of Code Section 32-2-61, relat ing to the limitations on the power to contract, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) The department is prohibited from negotiating any contract for the construction or maintenance of a public road involving the expenditure of $20,000.00 or more except contracts:
(A) With counties, municipalities, and state agencies, provided that such negotiated contract shall be made at the average bid price of the same kind of work let to contract after advertisement during a period of 60 days prior to the making of the contracts;
(B) With a railroad company or utility concerning relocation of its tracks or facilities where the same are not then located on a public road and such relocation is necessary as an incident to the construction or improvement of a public road. However, nothing contained in this subsection shall be construed as requiring the department to furnish a site or right of way for railroad or railway lines or tracks or utility facilities required to be removed from a public road. Furthermore, this subsection shall not prevent the department from assisting in the removal and relocation of publicly owned utilities from locations on public roads as provided in Code Section 32-6-170;
(C) For emergency construction or maintenance involving the expenditure of $20,000.00 or more when the public interest requires that the work be done without the delay of adver tising for public bids; or
(D) For the procurement of business, professional, or other services from any person, firm, or corporation as an independent contractor."
Section 2. Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and municipal road systems, is amended by striking paragraph (1) of Code Section 32-4-63, relating to limitations on the power of counties to contract, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) Involving the expenditure of less than $20,000.00;".
Section 3. Said chapter is further amended by striking paragraph (1) of Code Section 32-4-113, relating to limitations on the power of municipalities to contract, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) Involving the expenditure of less than $20,000.00;".
Section 4. Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to local government provisions applicable to public works contracts of counties only, is amended by striking Code Section 36-10-2, relating to letting of public works contracts gen erally, in its entirety and substituting in lieu thereof a new Code Section 36-10-2 to read as follows:
"36-10-2. Whenever it becomes necessary to build or repair any courthouse, jail, bridge, causeway, or other public works in any county, the county governing authority shall cause the same to be built or repaired by letting out the contract therefor to the lowest responsi ble bidder, at public outcry, before the courthouse door, after having advertised the letting of the contracts, as provided in Code Section 36-10-3, provided that such county authorities shall have authority to reject any and all bids at the public letting. If, in their discretion, the public interest and economy require it, the county authorities may build or repair any pub-

WEDNESDAY, FEBRUARY 15, 1989

755

lie buildings, bridges, causeways, or other public property in the county by contract or sealed proposals, to be invited under the same provisions as to specifications and like infor mation as are provided in Code Sections 36-10-3 and 36-10-4."
Section 5. Said chapter is further amended by striking Code Section 36-10-4, relating to contracts for public works and bonds for contractors, in its entirety and substituting in lieu thereof a new Code Section 36-10-4 to read as follows:
"36-10-4. (a) Contractors who are awarded contracts shall be required to give bond for the total amount of the bid, with one good and solvent security, for the faithful performance of the contract and to indemnify the county for any damages occasioned by a failure to perform the same within the prescribed time.
(b) Except as provided in subsection (c) of this Code section, it shall be unlawful to let out any contract for building or repairing any public building, bridge, or other public work, unless Code Sections 36-10-1 through 36-10-3 are complied with; and any contractor doing or having done any work of the kind in any other manner shall not be entitled to receive any payment therefor.
(c) (1) The requirements of Code Sections 36-10-1 through 36-10-3 shall not apply to the building or repairing of any public bridge, building, or other work, when the same can be done at a cost of less than $20,000.00. The proper officer may have such work of building or repairing done by hiring hands and furnishing materials.
(2) In any county having a county correctional institution, the county governing author ity shall have the power and authority to purchase material for and use the inmates in building or repairing any public building, bridge, causeway, or other public works in the county; and in such cases Code Sections 36-10-1 through 36-10-3 shall not apply.
(3) In the event that the labor used or to be used in building or repairing any public building, bridge, causeway, or other public works in any county is furnished, at no expense, to the county by the state or federal government or any agency thereof, the county gov erning authority shall have the power and authority to purchase material for and use the labor furnished free to the county; and in such case Code Sections 36-10-1 through 36-10-3 shall not apply.
(4) Where material is purchased and work done with the inmates, or where labor is furnished as indicated in paragraph (3) of this subsection, the county governing authorities of the county may use the funds of the county arising from taxes levied for such purposes in purchasing the materials and in supporting and maintaining the inmates while the work is being done.
(5) The requirements of Code Sections 36-10-1 through 36-10-3 shall not apply to pub lic works necessitated by an emergency. Any contract let pursuant to this paragraph shall be entered, as soon as practicable, on the minutes of the county governing authority, and the nature of the emergency shall be described therein.
(d) Nothing in this Code section shall prohibit any government from requiring such bonds as it may deem necessary for contracts involving work costing less than $20,000.00."
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

756

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill

Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Engram

Phillips

Tate

Shumake

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 96. By Representative Barnett of the 10th:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to change the provisions relating to compensation of court bailiffs and expense allowances for jurors.

Senator Barnes of the 33rd moved that the Senate insist upon the Senate amendment to HB 96.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 96.

The following general resolution of the Senate and bills of the House were read the third time and put upon their passage:

SR 64. By Senators Scott of the 2nd and Tysinger of the 41st:
A resolution authorizing the conveyance of certain state owned real property lo cated in Atlanta, Fulton County, Georgia; to provide an effective date.

The Senate Committee on Public Utilities offered the following substitute to SR 64:

A RESOLUTION Authorizing the conveyance of certain state owned real property located in Atlanta,

WEDNESDAY, FEBRUARY 15, 1989

757

Fulton County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain parcels of real property con taining 0.295 acre and a portion of 1.189 acres located in Fulton County, Georgia; and
WHEREAS, said real property is all or a portion of those tracts or parcels of land lying and being in Fulton County, Georgia, in the 14th District, lying in and being a part of land lot number 83 and being generally described as follows:
All or a portion of those certain tracts of land situate, lying and being in the City of Atlanta, Georgia, and in Land Lot 83 of the 14th Land District of Fulton County, Georgia, containing a portion of 1.484 acres, and being more particularly shown as TRACTS 3, 4, and 13 on sheets one through three sheets, prepared for the State of Georgia and its Department of Industry and Trade by Riley, Park, Hayden & Associates, Inc., more particularly Larry W. Clark, Georgia Registered Land Surveyor No. 1709, and entitled "PART OF THE PRO JECT SITE OF PROJECT NO. GWCC-2, GEORGIA DOME, ATLANTA, GEORGIA"; blue line prints of said sheets of said plats are recorded in Plat Book 158, pages 2 through 4 of the plat records in the Office of the Clerk of the Superior Court of Fulton County, Georgia;
and
WHEREAS, said property is in the custody and management of the Georgia Depart ment of Industry and Trade; and
WHEREAS, said property is not needed for the expansion of the Georgia World Con gress Center and, therefore, would be surplus to their needs.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-described real property and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Com mission, is authorized and empowered to sell and convey all or a portion of the above-de scribed property for a consideration of not less than the fair market value as determined by the State Properties Commission, but in any event not less than the per square foot purchase price of the state, to a purchaser or purchasers, and upon such further terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
Section 3. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
Section 4. That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the O.C.G.A. requiring that a conveyance of real property be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat or drawing of the property, the conveyance of which is author ized by this resolution, currently on file with the State Properties Commission, shall consti tute an acceptable plat for filing.
Section 5. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. That all laws and parts of laws in conflict with this resolution are repealed.
On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

758

JOURNAL OF THE SENATE

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barnes Bwen
f?roun Ck rLCooillelimnsan Coverdell Dawkins Deal Dean Echols Edge

English Fincher Foster
Fuller Garner
Gillis Hammill HIHTuargrgisms Johnson Kennedy Land Langford Newbill Olmstead

Parker Perry Ragan of 10th
Ragan of 32nd Ray
Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Engram Howard

Kidd McKenzie Peevy

Phillips Pollard Shumake

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

HB 291. By Representatives Bishop of the 94th, Thurmond of the 67th, Randall of the 101st, Abernathy of the 39th and Benn of the 38th:
A bill to amend Code Section 45-20-6 of the Official Code of Georgia Annotated, relating to the composition of classified and unclassified service in the state merit system, so as to provide for management review of employees serving in a work ing test period of employment; to provide that such management review shall not be interpreted as granting any additional rights to a working test employee.
Senate Sponsor: Senator Parker of the 15th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Broun Burton Clay

Collins Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris

WEDNESDAY, FEBRUARY 15, 1989

759

Howard Muggins
Johnson Kennedy Kidd Land Langford McKenzie
Newbill

Olmstead Parker
Peevv Perry Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd

Scott of 36th Starr
Stumbaugh T. *. laylor Timmons Turner
Walker

Those not voting were Senators:

Barker Brannon

Coleman Phillips

Shumake Tysinger

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 125. By Representatives Twiggs of the 4th, Foster of the 6th, Griffin of the 6th and Langford of the 7th:
A bill to amend Code Section 35-8-6 of the Official Code of Georgia Annotated, relating to the Georgia Peace Officer Standards and Training Council and the appointment of the executive director, so as to prescribe certain training require ments for the executive director and investigators appointed by the executive director; to provide certain powers of the executive director and investigators.
Senate Sponsor: Senator Parker of the 15th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kennedy Land McKenzie Newbill Olmstead

Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman Howard

Kidd Langford Phillips

Shumake Taylor

760

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President announced that pursuant to HR 192, adopted previously, the Senate would stand in recess from 10:35 o'clock A.M. until the Joint Session was dissolved at which time the Senators would return to the Senate Chamber to continue their deliberations.

The hour for convening the Joint Session of the Senate and House under the provisions of HR 192 having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the chamber of the House of Representatives, and the Joint Session called for the purpose of hearing an address from His Excellency, Juan Antonio Samaranch, Presi dent, International Olympic Committee, as was provided for in HR 192, adopted previously, was called to order by the President of the Senate, Lieutenant Governor Zell Miller.

The Clerk of the House of Representatives read HR 192 and Lieutenant Governor Miller introduced His Excellency, Juan Antonio Samaranch, President of the International Olympic Committee; Mr. Bob Helmick, President of the United States Olympic Committee; Ms. Anita DeFrantz, a member of the International Olympic Committee; and His Honor, Andrew Young, Mayor of the City of Atlanta, Georgia; and President Samaranch addressed the Joint Session of the Senate and House of Representatives.

Senator Allgood of the 22nd moved that the Joint Session be now dissolved, and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

At 11:17 o'clock A.M., the President called the Senate to order.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 146. By Representatives Colwell of the 4th, Twiggs of the 4th, Foster of the 6th and others:
A bill to amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of the licenses of habitually negligent, incom petent, or dangerous drivers, so as to revise the points assessed for certain offenses.
Senate Sponsor: Senator Bowen of the 13th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton

Collins Coverdell Dawkins Deal Echols Edge English Engram

Fincher Foster Fuller Garner Gillis Hammill Harris Howard

WEDNESDAY, FEBRUARY 15, 1989

761

Huggins Johnson
Langford Newbill Olmstead

Parker perry
Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd

Scott of 36th Starr
Stumbaugh Tate Timmons Turner Tysinger

Those not voting were Senators:

Albert Clay
Coleman Dean

McKenzie Peevy Phillips

Shumake Taylor Walker

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 292. By Representatives Bishop of the 94th, Thurmond of the 67th, Randall of the 101st, Abernathy of the 39th and Benn of the 38th:
A bill to amend Code Section 45-19-36 of the Official Code of Georgia Annotated, relating to procedures relative to the filing of a complaint with the administrator of the Office of Fair Employment Practices of an unlawful practice, so as to re quire the administrator of the Office of Fair Employment Practices to issue peri odic status reports with respect to complaints of unlawful practices.

Senate Sponsor: Senator Fuller of the 52nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes
Bowen roun urton pCCoo,llyleimnsan Coverdell Dawkins Deal Echols Edge English

Engram Fincher Foster Garner
Gillis Hammill Harris Howard Huggins Johnson Kennedy Land Langford McKenzie Newbill

Olmstead Parker Peevy Perry
Phillips Pollard Ragan of 10th RScaoyJtt of 2nd Scott of 36th Starr Stumbaugh Tate Turner Tysinger

Those not voting were Senators:

Albert Brannon Dean Fuller

Kidd Ragan of 32nd Shumake

Taylor Timmons Walker

762

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 99. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to clarify when a notice of cancellation shall be sent to the Department of Public Safety; to provide for certain information to be included on notices of cancellation sent to the department.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Broun Burton Clay Coleman Collins Coverdell Deal Dean Echols Edge English Engram

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Baldwin Brannon

Dawkins Kidd

Shumake

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was pabsed.

HB 315. By Representatives Pinkston of the 100th, Beck of the 148th and Padgett of the 86th:
A bill to amend Chapter 2 of Title 7 of the Official Code of Georgia Annotated, relating to the credit union deposit insurance corporation, so as to to provide procedures and requirements for the adoption or amendment of bylaws of the

WEDNESDAY, FEBRUARY 15, 1989

763

credit union deposit insurance corporation; to authorize the board of such corpo ration to provide a membership fee schedule with department approval. Senate Sponsor: Senator Turner of the 8th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Howard Muggins Johnson Kennedy Land Langford McKenzie Newbill Olmstead

Those not voting were Senators:

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Allgood Harris

Kidd Shumake

Starr

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

HB 119. By Representatives Cummings of the 17th and Parrish of the 109th:
A bill to amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to service retirement under the Teachers Retirement System of Georgia, so as to change the provisions relating to the determination of average compensation.
Senate Sponsor: Senator Timmons of the llth.

764

JOURNAL OF THE SENATE

The following Certification, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 270 Washington Street Room 214
Atlanta, Georgia 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Bill Cummings

State Representative

FROM:

G. W. Hogan, State Auditor

DATE:

January 6, 1989

SUBJECT: House Bill 119 (LC 7 7120) Teachers Retirement System

This Bill would require the use of "membership service" instead of "creditable service" in the calculation of average compensation which is used to determine the allowance of a member retiring under the Teachers Retirement System. Such a revision would exclude "prior service" (as defined under TRS) from these calculations. If enacted, this Bill would become effective July 1, 1989.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.

Is,/ G. W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes
Bowen Broun Bp,urton PCCoo,llyleimnsan Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster
Fuller Garner nGi.,lhr s Hammill Huggms Johnson Land Langford McKenzie Newbill Parker

Peevy Perry Phillips Pollard

Ragan of 10th

Ragan of 32nd rK> a0y

SS_, ccootttt

of of

32n6dth,

Starr Stumbaugh Timmons

Turner Tysinger Walker

Those not voting were Senators:

Allgood Brannon Harris Howard

Kennedy (presiding) Kidd Olmstead

Shumake Tate Taylor

WEDNESDAY, FEBRUARY 15, 1989

765

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 56. By Representatives Rainey of the 135th, Walker of the 115th, Groover of the 99th, Barfoot of the 120th and Titus of the 143rd:
A bill to amend Code Section 27-1-6 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, so as to permit the placing of the proceeds from the mandatory purchase of official Geor gia waterfowl stamps in the Waterfowl Stamp Fund; to amend Code Section 272-6 of the Official Code of Georgia Annotated, relating to trout stamps and big game licenses, so as to make it unlawful, subject to certain exceptions, to hunt ducks, geese, and swans without an official Georgia waterfowl stamp.
Senate Sponsor: Senator Gillis of the 20th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Broun Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Fuller Gillis Hammill Harris Howard Huggins Johnson Land Langford McKenzie Newbill 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

Those not voting were Senators:

Baldwin Coleman Foster

Garner Kennedy (presiding) Kidd

Olmstead Walker

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Newbill of the 56th introduced the doctor of the day, Dr. Robert Ollins, of Atlanta, Georgia.

766

JOURNAL OF THE SENATE

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 183. By Representatives Ware of the 77th, Griffin of the 6th, Dunn of the 73rd and others:
A bill to amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or prac tices in the business of insurance, so as to provide that certain direct response advertising shall constitute an unfair trade practice.
Senate Sponsor: Senator Taylor of the 12th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun
Burton

Engram Fincher Fuller Garner Gillis Hammill Harris
Howard

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd R
aocotttt ore

Coverdell Dawkins
Deal Dean Echols Edge English

Kidd Land
Langford McKenzie Newbill Olmstead Parker

, Stumbaugh
Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Brannon Coleman

Foster Kennedy (presiding)

Scott of 2nd Walker

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 377. By Representative Lawson of the 9th:
A bill to amend Chapter 39 of the Official Code of Georgia Annotated, relating to street improvements, so as to increase the amount of the interest rate on street improvement bonds.
Senate Sponsor: Senator Fuller of the 52nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

WEDNESDAY, FEBRUARY 15, 1989

767

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Deal Dean Echols

Edge English Engram Fincher Foster Fuller Gillis Hammill Howard Huggins Johnson Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Dawkins Garner Harris

Kennedy (presiding) Kidd Scott of 2nd

Starr Tate Walker

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 420. By Representatives Reaves of the 147th, Johnson of the 123rd, Branch of the 137th, Moore of the 139th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the development and enhancement of aquaculture; to provide a short title; to provide for definitions; to create the Aquaculture Development Commission.
Senate Sponsor: Senator English of the 21st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell

Dawkins Deal Echols Edge English Engram Fincher Foster Fuller Garner Gillis Hammill Harris

Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips

768

JOURNAL OF THE SENATE

Pollard Ragan of 10th Ragan of 32nd Ray

Scott of 36th Starr Stumbaugh Tate

Taylor Turner Tysinger

Those not voting were Senators:

Dean Kennedy (presiding)

Scott of 2nd Shumake

Timmons Walker

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 217. By Representative Buford of the 103rd:
A bill to amend Code Section 25-3-2 of the Official Code of Georgia Annotated, relating to powers of fire departments in event of emergencies generally, so as to expand the emergency powers of fire departments.
Senate Sponsor: Senator Olmstead of the 26th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun
Burton Clay
Coleman Collins Coverdell Dawkins Deal Echols Edge

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner

Those not voting were Senators:

Dean English Howard

Kennedy (presiding) Scott of 2nd

Tysinger Walker

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general bill of the House, having been read the third time on February 7,

WEDNESDAY, FEBRUARY 15, 1989

769

and committed to the Senate Committee on Retirement, and favorably reported by the committee, was put upon its passage:

HB 43. By Representative Buck of the 95th:
A bill to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions applicable to the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to the definition of "peace officer".

Senate Sponsor: Senator Timmons of the llth.

The following Certification, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 270 Washington Street Room 214
Atlanta, Georgia 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Thomas B. Buck, III

State Representative

FROM:

G. W. Hogan, State Auditor

DATE:

January 6, 1989

SUBJECT: House Bill 43 (LC 7 7085) Peace Officers' Annuity and Benefit Fund

This Bill would revise the definitions of "peace officer" and "warden" or "guard" as they relate to the Peace Officers' Annuity and Benefit Fund. To be eligible for membership in the Fund a "peace officer", "warden" or "guard" must be required by the individual's terms of employment to comply with the training requirements of the "Georgia Peace Of ficer Standards and Training Act" (Chapter 8 of Title 35). If enacted this Bill would become effective July 1, 1989.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.

/s/ G. W. Hogan State Auditor

The Senate Committee on Retirement offered the following amendment to HB 43:

Amend HB 43 by striking the word "training" where it appears in line 21 on page 2 and in line 9 on page 3.

The following Certification, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 270 Washington Street Room 214
Atlanta, Georgia 30334/8400
STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Thomas B. Buck, III

State Representative

FROM:

G. W. Hogan, State Auditor

DATE:

February 7, 1989

SUBJECT: House Bill 43 (Amendment) (AM 7 0007) Peace Officers' Annuity and Benefit Fund

770

JOURNAL OF THE SENATE

This Bill would amend House Bill 43 (LC 7 7085) to indicate that (in order to become eligible for membership in the Peace Officers' Annuity and Benefit Fund) a "peace officer", "warden", or "guard" must be required by the individual's terms of employment to comply with the requirements of the "Georgia Peace Officer Standards and Training Act" (Chapter 8 of Title 35). The original version of HB 43 required compliance with the training require ments of such Act.
This is to certify that this is a nonfiscal amendment to House Bill 43 (LC 7 7085).
/s/ G. W. Hogan State Auditor

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Echols Edge

Engram Fincher Foster Fuller Gillis Hammill Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Dean English Garner

Harris Kennedy (presiding)

Langford Scott of 2nd

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 322. By Representative Stephens of the 68th:
A bill to amend Code Section 17-8-3 of the Official Code of Georgia Annotated, relating to entry of a nolle prosequi, so as to require personal or written notice to

WEDNESDAY, FEBRUARY 15, 1989

771

be given to the defendant and the defendant's attorney of entry of a nolle prosequi.
Senate Sponsor: Senator Taylor of the 12th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Hammill Harris Howard Kidd Land 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 voting were Senators:

Brannon Gillis

Huggins Johnson

Kennedy (presiding)

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 121. By Representatives Cummings of the 17th and Parrish of the 109th:
A bill to repeal an Act entitled "To amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to the pay ment required for such creditable service".
Senate Sponsor: Senator Timmons of the llth.

The following Certification, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 270 Washington Street Room 214
Atlanta, Georgia 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Bill Cummings

State Representative

772

JOURNAL OF THE SENATE

FROM:

G. W. Hogan, State Auditor

DATE:

September 16, 1988

SUBJECT: HB 121 (LC 7 7045) Teachers Retirement System

This Bill would repeal an Act that would alter provisions relating to the granting of creditable service under the Teachers Retirement System (TRS) for periods when members were absent because of pregnancy. To establish creditable service, the member would be required to pay employee and employer contributions based upon the member's salary prior to the absence plus interest for the period of creditable service up to the date of payment. Current law requires payment determined by the board as sufficient to cover the full actua rial cost of the service granted. This Act was passed during the 1988 session but not concur rently funded.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.

M G. W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Gillis Hammill Harris Howard Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Voting in the negative was Senator Shumake.

Those not voting were Senators:

Coverdell Garner

Huggins

Kennedy (presiding)

On the passage of the bill, the yeas were 51, nays 1.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 15, 1989

773

HB 208. By Representatives Barnett of the 10th, Jackson of the 9th, Harris of the 84th and others:
A bill to amend Code Section 40-8-73.1 of the Official Code of Georgia Anno tated, relating to affixing of materials which reduce light transmission through motor vehicle windows, so as to prohibit affixing such material to certain win dows and the rear windshield of motor vehicles resulting in a reduction of light transmission to less than 32 percent or resulting in light reflectance of more than 20 percent.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill

Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Tate Timmons Turner Tysinger Walker

Voting in the negative was Senator Dawkins.

Those not voting were Senators:

Coverdell Kennedy (presiding)

Parker Peevy

Stumbaugh Taylor

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 285. By Representative Hudson of the 117th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definition of "game fish"; to change the provisions relating to sale of fish by commercial fish hatcher ies; to change the provisions relating to the licensing of wholesale and retail fish dealers.
Senate Sponsor: Senator English of the 21st.

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Senator Deal of the 49th offered the following amendment:

Amend HB 285 by adding in Section 4 on line 1 of page 4, following the word "fish" and preceding the period, the following:
"; provided, however, that persons possessing a valid fishing license may fish in ponds used primarily for the production of food fish".

On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon
Broun BC,luaryton Coleman Collins
Deal Dean Echols Edge English Engram

Foster Fuller Garner Gillis Hammill Harris
Hward JHo>hPnsonns Kidd Land
Langford McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of ioth Ragan of 32nd Ray
Scott of 2nd S,, cott of 36th ^tarr , , Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes Coverdell

Dawkins Fincher

Kennedy (presiding) Shumake

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 280. By Representative Thompson of the 20th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to authorize persons who operate motorcycles to wear headsets or headphones.
Senate Sponsor: Senator Brannon of the 51st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

WEDNESDAY, FEBRUARY 15, 1989

775

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon
Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge

English Foster Fuller Garner Gillis Hammill Harris Howard Huggins
Kidd Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Voting in the negative was Senator Engram.

Those not voting were Senators:

Barnes Coverdell Fincher

Johnson Kennedy (presiding)

Ragan of 10th Shumake

On the passage of the bill, the yeas were 48, nays 1.

The bill, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 581. By Representatives Groover of the 99th, Walker of the 115th, Lee of the 72nd, Martin of the 26th and McKelvey of the 15th:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to change the definition of the term "wages"; to change the definition of the term "computation date" with re spect to the rate of employer contributions in special cases.

The following bill of the House was read the first time and referred to committee:

HB 581. By Representatives Groover of the 99th, Walker of the 115th, Lee of the 72nd and others:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to change the definition of the term "wages"; to change the definition of the term "computation date" with re spect to the rate of employer contributions in special cases.
Referred to Committee on Industry and Labor.

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Senator Scott of the 2nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.
At 12:35 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

THURSDAY FEBRUARY 16, 1989

777

Senate Chamber, Atlanta, Georgia Thursday, February 16, 1989 Twenty-sixth Legislative Day

The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator 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 message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 772. By Representative Smith of the 78th: A bill to amend an Act providing a new charter for the City of Barnesville, so as to change certain provisions relating to the election of the mayor.
HB 774. By Representative Meadows of the 91st: A bill to amend an Act changing the compensation of the members of the board of commissioners of Talbot County, so as to change the compensation of the members of the board of commissioners of Talbot County.
HB 775. By Representatives Aiken of the 21st, Clark of the 20th, Howren of the 20th, Ehrhart of the 20th, Atkins of the 21st and others: A bill to amend an Act creating a new charter for the City of Austell, so as to change the corporate limits of the city.
HB 797. By Representatives Buck of the 95th, Robinson of the 96th, Steele of the 97th, Smyre of the 92nd, Moultrie of the 93rd and others: A bill to amend an Act establishing the salary of the judge of the Probate Court of Muscogee County, so as to change the salary of the judge of the Probate Court of Muscogee County.
HB 742. By Representative Walker of the 115th: A bill to amend Article 4 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the Municipal Gas Authority of Georgia, so as to change the provisions designating the location of the principal office or residence of the Municipal Gas Authority of Georgia from Fulton County to either Fulton County or any county contiguous to Fulton County.
HB 643. By Representative Parrish of the 109th: A bill to amend Code Section 47-16-61 of the Official Code of Georgia Annotated, relating to payments to the Sheriffs' Retirement Fund of Georgia from fees col lected in civil actions, so as to provide penalties and interest for late payment of amounts due to the system.

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HB 8. By Representative Lane of the 27th:
A bill to amend Code Section 43-41-20 of the Official Code of Georgia Annotated, relating to the date of termination of the State Board of Recreation Examiners, so as to change such date of termination.
HB 630. By Representatives Rainey of the 135th, Moody of the 153rd, McKelvey of the 15th, Redding of the 50th and Milam of the 81st:
A bill to amend Article 2 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, known as the "Dangerous Dog Control Law," so as to change the definition of a potentially dangerous dog; to change the provisions relating to identifying dangerous dogs or potentially dangerous dogs.
HB 139. By Representatives Thomas of the 69th, Porter of the 119th and Oliver of the 53rd:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to revise extensively the statutes relative to the enforce ment of child and spousal support obligations; to implement certain provisions of the federal Family Support Act of 1988 (Pub. Law 100-485); to amend the provi sions relating to the authority of the court to order the immediate deduction from wages of spousal and child support obligations.
HB 102. By Representatives Alford of the 57th, Athon of the 57th and Mangum of the 57th:
A bill to amend Code Section 12-8-28.1 of the Official Code of Georgia Anno tated, relating to limitations on the location of solid waste disposal sites within a certain distance of adjoining counties, so as to change the provisions relating to such distance.
HB 399. By Representatives Bannister of the 62nd, Barnett of the 59th, Wall of the 61st, Barnett of the 10th and Athon of the 57th:
A bill to amend Code Section 3-3-23 of the Official Code of Georgia Annotated, relating to furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages, so as to provide that the term "proper identification" shall not include any traffic citation and complaint form.
HB 123. By Representative Smith of the 78th:
A bill to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change the provisions regarding notices of foreclosure of the right to redeem; to change the provisions regarding ripening of tax deed titles by prescription.
HB 622. By Representative Couch of the 36th:
A bill to amend Code Section 47-3-67 of the Official Code of Georgia Annotated, relating to the transfer of members of a certain local retirement fund to the Teachers Retirement System of Georgia, so as to provide requirements relative to certain contributions paid to the Teachers Retirement System of Georgia.
SB 199. By Senators Starr of the 44th, Deal of the 49th and Collins of the 17th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to provide that the period of incarceration for violating the provisions of Code Section 33-34-12 shall be increased.

THURSDAY FEBRUARY 16, 1989

779

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 276. By Senators English of the 21st, Ragan of the 10th and Kennedy of the 4th:
A bill to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Agricultural Commodities Promotion Act," so as to abol ish the Agricultural Commodities Commission for Peanuts and provide for the creation of the Georgia Peanut Commission as a successor to and continuation thereof.
SB 31. By Senators Stumbaugh of the 55th, Taylor of the 12th and Olmstead of the 26th:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance, so as to require the Commissioner to release for public dissemination a list of valid complaints against insurance companies which are received by the department; to provide for publication; to provide for availability of such information to other media.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 104. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-15 of the Official Code of Georgia Annotated, relating to The Council of Probate Court Judges of Georgia, so as to provide that under certain conditions such council may contract with a member of the council for the production of certain material and compensate said member for the pro duction of such material.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 31. By Representatives Richardson of the 52nd, Hooks of the 116th, Connell of the 87th, Lee of the 72nd, Childers of the 15th and others:
A resolution creating the Joint Health Care Personnel Supply and Planning Study Committee.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
HB 301. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for spe cial license plates for commemorating colleges or universities; to provide that ap plications for such special license plates shall be made to the commissioner.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 337. By Senator Stumbaugh of the 55th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain requirements relative to fore closure of a mechanics' lien or a lien on an abandoned motor vehicle; to change

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certain notice requirements and duties of a person removing a vehicle from pub lic or private property or storing an abandoned vehicle. Referred to Committee on Industry and Labor.
SB 338. By Senator Taylor of the 12th:
A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide that all group or blanket accident and sickness insurance policies or contracts may contain such benefits, coverages, and reimbursements as may be agreed upon between the group policyholder and its insurer; to provide exceptions.
Referred to Committee on Insurance.
SB 339. By Senator Land of the 16th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to change the time for obtaining a license and registering a motor vehicle in counties of this state which have in effect an ordinance or resolution approving a staggered system of registering and taxing motor vehicles; to change the provisions relating to the staggered system of registering motor vehicles.
Referred to Committee on Urban and County Affairs (General).
SB 340. By Senators Barnes of the 33rd, Newbill of the 56th, Clay of the 37th and Ragan of the 32nd:
A bill to provide for the Marietta-Cobb County Anti-Drug Commission, a body corporate and politic; to authorize and empower such commission to take such actions and do such things as it shall deem proper to deter and control, with the intent to ultimately eliminate, the unlawful use, consumption, possession, sale, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances. Referred to Committee on Urban and County Affairs.
SB 341. By Senators Olmstead of the 26th, Harris of the 27th and Barker of the 18th:
A bill to amend an Act entitled "Macon-Water Commissioners Pension Plan", as amended, so as to amend Section 6(c)(2) "Option C" of said Act so as to disallow any lump sum distribution of benefits; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SB 342. By Senators Tate of the 38th, Parker of the 15th and Garner of the 30th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for spe cial license plates for commemorating colleges or universities; to provide that ap plications for such special license plates shall be made to the commissioner.
Referred to Committee on Transportation.
SB 343. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Hearing Aid Dealers and Dispensers Act," so as to change certain provisions relating to examinations; to change the provisions relating to when an apprentice dispenser's permit shall be issued. Referred to Committee on Governmental Operations.

THURSDAY FEBRUARY 16, 1989

781

SR 144. By Senator Barker of the 18th: A resolution urging owners of timberlands and other landowners leasing hunting rights to give preference to Georgia residents in the selection of lessees.
Referred to Committee on Natural Resources.
The following bills and resolution of the House were read the first time and referred to committees:
HB 8. By Representative Lane of the 27th: A bill to amend Code Section 43-41-20 of the Official Code of Georgia Annotated, relating to the date of termination of the State Board of Recreation Examiners, so as to change such date of termination.
Referred to Committee on Natural Resources.
HB 102. By Representatives Alford of the 57th, Athon of the 57th and Mangum of the 57th:
A bill to amend Code Section 12-8-28.1 of the Official Code of Georgia Anno tated, relating to limitations on the location of solid waste disposal sites within a certain distance of adjoining counties, so as to change the provisions relating to such distance. Referred to Committee on Natural Resources.
HB 123. By Representative Smith of the 78th:
A bill to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change the provisions regarding notices of foreclosure of the right to redeem; to change the provisions regarding ripening of tax deed titles by prescription. Referred to Committee on Judiciary.
HB 139. By Representatives Thomas of the 69th, Porter of the 119th and Oliver of the 53rd:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to revise extensively the statutes relative to the enforce ment of child and spousal support obligations; to implement certain provisions of the federal Family Support Act of 1988 (Pub. Law 100-485); to amend the provi sions relating to the authority of the court to order the immediate deduction from wages of spousal and child support obligations. Referred to Committee on Special Judiciary.
HB 399. By Representatives Bannister of the 62nd, Barnett of the 59th, Wall of the 61st, Barnett of the 10th and Athon of the 57th:
A bill to amend Code Section 3-3-23 of the Official Code of Georgia Annotated, relating to furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages, so as to provide that the term "proper identification" shall not include any traffic citation and complaint form. Referred to Committee on Consumer Affairs.
HB 622. By Representative Couch of the 36th:
A bill to amend Code Section 47-3-67 of the Official Code of Georgia Annotated, relating to the transfer of members of a certain local retirement fund to the Teachers Retirement System of Georgia, so as to provide requirements relative to certain contributions paid to the Teachers Retirement System of Georgia. Referred to Committee on Retirement.

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HB 630. By Representatives Rainey of the 135th, Moody of the 153rd, McKelvey of the 15th, Redding of the 50th and Milam of the 81st: A bill to amend Article 2 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, known as the "Dangerous Dog Control Law," so as to change the definition of a potentially dangerous dog; to change the provisions relating to identifying dangerous dogs or potentially dangerous dogs.
Referred to Committee on Natural Resources.
HB 643. By Representative Parrish of the 109th:
A bill to amend Code Section 47-16-61 of the Official Code of Georgia Annotated, relating to payments to the Sheriffs' Retirement Fund of Georgia from fees col lected in civil actions, so as to provide penalties and interest for late payment of amounts due to the system. Referred to Committee on Retirement.
HB 742. By Representative Walker of the 115th: A bill to amend Article 4 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the Municipal Gas Authority of Georgia, so as to change the provisions designating the location of the principal office or residence of the Municipal Gas Authority of Georgia from Fulton County to either Fulton County or any county contiguous to Fulton County.
Referred to Committee on Urban and County Affairs (General).
HB 772. By Representative Smith of the 78th: A bill to amend an Act providing a new charter for the City of Barnesville, so as to change certain provisions relating to the election of the mayor.
Referred to Committee on Urban and County Affairs.
HB 774. By Representative Meadows of the 91st: A bill to amend an Act changing the compensation of the members of the board of commissioners of Talbot County, so as to change the compensation of the members of the board of commissioners of Talbot County.
Referred to Committee on Urban and County Affairs.
HB 775. By Representatives Aiken of the 21st, Clark of the 20th, Howren of the 20th and others: A bill to amend an Act creating a new charter for the City of Austell, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 797. By Representatives Buck of the 95th, Robinson of the 96th, Steele of the 97th and others: A bill to amend an Act establishing the salary of the judge of the Probate Court of Muscogee County, so as to change the salary of the judge of the Probate Court of Muscogee County.
Referred to Committee on Urban and County Affairs.
HR 31. By Representatives Richardson of the 52nd, Hooks of the 116th, Connell of the 87th and others: A resolution creating the Joint Health Care Personnel Supply and Planning Study Committee.
Referred to Committee on Rules.

THURSDAY FEBRUARY 16, 1989

783

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Banking and Finance has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 220. Do pass.

HB 481. Do pass.

HB 240. Do pass.

HB 483. Do pass.

HB 421. Do pass.

HB 485. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 308. Do pass.
Respectfully submitted,
Senator Ray of the 19th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 296. Do pass by substitute. SB 317. Do pass by substitute.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills and resolu tion of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 185. Do pass by substitute.

SB 273. Do pass by substitute.

SB 188. Do pass by substitute.

SR 58. Do pass by substitute.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills and resolu tion of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 123. Do pass by substitute.

SB 321. Do pass by substitute.

SB 280. Do pass.

SR 37. Do pass.

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HB 54. Do pass by substitute.

HB 71. Do pass.

HB 57. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 265. Do pass by substitute. HB 229. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 248. Do pass.

HB 524. Do pass.

SB 221. Do pass by substitute.

HB 269. Do pass.

HB 492. Do pass by substitute.

HB 265. Do pass by substitute.

Respectfully submitted,

Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 142. Do pass.

HB 431. Do pass.

HB 53. Do pass by substitute.

HR 105. Do pass.

Respectfully submitted,

Senator Coleman of the 1st District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 295. Do pass. SB 327. Do pass. SB 332. Do pass.

HB 652. HB 664. HB 665.

Do pass as amended. Do pass. Do pass.

HB 303. Do pass.

Respectfully submitted,

Senator Harris of the 27th District, Chairman

THURSDAY FEBRUARY 16, 1989

785

The following bills and resolutions of the Senate and House were read the second time:
SR 70. By Senator Howard of the 42nd: A resolution creating the Access to Health Care Commission.
SR 120. By Senator Starr of the 44th: A resolution authorizing the conveyance of certain state owned real property lo cated in the City of Jonesboro, Clayton County, Georgia, to Clayton County and the acceptance of certain real property owned by Clayton County in considera tion therefor; to provide an effective date.
SR 122. By Senators Tate of the 38th and Scott of the 36th: A resolution proposing an amendment to the Constitution to authorize any mu nicipality of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census which has an independent school system to incur an additional $8 million per annum in bonded indebtedness for school purposes without the necessity of a referendum.
SR 126. By Senator Scott of the 2nd: A resolution authorizing the conveyance and exchange of certain state owned real property located in the City of Atlanta, Fulton County, Georgia; to provide an effective date.
SR 127. By Senator Ragan of the 10th: A resolution authorizing the conveyance of certain state owned real property lo cated in Decatur County, Georgia, to the City of Bainbridge and the acceptance of certain real property owned by the City of Bainbridge located in Decatur County, Georgia, in consideration therefor; to provide an effective date.
SR 132. By Senator English of the 21st: A resolution granting a nonexclusive easement for construction, operation, and maintenance of a fiber optic telecommunication cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Burke County, Georgia; to provide an effective date.
SB 21. By Senator Allgood of the 22nd: A bill to amend Code Section 14-2-510 of the Official Code of Georgia Annotated, relating to venue, so as to change the provisions relating to venue of actions in volving domestic corporations and foreign corporations authorized to transact business in this state; to provide that actions for torts, wrong, or injury done may be brought in the county where the cause of action originated.
SB 275. By Senator Edge of the 28th: A bill to amend Code Section 31-21-44 of the Official Code of Georgia Annotated, relating to wanton or malicious removal of a dead body from a grave or distur bance of the contents of a grave, so as to make it unlawful for any person to knowingly receive, retain, possess, or dispose of any dead body or bodily part of a human being unlawfully removed from a grave; to provide for an exception.
SB 294. By Senator Howard of the 42nd: A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Anno tated, relating to professional counselors, so as to change the provisions relating to definitions; to change the provisions relating to reciprocity; to change the pro-

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visions relating to requirements for licensure in professional counseling and so cial work.

HR 165. By Representative Dover of the llth:
A resolution authorizing the conveyance of certain state owned real property lo cated in White County, Georgia.

HB 32. By Representative Isakson of the 21st:
A bill to amend Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public administration, so as to provide that the giving of a false date of birth to a law enforcement officer with the intent to mislead such officer shall be a misdemeanor.

HB 140. By Representatives Thomas of the 69th and Chambless of the 133rd:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to provide exemptions for such authorities from the requirements of Article 4 of Chapter 18 of Title 50, relating to open meetings; to provide for such exemptions to be com parable to those exemptions granted such authorities in Chapter 14 of Title 50, relating to open records.

HB 216. By Representative Buford of the 103rd:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transactions of insurance, so as to provide that insurers who provide liability or casualty insurance coverage and the insured shall upon the request of a claimant provide certain information to such claimant.

HB 221. By Representative Redding of the 50th:
A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to require each mem ber of the State Board of Education to hold annual public hearings within the member's respective congressional district to hear testimony from citizens and educators within the congressional district regarding the performance and problems of public education within the district.

HB 469. By Representative Thompson of the 20th:
A bill to amend Code Section 19-13-22 of the Official Code of Georgia Annotated, relating to the eligibility of family violence centers for licensing and funding, so as to authorize grants of county and municipal funds to certain family violence centers.

The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Bowen Brannon Broun Burton Clay Collins

Coverdell Dawkins Deal Echols Edge English Engram Fincher Fuller Gillis

Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie

THURSDAY FEBRUARY 16, 1989

787

Newbill Olmstead Parker Peevy Perry
Phillips
Pollard

Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th
Shumake
Starr

Stumbaugh Tate Tavlor ,1 y lurner
Tysinger
Walker

Those not answering were Senators:

Barnes Coleman

Dean Foster

Garner Timmons

Senator Collins of the 17th introduced the chaplain of the day, Reverend Mack Tribble, pastor of the Jackson United Methodist Church, Jackson, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 145. By Senators Langford of the 35th and Albert of the 23rd: A resolution commending the Georgia Beer Wholesalers Association.

SR 146. By Senator Bowen of the 13th: A resolution commending Jarret Lee Watson.

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Thursday, February 16, 1989
TWENTY-SIXTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 295** Newbill, 56th Ragan, 32nd Barnes, 33rd Clay, 37th Engram, 34th Langford, 35th Scott, 36th Shumake, 39th Coverdell, 40th Cobb County Fulton County
To amend an Act incorporating the municipality in Cobb County known as Chattahoochee Plantation, so as to annex to the corporate limits of said city certain territory within Fulton County; to provide for a referendum.

SB 327 Newbill, 56th Ragan, 32nd Barnes, 33rd

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Clay, 37th Cobb County
To change certain costs and the provisions relating to costs in the State Court of Cobb County.
SB 332 Baldwin, 29th Edge, 28th Garner, 30th Coweta Judicial Circuit
To change the supplemental salaries for judges of the Superior Court of the Coweta Judicial Circuit; to provide for the apportionment of such supple ment among the counties in the circuit.
HB 303 Newbill, 56th Engram, 34th Langford, 35th Scott, 36th Shumake, 39th Coverdell, 40th Fulton County
To amend an Act establishing a Municipal Court of the City of Atlanta, so as to revise certain costs and service fees charged by the clerk and marshal of said court.
*HB 652 Garner, 30th Engram, 34th Douglas County
To amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to change the provisions relating to appointment of new members to the water and sewer authority board of directors. (AMENDMENT)
HB 664 Parker, 15th Land, 16th City of Columbus Muscogee County
To establish the commencement date of the terms of office of councilors fol lowing an election for the county-wide government of Columbus.
HB 665 Parker, 15th Land, 16th City of Columbus Muscogee County
To provide for five alternate members of the Personnel Review Board and authorize alternate members to act as regular members under certain circum stances, for the county-wide government of Columbus, Georgia.
THE FOLLOWING OBJECTIONS WERE RECORDED:
SB 295 ** Senators Tate of the 38th, Langford of the 35th and English of the 21st re quested, as provided for in Senate Rule 113, that SB 295 be moved to the Senate Local Contested Calendar, and SB 295 was placed on the Senate Lo cal Contested Calendar for today.

THURSDAY FEBRUARY 16, 1989

789

The amendment to the following bill was put upon its adoption: *HB 652:

The Senate Committee on Urban and County Affairs offered the following amendment:

Amend HB 652 by adding on line 16 of page 3, between the word "large" and the word "and", the following:
", shall be appointed without regard to school districts,".
On the adoption of the amendment, the yeas were 48, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Kennedy Kidd Land Langford Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Barnes Bowen Howard

Johnson McKenzie Ray

Scott of 2nd Timmons

On the passage of all the local bills, the yeas were 48, nays 0.
All the bills on the Senate Local Consent Calendar, except SB 295 and HB 652, having received the requisite constitutional majority, were passed.
HB 652, having received the requisite constitutional majority, was passed as amended.

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JOURNAL OF THE SENATE

SB 295 was moved to the Senate Local Contested Calendar for today.

SENATE LOCAL CONTESTED CALENDAR
Thursday, February 16, 1989
TWENTY-SIXTH LEGISLATIVE DAY
The following local bill of the Senate, having been favorably reported by the committee and moved to the Senate Local Contested Calendar for today pursuant to Senate Rule 113, was put upon its passage:

SB 295. By Senators Newbill of the 56th, Shumake of the 39th, Coverdell of the 40th and others:
A bill to amend an Act incorporating the municipality in Cobb County known as Chattahoochee Plantation, as amended, so as to annex to the corporate limits of said city certain territory within Fulton County; to provide for a referendum.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Kennedy Kidd Land McKenzie

Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Starr Taylor Timmons Turner Tysinger

Those voting in the negative were Senators:

Langford

Tate

Scott of 36th

Walker

Those not voting were Senators:

Howard Johnson

Parker

Stumbaugh

On the passage of the bill, the yeas were 48, nays 4.

The bill, having received the requisite constitutional majority, was passed.

THURSDAY FEBRUARY 16, 1989

791

SENATE RULES CALENDAR
Thursday, February 16, 1989
TWENTY-SIXTH LEGISLATIVE DAY
SB 63 Probation Supervisors--prohibit collecting funds (Substitute) (Corr--30th) SB 211 Pardons and Paroles Board--attorney's representative may appear (Amendment)
(Corr--4th) HB 118 Appropriations, 1988-89--change (Substitute) (Approp--44th) SR 140 Commission on Economy, Efficiency in Government--create (Gov Op--44th) SB 326 Office of Planning and Budget--prepare annual continuation budget report (Gov
Op--44th) HB 474 Retail Purchase, Sale of Certain Tangible Personal Property-tax (Substitute)
(B&F--8th) SB 218 Extortion by Public Office--provide criminal offense (Substitute) (Judy--47th) SB 224 Automobile Insurance Policy--cover damaged safety equipment (Pub S--22nd) SB 291 Billiard Room License, Regulation--repeal authority of local governing authority
(Substitute) (Gov Op--52nd) SB 297 Legislators' Individual Staff Services--records not public (Gov Op--22nd) SB 322 Peace Officer, Prosecutor Training--funding (Pub S--24th) SR 110 Joint Study Committee on Cost Display on State Publications--create
(I&L--45th) SR 116 Public Officials--pardon from certain convictions before eligible (Judy--15th) HB 334 Limited Partnerships--reservations of names (Judy--47th) HB 238 Peace Officer Standards and Training Act--redefine peace officer (Pub S--38th) HB 4 Alcoholic Treatment--change effective date (Hum R--42nd) SB 149 Conviction of Misdemeanor, Felony--inmate transfer (Amendment)
(Corr--13th)
Respectfully submitted, Is/ Nathan Dean of the 31st, Chairman
Senate Rules Committee
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 63. By Senators Garner of the 30th and Kennedy of the 4th: A bill to amend Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, known as the "Uniform Reciprocal Enforcement of Support Act," so as to remove the responsibility for collecting certain civil support payments from the probation department of the court; to amend Code Section 42-8-32 of the Official Code of Georgia Annotated, relating to funds which may be collected by probation supervisors, so as to remove the provision that probation supervisors may collect funds.
The Senate Committee on Corrections offered the following substitute to SB 63:
A BILL
To be entitled an Act to amend Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, known as the "Uniform Reciprocal Enforcement of Support Act," so as to remove the responsibility for collecting certain civil support payments from the proba-

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JOURNAL OF THE SENATE

tion department of the court; to amend Code Section 42-8-32 of the Official Code of Georgia Annotated, relating to funds which may be collected by probation supervisors, so as to re move the provision that probation supervisors may collect funds arising under Article 2 of Chapter 11 of Title 19; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, known as the "Uniform Reciprocal Enforcement of Support Act," is amended by striking paragraph (2) of Code Section 19-11-65, relating to the power of courts to assure compliance with orders, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) To require the respondent to make payments at specified intervals to the depart ment or any county agency designated by the court or to the obligee and to report person ally to the department at such times as may be deemed necessary. Any court hearing a petition which does not have an Office of the Receiver of Child Support as provided in Chapter 15 of Title 15 or other county agency responsible for such collection shall designate the director of the county or district department of family and children services in the county in which the court sits to act as the Office of the Receiver of Child Support officer for the court under this article; and it shall be the duty of the director or his subordinates so to act."
Section 2. Said Article 2 of Chapter 11 of Title 19 is further amended by striking sub section (d) of Code Section 19-11-80, relating to hearings in connection with enforcement orders, in its entirety and substituting in lieu thereof a new subsection (d) to read as follows:
"(d) The court shall be empowered to order payment under the terms of the registered order through the clerk of the superior court, the department or such other collection agency as the court shall designate."
Section 3. Code Section 42-8-32 of the Official Code of Georgia Annotated, relating to funds which may be collected by probation supervisors, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 42-8-32 to read as follows:
"42-8-32. No probation supervisor shall be directed to collect any funds other than funds directed to be paid as the result of a criminal proceeding."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Broun

Burton Clay Coleman Collins Coverdell Dawkins Deal

Dean Echols Edge English Engram Fincher Foster

THURSDAY FEBRUARY 16, 1989

793

Fuller Garner Gillis Hammill Harris Huggins Johnson Kennedy Kidd Land

Langford Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd

Ray Scott of 2nd Scott of 36th Shumake Starr Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Baldwin Howard

McKenzie Stumbaugh

Taylor

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 211. By Senators Kennedy of the 4th and Dawkins of the 45th:
A bill to amend Code Section 42-9-16 of the Official Code of Georgia Annotated, relating to persons permitted to appear or practice before the State Board of Pardons and Paroles, so as to authorize certain persons to serve as representa tives of attorneys in matters before said board.

The Senate Committee on Corrections offered the following amendment:

Amend SB 211 by striking from lines 5 and 6 on page 2 the following: "and not directly by a client or an inmate." and inserting in lieu thereof the following: "or by the client when directed by the attorney."

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Burton Clay Coleman Collins Dawkins Deal

Dean Echols Edge English Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins

Kennedy Kidd Land Langford Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd

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JOURNAL OF THE SENATE

Ray Scott of 2nd Scott of 36th

Starr Taylor Timmons

Turner Tysinger Walker

Those not voting were Senators:

Bowen Coverdell Garner

Johnson McKenzie Shumake

Stumbaugh Tate

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

HB 301. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for spe cial license plates for commemorating colleges or universities; to provide that ap plications for such special license plates shall be made to the commissioner.

The House amendment to the Senate substitute to HB 301 was as follows:

Amend the Senate substitute to HB 301 by inserting on line 10 of page 1 after the word and symbol "plates;" the following:
"to provide for issuance of special plates for firefighters; to provide for fees; to require a minimum number of applications for such plates;".
By inserting between lines 11 and 12 of page 3 the following:
"Section 3. Said chapter is further amended by striking Code Section 40-2-75.1, relating to special license plates for firefighters, in its entirety and inserting in its place a new Code Section 40-2-75.1 to read as follows:
'40-2-75.1. (a) Any resident motor vehicle owners who are firefighters certified pursuant to Article 1 of Chapter 4 of Title 25 and who are members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25 and motor vehicle owners who are certified firefighters of legally organized volunteer fire departments which have been certified pursu ant to Article 2 of Chapter 3 of Title 25 may submit an application to the commissioner for a special and distinctive vehicle license plate identifying the owner as a certified firefighter for a private passenger car or truck used for personal transportation. The commissioner shall retain all applications for such special firefighters' license plates until a minimum of 500 applications have been received. If the commissioner does not receive the required mini mum 500 applications no later than July 31 of the year preceding the year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded to appli cants. Such license plate shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. No firefighter shall be entitled to more than one special and distinctive motor vehi cle license plate. Such license plate shall be inscribed with such letters, numbers, words, symbols, or a combination thereof as determined by the commissioner to identify the owner as a certified firefighter. The chiefs of the various fire departments shall furnish to the com missioner each year prior to the date that license plates are issued a list of the certified firefighters of their fire departments who reside in Georgia.
(b) (1) Upon transfer of the ownership of a private passenger vehicle upon which there

THURSDAY FEBRUARY 16, 1989

795

is a license plate distinctively identifying the owner thereof as a certified firefighter, such plate shall be removed and the authority to use the plate shall thereby be canceled; how ever, after such a transfer of ownership occurs, should the said certified firefighter acquire another motor vehicle, the license plate issued pursuant to this Code section may be trans ferred between vehicles as provided in Code Section 40-2-76.
(2) Should a certified firefighter who has been issued a special and distinctive license plate be separated from his department, the chief of such fire department shall obtain the separated member's license plate at the time of the separation and shall forward same to the commissioner along with a certificate to the effect that such person has been separated, and thereupon the commissioner shall reissue a regular license plate, at no additional charge, to such former certified firefighter to replace the special and distinctive plate. Should a certi fied firefighter return to service with the same or another fire department, the chief of such fire department shall likewise secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has become a member of the fire department, and the effective date thereof, whereupon the commis sioner shall, upon application and upon the payment of a $25.00 manufacturing fee and all other applicable registration and licensing fees at the time of registration, reissue a special and distinctive license plate to such new member to replace the returned regular plate. Upon such request for a change in plate for a certified firefighter who is separated from a fire department, the chief of the fire department shall furnish such member with a copy of his letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate.
(c) The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commissioner. The manufac turing fee for such a special and distinctive license plate shall be $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compli ance in instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable.
(d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-29. It shall be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section.
(e) The provisions of this Code section shall also apply to certified firefighters of volun t2e5e.r'"fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title
By redesignating Sections 3 and 4 as Sections 4 and 5, respectively.
By striking from line 12 of page 3 the following:
"Section 1",
and inserting in lieu thereof the following:
"Sections 1 and 3".

Senator Broun of the 46th moved that the Senate agree to the House amendment to the Senate substitute to HB 301.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Barnes Brannon Broun Burton

Clay Coleman Collins Dawkins

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JOURNAL OF THE SENATE

Deal Dean Echols Edee English ^rFounslglt/eearrm
Hammill Harris Howard Huggins

Johnson Kennedy Kidd
Land Langford
Parker M,N,ecwKb,ei.nU,,zie
peevy Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th SS,htaurmr ake
Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Coverdell Fincher

Garner Olmstead

Stumbaugh Tate

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 301.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 118. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19881989 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1988-1989.
Senate Sponsor: Senator Starr of the 44th.

The Senate Committee on Appropriations offered the following substitute to HB 118:

A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1988-1989 known as the "General Appropriations Act", approved April 14, 1988 (Ga. L. 1988, p. 1998), so as to change certain appropriations for the State Fiscal Year 1988-1989; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1988-1989, as amended, known as the "General Appropriations Act" approved April 14, 1988 (Ga. L. 1988, p. 1998), is further amended by striking everything following the enacting clause through Section 77, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1988, and ending June 30, 1989, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $6,254,000,000 for State Fiscal Year 1989.
PART I.
LEGISLATIVE BRANCH

THURSDAY FEBRUARY 16, 1989

797

Section 1. Legislative Branch. Budget Unit: Legislative Branch. ................ Personal Services--Staff ...................... Personal Services--Elected Officials ............ Regular Operating Expenses................... Travel--Staff ................................ Travel--Elected Officials ...................... Motor Vehicle Purchases...................... Equipment .................................. Computer Charges ........................... Real Estate Rentals .......................... Telecommunications .......................... Per Diem, Fees and Contracts--Staff .......... Per Diem, Fees and Contracts--Elected Officials Photography................................. Expense Reimbursement Account.............. Capital Outlay ............................... Total Funds Budgeted ........................ State Funds Budgeted ........................

$20,923,966 $9,848,300 $3,177,901 $2,388,972 . . . . $118,800 ...... $6,000 .... $--0--
. . . . $355,000 .... $415,500 .... $63,700 . . . . $638,000 ... $369,732 . $2,320,261 ..... $68,000 . $1,153,800 ..... $--0--
$20,923,966 $20,923,966

Senate Functional Budgets

Senate and Research Office Lt. Governor's Office Secretary of the
Senate's Office Total

Total Funds

$ 3,965,981

$

543,772

$

995,200

$ 5,504,953

State Funds 3,965,981 543,772
995,200 5,504,953

House Functional Budgets

House of Representatives and Research Office
Speaker of the House's Office
Clerk of the House's Office
Total

Total Funds
8,114,718
377,961 1,098,710 9,591,389

State Funds

$ 8,114,718

$

377,961

$ 1,098,710

$ 9,591,389

Joint Functional Budgets

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

Total Funds 2,058,843 1,863,793 786,990 1,117,998 5,827,624

State Funds 2,058,843 1,863,793 786,990 1,117,998 5,827,624

For compensation, expenses, mileage, allowances, travel and benefits for members, offi cials, committees and employees of the General Assembly and each House thereof; for oper ating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legisla tures and the National Conference of Insurance Legislators and other legislative organiza tions, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Commit-

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JOURNAL OF THE SENATE

tee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legisla tive Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Ana lyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legis lative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Com mittee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropri ated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.
Section 2. Department of Audits. Budget Unit: Department of Audits ................................ $12,596,408 Operations Budget: Personal Services................................................ $10,381,288 Regular Operating Expenses......................................... $364,220 Travel ............................................................ $813,972 Motor Vehicle Purchases.......................... $172,500 Equipment ......................................................... $24,900 Per Diem, Fees and Contracts ........................................ $50,888 Real Estate Rentals ................................................ $336,140 Computer Charges ................................................. $396,800 Telecommunications ................................................. $55,700 Total Funds Budgeted ........................................... $12,596,408 State Funds Budgeted ........................................... $12,596,408
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court. ....................................... $3,900,608
Section 4. Court of Appeals. Budget Unit: Court of Appeals ...................................... $4,504,874
Section 5. Superior Courts. Budget Unit: Superior Courts ...................................... $36,840,463 Operation of the Courts ......................................... $35,115,808 Prosecuting Attorneys' Council ...................................... $747,652 Sentence Review Panel ............................................. $119,600 Council of Superior Court Judges ..................................... $73,435 Judicial Administrative Districts ..................................... $768,968 Habeas Corpus Clerk ................................................ $15,000

THURSDAY FEBRUARY 16, 1989
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts
Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education . Institute's Operations............................... Georgia Magistrate Courts Training Council ..........
Section 8. Judicial Council. Budget Unit: Judicial Council.................... Council Operations ............................ Payments to Judicial Administrative Districts for Case Counting .............................. Board of Court Reporting ...................... Payment to Council for Magistrate Court Judges. Payment to Council for Probate Court Judges . . Payment to Council for State Court Judges...... Payment to Resource Center ................... Payment to Computerized Information Network
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission . .
PART III.
EXECUTIVE BRANCH
Section 10. Department of Administrative Services. A. Budget Unit: Department of
Administrative Services....................... Administration and Services Budget:
Personal Services. ............................. Regular Operating Expenses.................... Travel ....................................... Motor Vehicle Purchases....................... Equipment ................................... Computer Charges ............................ Real Estate Rentals ........................... Telecommunications ........................... Per Diem, Fees and Contracts .................. Rents and Maintenance Expense ............... Utilities ...................................... Payments to DOAS Fiscal Administration ....... Direct Payments to Georgia Building
Authority for Capital Outlay ................. Direct Payments to Georgia Building
Authority for Operations ..................... Telephone Billings ............................ Materials for Resale ........................... Public Safety Officers Indemnity Fund .......... Health Planning Review Board Operations ...... Georgia Golf Hall of Fame Operations .......... Authorities Liability Reserve Fund.............. Grants to Counties ............................ Grants to Municipalities ....................... Total Funds Budgeted ......................... State Funds Budgeted .........................

799
$348,408
$550,368 $425,506 . $124,862
$1,509,673 $665,088
$71,000 . . $28,575 . . $26,000
$20,000 . $10,000 . $150,000 $539,010
$109,310
. $39,652,220
. $42,591,314 . . $9,717,316 . . . . $335,449 . . . . $430,700 . . $4,215,479 . . $8,833,624 . $3,288,851 . . . . $897,578 . . . . $633,762 . $15,966,243 . . . . . $42,635 . . $1,957,232
..... $--0--
..... $--0-- $34,165,279 $11,650,000
.... $608,800 ... $50,000 ... $30,000
..... $--0-- .. $2,600,000 . $4,200,000 $142,214,262 . $39,652,220

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JOURNAL OF THE SENATE

Department of Administrative Services Functional Budgets

State Properties Commission Departmental Administration Treasury and Fiscal
Administration Central Supply
Administration Procurement Administration General Services
Administration Space Management
Administration Data Processing Servic:es Motor Vehicle Services Communication ServicIeBsS Printing Services Surplus Property Services Mail and Courier Serv'ices Risk Management Services Total

Total Funds

$

377,280

$ 2,314,218

$ 16,880,785

12,128,279 2,734,176

657,217

$

521,873

$ 50,545,599

$ 3,844,853

$ 42,710,204

$ 5,574,379

$ 1,564,315

$

683,247

$ 1,677,837

$ 142,214,262

State Funds

$

377,280

$ 2,285,287

$ 14,828,637

$

--0--

$ 2,734,176

$

$

521,873

$ 12,924,967

$

-- 0--

$ 5,850,000

$

130,000

$

-- 0--

$

-- 0--

$

-- 0--

$ 39,652,220

Georgia Building Authority g Authority Budget: Personal Services ........................ Regular Op iting Expenses .............. Travel Motor Vehi s Purchases .... Equipment Computer ( arges ...................... Real Estate .entals ..................... Telecommu :ations ..................... Per Diem, '. 3s and Contracts ............ Capital Outlayy .......................... Utilities . Contractu Expense .................... Fuel Facilities ovations and Repairs . Total Fur Budgeted ................... State Fur Budgeted ...................

........ $--0--
$18,324,000 . $4,729,200 ........ $21,100 ........ $76,800 ....... $129,700 ........ $51,000 ........ $10,800 ....... $111,100 ....... $154,000 ........ $--0--
$8,488,000 ....... $190,000 ........ $--0--
........ $--0-- . . . . $32,285,700 ........ $--0--

Georgia Building Authority Functional Budgets

Grounds Custodial Maintenance Security Van Pool Sales

Total Funds

$ 1,922,900

$ 4,737,600

$ 4,880,800

$ 4,642,800

$

199,100

$ 4,343,500

State Funds

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

THURSDAY FEBRUARY 16, 1989

801

Administration Railroad Excursions Facility Renovations Total

10,961,100 597,900 --0--
32,285,700

C. Budget Unit: Agency for the Removal of Hazardous Materials.......... $250,000 Operations Budget: Personal Services................................................. $4,500,000 Regular Operating Expenses....................................... $3,996,000 Travel .......................................................... $1,500,000 Motor Vehicle Purchases............................................ $175,000 Equipment ........................................................ $700,000 Computer Charges .................................................. $--0-- Real Estate Rentals ................................................. $--0-- Telecommunications ................................................. $20,000 Per Diem, Fees and Contracts ....................................... $800,000 Capital Outlay ...................................................... $--0-- Utilities ............................................................ $--0-- Total Funds Budgeted ........................................... $11,691,000 State Funds Budgeted .............................................. $250,000

Section 11. Department of Agriculture. A. Budget Unit: Department of Agriculture .......................... $32,448,217
State Operations Budget: Personal Services................................................ $28,055,956 Regular Operating Expenses....................................... $3,355,998 Travel ............................................................ $877,000 Motor Vehicle Purchases............................................ $513,604 Equipment ........................................................ $396,114 Computer Charges ................................................. $317,928 Real Estate Rentals ................................................ $850,963 Telecommunications ................................................ $390,374 Per Diem, Fees and Contracts ....................................... $330,754 Market Bulletin Postage ............................................ $600,000
Payments to Athens and Tifton Veterinary Laboratories ......................................... $2,124,650
Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro ............................... $1,662,832
Veterinary Fees .................................................... $547,000 Indemnities......................................................... $91,000 Bee Indemnities. .................................................... $75,000 Advertising Contract ............................................... $205,000
Payments to Georgia Agrirama Development Authority for Operations ............................. $526,600
Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets ......................................... $75,000
Capital Outlay ...................................................... $--0-- Contract--Federation of
Southern Cooperatives ............................................. $60,000 Tick Control Program ............................................... $50,000 Poultry Indemnities ................................................ $100,000 Total Funds Budgeted ........................................... $41,205,773 State Funds Budgeted ........................................... $32,448,217

802

JOURNAL OF THE SENATE

Department of Agriculture Functional Budgets

Total Funds

Plant Industry

$ 4,304,536

Animal Industry Marketing

$ 6,398,502 $ 1,766,211

General Field Forces

$ 3,628,428

Internal Administratiion

$ 4,363,030

Information and Eduiccation

$ 1,405,150

Fuel and Measures

$ 3,012,727

Consumer Protectioni Field Forces

$ 5,925,309

Meat Inspection

$ 4,107,818

Major Markets

$ 4,006,733

Seed Technology

$

364,797

Entomology and Pesticides Total

$ 1,922,532 $ 41,205,773

State Funds $ 3,839,911 $ 6,026,778 $ 1,721,957 $ 3,628,428 $ 4,285,030 $ 1,405,150 $ 3,004,727

$ 4,567,704

$ 1,611,752

$

534,248

$

--0--

$ 1,822,532

$ 32,448,217

;: Georgia Agrirama Development Authority ... ima Development Authority Budget: vices ..................... rating Expenses ........... Travel Motor Vehi :le Purchases .............. Equipment Computer ( barges ................... Real Estate Rentals .................. Telecommu lications .................. Per Diem, '. ees and Contracts Capital Outl.aay ....................... Goods for Resale ..................... Budgeted ................ Budgeted ................

......... $--0--
......... $557,000 ... $143,305
.......... $7,250 .......... $--0-- .......... $28,466 ......... $--0-- .......... $--0--
...... $9,000 ......... $75,731 ......... $246,000 .......... $98,280 ....... $1,165,032 .......... $--0--

Section 12. Department of Banking and Finance. Budget Unit: Department of Banking and Finance Administration and Examination Budget: Personal Services.............................. Regular Operating Expenses.................... Travel ....................................... Motor Vehicle Purchases...................... Equipment ................................... Computer Charges ............................ Real Estate Rentals .......................... Telecommunications .......................... Per Diem, Fees and Contracts .................. Total Funds Budgeted........................ State Funds Budgeted ........................

$5,733,574
$4,794,975 . . $220,511 . $321,198
. . . $--0--
$24,305 . . $122,402
$184,272 . . . $63,911
$2,000 $5,733,574 $5,733,574

Section 13. Department of Community Affairs. Budget Unit: Department of Community Affairs State Operations Budget: Personal Services............................. Regular Operating Expenses...................

$8,372,056
$4,803,291 . $243,346

THURSDAY FEBRUARY 16, 1989

803

Travel ..................................................... Motor Vehicle Purchases..................................... Equipment ................................................. Computer Charges .......................................... Real Estate Rentals ......................................... Telecommunications ......................................... Per Diem, Fees and Contracts ................................ Capital Felony Expenses ..................................... Contracts with Area Planning
and Development Commissions ............................. Local Assistance Grants ..................................... Appalachian Regional Commission Assessment ................. Community Development Block Grants (Federal) .............. Juvenile Justice Grants (Federal) ............................. Grant--Richmond County ................................... Special Investment Grant .................................... Payment to Georgia Residential Finance Authority ............. Payment to Georgia Environmental Facilities
Authority for Operations ................................... Total Funds Budgeted ....................................... State Funds Budgeted .......................................
Department of Community Affairs Functional Budgets

Executive and Administrative Technical Assistance Community and Economic
Development Intergovernmental Assistance Office of Rural Development Total

Total Funds 4,086,459 1,394,920
32,856,144 1,086,214 273,639 39,697,376

Section 14. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation
Personal Services. .................................... Regular Operating Expenses........................... Travel .............................................. Motor Vehicle Purchases.............................. Equipment .......................................... Computer Charges ................................... Real Estate Rentals .................................. Telecommunications .................................. Per Diem, Fees and Contracts ......................... Capital Outlay ....................................... Utilities ............................................. Court Costs.......................................... County Subsidy ...................................... County Subsidy for Jails .............................. County Workcamp Construction Grants ................ Grants for Local Jails ................................ Central Repair Fund ................................. Payments to Central State
Hospital for Meals ................................. Payments to Central State
Hospital for Utilities ...............................

. . . $177,884 $8,200
. . . . $24,009 $45,615
. . $398,192 $62,998
. . $123,132 $327,919
$1,400,000 . $310,000 ... $99,800 $30,000,000 .... $--0-- .... $--0-- . . $650,000
$600,000
$422,990 $39,697,376 . $8,372,056
State Funds
4,063,959
1,209,614
1,904,676
920,168
273,639
8,372,056
$306,295,275 $222,451,418 $24,503,025 . $1,330,530
$1,432,000 . $4,867,492 . . . . $869,450
$2,920,461 . . $2,264,367
$1,687,805 . . . . $730,000 . . $8,479,215 ... $445,000
$11,110,000 . $8,500,000
$1,250,000 . . . . . $20,000
$682,000
. $3,199,945
. . $1,429,703

804

JOURNAL OF THE SENATE

Payments to Public Safety for Meals.......................................
Inmate Release Fund .............................. Health Services Purchases ......................... Payments to MAG for Health
Care Certification ............................... University of Georgia--
Cooperative Extension Service Contracts .......... Minor Construction Fund .......................... Authority Lease Rentals ........................... Total Funds Budgeted ............................. Indirect DOAS Funding ........................... Georgia Correctional Industries ..................... State Funds Budgeted .............................

Departmental Functional Budgets

Total Funds

Administration

37,914,661

Institutions and Support

222,462,676

Probation

53,459,147

Total

313,836,484

B. Budget Unit: Board of Pardons and Paroles Board of Pardons and Paroles Budget: Personal Services.......................... Regular Operating Expenses............... Travel .................................. Motor Vehicle Purchases. .................. Equipment .............................. Computer Charges ....................... Real Estate Rentals ...................... Telecommunications ...................... Per Diem, Fees and Contracts ............. County Jail Subsidy ...................... Total Funds Budgeted .................... State Funds Budgeted ....................

Section 15. Department of Defense. Budget Unit: Department of Defense ........ Operations Budget: Personal Services. ........................ Regular Operating Expenses............... Travel .................................. Motor Vehicle Purchases.................. Equipment .............................. Computer Charges ....................... Real Estate Rentals ...................... Telecommunications ...................... Per Diem, Fees and Contracts ............. Grants to Locals--Emergency Management Assistance................. Grants--Others .......................... Georgia Military Institute Grant........... Civil Air Patrol Contract ................. Capital Outlay ........................... Grants to Armories.......................

. . $315,196 . $1,100,000 $12,969,341
$48,946
. $289,190 . . $741,400 . $200,000 $313,836,484
. $450,000 ..... $--0-- $306,295,275
State Funds
37,354,661
221,220,879
47,719,735
306,295,275
$19,708,192
. $16,297,840 ... $483,309 . . . . $435,951 . . . . $124,500 . . . . $148,304 . . $126,706
$1,115,131 . $397,469 .... $275,454 $550,000 $19,954,664 . $19,708,192
$4,863,042
. . $7,423,010 $3,720,608
. . . . . $66,382 . . . . . $27,200 ... $50,725
... $13,830 ...... $7,800
$132,596 ... $183,500
$1,050,000 ..... $44,100
$18,000 . $42,000 . . . . . $--0-- ..... $63,160

THURSDAY FEBRUARY 16, 1989

805

Repairs and Renovations............................................ $325,125 Total Funds Budgeted ........................................... $13,168,036 State Funds Budgeted ............................................ $4,863,042

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General

$ 2,364,010 $ 1,241,750

Georgia Emergency Management Agency

$ 1,959,677 $

903,813

Georgia Air National Guard

$ 3,336,041 $

462,047

Georgia Army National Guard

$ 5,508,308 $ 2,255,432

Total

$ 13,168,036 $ 4,863,042

Section 16. State Board of Education--Department of Education. Budget Unit: Department of Education ........................... $2,383,011,474 Operations: Personal Services................................................ $39,101,937 Regular Operating Expenses....................................... $4,698,871 Travel .......................................................... $1,700,044 Motor Vehicle Purchases............................................. $96,590 Equipment ........................................................ $546,391 Computer Charges ............................................... $9,276,774 Real Estate Rentals .............................................. $2,190,848 Telecommunications ................................................ $723,781 Per Diem, Fees and Contracts .................................... $17,393,447 Utilities ........................................................... $851,720 Capital Outlay ..................................................... $210,000
QBE Formula Grants: Kindergarten/Grades 1--3 ...................................... $612,236,416 Grades 4--8 ................................................... $502,854,873 Grades 9--12 .................................................. $253,020,871 High School Laboratories ........................................ $75,173,824 Vocational Education Laboratories ................................ $82,875,796 Special Education .............................................. $171,399,805 Gifted.......................................................... $18,976,960 Remedial Education ............................................. $28,422,940 Staff Development ............................................... $6,221,516 Professional Development........................................ $14,645,867 Media.......................................................... $83,370,542 Indirect Cost .................................................. $446,973,429 Pupil Transportation ........................................... $106,375,602 Isolated Schools.................................................... $992,440 Mid-Term Adjustment........................................... $41,942,194 Local Fair Share .............................................. $(430,108,768)
Other Categorical Grants: Equalization Formula........................................... $114,111,755 Sparsity Grants .................................................. $1,500,000 In School Suspension ................................................ $--0-- Special Instructional Assistance.................................... $1,000,000 Middle School Incentive ......................................... $13,298,790 Special Education LowIncidence Grants ................................................. $100,000
Non-QBE Grants: Education of Children of LowIncome Families .............................................. $86,908,735

806

JOURNAL OF THE SENATE

Retirement (H.B. 272 and H.B. 1321) ................
Instructional Services for the Handicapped ........................
Removal of Architectural Barriers ................................
Tuition for the Multi-Handicapped......................
Severely Emotionally Disturbed ......... School Lunch (Federal) .................... School Lunch (State) ...................... Supervision and Assessment of
Students and Beginning Teachers and Performance-Based Certification .......... Regional Education Service Agencies ........................ Georgia Learning Resources System......... High School Program ...................... Special Education in State Institutions ....................... Governor's Scholarships.................... Special Projects ........................... Job Training Partnership Act .............. Vocational Research and Curriculum ........ Salaries and Travel of Public Librarians ...................... Public Library Materials ................... Talking Book Centers ..................... Public Library M&O.................. Grants to Local School Systems for Educational Purposes ............... Child Care Lunch Program (Federal) ....... Chapter II--Block Grant Flow Through .......................... Payment of Federal Funds to Postsecondary Vocational Education ...... Innovative Programs. ...................... Technology Grants ........................ Limited English-Speaking Students Program ....................... Drug Free School (Federal) ................ Transition Program for Refugees ........... Emergency Immigrant Education Program. . . Robert C. Byrd Scholarship (Federal) ....... Total Funds Budgeted .................... Indirect DOAS Services Funding .......... State Funds Budgeted .....................

Education Functional Budgets

Total Funds

State Administration

$ 4,047,732

Instructional Programs

$ 16,209,683

Governor's Honors Program

$ 1,040,401

Administrative Services

$ 20,055,464

. $1,950,000
. $29,455,844
$888,439
. $2,102,000 $31,942,336 $127,921,445 $22,666,600
. $5,895,946
. $6,137,565 $2,991,722
. $17,905,323
$2,830,345 $1,269,600 . $82,000 $3,084,680 . $366,540
. $9,061,589 . $4,498,850 . $767,632 . $3,638,259
$78,000,000 $16,728,325
. $8,702,655
$14,218,609 . . $670,500
. $850,000
.... $1,250,000 . . $3,541,023 ...... $110,450 .... $61,547 ...... $152,500 . $2,708,826,314 .... $340,000 . $2,383,011,474

State Funds

$ 3,578,218

$ 8,968,243

$

978,945

$ 14,502,123

THURSDAY FEBRUARY 16, 1989

807

Evaluation and Personnel Development
Special Services
Professional Standards Commission
Professional Practices Commission
Local Programs
Georgia Academy for the Blind
Georgia School for the Deaf
Atlanta Area School for the Deaf
Total

$ 15,004,976 $ 4,024,159

$

258,975

$

540,693

$ 2,632,035,911

$ 4,202,888 $ 6,601,224

$ 4,804,208 $ 2,708,826,314

Section 17. Employees' Retirement System.

Budget Unit: Employees' Retirement System

Employees' Retirement System Budget:

Personal Services........................

Regular Operating Expenses..............

Travel .................................

Motor Vehicle Purchases.................

Equipment .............................

Computer Charges ......................

Real Estate Rentals .....................

Telecommunications .....................

Per Diem, Fees and Contracts ............

Benefits to Retirees .....................

Employer Contribution ..................

Total Funds Budgeted

..........

State Funds Budgeted ...................

Section 18. Forestry Commission. Budget Unit: Forestry Commission ......... State Operations Budget: Personal Services........................ Regular Operating Expenses.............. Travel ................................. Motor Vehicle Purchases................. Equipment ............................. Computer Charges ...................... Real Estate Rentals ..................... Telecommunications ..................... Per Diem, Fees and Contracts ............ Contractual Research .................... Payments to the University of Georgia, School of Forestry for Forest Research . Ware County Grant for Southern Forest World ......................... Ware County Grant for Road Maintenance .......................... Wood Energy Program .................. Capital Outlay .......................... Total Funds Budgeted ................... State Funds Budgeted ...................

$ 14,374,372 $ 2,569,964

$

258,975

$

540,693

$ 2,322,407,356

$ 3,994,540 $ 6,399,680

$ 4,438,365 $ 2,383,011,474

........ $--0--
... $918,040 ...... $107,560 ......... $7,500 ........ $--0-- ....... $5,400 ....... $280,000 ....... $121,500 ........ $27,000 ....... $657,700 ........ $--0-- ........ $--0-- .... $2,124,700 ........ $--0--

. . . . $31,950,958
.... $26,727,598 .... $6,712,733 ....... $157,298 .... $1,259,133 ..... $2,335,896 ....... $115,305
... $39,694 ...... $871,599
..... $490,347 ........ $250,000
........ $300,000
......... $30,000
......... $60,000 ......... $28,000 ......... $40,000
$39,417,603 ... $31,950,958

808

JOURNAL OF THE SENATE

Forestry Commission Functional Budgets

Reforestation Field Services Wood Energy General Administration
and Support Total

Total Funds

$ 5,118,743

$ 31,826,519

$

28,0000

$ 2,444,341 39,417,603

Section 19. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation Operations Budget: Personal Services......................... Regular Operating Expenses............... Travel .................................. Motor Vehicle Purchases.................. Equipment .............................. Computer Charges ....................... Real Estate Rentals ...................... Telecommunications ...................... Per Diem, Fees and Contracts ............. Evidence Purchased ...................... Capital Outlay ........................... Total Funds Budgeted .................... Total State Funds Budgeted ..............
Georgia Bureau of Investigation Functional Budgets

Administration Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences Total

3tal Funds 3,010,351 6,179,823 10,114,066
6,029,284 5,927,713 31,261,237

Section 20. Office of the Governor. Budget Unit: Office of the Governor . Personal Services.................. Regular Operating Expenses........ Travel ........................... Motor Vehicle Purchases...........
Equipment ....................... Computer Charges ................ Real Estate Rentals .............. Telecommunications ............... Per Diem, Fees and Contracts Cost of Operations ................ Mansion Allowance ................ Governor's Emergency Fund ....... Intern Stipends and Travel ....... Art Grants of State Funds ........ Art Grants of Non-State Funds. . . .

State Funds 585,291
28,900,326 28,000
2,437,341 31,950,958
. $31,261,237
$22,789,687 $2,268,866 . $600,075 . . . $466,800
$546,894 . . . $584,085 . $1,779,565 . $1,683,765 .... $42,500
$479,000 $20,000 $31,261,237 $31,261,237
State Funds
$ 3,010,351 $ 6,179,823 $ 10,114,066
$ 6,029,284 $ 5,927,713 $ 31,261,237
$19,197,193 $8,805,813 . . . . $451,250 . . $188,300 . . . . . $--0-- . . . . . $61,734 . . . . $148,400 ... $643,014 . . . . $211,480 . $48,734,896 . . $2,790,542 . . . . . $40,000 . . $2,500,000 . . . . $158,000 . $2,750,000 ... $345,006

THURSDAY FEBRUARY 16, 1989

809

Humanities Grant--State Funds Art Acquisitions--State Funds ..... Children's Trust Fund Grants ...... Children and Youth Grants ......... Payments to Hazardous Waste
Management Authority ........... Total Funds Budgeted .............. State Funds Budgeted ..............

Office of the Governor Functional Budgets

Total Funds

Governor's Office

$ 5,488,542

Office of Fair Employment Practices

807,449

Office of Planning and Budget
Council for the Arts

4,447,197 3,786,261

Office of Consumer Affairs

1,994,660

State Energy Office

47,757,592

Vocational Education Advisory Council

288,447

Office of Consumers' Utility Council

651,987

Criminal Justice Coordinating Council

656,436

Juvenile Justice Coordinating Council

1,409,005

Commission on Children and Youth

1,153,325

Growth Strategies Commission

277,625

Human Relations Commission

112,370

Total

68,830,896

Section 21. Department of Human Resources. A. Budget Unit: Departmental Operations........
1. General Administration and Support Budget: Personal Services............................ Regular Operating Expenses.................. Travel ..................................... Motor Vehicle Purchases..................... Equipment ................................. Computer Charges .......................... Real Estate Rentals ......................... Telecommunications ......................... Per Diem, Fees and Contracts ................ Utilities .................................... Postage .................................... Capital Outlay .............................. Institutional Repairs and Maintenance ....... Payments to DMA--Community Care ..... Service Benefits for Children ................. Special Purpose Contracts ..................

. $50,000 $40,000 $662,461 . . $100,000
. . . $150,000 $68,830,896 $19,197,193

State Funds $ 5,488,542

$

739,236

$ 4,307,197

$ 3,248,016

$ 1,994,660

$

341,127

$

133,447

$

651,987

$

410,656

$

339,005

$ 1,153,325

$

277,625

$

112,370

$ 19,197,193

. $434,440,152
. . . . $51,698,977 . . $2,603,042 ..... $1,411,426 ........ $--0-- ...... $403,802 ..... $2,751,646 .... $5,048,438 . . . . . $1,065,557 ... $2,507,806 ...... $299,074 ....... $992,468 ........ $--0-- ......... $4,000 ..... $8,108,680 . . . . $10,761,878 ....... $236,000

810

JOURNAL OF THE SENATE

Purchase of Service Contracts Total Funds Budgeted............. Indirect DOAS Services Funding . . . State Funds Budgeted .............

$35,342,499 $123,235,296 . . . . $638,300 . $55,903,995

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office Administrative Appeals

$

786,467 $

786,467

$ 1,222,147 $ 1,222,147

Administrative Policy, Coordination, and Direction

$

310,462 $

310,462

Personnel Indirect Cost

$ 1,676,691 $ 1,632,736

$

--0-- $ (5,090,942)

Facilities Management Public Affairs Community/
Intergovernmental Affairs Budget Administration Financial Services Auditing Services Special Projects Office of
Children and Youth Planning Councils Community Services
Block Grant Regulatory Services--
Program Direction and Support Child Care Licensing Laboratory Improvement

$ 4,938,930 $ 3,444,691

$

529,285 $

529,285

$

509,212 $

509,212

$ 1,650,435 $ 1,650,435

$ 5,161,837 $ 4,961,837

$ 2,045,111 $ 2,045,111

$

516,000 $

516,000

$ 10,761,878 $ 10,245,359

$

479,385 $

142,505

$ 9,341,668 $

$

677,213 $

677,213

$ 2,413,625 $ 2,403,625

$

805,153 $

578,992

Health Care Facilities Regulation
Compliance Monitoring

$ 3,414,749 $

$

402,997 $

964,243 402,997

Radiological Health

$

802,603 $

599,959

Fraud and Abuse Child Support Recovery

$ 5,521,776 $ $ 21,156,778 $

273,214 2,754,503

Support Services

$ 9,493,933 $ 9,281,333

Aging Services
State Health Planning and Development Agency

$ 37,305,223 $ 13,805,873 $ 1,311,738 $ 1,256,738

Total 2. Public Health Budget: Personal Services........... Regular Operating Expenses. Travel .................... Motor Vehicle Purchases.... Equipment ................ Computer Charges .........

$ 123,235,296

$ 55,903,995
$44,656,998 $53,736,162 . $1,204,223 .... $--0-- . . . $428,166
. $620,183

THURSDAY FEBRUARY 16, 1989

811

Real Estate Rentals .....................

Telecommunications .....................

Per Diem, Fees and Contracts ............

Utilities ............................

Postage ................................

Crippled Children Clinics ................

Grants for Regional

Intensive Infant Care ..................

Grants for Regional

Maternal and Infant Care ..............

Midwifery Program Benefits..............

Crippled Children Benefits ...............

Kidney Disease Benefits ............

Cancer Control Benefits .................

Benefits for Medically Indigent High-Risk

Pregnant Women and Their Infants ...

Family Planning Benefits ................

Grant-In-Aid to Counties ................

Purchase of Service Contracts ............

Special Purpose Contracts ...............

Total Funds Budgeted ..................

Indirect DOAS Services Funding

....

State Funds Budgeted ...................

Public Health Functional Budgets

Total Funds

Director's Office

$

777,061

Employees' Health

$

339,799

Health Program Management

$ 1,282,294

Vital Records

$ 1,752,930

Health Services Research Primary Health Care

$

692,918

$

753,832

Stroke and Heart Attack Prevention

1,860,754

Epidemiology

1,788,060

Immunization

562,672

Sexually Transmitted Diseases

1,528,042

Community Tuberculosis Center

1,399,897

Family Health Management

11,112,501

Infant and Child Health Maternal Health--Perinatal

9,392,795 2,293,070

Family Planning

10,495,104

Malnutrition Dental Health

54,959,983 1,690,894

Children's Medical Services Chronic Disease Diabetes

11,899,431 1,385,564
664,206

Cancer Control

3,650,992

. . $778,216 . $650,571 $3,350,858 ... $--0-- . . . $95,556 . $623,632
$4,936,795
$2,055,000 $2,068,464 $7,456,223 . . $400,000 $2,650,000
. $4,050,421 . $302,000 $62,677,766 $10,706,055 . . $6,360,000 $209,807,289 .... $549,718 $123,151,841

State Funds 579,836 299,799
1,197,294 1,617,001
470,100 691,744

$ 1,444,504

$

775,017

$

$

306,002

1,399,897 5,378,629 9,201,585
847,137 5,741,660
--0--
1,480,719 9,687,488 1,385,564
664,206 3,595,345

812

JOURNAL OF THE SENATE

Environmental Health

$

846,992

Laboratory Services

$ 5,023,959

Emergency Health

$ 2,850,196

District Health Administration

$ 10,172,179

Newborn Follow-Up Care

$

869,524

Sickle Cell, Vision and Hearing

$ 3,055,547

High-Risk Pregnant Women and Infants

$ 6,594,224

Grant in Aid to Counties

$ 53,595,372

Community Health Management

$

460,207

Community Care

$ 2,957,876

Aids

$ 3,098,414

Total

$ 209,807,289

3. Rehabilitation Services Budget:

Personal Services .......................

Regular Operating Expenses .............

Travel ................................

Motor Vehicle Purchases ................

Equipment ............................

Computer Charges .....................

Real Estate Rentals ....................

Telecommunications ....................

Per Diem, Fees and Contracts ...

Utilities ...............................

Capital Outlay .........................

Postage ...............................

Institutional Repairs and Maintenance .

Case Services ..........................

E.S.R.P. Case Services ..................

Special Purpose Contracts ..............

Purchase of Services Contracts ..........

Total Funds Budgeted ..................

Indirect DOAS Services Funding ........

State Funds Budgeted ..................

Rehabilitation Services Functional Budgets

Total Funds

Program Direction and Support
Grants Management
State Rehabilitation Facilities
Roosevelt Warm Springs Institute
Georgia Factory for the Blind
Disability Adjudication
Production Workshop

$ 3,859,180

$

680,089

$ 7,796,577

$ 17,137,188

$ 12,598,968

$ 22,278,407

$

962,248

$

461,663

$ 4,903,959

$ 1,789,696

$ 10,042,504

$

686,574

$ 2,604,595

$ 6,594,224

$ 46,715,239

$

359,633

$ 1,165,086

$ 1,065,141

$ 123,151,841

.... $62,014,634 ...... $9,522,121 ........ $801,663
$264,500 ......... $433,914 ...... $1,673,520 ...... $2,676,949 ....... $1,402,301 ...... $4,452,190 ......... $943,324 ......... $--0-- ......... $335,300 ......... $165,000 ...... $15,634,998 .......... $50,000
$509,100 ....... $6,321,672 . . . . . $107,201,186
....... $100,000 $22,226.770

State Funds

$ 1,348,005

$

547,225

$ 1,547,498

$ 4,181,126

$

606,252

$

-- 0--

$

-- 0--

THURSDAY FEBRUARY 16, 1989

813

District Field Services

$ 34,448,934

Independent Living

$

495,367

Sheltered Employment

$ 1,414,072

Community Facilities

$ 5,120,256

Bobby Dodd Workshop

$

409,900

Total 4. Family and Children Services Budget: Personal Services ....................... Regular Operating Expenses ............. Travel ................................ Motor Vehicle Purchases ................ Equipment ............................ Computer Charges ..................... Real Estate Rentals .................... Telecommunications .................... Per Diem, Fees and Contracts ........... Utilities .............................. Postage .............................. Cash Benefits ......................... Grants to County DFACS--Operations . . Service Benefits for Children ........... Special Purpose Contracts ............. Purchase of Service Contracts .......... Total Funds Budgeted ................. Indirect DOAS Services Funding ..... State Funds Budgeted .................

$ 107,201,186

Family and Children Services Functional Budgets

Total Funds

Refugee Benefits

$ 1,328,582

AFDC Payments

$ 276,106,059

SSI--Supplemental Benefits

$

100

Energy Benefits

$ 12,978,058

County DFACS OperationsSocial Services

$ 48,054,191

County DFACS OperationsEligibility
County DFACS OperationsJoint and Administration

$ 76,878,122 $ 45,284,352

County DFACS Operations-- Homemakers Services

$ 6,636,080

Food Stamp Issuance

$ 2,427,000

Director's Office

$

872,594

Administrative Support Regional Administration

$ 4,087,055 $ 3,866,113

Public Assistance

$ 4,768,838

Management Information Systems

$ 18,133,782

Social Services

$ 2,271,438

Indirect Cost

$

-- 0--

$ 7,453,796

$

286,724

$

725,988

$ 5,120,256

$

409,900

$ 22,226,770

... $13,971,775 $1,401,440
....... $397,600 ....... $10,400 ........ $73,975 . . . . $15,708,002 ....... $216,243 ....... $907,120 . . . . . $4,996,424 ......... $9,100 ... $1,371,985 . . $289,558,799 . . . $178,551,696
$45,707,516 . . . . . $3,416,730 ... $2,225,484 . . $558,524,289
$2,339,882 . . . $233,157,546

State Funds

$

-- 0--

$ 102,035,261

$

100

$

-- 0--

$ 8,167,368

$ 38,439,061

$ 21,235,662

$ 6,636,080

$

--0--

$

872,594

$ 3,390,727

$ 3,866,113

$ 2,109,597

$ 7,105,382 $ 2,271,438 $ (5,718,173)

814

JOURNAL OF THE SENATE

Employability Benefits

$

Legal Services

$

Family Foster Care

$

Institutional Foster Care

$

Specialized Foster Care

$

Adoption Supplement

$

Day Care

$

Home Management--Contracts

$

Outreach -- Contracts

$

Special Projects

$

Program Support

$

County DFACS Operations--

Employability Program

$

Total

$

Budget Unit Object Classes:

Personal Services ........................

Regular Operating Expenses ..............

Travel .................................

Motor Vehicle Purchases .................

Equipment .............................

Computer Charges ......................

Real Estate Rentals .....................

Telecommunications .....................

Per Diem, Fees and Contracts ............

Utilities ................................

Postage ................................

Capital Outlay ..........................

Grants for Regional

Intensive Infant Care ..................

Grants for Regional

Maternal and Infant Care ..............

Crippled Children Benefits ...............

Crippled Children Clinics ................

Kidney Disease Benefits .................

Cancer Control Benefits .................

Benefits for Medically Indigent High-Risk

Pregnant Women and Their Infants ...

Family Planning Benefits ................

Midwifery Program Benefits ..............

Grant-In-Aid to Counties ................

Payments to DMA-Community Care ......

Service Benefits for Children .............

Case Services ...........................

E.S.R.P. Case Services ...................

Cash Benefits ...........................

Grants for County DFACS--

Operations ............................

Institutional Repairs

and Maintenance ......................

Special Purpose Contracts ...............

Purchase of Service Contracts ............

2,318,389 $ 1,908,631

1,797,333 $ 1,797,333

19,574,332 $ 12,497,722

1,939,720 $ 1,469,164

672,684 $

509,493

3,293,375 $ 2,707,472

18,365,300 $ 15,865,300

154,200 $

154,200

757,600 $

757,600

1,089,030 $ 1,072,630

3,036,011 $ 2,847,611

1,833,951 558,524,289

$ 1,159,180 $ 233,157,546

. . . . $172,342,384 ...... $67,262,765 ...... $3,814,915 ......... $274,900 ....... $1,339,857 ...... $20,753,351 ....... $8,719,846 ...... $4,025,549
$15,307,278 ....... $1,251,498 ....... $2,795,309 .......... $--0--

... $4,936,795

....... $2,055,000 ...... $7,456,223 ......... $623,632
... $400,000 ....... $2,650,000

....... $4,050,421 ......... $302,000
... $2,068,464 . . . $62,677,766 ....... $8,108,680 ...... $56,469,394
$15,634,998 ..... $50,000 ... $289,558,799

. . . . . $178,551,696

......... $169,000 ...... $10,521,830 ...... $54,595,710

THURSDAY FEBRUARY 16, 1989

815

I. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions .................
Departmental Operations: Personal Services........................ Regular Operating Expenses.............. Travel ................................ Motor Vehicle Purchases................ Equipment ............................ Computer Charges ..................... Real Estate Rentals .................... Telecommunications .................... Per Diem, Fees and Contracts ........... Utilities ............................... Capital Outlay ......................... Authority Lease Rentals ................ Institutional Repairs and Maintenance ......................... Grants to County-Owned Detention Centers .................... Substance Abuse Community Services .................. Mental Retardation Community Services .................. Mental Health Community Services .................. Community Mental Health Center Services ...................... Special Purpose Contract ............... Service Benefits for Children ............ Purchase of Service Contracts ........... Total Funds Budgeted .................. Indirect DOAS Services Funding ........ State Funds Budgeted ..................

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Total Funds

Southwestern State Hospital

$ 36,192,034

Georgia Retardation Center

$ 30,441,744

Georgia Mental Health Institute
Georgia Regional Hospital at Augusta

$ 25,693,790 $ 20,460,238

Northwest Regional Hospital at Rome

$ 26,047,107

Georgia Regional Hospital at Atlanta

$ 28,533,220

Central State Hospital

$ 119,805,443

Georgia Regional Hospital at Savannah

$ 23,584,681

Gracewood State School and Hospital

$ 44,017,798

$453,133,832
$359,635,702 $32,584,668 . $991,562 .... $942,327 . $3,558,294 . . $4,112,195 .... $778,109 . . $2,822,181 . . $6,012,577 . $13,956,804
$21,200 . . . . $748,468
$2,363,882
. . $2,222,640
$30,461,421
. $84,570,208
. $11,605,116
. $45,212,140 $1,356,660
. . $2,140,048 . . . . $496,000 $606,592,202 . $2,404,100 $453,133,832
State Funds $ 24,253,161 $ 15,188,754
$ 23,016,580
$ 17,351,153
$ 20,313,883
$ 22,763,704 $ 79,703,880
$ 21,071,532
$ 24,390,256

816

JOURNAL OF THE SENATE

West Central Georgia Regional Hospital
Outdoor Therapeutic Program
Mental Health Community Assistance
Mental Retardation Community Assistance
Day Care Centers for Mentally Retarded
Supportive Living
Georgia State Foster Grandparents/ Senior Companion Program
Project Rescue
Drug Abuse Contracts
Community Mental Health Center Services
Project ARC
Metro Drug Abuse Centers
Group Homes for Autistic Children
Project Friendship
Community Mental Retardation Staff
Community Mental Retardation Residential Services
Contract with Clayton County Board of Education for Autistic Children
MH/MR/SA Administration
Regional Youth Development Centers
Milledgeville State YDC
Augusta State YDC
Atlanta State YDC
Macon State YDC
Court Services
Community Treatment Centers
Day Centers
Group Homes
Purchased Services
Runaway Investigation/ Interstate Compact
Assessment and Classification
Youth Services Administration

$ 20,538,230 $ 15,930,948 $ 2,340,454 $ 2,188,174

$ 8,689,176 $ 8,605,367

$ 4,551,317 $ 2,771,090

$ 64,877,251 $ 37,319,251 $ 11,288,718 $ 10,525,795

$

591,869 $

577,623

$

410,048 $

247,048

$ 1,147,297 $ 1,147,297

$ 45,212,140 $ 36,476,722

$

371,144 $

371,144

$ 1,670,580 $ 1,420,580

$

273,604 $

273,604

$

316,398 $

316,398

$ 3,262,748 $ 3,262,748

$ 15,038,198 $ 15,038,198

$

74,630 $

74,630

$ 8,340,819 $ 6,878,446

$ 17,590,349 $ 17,253,349

$ 9,898,567 $ 9,513,156

$ 6,707,708 $ 6,636,973

$ 3,737,087 $ 3,620,973

$ 3,496,507 $ 3,385,107

10,593,216 $ 10,593,216

2,517,774 $ 2,517,774

930,659 $

930,659

660,496 $

660,496

$ 3,338,447 $

3,238,447

692,810 $

692,810

$

402,184

402,184

$ 2,255,722

2,210,722

THURSDAY FEBRUARY 16, 1989

817

Total

$ 606,592,202 $ 453,133,832

Section 22. Department of Industry and Trade. Budget Unit: Department of Industry and Trade ................ State Operations Budget: Personal Services............................................ Regular Operating Expenses.................................. Travel ..................................................... Motor Vehicle Purchases.....................................
Equipment ................................................. Computer Charges .......................................... Real Estate Rentals ......................................... Telecommunications ......................................... Per Diem, Fees and Contracts ................................ Local Welcome Center Contracts .............................
Advertising and Cooperative Advertising ...............................................
Georgia Ports Authority Authority Lease Rentals ...................................
Historic Chattahoochee Commission Contract ......................................
Atlanta Council for International Visitors ......................................
Waterway Development in Georgia ........................... Georgia Music Week Promotion ..............................
Georgia World Congress Center Operating Expenses .......................................
Contract--Georgia Association of Broadcasters ...........................................
Southern Center for International Studies ......................................
Capital Outlay .............................................. Total Funds Budgeted ....................................... State Funds Budgeted .......................................

$17,864,012
$6,885,334 . $1,611,369 . . . $349,445 . . . . $68,500 .... $73,995
$125,025 . $607,140 . . $252,860 $439,425 $230,000
$5,401,184
. $2,745,000
. . . . $80,000
$25,000 $50,000 .... $35,000
.... $--0--
$53,000
$25,000 .... $--0-- $19,057,277 $17,864,012

Department of Industry and Trade Functional Budgets

Total Funds

Administration

6,470,943

Economic Development

4,735,281

Tourism

7,851,053

Total

19,057,277

State Funds 5,628,943 4,552,281 7,682,788 17,864,012

Section 23. Department of Insurance. Budget Unit: Department of Insurance. Operations Budget: Personal Services................... Regular Operating Expenses......... Travel ............................ Motor Vehicle Purchases............ Equipment ........................ Computer Charges ................. Real Estate Rentals ................ Telecommunications ............. Per Diem, Fees and Contracts ....... Total Funds Budgeted.............. State Funds Budgeted ..............

. $10,070,182
. $9,159,657 . . . . $546,750 . . . . $309,000 . . . . . $47,500 .... $50,670 . . . . $206,771 .... $525,759 . . . . $205,021 ... $185,500 . $11,236,628 . $10,070,182

818

JOURNAL OF THE SENATE

Department of Insurance Functional Budgets

Total Funds

Internal Administration

$ 1,898,340

Insurance Regulation

$ 4,023,256

Industrial Loans Regulation

$

565,685

Fire Safety and Mobile Home Regulations

$ 4,749,347

Total

$ 11,236,628

Section 24. Department of Labor. Budget Unit: Department of Labor .......................... State Operations: Personal Services. ........................................ Regular Operating Expenses............................... Travel .................................................. Motor Vehicle Purchases.................................. Equipment .............................................. Computer Charges ....................................... Real Estate Rentals ...................................... Telecommunications ...................................... Per Diem, Fees and Contracts (JTPA) ..................... Per Diem, Fees and Contracts ............................. W.I.N. Grants ........................................... Payments to State Treasury............................... Capital Outlay ........................................... Total Funds Budgeted .................................... State Funds Budgeted ....................................

Department of Labor Functional Budgets

Total Funds

Executive Offices Administrative Services

$ 2,769,821 $ 16,028,057

Employment and Training Services

114,259,701

Total

133,057,579

Section 25. Department of Law. Budget Unit: Department of Law............ Attorney General's Office Budget: Personal Services. ........................ Regular Operating Expenses............... Travel .................................. Motor Vehicle Purchases.................. Equipment .............................. Computer Charges ....................... Real Estate Rentals ...................... Telecommunications ...................... Per Diem, Fees and Contracts ............. Books for State Library. .................. Total Funds Budgeted.................... State Funds Budgeted ....................

Section 26. Department of Medical Assistance. Budget Unit: Medicaid Services .............

State Funds

$ 1,898,340

$ 3,917,271

$

565,685

$ 3,688,886 $ 10,070,182

. $6,028,241
. $54,976,779 . . $6,163,100 .... $830,000 ..... $11,000
$455,000 . $5,645,000 . . $1,259,300 . $1,355,900 . $60,580,000 .... $381,500 . . . . . $--0-- .... $400,000 . $1,000,000 $133,057,579 . . $6,028,241

State Funds

$

581,610

$ 1,296,313

$ 4,150,318 $ 6,028,241

..... $7,983,444
$7,097,516 . . $388,702 . . $128,000 . . $--0--
. . . $27,480 . . $229,946 . . $411,800 . . . $80,000 . . . $60,000 . $110,000 $8,533,444 $7,983,444

. $439,525,729

THURSDAY FEBRUARY 16, 1989

819

Departmental Operations Budget: Personal Services ............. Regular Operating Expenses Travel ....................... Motor Vehicle Purchases....... Equipment ................... Computer Charges ............ Real Estate Rentals ........... Telecommunications ........... Per Diem, Fees and Contracts . Medicaid Benefits, Penalties and Disallowances ........... Payments to Counties for Mental Health .............. Audit Contracts ............... Total Funds Budgeted State Funds Budgeted .........

Medical Assistance Functional Budgets

Total Funds

Commissioner's Office

$ 1,090,724

Program Management

$ 20,306,793

Systems Management

$ 14,852,016

Administration

$ 2,359,266

Program Integrity

$ 3,735,642

Benefits, Penalties and Disallowances

$ 1,271,619,539

Total

$ 1,313,963,980

Section 27. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Departmental Operations Budget: Personal Services. .................................. Regular Operating Expenses......................... Travel ............................................ Equipment ........................................ Computer Charges ................................. Real Estate Rentals ................................ Telecommunications ................................ Per Diem, Fees and Contracts ....................... Health Insurance Payments ......................... Total Funds Budgeted .............................. Agency Assessments ................................ Employee and Employer Contributions ............... Deferred Compensation ............................. State Funds .......................................

Merit System Functional Budgets

Total Funds

Applicant Services

$ 2,425,828

Classification and Compensation

$ 1,034,309

Flexible Benefits

$

998,557

$10,799,527 $489,000 $189,900
.... $--0-- ... $43,536 $12,391,225 . . $925,973 . . . $343,642 $16,389,138
$1,246,449,010
. $25,170,529 $772,500
$1,313,963,980 $439,525,729

State Funds

$

429,961

$ 2,656,459

$ 4,148,779

$

323,502

$ 1,597,294

$ 430,369,734 $ 439,525,729

... $43,203,865
$6,784,777 $1,077,400 ..... $71,000 . $73,790 $2,586,808 .... $754,119 . . . . . $84,826 . $33,620,920 $411,787,556 $456,841,196 $8,653,661 $404,928,670 .... $55,000 . $43,203,865

State Funds --0--

820

JOURNAL OF THE SENATE

Employee Training and Development
Health Insurance Administration
Health Insurance Claims Internal Administration
Commissioner's Office
Total

1,297,374 $
11,434,281 436,347,856
1,813,260 1,489,731 456,841,196

Section 28. Department of Natural Resources. A. Budget Unit: Department of Natural Resources .................... $71,563,882
Operations Budget: Personal Services................................................ $52,031,707 Regular Operating Expenses...................................... $10,310,215 Travel ............................................................ $505,350 Motor Vehicle Purchases.......................................... $1,493,994 Equipment ...................................................... $1,742,335 Computer Charges ................................................. $626,120 Real Estate Rentals .............................................. $1,706,138 Telecommunications .............................................. $1,294,574 Per Diem, Fees and Contracts ..................................... $1,463,268 Land and Water Conservation Grants ................................ $900,000 Recreation Grants .................................................. $530,000 Contract with U. S. Geological Survey for Ground Water Resources Survey ........................ $300,000 Contract with U. S. Geological Survey for Topographic Maps ..................................... $125,000 Capital Outlay--Repairs and Maintenance.......................... $1,978,900 Capital Outlay--Shop Stock--Parks ................................. $350,000 Capital Outlay--Heritage Trust ..................................... $211,500 Authority Lease Rentals .......................................... $1,189,000 Cost of Material for Resale ....................................... $1,642,380 Payments to Lake Lanier Islands Development Authority ......................................... $1,600,000 Contract--Special Olympics, Inc. .................................... $206,000 Georgia Sports Hall of Fame ......................................... $50,000 Capital Outlay--Heritage Trust-- Wildlife Management Area Land Acquisition ....................... $485,000 Capital Outlay--User Fee Enhancements--Parks ...................... $766,665 Capital Outlay--Buoy Maintenance ................................... $59,892 Capital Outlay--Consolidated Maintenance-- Game and Fish .................................................. $347,831 Technical Assistance Contract ....................................... $125,000 Capital Outlay ................................................... $3,913,696 Contract--Georgia Rural Water Association ........................... $10,000
Contract--Corps of Engineers (Cold Water Creek St. Park) ...................................... $149,405
Advertising and Promotion .......................................... $150,000 Payments to Georgia Agricultural
Exposition Authority ........................................... $1,404,556 Historic Preservation Grant ......................................... $275,000 Environmental Facilities Grant .................................... $7,050,000 Georgia Boxing Commission ........................................... $7,000 Lanier Regional Committee .......................................... $13,000 Paving at State Parks and Historic Sites ............................. $500,000

THURSDAY FEBRUARY 16, 1989

821

National Parks Service Grants. .............................. Capital Outlay--Waterfowl Habitat .......................... Waterfowl Conservation Fund ............................... Total Funds Budgeted ...................................... Receipts from Jekyll Island
State Park Authority ..................................... Receipts from Stone Mountain
Memorial Association ..................................... Indirect DOAS Funding .................................... State Funds Budgeted ......................................

Department of Natural Resources Functional Budgets

Total Funds

Internal Administration

7,836,755

Game and Fish
Parks, Recreation and Historic Sites

$ 26,494,449 32,184,559

Environmental Protection

25,063,695

Coastal Resources

4,419,068

Total

95,998,526

. . $150,000 $200,000 $135,000
$95,998,526
.... $53,750
$315,000 . $200,000 $71,563,882
State Funds 7,441,004 21,918,985
19,190,525 21,485,611 1,527,757 71,563,882

B. Budget Unit: Authorities ............................. Operations Budget: Personal Services..................................... Regular Operating Expenses........................... Travel .............................................. Motor Vehicle Purchases.............................. Equipment .......................................... Computer Charges ................................... Real Estate Rentals .................................. Telecommunications .................................. Per Diem, Fees and Contracts ......................... Capital Outlay ....................................... Total Funds Budgeted ................................ State Funds Budgeted ................................ Authorities Functional Budgets

..... $--0--
$3,320,151 $1,944,100 ..... $22,400
$99,000 .... $321,355
$25,000 .... $10,200 . . . . $119,050 .... $144,700
$1,918,600 $7,924,556 ..... $--0--

Lake Lanier Islands Development Authority
Georgia Agricultural Exposition Authority
Total

Total Funds
6,520,000
1,404,556 7,924,556

State Funds

$

--0--

$

--0--

$

--0--

Section 29. Department of Public Safety.

A. Budget Unit: Department of Public Safety Operations Budget: Personal Services. ....................... Regular Operating Expenses.............. Travel ................................. Motor Vehicle Purchases................. Equipment ............................. Computer Charges ...................... Real Estate Rentals .....................

$72,454,203
$54,998,371 . $8,597,566
. $140,300 . $3,146,977 . . $681,806
$3,731,300 $33,800

822

JOURNAL OF THE SENATE

Telecommunications .............................................. $1,103,883 Per Diem, Fees and Contracts ....................................... $246,000 Conviction Reports ................................................. $225,000 State Patrol Posts Repairs and Maintenance.......................... $200,000 Capital Outlay ...................................................... $50,000 Driver License Processing ........................................... $949,200 Total Funds Budgeted ........................................... $74,104,203 Indirect DOAS Service Funding ................................... $1,650,000 State Funds Budgeted ........................................... $72,454,203
Public Safety Functional Budgets

Total Funds

State Funds

Administration

$ 17,545,148 $ 16,045,148

Driver Services

$ 13,842,033 $ 13,842,033

Field Operations

$ 42,717,022 $ 42,567,022

Total

$ 74,104,203 $ 72,454,203

B. Budget Unit: Units Attached for Administrative Purposes Only

$13,186,735

1. Attached Units Budget:

Personal Services................................................. $6,163,941

Regular Operating Expenses....................................... $2,285,272

Travel ............................................................ $133,500

Motor Vehicle Purchases............................................ $136,170

Equipment ........................................................ $151,795

Computer Charges ................................................. $356,563

Real Estate Rentals ................................................. $91,853

Telecommunications ................................................ $153,900

Per Diem, Fees and Contracts ..................................... $1,178,700

Peace Officers Training Grants .................................... $2,675,977

Capital Outlay ...................................................... $--0--

Total Funds Budgeted ........................................... $13,327,671

State Funds Budgeted ........................................... $12,896,596

2. Office of Highway Safety Budget:

Personal Services................................................... $397,276

Regular Operating Expenses.......................................... $29,100

Travel ............................................................. $13,000

Motor Vehicle Purchases............................................. $--0--

Equipment ......................................................... $--0--

Computer Charges .................................................. $40,000

Real Estate Rentals ................................................. $63,625

Telecommunications .................................................. $8,000

Per Diem, Fees and Contracts ........................................ $23,800

Highway Safety Grants ........................................... $3,500,000

Total Funds Budgeted ............................................ $4,074,801

State Funds Budgeted .............................................. $290,139

Attached Units Functional Budgets

Total Funds

Office of Highway Safety

$ 4,074,801

Georgia Peace Officers Standards and Training

$ 4,440,756

Police Academy

$

841,577

Fire Academy

$ 1,118,865

State Funds

$

290,139

$ 4,440,756

$

821,577

$ 1,019,865

THURSDAY FEBRUARY 16, 1989

823

Georgia Firefighters Standards and Training Council
Organized Crime Prevention Council
Georgia Public Safety Training Facility
Total

$

408,023 $

408,023

$

344,845 $

344,845

$ 6,173,605 $ 5,861,530 $ 17,402,472 $ 13,186,735

Section 30. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System ........... $13,878,962 Departmental Operations Budget: Payments to Employees' Retirement System .......................... $267,712 Employer Contributions ......................................... $13,611,250 Total Funds Budgeted ........................................... $13,878,962 State Funds Budgeted ........................................... $13,878,962

Section 31. Public Service Commission. Budget Unit: Public Service Commission ............................. $7,339,828 Departmental Operations Budget: Personal Services................................................. $5,870,419 Regular Operating Expenses......................................... $394,861 Travel ............................................................ $220,100 Motor Vehicle Purchases............................................. $57,900 Equipment ......................................................... $53,364 Computer Charges ................................................. $341,800 Real Estate Rentals ................................................ $278,825 Telecommunications ................................................ $113,300 Per Diem, Fees and Contracts ..................................... $1,250,000 Total Funds Budgeted ............................................ $8,580,569 State Funds Budgeted ............................................ $7,339,828

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration

$ 1,596,604 $ 1,596,604

Transportation

$ 2,766,949 $ 1,649,352

Utilities

$ 4,217,016 $ 4,093,872

Total

$ 8,580,569 $ 7,339,828

Section 32. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction ............................... $669,340,400
Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. .................................. $712,544,198 Sponsored Operations ........................................ $100,000,000 Operating Expenses: Educ., Gen., and Dept. Svcs................................... $194,901,534 Sponsored Operations ........................................ $116,000,000 Special Funding Initiative........................................ $10,000,000 Office of Minority Business Enterprise ............................... $333,975 Special Desegregation Programs ..................................... $368,841 Authority Lease Rentals ............................................. $--0-- Research Consortium ................................................ $--0-- Eminent Scholars Program ........................................... $--0-- Capital Outlay ................................................... $1,020,000

824

JOURNAL OF THE SENATE

Total Funds Budgeted ....................................... Departmental Income........................................ Sponsored Income........................................... Other Funds ................................................ Indirect DOAS Services Funding ............................. State Funds Budgeted .......................................

$1,135,168,548 $27,160,771 $216,000,000
. $219,640,077 . $3,027,300 $669,340,400

B. Budget Unit: Regents Central Office and Other Organized Activities ............................... Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs. ............................... Sponsored Operations ..................................... Operating Expenses: Educ., Gen., and Dept. Svcs. ............................... Sponsored Operations ..................................... Fire Ant and Environmental Toxicology Research ....................................... Agricultural Research........................................ Advanced Technology Development Center ....................................... Capitation Contracts for Family Practice Residency ................................. Residency Capitation Grants ................................. Student Preceptorships ...................................... Center for Rehabilitation Technology ......................... SREB Payments ............................................ Medical Scholarships ........................................ Regents Opportunity Grants ................................. Regents Scholarships ........................................ Rental Payments to Georgia Military College .......................................... CRT Inc. Contract at Georgia Tech Research Institute ........................................ Total Funds Budgeted ...................................... Departmental Income........................................ Sponsored Income.......................................... Other Funds ............................................... Indirect DOAS Services Funding ............................ State Funds Budgeted ......................................

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

Marine Resources Extension Center

$ 1,823,150

Skidaway Institute of Oceanography

$ 3,445,718

Marine Institute

$ 1,217,689

Georgia Tech Research Institute

$ 96,148,375

Engineering Extension Division

$ 5,718,590

$140,125,408
$182,973,433 $56,589,452
. $80,767,375 $25,816,168
. $267,521 $1,693,360
. . $1,251,877
. $2,655,750 . $2,381,730
$158,000 . . $680,924 $12,215,450 . . . $729,262
$600,000 . $200,000
. . $739,618
$206,000 $369,925,920 ..... $--0-- $82,415,620 $146,829,192 . $555,700 $140,125,408
State Funds
1,136,242
1,545,718 896,990
11,612,620
1,807,928

THURSDAY FEBRUARY 16, 1989

825

Agricultural Experiment Station
Cooperative Extension Service
Eugene Talmadge Memorial Hospital
Veterinary Medicine Experiment Station
Veterinary Medicine Teaching Hospital
Joint Board of Family Practice
Georgia Radiation Therapy Center
Athens and Tifton Veterinary Laboratories
Regents Central Office
Total

$ 48,307,462 $ 45,928,134 $ 133,121,511 $ 2,833,608 $ 2,299,285 $ 5,545,918 $ 1,743,722 $ 2,181,920 $ 19,610,838 $ 369,925,920

32,300,675 31,201,434 31,204,296 2,833,608
466,285 5,545,918

$

57,270

$ 19,516,424

$ 140,125,408

C. Budget Unit: Georgia Public Telecommunications Commission ....... $6,168,939 Public Telecommunications Commission Budget: Personal Services................................................. $5,135,068 Operating Expenses .............................................. $5,247,823 Total Funds Budgeted ........................................... $10,382,891 Other Funds ..................................................... $4,213,952 State Funds Budgeted ............................................ $6,168,939

Section 33. Department of Revenue. Budget Unit: Department of Revenue ............................... $67,951,948 Operations Budget: Personal Services................................................ $42,862,263 Regular Operating Expenses....................................... $3,869,758 Travel .......................................................... $1,467,725 Motor Vehicle Purchases............................................ $156,600 Equipment ........................................................ $604,445 Computer Charges ............................................... $8,287,721 Real Estate Rentals .............................................. $2,621,859 Telecommunications ................................................ $609,037 Per Diem, Fees and Contracts ....................................... $215,000 County Tax Officials/Retirement and FICA ......................... $1,769,340 Grants to Counties/Appraisal Staff. ................................ $1,430,000 Motor Vehicle Tags and Decals.................................... $5,230,750 Postage ......................................................... $2,672,450 Total Funds Budgeted ........................................... $71,796,948 Indirect DOAS Services Funding .................................. $3,845,000 State Funds Budgeted ........................................... $67,951,948

Department of Revenue Functional Budgets

Total Funds

State Funds

Departmental Administration

$ 4,490,016 $ 4,490,016

Internal Administration

$ 9,370,301 $ 9,170,301

Electronic Data Processing

$ 4,991,947 $ 4,773,947

Field Services

$ 13,999,788 $ 13,699,788

826

JOURNAL OF THE SENATE

Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit Total

$ 7,723,662 $ 6,766,662 $ 16,681,034 $ 15,049,034 $ 6,037,853 $ 6,037,853 $ 4,174,472 $ 4,093,472 $ 4,327,875 $ 3,870,875 $ 71,796,948 $ 67,951,948

Section 34. Secretary of State.

Budget Unit: Secretsary of State .........

. $20,717,464

Personal Services

.... $13,424,337

Regular Operating Expenses ...........

...... $2,381,489

Travel

...

........ $229,000

Motor Vehicle Purchases ..............

........ $134,000

Equipment ......

......... $80,520

Computer Charges

........ $603,675

Real Estate RentalIs .....'..'. .. '.'. ......

...... $2,171,939

Telecommunications ..................

........ $267,642

Per Diem, Fees anicd Contracts .........

... $674,862

Election Expenses

...... $750,000

Total Funds Budgeted ................

..... $20,717,464

State Funds Budgeted ...................................... . $20,717,464

Secretary of State Functional Budgets

Internal Administration Archives and Records Business Services and
Regulation Elections and Campaign
Disclosure Drugs and Narcotics State Ethics Commission Occupational Certification Total

Total Funds $ 2,929,039 $ 4,618,544

$ 3,726,389

$ 1,432,365

$

875,519

$

178,828

$ 6,956,780

$ 20,717,464

State Funds $ 2,929,039 $ 4,618,544

$ 3,726,389

$ 1,432,365

$

875,519

$

178,828

$ 6,956,780

$ 20,717,464

ipational Certification Functional Budgets

Board

Costs

S.B. of Accountancy

$

57,500

S.B. of Architects

$

79,725

S.B. of Athletic Trainers

$

850

Georgia Auctioneers Commlission

$

7,350

S.B. of Barbers

$

24,000

G.B. of Chiropractic Examiners
State Construction Industryy
Licensing Board

$

21,000

$

92,000

S.B. of Cosmetology

$

55,000

G.B. of Dentistry

$

55,800

Cost of

Operations

$

247,950

$

190,876

$

4,355

$

46,865

$

153,756

$

132,730

$

542,083

$

847,430

$

292,361

THURSDAY FEBRUARY 16, 1989

827

G.B. of Examiners of Licensed Dieticians
S.B. of Professional Engineers and Land Surveyors
S.B. of Registration for Foresters
S.B. of Funeral Services
S.B. of Registration for Professional Geologists
S.B. of Hearing Aid Dealers and Dispensers
G.B. of Landscape Architects
S.B. for the Certification of Librarians
Georgia Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists
Composite S.B. of Medical Examiners
S.B. of Nursing Home Administrators
G.B. of Nursing
S.B. of Dispensing Opticians
S.B. of Examiners in Optometry
S.B. of Occupational Therapy
S.B. of Pharmacy
S.B. of Physical Therapy
S.B. of Podiatry Examiners
S.B. of Polygraph Examiners
G.B. of Examiners of Licensed Practical Nurses
G.B. of Private Detective and Security Agencies
S.B. of Examiners of Psychologists
S.B. of Recreation Examiners
S.B. of Examiners for Speech Pathology and Audiology
S.B. of Registration for Used Car Dealers
S.B. of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers
S.B. of of Veterinary Medicine
S.B. of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysis
Total
B. Budget Unit: Real Estate Commission

$

13,300 3i

29,911

$

64,700 9i

300,000

$

3,100 3i

33,925

$

23,000 3i

219,515

$

3,700 3i

23,511

$

7,600 5f

22,979

$

15,800 35

46,457

$

2,600 35

17,932

$

32,500 3f

92,320

$

102,000 3f 1,191,650

$

12,200 3f

67,614

$

78,700 Sf,

870,040

$

8,600 if

39,798

$

18,000 i5

63,302

$

9,100 if

22,728

$

86,500 if

490,080

$

16,100 if

68,185

$

6,700 iP

24,177

$

6,600 if

45,580

$

54,450 ff

489,111

$

13,300 if

340,254

$

19,900 if

61,254

$

6,850 if

31,216

$

5,700 if

21,824

$

14,500 i5

202,995

$

10,500 if

33,163

$

43,500 if

106,657

$

7,500 i5

124,319

$ 1,080,225 :5 7,538,903

$1,465,035

828

JOURNAL OF THE SENATE

Real Estate Commission Budget:

Personal Services

......

Regular Operating Expenses...

Travel .......................

Motor Vehicle Purchases

Equipment ...................

Computer Charges ............

Real Estate Rentals

Telecommunications

Per Diem, Fees and Contracts .

Total Funds Budgeted .........

State Funds Budgeted ........

Real Estate Commission Functional Budget

Real Estate Commission

State Funds 1,465,035

. $826,001 . $138,070
. $12,000 $17,000 . $10,510 $286,354 . . $57,300 . $16,800 . . $101,000 $1,465,035 $1,465,035
Cost of
Operations
1,505,035

Section 35. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee................. $1,610,570 Soil and Water Conservation Budget: Personal Services................................................... $755,420 Regular Operating Expenses......................................... $134,236 Travel ............................................................. $49,000 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $12,400 Computer Charges ................................................... $7,750 Real Estate Rentals ................................................. $44,276 Telecommunications ................................................. $15,360 Per Diem, Fees and Contracts ....................................... $125,732 County Conservation Grants ........................................ $466,396 Total Funds Budgeted ............................................ $1,610,570 State Funds Budgeted ............................................ $1,610,570

Section 36. Student Finance Commission.

Budget Unit: Student Finance Commission

...

$19,426,082

Administration Budget:

Personal Services................................................. $3,683,982

Regular Operating Expenses......................................... $355,435

Travel ............................................................. $57,000

Motor Vehicle Purchases............................................. $--0--

Equipment ......................................................... $19,395

Computer Charges ................................................. $392,701

Telecommunications ................................................ $125,554

Per Diem, Fees and Contracts ........................................ $18,000

Payment of Interest and Fees ....................................... $307,500

Guaranteed Educational Loans

.....

$3,810,000

Tuition Equalization Grants...................................... $12,777,540

Student Incentive Grants ......................................... $5,076,500

Law Enforcement Personnel

Dependents' Grants ............................................... $40,000

North Georgia College ROTC Grants ................................ $112,000

Osteopathic Medical Loans.......................................... $200,000

Georgia Military Scholarship Grants ................................. $344,000

Paul Douglas Teacher Scholarship Loans ............................. $550,000

Total Funds Budgeted ........................................... $27,869,607

State Funds Budgeted ........................................... $19,426,082

THURSDAY FEBRUARY 16, 1989

829

Georgia Student Finance Commission Functional Budgets

Total Funds

Internal Administration

$ 4,652,067 $

Higher Education Assistance Corporation

$

307,500 $

Georgia Student Finance Authority

$ 22,910,040 $

Total

$ 27,869,607 $

State Funds -- 0--
160,000
19,266,082 19,426,082

Section 37. Teachers' Retirement System: Budget Unit: Teachers' Retirement System ........................... $3,325,000 Departmental Operations Budget: Personal Services................................................. $2,510,686 Regular Operating Expenses......................................... $243,000 Travel ............................................................. $25,500 Equipment ......................................................... $13,850 Computer Charges ................................................. $924,638 Real Estate Rentals ................................................ $302,500 Telecommunications ................................................. $85,000 Per Diem, Fees and Contracts ....................................... $300,000 Cost-of-Living Increases for Local Retirement System Members .................................... $2,425,000 Floor Fund for Local Retirement Systems .............................................. $900,000
Post Retirement Benefit Increases for Retirees .............................................. $--0--
Total Funds Budgeted ............................................ $7,730,174 State Funds Budgeted ............................................ $3,325,000

Section 38. Department of Technical and Adult Education.

Budget Unit: Department of Technical and Adult Education

$108,378,049

Department of Technical and Adult Education Budget:

Personal Services................................................. $3,271,872

Regular Operating Expenses......................................... $302,568

Travel ............................................................ $105,000

Motor Vehicle Purchases............................................. $--0--

Equipment ......................................................... $25,100

Computer Charges ................................................. $119,684

Real Estate Rentals ................................................ $376,180

Telecommunications ................................................. $67,991

Per Diem, Fees and Contracts ..................................... $1,471,018

Utilities ............................................................ $16,000

Personal Services--Institutions ................................... $62,908,040

Operating Expenses--Institutions

$9,552,749

Capital Outlay ...................................................... $--0--

Quick Start Program ............................................. $4,945,908

Area School Program ............................................ $31,486,349

Regents Program................................................. $2,621,863

Adult Literacy Grants ............................................ $5,653,680

Total Funds Budgeted .......................................... $122,924,002

State Funds Budgeted .......................................... $108,378,049

Institutions Functional Budgets

Total Funds

State Funds

Administration

$ 5,755,413 $ 3,823,322

830

JOURNAL OF THE SENATE

Institutional Programs Total

117,168,589 122,924,002

104,554,727 108,378,049

Section 39 Department of Transportation.

Budget Unit: Department of Transportation

........ $473,844,981

For Public Roads and Bridges, for Grants to Counties for Road Construction

and Maintenance, and for other transportation activities.

Departmental Operations Budget:

Personal Services.......................................

$202,027,382

Regular Operating Expenses.............................

$50,327,324

Travel ................................................

. $1,726,750

Motor Vehicle Purchases................................

$1,008,600

Equipment ............................................

$4,361,648

Computer Charges .....................................

. $2,048,045

Real Estate Rentals ....................................

$1,292,155

Telecommunications ....................................

$1,914,586

Per Diem, Fees and Contracts ...........................

. $8,345,601

Capital Outlay .........................................

$460,201,518

Grants to Counties .....................................

. $9,317,013

Grants to Municipalities ................................

. . $9,317,000

Capital Outlay--Airport Approach Aid

and Operational Improvements ........................

$1,285,000

Capital Outlay--Airport Development....................

$1,270,000

Mass Transit Grants ...................................

$10,617,972

Savannah Harbor Maintenance Payments ................

$1,240,000

Spoilage Area Acquisition, Clearing,

Preparation and Dike Reconstruction ..................

. . $1,575,000

G.O. Debt Sinking Fund ................................

$31,000,000

Total Funds Budgeted ..................................

$798,875,594

State Funds Budgeted

$473,844,981

Department of Transportation Functional Budgets

Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Assistance to Counties Administration Total General Funds Budget Grants to Municipalities Paving at State and
Local Schools and State Institutions Air Transportation Inter-Modal Transfer Facilities Harbor Maintenance Activities Maintenance and Betterments Total

Total Funds $ 513,967,980 $ 210,315,522 $ 5,980,771 $ 9,317,013 $ 18,961,039 $ 758,542,325
Total Funds $ 9,317,000

State Funds

$ 221,388,676

$ 198,120,826

$ 5,305,771

$ 9,317,013

$ 18,631,039

$ 452,763,325

State Funds

$

317,000

$

750,000

$ 1,534,044

750,000 1,034,044

$ 15,637,225 $ 5,885,612

2,815,000

2,815,000

$ 10,280,000

10,280,000

$ 40,333,269 $ 21,081,656

THURSDAY FEBRUARY 16, 1989

831

Section 40. Department of Veterans Services. Budget Unit: Department of Veterans Service . Departmental Operations Budget: Personal Services........................... Regular Operating Expenses................. Travel ................................... Motor Vehicle Purchases................... Equipment ............................... Computer Charges ......................... Real Estate Rentals ....................... Telecommunications ....................... Per Diem, Fees and Contracts ............... Capital Outlay ............................ Operating Expense/Payments to Central State Hospital................... Operating Expense/Payments to Medical College of Georgia ............... Regular Operating Expenses for Projects and Insurance ............... Total Funds Budgeted ..................... State Funds Budgeted .....................
Veterans Service Functional Budgets

$17,342,602
$4,376,930 . $105,096 .... $89,000 .... $--0-- ... $90,300 ..... $4,142 . . . $218,397 . . . . $58,500 .... $45,400 .... $--0--
$10,444,943
$5,396,062
$118,000 $20,946,770 $17,342,602

Veterans Assistance Veterans Home and Nursing
Facility--Milledgeville Veterans Nursing Home- -Augusta Total

Total Funds $ 4,912,765
$ 10,558,943 5,475,062 20,946,770

State Funds 4,682,128
8,435,912 4,224,562 17,342,602

Section 41. Workers' Compensation Board. Budget Unit: Workers' Compensation Board Operations Budget: Personal Services......................... Regular Operating Expenses............... Travel .................................. Motor Vehicle Purchases.................. Equipment .............................. Computer Charges ....................... Real Estate Rentals ...................... Telecommunications ...................... Per Diem, Fees and Contracts ............. Total Funds Budgeted .................... State Funds Budgeted ....................

. . $7,481,358
$5,907,878 . . $258,241 . $62,000 ... $--0--
. . . $43,142 $418,357
. . $593,985 . . $95,700 . . $152,055 $7,531,358 $7,481,358

Section 42. State of Georgia General
Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt
Sinking Fund (Issued) ..............................
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) ...............................

... $270,003,143 ........ $16,428,100

Section 43. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (deci sions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required

832

JOURNAL OF THE SENATE

by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.
Section 44. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employ ees of the Court.
Section 45. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to at tend the Judicial College.
Section 46. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.
Section 47. Provisions Relative to Section 7, Institute of Continuing Judicial Educa tion. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 48. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Re porting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 49. Provisions Relative to Section 10, Department of Administrative Services. The Department of Administrative Services is authorized to issue a request for proposal for the acquisition of a new mainframe computer; and, to conduct benchmark tests on the com puters proposed by vendors which meet specifications. No purchase shall be made until funds are appropriated in a future appropriations bill.
Section 50. Provisions Relative to Section 14, Department of Corrections. From the Appropriations in Section 14, The Department of Corrections is authorized to hire six (6) additional positions at each Probation Detention Center for a total of fifty four (54) posi tions at each center.
From the Appropriations in Section 14, the Department of Corrections is authorized to hire ten (10) additional positions in Food and Farm Operations.
The Georgia Correctional Industries Authority is authorized to construct a central office and warehouse.
Section 51. Provisions Relative to Section 16, State Board of Education--Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,419.59. In addition, all local school system allotments for Quality Basic Edu cation shall be made in accordance with funds appropriated by this Act.
From the Appropriations in Section 16, funds are designated and committed for the purpose of Special Education Low-Incidence Grants to finance the direct instructional costs for low-incidence proframs which are not covered by the QBE formula. The total of such

THURSDAY FEBRUARY 16, 1989

833

grants will be determined under Board of Education policy IDDF and may not exceed $500,000 for FY 1989.

From the Appropriations in Section 16, funds in the amount of up to $352,000 are set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Edu cation. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision.

Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruc tion in language arts, mathematics, science and social studies, which provided such common preparation time during the immediately preceding school year, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.

Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SPY 1989 on the basis on oneeighteenth of the total appropriation for each Area Planning and Development area served, subject to the provisions that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and has the commitments of each anticipated mem ber system to contribute at least the same equivalent amount during SFY 1989 that it con tributed during SFY 1988.

Provided, however, that professional development funds may be used to provide study grants directly to individuals, to provide for courses and to provide for the administration and development of testing.

Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program.

Section 52. Provisions Relative to Section 21, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Depen dent Children benefit payments utilizing a factor of 71.75% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of appli cation; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$208

$ 149

2

315

226

3

376

270

4

444

319

5

508

364

6

551

395

7

596

428

8

633

454

9

666

478

10

713

512

11

763

547

It is the intent of this General Assembly to maintain, as a minimum, the same level of direct treatment staff in the extended care and forensic programs of the MH-MR-SA insti tutions for fiscal year 1989 that was authorized in fiscal year 1987.

834

JOURNAL OF THE SENATE

Section 53. Provisions Relative to Section 27, Merit System of Personnel Administra tion. The Department is authorized to assess no more than $153.75 per merit system budg eted position for the cost of departmental operations.
For the purpose of increasing the employer contribution to the state employees health insurance fund from existing appropriations, there is hereby appropriated from each ex isting object class appropriation, from which such contributions have been funded, an amount equal to 125 percent of the employer contribution actually paid from such object class for the first quarter of Fiscal Year 1988-1989, and to the extent not so committed by rate increase, to remain appropriated for the general purposes of the object class.
Section 54. Provisions Relative to Section 28, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 28 (De partment of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 28.
From the appropriation in Section 28 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 28, the Department of Natural Resources is authorized to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.
Provided that of the $275,000 appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Area Planning and Development Com missions which employ Preservation Planners as of July, 1988.
Section 55. Provisions Relative to Section 32, Board of Regents, University System of Georgia. The Board of Regents is authorized to transfer other object class surpluses to Capi tal Outlay and Equipment Purchases without approval of the Office of Planning and Budget or the Fiscal Affairs Subcommittees.
Section 56. Provisions Relative to Section 29, Department of Public Safety. The Police Academy is to expend funds for the purposes of the Coroner's Training Courses.
Section 57. Provisions Relative to Section 33, Department of Revenue. From the ap propriation in Section 33 (Department of Revenue) relating to motor vehicle tag and decal purchases the department is authorized to use available funds for the purchase of either 1983 or 1990 motor vehicle tags.
Section 58. Provisions Relative to Section 38, Department of Technical and Adult Ed ucation. None of the State funds appropriated in Section 38 may be used for the purpose of planning, designing, constructing, or renovating an area vocational-technical school unless said school agrees to be governed by the State Board of Postsecondary Vocational Education.
Section 59. Provisions Relative to Section 39, Department of Transportation. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary au thorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi-

THURSDAY FEBRUARY 16, 1989

835

tional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less re funds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 39 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and up grade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
Section 60. In addition to all other appropriations for the State fiscal year ending June 30, 1989, there is hereby appropriated $3,450,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; there is hereby appropriated $7,420,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/mental retarda tion institutions ($7,300,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the opera tion of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the anticipated departmental annual remittances to the Fiscal Division of the Department of Administra tive Services from agency fund collection.
Section 61. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 62. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 63. Each and every agency, board, commission, and authority receiving appro priations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provi sions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment

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JOURNAL OF THE SENATE

and telephonic equipment a matter of special interest in future audits to insure strict com pliance with the intent of this General Assembly.
Section 64. To the extent to which Federal funds become available in amounts in ex cess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the in stances of noncompliance with the stated intent of this Section.
Section 65. Each agency for which an appropriation is authorized herein shall main tain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 66. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 67. No State funds in this appropriation shall be paid to or on behalf of Geor gia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommuni cations Network either directly or indirectly.
Section 68. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or ap propriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the depart ment, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 69. (a). All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained in the Budget Report submitted to the General Assembly at the 1988 Regular Session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be trans ferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior ap proval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds ot each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropria tions Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, com mission, institution or other agency of this State are in violation of this Section or in viola tion of any amendments properly approved by the Director of the Budget.

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837

(b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.

(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each com mon object class are authorized. However, the total expenditure for the group may not ex ceed the sum of the stated amounts for the separate object classes of the group.

(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administra tion of the annual operating budget.

Section 70. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing such term shall apply to the total expenditures within the Budget Unit or combina tion of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.

For budget units within the Legislative Branch, all transfers shall require prior ap proval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Func tional Budget or the House Functional Budget.

Section 71. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

Section 72. Provisions Relative to Section 42 State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on bonds, the principal amounts of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby.

A.) Maturities not to exceed sixty months:

Project/Purpose

Principal Amount

Debt Service

Computers

$ 20,900,000 $ 5,016,000

Equipment and Furnishings for Technical Schools

10,515,000

2,523,600

Equipment for laundry at Gracewood State School and Hospital

830,000

199,200

Equipment for Revenue Department

900,000

216,000

B.) Maturities not to exceed two-hundred forty months:

Project/Purpose

Principal Amount

Debt Service

Local School Construction

61,330,000

6,746,300

Rock Removal at the Buford Correctional Institution

2,000,000

220,000

Hancock C.I.

1,800,000

198,000

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JOURNAL OF THE SENATE

Purchase of facility for Department of Corrections (Atlanta Advancement Center)
Treutlen Co. Correctional Institute
Warehouse facility for Middle Ga. C.I.
Paper Chemistry Facility for Georgia Institute of Technology

1,100,000 3,900,000
900,000
6,000,000

121,000 429,000 99,000
660,000

Section 73. Dept. of Agriculture Dept. of Corrections "A" Dept. of Corrections "B" Dept. of Defense Dept. of Human Resources "A" Dept. of Human Resources "B" Georgia Insurance Comm. Merit System of Pers. Admin. Dept. of Natural Resources Dept. of Public Safety "A" Dept. of Public Safety "B" Public Service Commission Secretary of State Dept. of Veterans Services Workers' Compensation Board

Delayed Hiring Factor by Department.

$

64,112

4,682,525

77,635

5,000

3,726,020

4,310,300

800

4,456

347,031

268,000

158,000

3,077

20,569

3,706

40,220

Section 74. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1989 ...

$6,399,179,662

Section 75. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 76. All laws and parts of laws in conflict with this Act are repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senators Starr of the 44th and Kennedy of the 4th offered the following amendment:

Amend the substitute to HB 118 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Superior Courts Budget Unit: Superior Courts on page 5, line 12 in Section 5 the figure "$36,840,463" and replacing it with the figure "$36,750,463";
By removing the figure on page 5, line 13, "$35,115,808" and replacing it with the figure "$35,025,808";
and
By removing from the State funds budgeted for the Department of Corrections Budget

THURSDAY FEBRUARY 16, 1989

839

Unit: B Board of Pardons and Paroles on page 14, line 28 in Section 14 the figure "$19,708,192" and replacing it with the figure "$19,798,192";
By removing the figure on page 15, line 4, "$275,454" and replacing it with the figure "$365,454";
By removing the figure on page 15, line 6 "$19,954,664" and replacing it with the figure "$20,044,664"; and
By removing the figure on page 15, line 7, "$19,708,192" and replacing it with the figure "$19,798,192".

On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill

Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Not voting were Senators Shumake and Taylor.

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Starr of the 44th moved that HB 118 be immediately transmitted to the House.

On the motion, the yeas were 40, nays 0; the motion prevailed, and HB 118 was imme diately transmitted to the House.

Senator Peevy of the 48th introduced Honorable Ed Jenkins, United States Represen tative from the 9th District of Georgia, who briefly addressed the Senate.

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JOURNAL OF THE SENATE

The following general resolution and bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SR 140. By Senators Starr of the 44th, Allgood of the 22nd, Kennedy of the 4th, Coverdell of the 40th and others:
A resolution creating the Commission on Economy and Efficiency in State Government.

Senator Starr of the 44th offered the following amendment:

Amend SR 140 by striking from line 21 of page 1 the words "to be appointed by the Governor who" and inserting in lieu thereof the following:
", four of whom shall be appointed by the Governor, four by the Lieutenant Governor, and four by the Speaker of the House of Representatives. The members".

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bowen rannon ro"n BQurton Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller
Garner Gillis Hammill ,,Harris Howard Huggins Johnson Kennedy Kidd Land Newbill Olmstead

Parker Peevy Perry Phillips Pollard
Ragan of 10th Ragan of 32nd Ray S,, cott of,. ,,2nd, Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Langford McKenzie

Shumake

Timmons

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

THURSDAY FEBRUARY 16, 1989

841

SB 326. By Senators Starr of the 44th, Kennedy of the 4th, Allgood of the 22nd, Coverdell of the 40th and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial affairs by the Office of Planning and Budget, so as to require the Office of Planning and Budget to prepare an annual continuation budget report.

Senator Starr of the 44th offered the following amendment:

Amend SB 326 by striking from lines 20 and 21 of page 1 the words "Governor, through the Office of Planning and Budget, shall prepare and" and inserting in lieu thereof the words "Legislative Budget Office shall".
"the"B.y striking from line 23 of page 1 the word "a" and inserting in lieu thereof the word

By striking from line 23 of page 1 the word "report" and inserting in lieu thereof the words "as requested by state agencies".

On the adoption of the amendment, the yeas were 29, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Brannon
^CCloualryetomnan Collins Coverdell Deal Dean Echols Edge Engram

Fincher Foster Fuller Garner Gillis Harris Howard
JHKoeuh,ngnngseiondnsy Kidd Land
Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of loth Ragan of 32nd ^
SfQccootttt oo,ff 23n6dth, Starr Stumbaugh
Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Broun Dawkins

English Hammill

Shumake Walker

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

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JOURNAL OF THE SENATE

HB 474. By Representatives Dover of the llth, Twiggs of the 4th, Crosby of the 150th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible personal prop erty and on certain services.
Senate Sponsor: Senator Turner of the 8th.
The Senate Committee on Banking and Finance offered the following substitute to HB
474:
A BILL
To be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible personal property and on certain services; to state legislative intent with respect to use of tax proceeds; to provide for exemptions for certain food with respect to the levy or imposition of sales and use taxation; to change certain provisions relating to exemptions with respect to the levy or imposition of sales and use taxes; to provide for application of sales and use taxes with respect to certain sales of motor fuels; to provide for conforming changes with respect to imposition of taxes, collection from dealers, disposition of certain excess taxes, compensation of dealers for re porting and paying taxes, and payment of taxes by certain contractors; to provide that cer tain exemptions from the state sales and use tax shall not be applicable to the joint county and municipal sales and use tax or to the special county 1 percent sales and use tax and certain other local sales and use taxes; to delete provisions relating to the automatic repeal of the special purpose county local sales and use tax; to delete provisions limiting the maxi mum aggregate amount of taxes levied on rooms, lodgings, and accommodations furnished to the public; to provide for other matters relative to the foregoing; to state legislative in tent; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. It is the intention of the General Assembly that the revenue generated by the increase in the state sales and use tax provided for in this Act shall be used in part for general governmental purposes and in part for grants of funds to political subdivisions of the state to provide ad valorem tax relief. The General Assembly recognizes and intends that all such revenue is to be paid into the general fund of the state treasury and subject to the normal budgetary and appropriations process, but it is the intention of the General Assembly that a portion of such revenue shall be appropriated to fund such grants for ad valorem tax relief purposes.
Section 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraph (43) of Code Section 48-8-3, relating to exemp tions regarding the state sales and use tax, which reads as follows:
"(43) Sales of motor fuels as defined in paragraph (9) of Code Section 48-9-2 except motor fuel other than gasoline purchased for purposes other than propelling motor vehicles on public highways as defined in Article 1 of Chapter 9 of this title;",
and inserting in its place a new paragraph (43) to read as follows:
"(43) Reserved;"
Section 3. Said title is further amended by striking "or" at the end of paragraph (52), by striking the period at the end of paragraph (53) and inserting in its place "; or", and by adding a new paragraph immediately following paragraph (53) of Code Section 48-8-3, relat ing to exemptions regarding the state sales and use tax, to be designated paragraph (54), to read as follows:
"(54) (A) The retail sale, use, or consumption of any food for domestic home consump-

THURSDAY FEBRUARY 16, 1989

843

tion as defined by the federal food stamp program in Section 3 of the federal Food Stamp Act of 1977, as amended, 7 U.S.C.A. 2012(g). The exemption provided for in this paragraph shall not apply to retail sales or sales at retail of food transacted at any food service estab lishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products, including restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places which manufacture, wholesale, or retail sandwiches or salads; soda fountains; institutions, both public and private; food carts; itiner ant restaurants; industrial cafeterias; catering establishments; food vending machines and vehicles and operations connected therewith; and similar facilities by whatever name called.
(B) The exemption provided for in subparagraph (A) of this paragraph shall not apply with respect to any local sales tax, local use tax, or local sales and use tax which is first levied or imposed before January 1, 1991, but shall apply with respect to any such tax which is first levied or imposed on or after January 1, 1991. For the purposes of this subparagraph, the taxes affected are any sales tax, use tax, or sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursu ant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; or by or pursuant to Article 3 of this chapter. In addition, for purposes only of a reference to the state tax or this article in the laws imposing such local sales and use taxes, the state sales and use tax levied or imposed by this article shall be deemed not to include the exemption provided for in subparagraph (A) of this paragraph, notwithstanding any provision to the contrary in the laws imposing such taxes. For the purposes of this subpara graph, a tax shall be considered to be levied or imposed on or after January 1, 1991, if: (i) the same tax or a similar tax was imposed prior to that date; (ii) the tax imposed prior to that date, under the terms of the law authorizing the tax, expires on or after January 1, 1991; and (iii) the same or a similar tax is on or after such expiration reimposed on or after January 1, 1991, with or without any intervening period of time."
Section 4. Said title is further amended by adding a new Code section immediately following Code Section 48-8-3, to be designated Code Section 48-8-3.1, to read as follows:
"48-8-3.1. (a) Except as provided in subsection (b) of this Code section, sales of motor fuels as defined in paragraph (9) of Code Section 48-9-2 shall be exempt from the first 3 percent of the sales and use taxes levied or imposed by this article and shall be subject to the remaining 1 percent of the sales and use taxes levied or imposed by this article.
(b) Sales of motor fuel other than gasoline which motor fuel other than gasoline is pur chased for purposes other than propelling motor vehicles on public highways as defined in Article 1 of Chapter 9 of this title shall be fully subject to the 4 percent sales and use taxes levied or imposed by this article unless otherwise specifically exempted by this article."
Section 5. Said title is further amended by striking Code Section 48-8-30, relating to the imposition of the state sales and use tax, and inserting in its place a new Code Section 48-830 to read as follows:
"48-8-30. (a) There is levied and imposed a tax on the retail purchase, retail sale, rental, storage, use, or consumption of tangible personal property and on the services described in this article.
(b) (1) Every purchaser of tangible personal property at retail in this state shall be liable for a tax on the purchase at the rate of 4 percent of the sales price of the purchase. The tax shall be paid by the purchaser to the retailer making the sale, as provided in this article. The retailer shall remit the tax to the commissioner as provided in this article and, when received by the commissioner, the tax shall be a credit against the tax imposed on the retailer. Every person making a sale or sales of tangible personal property at retail in this state shall be a retailer and a dealer and shall be liable for a tax on the sale at the rate of 4 percent of the gross sale or gross sales, or the amount of taxes collected by him from his purchaser or purchasers, whichever is greater.

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(2) No retail sale shall be taxable to the retailer or dealer which is not taxable to the purchaser at retail.
(c) Upon the first instance of use, consumption, distribution, or storage within this state of tangible personal property purchased at retail outside this state, the owner or user of the property shall be a dealer and shall be liable for a tax at the rate of 4 percent of the cost price or fair market value of the property, whichever is the lesser. This subsection shall not be construed to require a duplication in the payment of the tax. The tax imposed by this subsection shall be subject to the credit otherwise granted by this article for like taxes pre viously paid in another state.
(d) (1) Every person to whom tangible personal property in the state is leased or rented shall be liable for a tax on the lease or rental at the rate of 4 percent of the gross lease or rental charge. The tax shall be paid to the person who leases or rents the property by the person to whom the property is leased or rented. A person who leases or rents property to others as a dealer under this article shall remit the tax to the commissioner as provided in this article. When received by the commissioner, the tax shall be a credit against the tax imposed on the person who leases or rents the property to others. Every person who leases or rents tangible personal property in this state to others shall be a dealer and shall be liable for a tax on the lease or rental at the rate of 4 percent of the gross lease or rental proceeds, or the amount of taxes collected by him from persons to whom he leases or rents tangible personal property, whichever is greater.
(2) No lease or rental shall be taxable to the person who leases or rents tangible prop erty to another which is not taxable to the person to whom the property is leased or rented.
(3) The lessee of both taxable and exempt property in this state under a single lease agreement containing a lease period of ten years or more shall have the option to discharge in full all sales and use taxes imposed by this article relating to the tangible personal prop erty by paying in a lump sum 4 percent of the fair market value of the tangible personal property at the date of inception of the lease agreement in the same manner and under the same conditions applicable to sales of the tangible personal property.
(e) Upon the first instance of use within this state of tangible personal property leased or rented outside this state, the person to whom the property is leased or rented shall be a dealer and shall be liable for a tax at the rate of 4 percent of the rental charge paid to the person who leased or rented the property, subject to the credit authorized for like taxes previously paid in another state.
(f) (1) Every person purchasing or receiving any service within this state, the purchase of which is a retail sale, shall be liable for tax on the purchase at the rate of 4 percent of the gross charge or charges made for the purchase. The tax shall be paid by the person purchas ing or receiving the service to the person furnishing the service. The person furnishing the service, as a dealer under this article, shall remit the tax to the commissioner as provided in this article; and, when received by the commissioner, the tax shall be a credit against the tax imposed on the person furnishing the service. Every person furnishing a service, the purchase of which is a retail sale, shall be a dealer and shall be liable for a tax on the sale at the rate of 4 percent of the gross charge or charges made for furnishing the service, or the amount of taxes collected by him from the person to whom the service is furnished, which ever is greater.
(2) No sale of services shall be taxable to the person furnishing the service which is not taxable to the purchaser of the service.
(g) Whenever a purchaser of tangible personal property under subsection (b) of this Code section, a lessee or renter of the property under subsection (d) of this Code section, or a purchaser of tangible services under subsection (f) of this Code section does not pay the tax imposed upon him to the retailer, lessor, or dealer who rents involved in the taxable transaction, the purchaser, lessee, or renter shall be a dealer himself and the commissioner, whenever he has reason to believe that a purchaser or lessee has not so paid the tax, may assess and collect the tax directly against and from the purchaser, lessee, or renter, unless

THURSDAY FEBRUARY 16, 1989

845

the purchaser, lessee, or renter shows that the retailer, lessor, or dealer who rents involved in the transaction has nevertheless remitted to the commissioner the tax imposed on the transaction. If payment is received directly from the purchaser, it shall not be collected a second time from the retailer, lessor, or dealer who rents involved.
(h) The tax imposed by this Code section shall be collected from the dealer and paid at the time and in the manner provided in this article. Any person engaging or continuing in business as a retailer and wholesaler or jobber shall pay the tax imposed on the gross pro ceeds of retail sales of the business at the rate specified when proper books are kept showing separately the gross proceeds of sales for each business. If the records are not kept sepa rately, the tax shall be paid as a retailer or dealer on the gross sales of the business.
(1) The tax levied by this Code section is in addition to all other taxes, whether levied in the form of excise, license, or privilege taxes, and shall be in addition to all other fees and taxes levied."
Section 6. Said title is further amended by striking Code Section 48-8-32, relating to collection of the tax from dealers, and inserting in its place a new Code Section 48-8-32 to read as follows:
"48-8-32. The tax at the rate of 4 percent of the retail sales price at the time of sale or 4 percent of the cost price at the time of purchase, as the case may be, shall be collectable from all persons engaged as dealers in the sale at retail, or in the use, consumption, distribu tion, or storage for use or consumption in this state of tangible personal property."
Section 7. Said title is further amended by striking Code Section 48-8-43, relating to disposition of certain excess taxes, and inserting in its place a new Code Section 48-8-43 to read as follows:
"48-8-43. When the tax collected for any period is in excess of 4 percent, the total tax collected shall be paid over to the commissioner less the compensation to be allowed the dealer."
Section 8. Said title is further amended by striking subsection (b) of Code Section 48-849, relating to dealers' sales and use tax returns and estimated tax liabilities, and inserting in its place a new subsection (b) to read as follows:
"(b) As used in this subsection, the term 'estimated tax liability' means a dealer's tax liability, adjusted to account for any subsequent change in the state sales and use tax rate, based on his average monthly payments for the last fiscal year or his payment for the corre sponding month of the last fiscal year. If the estimated tax liability of a dealer for any taxable period exceeds $2,500.00, the dealer shall file a return and remit to the commis sioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsec tion (a) of this Code section. This subsection shall not apply to any dealer unless during the previous fiscal year the dealer's monthly payments exceeded $2,500.00 per month for three consecutive months or more. No local sales taxes shall be included in determining any esti mated tax liability."
Section 9. Said title is further amended by striking subsection (d) of Code Section 48-863, relating to payment of the tax by certain contractors, and inserting in its place a new subsection (d) to read as follows:
"(d) (1) Any person who subcontracts with a general or prime contractor shall be liable under this article as a general or prime contractor. The general or prime contractor shall withhold up to 4 percent of the payments due the subcontractor arising out of the contract entered into between the general and prime contractor in satisfaction of any sales or use taxes owed this state.
(2) The prime or general contractor shall withhold payments as provided in paragraph (1) of this subsection until the subcontractor furnishes him with a certificate issued by the commissioner showing that all sales taxes accruing by reason of the contract between the

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JOURNAL OF THE SENATE

subcontractor and the general or prime contractor have been paid and satisfied. If the prime or general contractor for any reason fails to withhold up to 4 percent of the payments due the subcontractor under their contract, he shall become liable for any sales or use taxes due or owed this state by the subcontractor."
Section 10. Said title is further amended by striking Code Section 48-8-82, relating to the imposition and applicability of the joint county and municipal sales and use tax, and inserting in its place a new Code Section 48-8-82 to read as follows:
"48-8-82. When the imposition of a joint county and municipal sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district and each qualified municipality located wholly or partially within the special district shall levy a joint sales and use tax at the rate of 1 percent. Except as to rate, the joint tax shall corre spond to the tax imposed and administered by Article 1 of this chapter. No item or transac tion which is not subject to taxation by Article 1 of this chapter shall be subject to the tax levied pursuant to this article, except that the joint tax provided in this article shall be applicable to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be applicable to the sale of any food only to the extent provided for in paragraph (54) of Code Section 48-8-3."
Section 11. Said title is further amended by striking Code Section 48-8-110, relating to the imposition and applicability of the special county 1 percent sales and use tax, and in serting in its place a new Code Section 48-8-110 to read as follows:
"48-8-110. The governing authority of any county in this state may, subject to the re quirement of referendum approval and the other requirements of this article, impose within the county a special sales and use tax for a limited period of time. Any tax imposed under this article shall be at the rate of 1 percent. Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transac tion which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be applicable to the sale of any food only to the extent provided for in paragraph (54) of Code Section 48-8-3."
Section 12. Said title is further amended by repealing in its entirety Code Section 48-8122 which reads as follows:
"48-8-122. This article shall be repealed upon the first day of July of the calendar year following the calendar year during which an Act increasing the current 3 percent state sales and use tax to a rate in excess of 3 percent is approved by the Governor or becomes law without such approval. Likewise, this article shall be repealed upon the first day of July of the calendar year following the calendar year during which any proposed amendment to the Constitution increasing the current 3 percent state sales and use tax to a rate in excess of 3 percent is adopted by the General Assembly for submission to the voters. On and after the effective date of any such automatic repeal no county shall adopt any resolution or ordi nance calling for the imposition of the tax authorized by this article. With respect to taxes imposed under this article prior to such date of repeal, and with respect to proceedings for the imposition of taxes under this article which proceedings are commenced prior to such date of repeal, the provisions of this article shall continue to control until such previously imposed taxes, previously commenced proceedings, and taxes resulting from such previously commenced proceedings are terminated according to the provisions of this article."
Section 13. Said title is further amended in Code Section 48-13-51, relating to local excise taxation of rooms, lodgings, and accommodations, by:
(1) Striking from the last sentence of paragraph (1) of subsection (a) the following:
", nor shall the aggregate amount of taxes levied upon the fees or charges for any rooms, lodgings, or accommodations exceed 8 percent of the charge to the public for the furnishings";

THURSDAY FEBRUARY 16, 1989

847

(2) Striking from the first sentence of paragraph (3) of subsection (a) the following:
", and the aggregate amount of all taxes may be up to 10 percent";
(3) Striking from the first sentence of paragraph (4) of subsection (a) the following:
", and the aggregate amount of all taxes may be up to 11 percent";
(4) Striking from the first sentence of paragraph (5) of subsection (a) the following:
", and the aggregate amount of all taxes may be up to 12 percent"; and
(5) Striking from the first and second sentences of paragraph (7) of subsection (a) the following:
" 'aggregate taxes' and 'the aggregate amount of all taxes' shall mean all excise taxes, sales and use taxes, and other taxes imposed by a county or municipality, or both, which are imposed directly upon the transactions identified in paragraph (1) of this subsection. The terms".
Section 14. In the event that any other Act of the 1989 General Assembly amends Arti cle 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, it is the intention of the General Assembly that the provisions of such other Act control over the provisions of this Act, except that it is the intention of the General Assembly that the increase in the rate of state sales and use taxation provided for in this Act shall not operate to decrease the maximum rate of taxes which may be imposed by local governments under said article as now existing or as it may be amended; and for this limited purpose, the provisions of this Act and particularly of this statement of intent shall control over the provisions of such other Act, notwithstanding any limitation on maximum aggregate amounts of taxation which may be contained in such other Act.
Section 15. This Act shall become effective on April 1, 1989.
Section 16. 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 Loyce W. Turner, Chairman

Senate Banking and Finance Committee

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 13, 1989

SUBJECT: Fiscal Note--House Bill 474 (Senate Committee Substitute) (LC 14 5254S) Sales and Use Tax--Rate Increase and Food Exemption

This Bill would increase the general state sales and use tax by one percent (from three percent to four percent), impose a general state sales and use tax of one percent upon the sale of motor fuels, and exempt food for domestic home consumption (as defined in the Bill) from state sales and use taxation. Such food would remain subject to any applicable local sales and use taxation. However, the food exemption would apply to any new local sales and use taxation implemented on or after January 1, 1991. If enacted, this Bill would become effective April 1, 1989.

The estimated net impact of this Bill upon state revenues for Fiscal Years 1989 and 1990 is shown in the following table. (The estimates of sales of food in Georgia are based

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upon the Survey of Consumer Expenditure conducted by the U.S. Bureau of Labor Statistics.)

Provision

Fiscal Year 1989

Fiscal Year 1990

1% Increase In General State Sales and Use Tax
1% General State Sales and Use Tax on Motor Fuels
Food Exemption

$ 86 million
5 million (49) million

$ 654 million
$ 33 million (316) million

Net Revenue Increase

$ 42 million $ 371 million

It should be noted that these estimates are predicated on implementation effective April 1, 1989. There is some question as to whether or not regulations and forms can be prepared in time to effect implementation by such date.

/a/ G. W. Hogan State Auditor

/a/ C. T. Stevens Director, Office of Planning and Budget

Senators Barnes of the 33rd, Ragan of the 32nd and Clay of the 37th offered the follow ing amendment:

Amend the substitute to HB 474 offered by the Senate Committee on Banking and Finance by adding after the semicolon on line 20 of page 1 the following:
"to change provisions relating to purposes for which the proceeds of the special purpose county local sales and use tax may be used;".
By adding between Sections 11 and 12 a new Section 11.1 to read as follows:
"Section 11.1. Said title is further amended by striking subparagraph (a)(l)(E) of Code Section 48-8-111, relating to the imposition and purposes of the special purpose county sales and use tax, and inserting in its place a new subparagraph to describe a purpose for which proceeds of the tax may be used and to read as follows:
'(E) A capital outlay project or projects consisting of one or more cultural facilities, recreational facilities, or historic facilities (or one or more facilities for some combination of such purposes);' ".
By adding immediately before the period on line 11 of page 15 the following:
', except that Section 11.1 of this Act shall become effective upon approval of this Act by the Governor or upon this Act's becoming law without such approval."

Senator Coverdell of the 40th offered the following substitute to HB 474:

A BILL
To be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to increase the excise tax on distilled spirits and alcohol for a certain period of time; to increase the excise tax on malt beverages for a certain period of time; to increase the excise tax on wines for a certain period of time; to amend Code Section 48-11-2 of the Official Code of Georgia Annotated, relating to the excise tax on cigars and cigarettes, so as to increase said excise tax for a certain period of time; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.

THURSDAY FEBRUARY 16, 1989

849

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
Section 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic bever ages, is amended by striking Code Section 3-4-60, relating to the excise tax on distilled spirits and alcohol, in its entirety and substituting in lieu thereof a new Code Section 3-4-60 to read as follows:
"3-4-60. The following state taxes are levied and imposed:
(1) There shall be imposed upon the first sale, use, or final delivery within this state of all distilled spirits an excise tax in the amount of $1.00 per liter and, upon the first sale, use, or final delivery within this state of all alcohol, an excise tax in the amount of $1.20 per liter, and a proportionate tax at the same rate on all fractional parts of a liter;
(2) There shall be imposed upon the importation for use, consumption, or final delivery into this state of all distilled spirits an import tax in the amount of $1.00 per liter and, upon the importation for use, consumption, or final delivery into this state of all alcohol, an im port tax in the amount of $1.20 per liter, and a proportionate tax at the same rate on all fractional parts of a liter; and
(3) All alcohol spirits manufactured within this state for sale within this state shall be made from Georgia grown products."
Section 2. Said title is further amended by striking paragraph (2) of Code Section 3-560, relating to the excise tax on malt beverages, and inserting in lieu thereof a new para graph (2) to read as follows:
"(2) Where malt beverages are sold in bottles, cans, or other containers, except barrel or bulk containers, an excise tax of 8VH per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces; and".
Section 3. Said title is further amended by striking subsections (c) and (d) of Code Section 3-6-50, relating to the excise tax on wines, in their entirety and substituting in lieu thereof new subsections (c) and (d) to read as follows:
"(c) There shall be levied and imposed upon the first sale, use, or final delivery within this state of all dessert wines an excise tax in the amount of 57<C per liter and a proportion ate tax at the same rate on all fractional parts of a liter.
(d) There shall be levied and imposed upon the importation for use, consumption, or final delivery into this state of all dessert wines an import tax in the amount of 88<t per liter and a proportionate tax at the same rate on all fractional parts of a liter."
Section 4. Code Section 48-11-2 of the Official Code of Georgia Annotated, relating to the excise tax on cigars and cigarettes, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) An excise tax, in addition to all other taxes of every kind imposed by law, is im posed upon the sale, receipt, purchase, possession, consumption, handling, distribution, or use of cigars and cigarettes in this state at the following rates:
(1) Little cigars weighing not more than three pounds per thousand: three mills each;
(2) All other cigars: 15 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances;
(3) Cigarettes: 20<C per pack of 20 cigarettes and a like rate, pro rata, for other size packages."
Part 2
Section 5. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic bever ages, is amended by striking Code Section 3-4-60, relating to the excise tax on distilled

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spirits and alcohol, in its entirety and substituting in lieu thereof a new Code Section 3-4-60 to read as follows:
"3-4-60. The following state taxes are levied and imposed:
(1) There shall be imposed upon the first sale, use, or final delivery within this state of all distilled spirits an excise tax in the amount of 50$ per liter and, upon the first sale, use, or final delivery within this state of all alcohol, an excise tax in the amount of 700 per liter, and a proportionate tax at the same rate on all fractional parts of a liter;
(2) There shall be imposed upon the importation for use, consumption, or final delivery into this state of all distilled spirits an import tax in the amount of 500 per liter and, upon the importation for use, consumption, or final delivery into this state of all alcohol, an im port tax in the amount of 700 per liter, and a proportionate tax at the same rate on all fractional parts of a liter; and
(3) All alcohol spirits manufactured within this state for sale within this state shall be made from Georgia grown products."
Section 6. Said title is further amended by striking paragraph (2) of Code Section 3-560, relating to the excise tax on malt beverages, and inserting in lieu thereof a new para graph (2) to read as follows:
"(2) Where malt beverages are sold in bottles, cans, or other containers, except barrel or bulk containers, an excise tax of 4'/20 per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces; and".
Section 7. Said title is further amended by striking subsections (c) and (d) of Code Section 3-6-50, relating to the excise tax on wines, in their entirety and substituting in lieu thereof new subsections (c) and (d) to read as follows:
"(c) There shall be levied and imposed upon the first sale, use, or final delivery within this state of all dessert wines an excise tax in the amount of 270 per liter and a proportion ate tax at the same rate on all fractional parts of a liter.
(d) There shall be levied and imposed upon the importation for use, consumption, or final delivery into this state of all dessert wines an import tax in the amount of 400 per liter and a proportionate tax at the same rate on all fractional parts of a liter."
Section 8. Code Section 48-11-2 of the Official Code of Georgia Annotated, relating to the excise tax on cigars and cigarettes, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) An excise tax, in addition to all other taxes of every kind imposed by law, is im posed upon the sale, receipt, purchase, possession, consumption, handling, distribution, or use of cigars and cigarettes in this state at the following rates:
(1) Little cigars weighing not more than three pounds per thousand: two mills each;
(2) All other cigars: 13 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances;
(3) Cigarettes: 120 per pack of 20 cigarettes and a like rate, pro rata, for other size packages."
Part 3
Section 9. Part 1 of this Act shall become effective on July 1, 1989.
Section 10. Part 2 of this Act shall become effective on January 1, 1991.
Section 11. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY FEBRUARY 16, 1989

851

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 Paul D. Coverdell

State Senator

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 16, 1989

SUBJECT: Fiscal Note--House Bill 474 (Substitute) (LC 7 7319S) State Excise and Import Tax Increase: Alcohol and Tobacco Products

This Bill would increase the state excise tax charged on the following alcohol and to bacco products by the following amounts: distilled spirits ($.50 per liter), alcohol ($.50 per liter), malt beverages ($.04 per 12 ounces), wine ($.30 per liter), little cigars (1 mill each), all other cigars (two percent of wholesale cost), and cigarettes ($.08 per pack of 20). In addition, the state import tax would be increased on distilled spirits ($.50 per liter), alcohol ($.50 per liter), and wine ($.48 per liter). If enacted, these tax increases would become effective July 1, 1989 and would remain in effect through December 31, 1990. On January 1, 1991, the in creased excise and import taxes would revert back to rates existing prior to this Bill's enactment.

Should this Bill become law, the tax liabilities of wholesalers and distributors of dis tilled spirits, malt beverages, wines, and of cigars and cigarettes would be increased in Fiscal Years 1989, 1990, and 1991. In Fiscal Year 1989 tax revenues would be boosted slightly as consumers and dealers increased their purchases in advance of the announced date of raised tax rates. In Fiscal Year 1990, tax revenues would rise by approximately $104 million as the higher tax rates take effect. Revenues from distilled spirits would increase by approximately $26 million, from malt beverages by approximately $36 million, from wines by approxi mately $2 million, and from cigars and cigarettes by approximately $40 million. In Fiscal Year 1991, tax revenues would grow by $64 million more than should otherwise have been expected before tax rates are lowered at midyear.

/s/ G. W. Hogan State Auditor

/s/ C. T. Stevens Director, Office of Planning and Budget

On the adoption of the amendment offered by Senator Barnes of the 33rd, Ragan of the 32nd and Clay of the 37th, the yeas were 48, nays 0, and the amendment to the substitute to HB 474 offered by the Senate Committee on Banking and Finance was adopted.

On the adoption of the substitute to HB 474 offered by the Senate Committee on Bank ing and Finance, Senator Howard of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bowen Brannon Broun

Coleman Dawkins Deal Dean Echols English

Engram Foster Fuller Gillis Hammill Harris

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Howard Huggins Johnson KKiedndnedy
Langford McKenzie Olmstead

Parker Perry Pollard RRaaygan of 10th
Scott of 2nd Scott of 36th Starr

Stumbaugh Tate Taylor TTiimmmmon=s
Turner Tysinger Walker

Those voting in the negative were Senators:

Albert Barnes Burton Clay Collins

Coverdell Edge Fincher Garner Land

Newbill pee
PhllliPs Ragan of 32nd

Not voting was Senator Shumake.

On the adoption of the substitute offered by the Senate Committee on Banking and Finance, the yeas were 41, nays 14, and the substitute was adopted as amended.

The President announced that since the substitute to HB 474 offered by the Senate Committee on Banking and Finance was adopted as amended, the substitute offered by Senator Coverdell of the 40th became moot.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bowen Brannon BC._, oro,leumn an Dawkins Deal Dean
Echols
English
Engram

Foster Fuller Gillis Hammill Harris HTHTuogwgairnds Johnson Kennedy Kidd
Langford
McKenzie
Olmstead

Parker Pollard Ragan of 10th j^ay Scott of 2nd Q,,Sco.t.t ofe 3QC6t,,h 5,tarr late Taylor
Timmons
Turner
Walker

Those voting in the negative were Senators:

Albert Barnes BCluaryton
Collins
Coverdell

Edge Fincher GLaanrnder
Newbill
Peevy

Perry Phillips DRa.TMga.n, ,,of
Stumbaugh
Tysinger

Not voting was Senator Shumake.

THURSDAY FEBRUARY 16, 1989

853

On the passage of the bill, the yeas were 38, nays 17.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Tate of the 38th introduced Angela W. Bray who was commended by SR 118, adopted previously.
Senator Baldwin of the 29th introduced the doctor of the day, Dr. Harper Gaston, of Atlanta, Georgia.
Senator Allgood of the 22nd moved that the Senate stand in recess until 2:30 o'clock P.M. today, and the motion prevailed.
At 1:09 o'clock P.M., the President announced the Senate would stand in recess until 2:30 o'clock P.M.
At 2:30 o'clock P.M., the President called the Senate to order.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 218. By Senators Johnson of the 47th, Peevy of the 48th, Howard of the 42nd and Edge of the 28th: A bill to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to criminal abuse of governmental office, so as to provide for the criminal offense of extortion by public office; to state legislative intent; to provide for penalties; to provide an effective date.
The Senate Committee on Judiciary offered the following substitute to SB 218:
A BILL
To be entitled an Act to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to criminal abuse of governmental office, so as to provide for the criminal offense of extortion by public office; to state legislative intent; to provide for definitions; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to criminal abuse of governmental office, is amended by adding at the end thereof a new Code Section 16-10-10 to read as follows:
"16-10-10. (a) It is the intent of this Code section to prohibit the wrongful use of public office or official power to obtain undue personal benefits to the officeholder by affording the citizens of Georgia state enforced protection parallel to that found in the federal Hobbs Act, 18 U.S.C. Section 1951, as amended.
(b) A person who is a public official, elected or appointed, including any employee, of any state, county, municipal, regional, consolidated, or local governmental agency, authority, board, commission, department, instrumentality, or other entity commits the offense of ex tortion by public office when:
(1) He obtains property of substantial value, as such term is defined in this Code sec tion, from another person, with such other person's consent, when such other person or anyone for whom he is acting could be harmed or benefited by the official action or inaction of the public official, and the public official has knowledge of such potential for harm or benefit;

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(2) Such property is not legally due or payable to the public official in his official capac ity or in his capacity as a candidate for public office; and
(3) The giving of such property has been induced, expressly or impliedly, by the public official under color or pretense of public office.
(c) For purposes of this Code section, the term 'property of substantial value" means any thing or benefit of an aggregate value or nature which reasonably could affect the public official's exercise of his official duties.
(d) A person convicted of the offense of extortion by public office shall be fined not more than $10,000.00 or imprisoned not less than one nor more than ten years, or both."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Broun Burton Clay Collins Coverdell Dawkins Dean Echols Edge

English Engram Fincher Foster Gillis Hammill Harris Howard Huggins Johnson Kennedy Land Langford McKenzie

Newbill Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Stumbaugh Taylor Turner Tysinger

Those voting in the negative were Senators:

Brannon Fuller

Kidd Olmstead

Tate Walker

Those not voting were Senators:

Barnes Coleman Deal

Garner Scott of 36th Shumake

Starr Timmons

On the passage of the bill, the yeas were 42, nays 6.

The bill, having received the requisite constitutional majority, was passed by substitute.

THURSDAY FEBRUARY 16, 1989

855

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate substitute to the following bill of the House:
HB 118. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Hooks of the 116th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19881989 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1988-1989.
The House has disagreed to the Senate amendment to the following bill of the House:
HB 285. By Representative Hudson of the 117th: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definition of "game fish"; to change the provisions relating to sale of fish by commercial fish hatcher ies; to change the provisions relating to the licensing of wholesale and retail fish dealers.
Senator Kennedy of the 4th moved that Senator Coleman of the 1st be excused from all roll calls in the Senate for the remainder of the day due to his being absent from the Senate because of illness in his family.
On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Coleman of the 1st was excused from all roll calls in the Senate for the remainder of the day.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 118. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19881989 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1988-1989.
Senator Kennedy of the 4th moved that the Senate insist upon the Senate substitute to HB 118.
On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 118.
The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:
SB 104. By Senator Kidd of the 25th: A bill to amend Code Section 15-9-15 of the Official Code of Georgia Annotated, relating to The Council of Probate Court Judges of Georgia, so as to provide that under certain conditions such council may contract with a member of the council for the production of certain material and compensate said member for the pro duction of such material.

856

JOURNAL OF THE SENATE

The House amendment was as follows:

Amend SB 104 by adding on line 17 of page 1, after the word "with" and preceding the word "any", the following:
"a person or firm including".

Senator Kidd of the 25th moved that the Senate agree to the House amendment to SB 104.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Broun Burton Clay Collins Coverdell Dawkins Dean Echols Edge English Engram

Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard R^^ of loth Ragan of 32nd R Scott of 2nd
of 36th
btumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Barnes Coleman (excused)

Deal Garner

Shumake Timmons

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 104.

Senator Scott of the 2nd moved that the following bill of the House, having been passed previously today, be immediately transmitted to the House:

HB 474. By Representatives Dover of the llth, Twiggs of the 4th, Crosby of the 150th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible personal prop erty and on certain services.

On the motion, the yeas were 44, nays 1; the motion prevailed, and HB 474 was imme diately transmitted to the House.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 224. By Senator Allgood of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that automobile insurance poli-

THURSDAY FEBRUARY 16, 1989

857

cies that provide comprehensive coverage shall provide complete coverage for re pair or replacement of certain damaged safety equipment without regard to any deductible or minimum amount; to provide for definitions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Bowen English Fincher

Foster Garner Gillis Harris Huggins Kennedy

Kidd Langford Parker Peevy Ray Scott of 36th

Those voting in the negative were Senators:

Baldwin Brannon Broun Burton Clay Collins Coverdell Dawkins Dean Echols Edge

Engram Fuller Hammill Howard Johnson Land McKenzie Newbill Olmstead Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Starr Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Barnes Coleman (excused)

Deal Shumake

Stumbaugh Timmons

On the passage of the bill, the yeas were 18, nays 32.

The bill, having failed to receive the requisite constitutional majority, was lost.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:

HB 118. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Hooks of the 116th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19881989 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1988-1989.

858

JOURNAL OF THE SENATE

The Speaker has appointed on the part of the House, Representatives Coleman of the 118th, Walker of the 115th and McDonald of the 12th.
The House has disagreed to the Senate substitute to the following bill of the House:
HB 474. By Representatives Dover of the llth, Twiggs of the 4th, Crosby of the 150th, Royal of the 144th, Barnett of the 10th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible personal prop erty and on certain services.
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 291. By Senators Fuller of the 52nd, Kidd of the 25th and Barnes of the 33rd:
A bill to amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of billiard rooms, so as to extensively revise said chap ter; to provide for definitions; to repeal a provision relating to the authority of local governing authorities to license and regulate billiard rooms; to provide qual ifications for persons operating billiard rooms.
The Senate Committee on Governmental Operations offered the following substitute to SB 291:
A BILL
To be entitled an Act to amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of billiard rooms, so as to extensively revise said chap ter; to provide for definitions; to repeal a provision relating to the authority of local gov erning authorities to license and regulate billiard rooms; to provide qualifications for per sons operating billiard rooms; to repeal a provision relating to the filing of applications with the clerks of municipalities; to repeal a provision relating to certain affidavits and surety bonds; to authorize local governments to fix, levy, and collect license fees or business taxes or both for the operation of billiard rooms and to provide requirements relative thereto; to repeal a provision relative to partitions and screens in billiard rooms; to change the provi sions relative to the hours of operation of billiard rooms; to change the provisions relative to posting a placard; to change the provisions relating to the sale of alcoholic beverages on the premises of billiard rooms or places operated in connection therewith; to delete a provision prohibiting a billiard room from maintaining connections with a place where persons con sume alcoholic beverages; to change the provisions relating to inspections of billiard rooms and prosecutions for violations of chapter; to delete provisions relative to the authority of local governments to prohibit the operation of billiard rooms; to provide that local govern ments shall not be authorized to prohibit the operation of billiard rooms when they are operated in conformity with the requirements of said chapter and ordinances or resolutions of local governments; to provide for limitations on ordinances or resolutions of local govern ments; to repeal a provision authorizing counties or municipalities having a population of 100,000 or more according to the United States decennial census of 1970 or any future such census to exempt themselves from the requirements of said chapter; to change the provi sions relative to penalties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of billiard rooms, is amended by striking Code Section 43-8-1, relating to defi-

THURSDAY FEBRUARY 16, 1989

859

nitions, in its entirety and substituting in lieu thereof a new Code Section 43-8-1 to read as follows:
"43-8-1. As used in this chapter, the term:
(1) 'Area of operation* means the unincorporated area of the county in the case of coun ties and the territory located within the corporate limits of the municipality in the case of municipalities.
(2) 'Billiard room' means any public place where a person is permitted to play the game of billiards and for which a charge is made for use of equipment.
(3) 'Billiards' means any of the several games played on a table surrounded by an elas tic ledge of cushions with balls which are impelled by a cue and shall include all forms of the game known as 'carom billiards,' 'pocket billiards,' and 'English billiards.'
(4) 'Governing authority' means the official or group or body of officials of a county or municipality authorized to exercise the legislative powers of the county or municipality.
(5) 'Local government' means any county or municipality of this state."
Section 2. Said chapter is further amended by repealing Code Section 43-8-2, which reads as follows:
"43-8-2. The governing authority of each county in this state shall have the power to license the operation of billiard rooms in such county. The governing bodies of municipal corporations shall have the power to license and regulate by ordinance the operation of billiard rooms within their corporate limits.",
in its entirety and substituting in lieu thereof the following:
"43-8-2. Reserved."
Section 3. Said chapter is further amended by striking Code Section 43-8-3, relating to qualifications of applicants for the operation of billiard rooms, in its entirety and substitut ing in lieu thereof a new Code Section 43-8-3 to read as follows:
"43-8-3. No person shall be authorized or allowed by any local government to operate a billiard room unless the person is at least 21 years of age and a citizen of the United States who has never been convicted of a felony."
Section 4. Said chapter is further amended by repealing Code Sections 43-8-4 and 43-85, which read as follows:
"43-8-4. Before any person shall be authorized to conduct a billiard room in any munic ipal corporation, that person must, in addition to complying with this chapter, make appli cation to the clerk of such municipal corporation for a license; and the application shall certify that application has been made and a license granted to such applicant by the gov erning authority of the county.
43-8-5. (a) Every application for a license shall be accompanied by the affidavit of the applicant, sworn to before an officer authorized by law to administer oaths, stating that the applicant is a citizen of the United States; that he has not been convicted of a felony; that he will not permit vagrants or persons under the influence of intoxicating liquors to enter or play in his place; that the applicant will have personal charge and management of the busi ness; that he will not permit gambling nor permit the billiard tables to be used in any man ner other than as provided by law.
(b) There shall also be filed with the application a bond in the penal sum of $500.00 payable to the state and conditioned upon the faithful performance of all provisions of this chapter, signed by the applicant as principal and either a surety company or two individuals as securities, which bond shall be approved by the governing authority of the county and filed in his office.
(c) When the application and bond have been filed and approved, the governing author-

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ity of the county shall issue a license for the current year or unexpired portion thereof upon the payment of the license fees provided by law.
(d) If any licensee shall voluntarily relinquish personal supervision, management, and control of such billiard room, he shall surrender his license to the governing authority of the county, who may issue a new license to some other person to continue the business under this chapter, in which event credit shall be given for the unused portion of the surrendered license; but, if any licensee transfers or subleases the place of business to anyone or relin quishes management and control of the business without surrendering his license to the governing authority of the county for reissuance, the license shall be deemed to be forfeited, and the governing authority of the county must notify the sheriff of the county, who shall close the place of business.",
in their entirety and substituting in lieu thereof the following:
"43-8-4. Reserved.
43-8-5. Reserved."
Section 5. Said chapter is further amended by striking Code Section 43-8-6, relating to municipal fees and regulations, in its entirety and substituting in lieu thereof a new Code Section 43-8-6 to read as follows:
"43-8-6. The governing authority of any local government is authorized but not re quired to fix, levy, and collect a license fee or business tax or both for the operation of billiard rooms within its respective area of operation. If imposed, a license fee or business tax shall be fixed commensurate with license fees or business taxes fixed by the local govern ment for similar types of properties or businesses. A license fee or business tax shall not be fixed in an amount intended to curtail or prohibit the operation of billiard rooms. A license fee or business tax need not be separately imposed on a billiard room which is operated as a part of another business or business activity licensed by a local government."
Section 6. Said chapter is further amended by repealing Code Section 43-8-8, which reads as follows:
"43-8-8. No person who operates a billiard room shall permit any screens, curtains, blinds, partitions, or other obstructions to be used to prevent a clear view of the interior, which clear view must be maintained at all times. No partitions forming rooms, stalls, or other enclosures shall be permitted. However, this Code section shall not be construed to prohibit the maintenance of washrooms and toilet rooms for proper purposes nor the main tenance of closets for storage purposes exclusively.",
in its entirety and substituting in lieu thereof the following:
"43-8-8. Reserved."
Section 7. Said chapter is further amended by striking Code Section 43-8-9, relating to hours for the operation of billiard rooms, in its entirety and substituting in lieu thereof a new Code Section 43-8-9 to read as follows:
"43-8-9. It shall be unlawful for any person to operate a billiard room between the hours of 12:00 Midnight and 6:00 A.M. on Monday through Friday or from 2:00 A.M. through 6:00 A.M. on Saturday or Sunday or to permit any person to remain in such billiard room during such prohibited hours, except regular employees performing necessary labor on the premises. This Code section shall not make it unlawful for a business which includes a billiard room to operate during such prohibited hours provided such business does not per mit the use of the billiard room or billiard tables during such prohibited hours."
Section 8. Said chapter is further amended by striking Code Section 43-8-11, relating to the posting of a placard concerning the admission of minors in a billiard room, in its en tirety and substituting in lieu thereof a new Code Section 43-8-11 to read as follows:
"43-8-11. The operator of a billiard room shall post in the room where billiard tables

THURSDAY FEBRUARY 16, 1989

861

are operated a placard with the language of Code Section 43-8-10 conspicuously written thereon for the information of the partrons of the billiard room."
Section 9. Said chapter is further amended by striking Code Section 43-8-12, relating to restrictions and prohibitions concerning gambling and the sale of alcoholic beverages in bil liard rooms, in its entirety and substituting in lieu thereof a new Code Section 43-8-12 to read as follows:
"43-8-12. (a) No dice, cards, dominoes, or other games of chance shall be permitted, nor any form of gambling allowed, in any billiard room or in any other business place operated in connection therewith; and such games as Kelly pool, keno, pigeon pool, Parker pool, star pool, scrub, and similar gambling devices are prohibited. No racing or other betting pool shall be exhibited or sold in such place of business. The use of baseball tickers and the posting of results of sporting events is expressly prohibited in billiard rooms or in any place operated in connection therewith.
(b) The governing authority of the local government may permit or prohibit alcoholic beverages to be sold, served or allowed to be used in or on the premises of billiard rooms or any place operated in connection therewith except any prohibition so imposed cannot be more severe or restrictive than as outlined in subsection (c) of this Code section.
(c) The prohibition by a governing authority of the local government which prohibits alcoholic beverages from being sold, served, or allowed to be used in or on the premises of billiard rooms or any place operated in connection therewith shall not apply if such prem ises or establishment is an establishment which is authorized to sell alcoholic beverages and derives at least 50 percent of its total annual gross revenues from the sale of products or services other than alcoholic beverages."
Section 10. Said chapter is further amended by striking Code Section 43-8-13, relating to the prohibition of billiard rooms maintaining connections with certain places, in its en tirety and substituting in lieu thereof a new Code Section 43-8-13 to read as follows:
"43-8-13. It shall be unlawful for any billiard room to maintain connections with any place where gambling is conducted or where persons congregate for immoral purposes. It shall be unlawful for any operator of a billiard room to display or use the word 'pool' in or on any window, sign, building, stationery, or advertising matter used in connection with such place of business."
Section 11. Said chapter is further amended by striking Code Section 43-8-14, relating to the inspection of billiard rooms and prosecutions for violations of chapter, in its entirety and substituting in lieu thereof a new Code Section 43-8-14 to read as follows:
"43-8-14. It shall be the duty of the sheriff, police, or other constituted authorities to inspect all public billiard rooms in their respective jurisdictions for the purpose of ascertain ing whether or not the provisions of this chapter are being violated and to report all viola tions promptly to the appropriate prosecuting authority and furnish the prosecuting author ity with such information and assistance as is necessary for the prosecution of such violations."
Section 12. Said chapter is further amended by striking Code Section 43-8-15, which reads as follows:
"43-8-15. This chapter shall not be construed as authorizing the issuance of billiard room licenses by city officials or county governing authorities for the operation of public billiard rooms in any municipal corporation where the operation of a public billiard room is prohibited by local ordinance.",
in its entirety and substituting in lieu thereof a new Code Section 43-8-15 to read as follows:
"43-8-15. No local government shall be authorized to prohibit the operation of billiard rooms within its area of operation when such billiard rooms are operated in conformity with

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the provisions of this chapter and resolutions or ordinances of the local government. No resolution or ordinance of a local government shall:
(1) Authorize the doing of any act prohibited by this chapter or otherwise conflict with any provision of this chapter; or
(2) Impose requirements for the operation of billiard rooms which are more severe or restrictive than those imposed by the provisions of this chapter."
Section 13. Said chapter is further amended by repealing Code Section 43-8-16, which reads as follows:
"43-8-16. This chapter shall not apply in counties or municipalities having a population of 100,000 or more according to the United States decennial census of 1970 or any future such census if the governing body of any such county or municipality, by appropriate local ordinance or resolution, provides that this chapter shall not apply and, pursuant to its home rule authority, provides for the licensing and regulation by such county or municipality of billiard rooms located therein.",
in its entirety and inserting in lieu thereof the following:
"43-8-16. Reserved."
Section 14. Said chapter is further amended by striking Code Section 43-8-18, relating to penalties, in its entirety and substituting in lieu thereof a new Code Section 43-8-18 to read as follows:
"43-8-18. (a) Every person, firm, or corporation operating a billiard room in violation of any provision of this chapter shall be guilty of a misdemeanor. Each violation of a provision of this chapter shall constitute a separate offense and shall be punishable as such.
(b) Any person who has not reached the age of 18 who remains in a billiard room with out a permit or without being accompanied by a parent or guardian in accordance with Code Section 43-8-10, or who makes a false certificate as to his age, or who uses a forged permit shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $10.00, nor more than $25.00.
Section 15. All laws and parts of laws in conflict with this Act are repealed.

Senator Fuller of the 52nd offered the following amendment:

Amend the substitute to SB 291 offered by the Senate Committee on Govermental Op erations by adding following the word "or" on line 7, page 7, the following:
"from 2:00 A.M. through 12:00 Noon".

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Brannon Broun Clay Collins

Dawkins Dean Echols Edge

THURSDAY FEBRUARY 16, 1989

863

English Engram Fincher Foster Fuller GGialrlinser
Hammill Harris Howard
Huggins Johnson

Kidd Land Langford McKenzie Newbill OPelemvsytead
Perry Phillips Pollard
Ragan of 10th Ragan of 32nd

Ray Scott of 2nd Scott of 36th Shumake Starr Sc t, umb, augh,
Tate Taylor Turner
Tysinger Walker

Voting in the negative were Senators Burton and Parker.

Those not voting were Senators:

Barnes Bowen Coleman (excused)

Coverdell Deal

Kennedy (presiding) Timmons

On the passage of the bill, the yeas were 47, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

The President resumed the Chair.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 118. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19881989 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1988-1989.

Senator Starr of the 44th moved that the Senate adhere to the Senate substitute to HB 118, and that a Conference Committee be appointed.

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 118.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Starr of the 44th, Allgood of the 22nd and Kennedy of the 4th.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 474. By Representatives Dover of the llth, Twiggs of the 4th, Crosby of the 150th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible personal prop erty and on certain services.

864

JOURNAL OF THE SENATE

Senator Turner of the 8th moved that the Senate insist upon the Senate substitute to HB 474.

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 474.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 297. By Senator Allgood of the 22nd:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records for which public disclosure is not required, so as to provide that public disclosure is not required for certain records relating to the provision of staff services to individual members of the General Assembly by cer tain offices.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Brannon Broun Coverdell Dean Echols Edge English Engram Fincher Garner

Hammill Harris Howard Huggins Johnson Kidd Langford McKenzie Newbill Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Turner Tysinger Walker

Those voting in the negative were Senators:

Barker Burton

Clay Collins

Dawkins Land

Those not voting were Senators:

Barnes Coleman (excused) Deal Foster

Fuller Gillis Kennedy (presiding)

Shumake Tate Timmons

On the passage of the bill, the yeas were 40, nays 6.

The bill, having received the requisite constitutional majority, was passed.

THURSDAY FEBRUARY 16, 1989

865

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:

HB 474. By Representatives Dover of the llth, Twiggs of the 4th, Crosby of the 150th, Royal of the 144th, Barnett of the 10th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible personal prop erty and on certain services.

The Speaker has appointed on the part of the House, Representatives Dover of the llth, Smyre of the 92nd and Coleman of the 118th.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 322. By Senators Pollard of the 24th, Barnes of the 33rd, Dean of the 31st and Garner of the 30th:
A bill to amend Code Section 15-21-73 of the Official Code of Georgia Annotated, relating to additional penalties to be imposed in certain criminal and traffic cases and upon violation of a bond for the purpose of funding peace officer and prose cutor training, so as to change the provisions relating to the amount of such addi tional penalties.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker ^rnes Bwen
pi
ColLs Dawkins Deal Dean Echols Edge Engram

Fincher Fuller Garner Gillis Hammill Harris
Huggins Johnson
Kidd Land Langford McKenzie Newbill Olmstead Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th
Starr u u Stumbaugh Tate Taylor Turner Tysinger Walker

Voting in the negative were Senators Burton and Parker.

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JOURNAL OF THE SENATE

Those not voting were Senators:

Coleman (excused) Coverdell English

Foster Howard Kennedy (presiding)

Shumake Timmons

On the passage of the bill, the yeas were 46, nays 2.

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 474. By Representatives Dover of the llth, Twiggs of the 4th, Crosby of the 150th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible personal prop erty and on certain services.

Senator Turner of the 8th moved that the Senate adhere to the Senate substitute to HB 474, and that a Conference Committee be appointed.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 474.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Turner of the 8th, Allgood of the 22nd and Starr of the 44th.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

The following general resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption:

SR 110. By Senator Dawkins of the 45th:
A resolution creating the Joint Study Committee on Cost Display on State Publications.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun

Burton Clay Collins Dawkins Deal Dean Echols Edge

Engram Fuller Garner Hammill Harris Howard Huggins Johnson

THURSDAY FEBRUARY 16, 1989

867

Kidd Land Langford MXNTecwKbie_in'liilzie Olmstead
Parker Peevy

Perry Pollard Ragan of 10th RnRaagyan of 32nd Scott of 2nd
Scott of 36th Starr

Stumbaugh Tate Taylor rlpi.mmons
Turner Tysinger Walker

Those not voting were Senators:

Coleman (excused) Coverdell English

Fincher Foster Gillis

Kennedy (presiding) Phillips Shumake

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 116. By Senators Parker of the 15th, Scott of the 2nd, Deal of the 49th and others:

A RESOLUTION

Proposing an amendment to Article II, Section II, of the Constitution, so as to provide that persons convicted of certain crimes during the term of and relating to their office or appointment shall be ineligible to hold any office or appointment unless those persons are granted certain pardons; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article II, Section II, of the Constitution is amended by striking Paragraph III thereof, and inserting in its place a new Paragraph III to read as follows:

"Paragraph III. Persons not eligible to hold office, (a) Except as otherwise provided in subparagraph (b) of this Paragraph, no person who is not a registered voter or who has been convicted of a felony involving moral turpitude, unless that person's civil rights have been restored, or who is the holder of public funds illegally shall be eligible to hold any office or appointment of honor or trust in this state. Additional conditions of eligibility to hold office for persons elected on a write-in vote and for persons holding offices or appointments of honor or trust other than elected offices created by this Constitution may be provided by law.

(b) A person who holds any office or appointment of honor or trust in this state and who is convicted of any crime committed during the term of and relating to that office or appointment shall be ineligible to hold any office or appointment of honor or trust in this state, nowithstanding the grant of any pardon or restoration of civil rights to that person, unless a pardon for that crime is granted because that person is subsequently determined to be innocent of the crime. The General Assembly is authorized to establish by general law those federal and state crimes the conviction of which results in ineligibility pursuant to this subparagraph."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES

Shall the Constitution be amended so as to provide that persons convicted of certain crimes during the term of and relating to their office or appoint-

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JOURNAL OF THE SENATE

[ ] NO

ment shall be ineligible to hold any office or appointment unless those per sons are granted certain pardons?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes
Broun
Collm. s Dawkins Deal Dean Echols Edge English Engram Fincher

Fuller Garner Gillis Hammill
Harris
Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy

Perry Pollard Ragan of 32nd Rav
Scott of 2nd Scott of 36th SGhumake ^arr , , Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Bowen Brannon

Coleman (excused) Coverdell Foster

Kennedy (presiding) Phillips Ragan of 10th

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

Senator Allgood of the 22nd moved that the Senate stand in recess until 5:00 o'clock P.M. at which time the Senate would stand adjourned, pursuant to HR 278 adopted previ ously, until 10:00 o'clock A.M. on Monday, February 20; the motion prevailed.

At 3:34 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess until 5:00 o'clock P.M. at which time the Senate would stand adjourned, pursuant to HR 278, adopted previously, until 10:00 o'clock A.M. on Monday, February 20.

MONDAY, FEBRUARY 20, 1989

869

Senate Chamber, Atlanta, Georgia Monday, February 20, 1989
Twenty-seventh Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the proceedings of Thursday, February 16, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 573. By Representative Martin of the 26th: A bill to amend an Act providing for urban enterprise zones in the City of At lanta, so as to change certain provisions relating to the effective date of certain zones; to provide for corresponding changes with respect to certain tax exemptions.
HB 780. By Representatives Aiken of the 21st, Clark of the 20th, Howren of the 20th, Ehrhart of the 20th, Atkins of the 21st and others: A bill to create the Downtown Smyrna Development Authority; to provide for the appointment of the members of the authority and their terms of office.
HB 781. By Representative Edwards of the 112th: A bill to amend an Act to change the number of members of the board of educa tion of Taylor County, so as to provide for compensation for members of the board of education.
HB 782. By Representatives Smith of the 156th and Fennel of the 155th: A bill to amend an Act creating a board of commissioners of Glynn County, so as to change the expense allowance of the chairman and members of the board.
HB 783. By Representative Oliver of the 121st: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Tattnall County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia.
HB 786. By Representative Royal of the 144th: A bill to amend an Act providing a new charter for the City of Doerun, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen.

870

JOURNAL OF THE SENATE

HB 802. By Representatives Isakson of the 21st, Gresham of the 21st, Aiken of the 21st, Ehrhart of the 20th, Vaughan of the 20th and others:
A bill to amend an Act creating a board of commissioners for Cobb County, Georgia, so as to change the compensation provisions relating to the members of the board of commissioners and the chairman of said board.
HB 803. By Representatives Isakson of the 21st, Ehrhart of the 20th, Aiken of the 21st, Gresham of the 21st, Vaughan of the 20th and others:
A bill to amend an Act creating the board of commissioners for Cobb County, so as to amend provisions relating to county purchases.
HB 805. By Representative Rainey of the 135th:
A bill to create the Unadilla Arena and Tourism Authority.
HB 587. By Representatives Walker of the 115th, Groover of the 99th and Mangum of the 57th:
A bill to amend Chapter 11 of Title 50 of the Official Code of Georgia Annotated, relating to the State Library and librarian, Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to powers and duties of the State Board of Education with respect to library activities, and Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of the Secretary of State, so as to revise provisions relating to state publications and librarians.
HB 428. By Representatives Mangum of the 57th, Athon of the 57th and Moore of the 139th:
A bill to amend Code Section 20-4-10 of the Official Code of Georgia Annotated, relating to the State Board of Technical and Adult Education, so as to provide for staggered terms of office of the members of the board.
HB 535. By Representative Pettit of the 19th:
A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, the "Georgia Fire Sprinkler Act," so as to change provisions relating to the regu lation of fire sprinklers; to redefine certain terms used in said chapter; to require proof of liability insurance prior to issuance of a certificate of competency; to authorize the Georgia Fire Safety Commissioner to impose certain civil monetary penalties.
HB 568. By Representatives Dover of the llth, McKelvey of the 15th, Martin of the 26th and Hooks of the 116th:
A bill to amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to provide that the Governor's Employment and Training Council shall assist the Commissioner of Labor; to provide for the creation of the Governor's Employment and Training Council.
HB 556. By Representatives Oliver of the 53rd, Hamilton of the 124th and Richardson of the 52nd:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to define "dependent child"; to provide that when a court orders temporary or permanent child sup port for a minor child such support shall continue until such child reaches the age of 22 years or the child is no longer a dependent child or until such time as the court modifies its order.

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HB 612. By Representative Dixon of the 151st:
A bill to amend Chapter 6 of Title 52 of the Official Code of Georgia Annotated, relating to pilots and pilotage, so as to provide that the Board of Pilotage Com missioners for the City of St. Marys shall have the authority to make an agree ment with the Florida State Board of Pilot Commissioners to establish authority for reciprocal pilotage in the port of St. Marys and the tributaries of the St. Marys River.
HB 601. By Representative McDonald of the 12th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for a handicapped identification card; to provide for definitions; to provide for certain information contained on such card; to provide for application and renewal; to provide for rules and regula tions; to provide for proof of birth date.
HB 486. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to calculation of taxable net income of individuals, so as to provide for an adjustment in calculating taxable net income for individuals who have Subchapter "S" corporation income in federal adjusted gross income for federal pur poses but do not qualify for Subchapter "S" corporation status for state purposes.
SB 254. By Senator Edge of the 28th:
A bill to create and establish the Griffin-Spalding County Charter Commission; to provide for a short title; to provide for definitions; to provide for the appoint ment of the members of said commission; to provide for the organizational meet ing of the charter commission and for the election of a chairman; to provide for the powers and duties of said commission.
SB 266. By Senator Deal of the 49th:
A bill to amend an Act creating the State Court of Hall County, as amended, so as to change the compensation provisions relating to the judge and the solicitor of said court; to provide an effective date.
SB 103. By Senators Deal of the 49th and Bowen of the 13th:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to subpoenas and notices to produce, so as to change the provisions on the payment of witness fees for certain law enforcement officers, correctional officers, and similar persons.
SB 51. By Senators Turner of the 8th, Harris of the 27th, Walker of the 43rd and others:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to residential and family farm mortgages, so as to expand legislative findings; to change certain definitions; to expand the scope of purposes for which bonds may be issued by the Georgia Residential Finance Authority; to limit the amounts of certain types of bonds which may be issued.
SB 85. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of public safety personnel, so as to remove the provision of the law subrogating the state to a cause of action for death or disability upon payment of indemnification; to provide an effective date.

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The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 83. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th: A bill to amend Chapter 23 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Environmental Facilities Authority Act," relating to the creation of the authority and its program of assisting local governments in meeting their need for environmental facilities, so as to provide for the extension of such pro gram to include assistance for solid waste facilities.
The House has agreed to the Senate amendments to the following bills of the House:
HB 130. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to driver's licenses, so as to provide for a commercial driver's license.
HB 43. By Representative Buck of the 95th: A bill to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions applicable to the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to the definition of "peace officer".
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 344. By Senators Tate of the 38th and Fuller of the 52nd: A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to authorize credit able service for service as a teacher in certain private schools; to provide for defi nitions; to provide requirements and limitations relative to obtaining such credit able service.
Referred to Committee on Retirement.
SB 345. By Senator Foster of the 50th: A bill to amend Code Section 20-2-51 of the Official Code of Georgia Annotated, relating to selection and eligibility of members of county boards of education, so as to provide conditions of eligibility to serve as a member of any local board of education.
Referred to Committee on Education.
SB 346. By Senator Kidd of the 25th: A bill to amend Code Section 50-13-13 of the Official Code of Georgia Annotated, relating to the opportunity for a hearing in contested cases under the "Georgia Administrative Procedure Act," so as to authorize an agency, after a hearing upon a contested case, to withdraw into private session to deliberate on findings of fact and any penalties based upon the evidence introduced on matters offi cially noticed in such a hearing.
Referred to Committee on Governmental Operations.
SB 347. By Senator Allgood of the 22nd: A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to certain chemical tests administered to determine the alcoholic or drug content of certain persons who operate motor vehicles, so as to require that such chemical tests be administered as soon as possible to any person who operates a

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motor vehicle upon the highways or elsewhere throughout this state who is in volved in any traffic accident. Referred to Committee on Judiciary.
SB 348. By Senators Peevy of the 48th, Kidd of the 25th, Starr of the 44th and Barker of the 18th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to prohibit the use of optical scan voting systems or any similar systems, machines, or equipment which tabulate votes through the utilization of computers. Referred to Committee on Governmental Operations.
SB 349. By Senator Fuller of the 52nd:
A bill to amend an Act providing for the election of the judge of the Juvenile Court of Floyd County, so as to provide that the salary of such judge shall be set by the governing authority of Floyd County; to provide that such judge shall devote his full time to the duties of his office and shall not engage in the private practice of law; to provide for an effective date. Referred to Committee on Urban and County Affairs.
SB 350. By Senator Kidd of the 25th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act", so as to provide that certain children or youth in the physical custody of the Department of Correc tions or the Department of Human Resources shall not be eligible for enrollment in the educational programs of the local unit of administration of the school dis trict where the child or youth is being held. Referred to Committee on Education.
SB 351. By Senator Kidd of the 25th:
A bill to amend Code Section 21-5-50 of the Official Code of Georgia Annotated, relating to the filing of financial disclosure statements by public officers and can didates for public office, so as to change the provisions relating to the time of filing financial disclosure statements by candidates for public office. Referred to Committee on Governmental Operations.
SB 352. By Senator Allgood of the 22nd:
A bill to create and establish an airport authority in and for the City of Augusta and to authorize such authority to acquire, construct, equip, maintain, operate, own, and improve airports and landing fields for the use of aircraft, and to ac quire, own, and hold a fee simple title to all necessary property therefor, both real and personal, and to lease and sell any and all such facilities including real property. Referred to Committee on Urban and County Affairs.
SB 353. By Senators Barker of the 18th, Langford of the 35th, Newbill of the 56th and others:
A bill to amend Code Section 15-11-49 of the Official Code of Georgia Annotated, relating to the definitions, procedures and hearings, and disposition and transfers of juvenile traffic offenses, so as to provide that fines be remitted to a children and youth investment fund; to create a children and youth investment fund for each county of the State of Georgia. Referred to Committee on Children and Youth.

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SB 354. By Senators Deal of the 49th and Garner of the 30th: A bill to amend Code Section 42-5-50 of the Official Code of Georgia Annotated, relating to transmittal of information on convicted persons, places of detention, and custody of inmates, so as to change the provisions relating to transmittal of information on convicted persons.
Referred to Committee on Judiciary.
SB 355. By Senators Barker of the 18th, Kidd of the 25th, Walker of the 43rd and others: A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the Georgia Children and Youth Overview Committee; to provide for members, officers, duties, functions, powers, authority, compensation, appointments, and vacancies; to provide for funds; to provide for matters relative to the foregoing; to provide for an effective date.
Referred to Committee on Children and Youth.
SB 356. By Senator Johnson of the 47th: A bill to create a new board of commissioners of Hart County; to provide for a chairman, members, elections, qualifications, terms, and election procedures; to provide for commissioner districts; to provide for vacancies; to provide for oaths of office and surety bonds; to provide for a clerk; to provide for meetings; to provide for a county attorney.
Referred to Committee on Urban and County Affairs.
SB 357. By Senator Johnson of the 47th: A bill to amend an Act placing the sheriff of Hart County upon an annual salary, as amended, so as to change certain provisions relating to the compensation of the sheriff; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SB 358. By Senator Johnson of the 47th: A bill to amend an Act creating the office of tax commissioner of Hart County, as amended, so as to change certain provisions relating to the compensation of the tax commissioner; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SB 359. By Senator Johnson of the 47th: A bill to amend an Act placing the clerk of the superior court and the judge of the Probate Court of Hart County on an annual salary, as amended, so as to change the provisions relating to the compensation of the clerk of the superior court and the judge of the probate court; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SR 147. By Senators Harris of the 27th, Collins of the 17th and Edge of the 28th: A resolution urging the Board of Regents of the University System of Georgia to convert Gordon College into a four-year college.
Referred to Committee on Higher Education.
SR 148. By Senators Barker of the 18th, Langford of the 35th, Newbill of the 56th and Parker of the 15th: A resolution commending the Permanent Homes for Children in Georgia program.
Referred to Committee on Children and Youth.

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SR 149. By Senators Barker of the 18th, Langford of the 35th, Newbill of the 56th and Parker of the 15th:
A resolution commending the Purchase of Services for Juvenile Offenders program. Referred to Committee on Children and Youth.
The following bills of the House were read the first time and referred to committees:
HB 428. By Representatives Mangum of the 57th, Athon of the 57th and Moore of the 139th:
A bill to amend Code Section 20-4-10 of the Official Code of Georgia Annotated, relating to the State Board of Technical and Adult Education, so as to provide for staggered terms of office of the members of the board. Referred to Committee on Education.
HB 486. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to calculation of taxable net income of individuals, so as to provide for an adjustment in calculating taxable net income for individuals who have Subchapter "S" corporation income in federal adjusted gross income for federal pur poses but do not qualify for Subchapter "S" corporation status for state purposes. Referred to Committee on Banking and Finance.
HB 535. By Representative Pettit of the 19th:
A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, the "Georgia Fire Sprinkler Act," so as to change provisions relating to the regu lation of fire sprinklers; to redefine certain terms used in said chapter; to require proof of liability insurance prior to issuance of a certificate of competency; to authorize the Georgia Fire Safety Commissioner to impose certain civil monetary penalties. Referred to Committee on Public Safety.
HB 556. By Representatives Oliver of the 53rd, Hamilton of the 124th and Richardson of the 52nd:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to define "dependent child"; to provide that when a court orders temporary or permanent child sup port for a minor child such support shall continue until such child reaches the age of 22 years or the child is no longer a dependent child or until such time as the court modifies its order. Referred to Committee on Judiciary.
HB 568. By Representatives Dover of the llth, McKelvey of the 15th, Martin of the 26th and Hooks of the 116th:
A bill to amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to provide that the Governor's Employment and Training Council shall assist the Commissioner of Labor; to provide for the creation of the Governor's Employment and Training Council. Referred to Committee on Industry and Labor.

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HB 587. By Representatives Walker of the 115th, Groover of the 99th and Mangum of the 57th:
A bill to amend Chapter 11 of Title 50 of the Official Code of Georgia Annotated, relating to the State Library and librarian, Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to powers and duties of the State Board of Education with respect to library activities, and Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of the Secretary of State, so as to revise provisions relating to state publications and librarians. Referred to Committee on Education.
HB 601. By Representative McDonald of the 12th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for a handicapped identification card; to provide for definitions; to provide for certain information contained on such card; to provide for application and renewal; to provide for rules and regula tions; to provide for proof of birth date. Referred to Committee on Public Safety.
HB 612. By Representative Dixon of the 151st:
A bill to amend Chapter 6 of Title 52 of the Official Code of Georgia Annotated, relating to pilots and pilotage, so as to provide that the Board of Pilotage Com missioners for the City of St. Marys shall have the authority to make an agree ment with the Florida State Board of Pilot Commissioners to establish authority for reciprocal pilotage in the port of St. Marys and the tributaries of the St. Marys River. Referred to Committee on Transportation.
HB 573. By Representative Martin of the 26th:
A bill to amend an Act providing for urban enterprise zones in the City of At lanta, so as to change certain provisions relating to the effective date of certain zones; to provide for corresponding changes with respect to certain tax exemptions. Referred to Committee on Urban and County Affairs.
HB 780. By Representatives Aiken of the 21st, Clark of the 20th, Howren of the 20th and others:
A bill to create the Downtown Smyrna Development Authority; to provide for the appointment of the members of the authority and their terms of office. Referred to Committee on Urban and County Affairs.
HB 781. By Representative Edwards of the 112th:
A bill to amend an Act to change the number of members of the board of educa tion of Taylor County, so as to provide for compensation for members of the board of education. Referred to Committee on Urban and County Affairs.
HB 782. By Representatives Smith of the 156th and Fennel of the 155th:
A bill to amend an Act creating a board of commissioners of Glynn County, so as to change the expense allowance of the chairman and members of the board. Referred to Committee on Urban and County Affairs.

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HB 783. By Representative Oliver of the 121st: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Tattnall County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia.
Referred to Committee on Urban and County Affairs.
HB 786. By Representative Royal of the 144th: A bill to amend an Act providing a new charter for the City of Doerun, 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 802. By Representatives Isakson of the 21st, Gresham of the 21st, Aiken of the 21st and others: A bill to amend an Act creating a board of commissioners for Cobb County, Georgia, so as to change the compensation provisions relating to the members of the board of commissioners and the chairman of said board.
Referred to Committee on Urban and County Affairs.
HB 803. By Representatives Isakson of the 21st, Ehrhart of the 20th, Aiken of the 21st and others: A bill to amend an Act creating the board of commissioners for Cobb County, so as to amend provisions relating to county purchases.
Referred to Committee on Urban and County Affairs.
HB 805. By Representative Rainey of the 135th: A bill to create the Unadilla Arena and Tourism Authority.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Agriculture has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 202. Do pass.
Respectfully submitted, Senator English of the 21st District, Chairman
Mr. President:
The Committee on Consumer Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 169. Do pass by substitute. Respectfully submitted, Senator Langford of the 35th District, Chairman

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Mr. President:

The Committee on Industry and Labor has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 328. Do pass.

HB 344. Do pass.

SB 299. Do pass by substitute.

HB 368. Do pass.

SB 60. Do pass by substitute.

Respectfully submitted, Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 175. HB 358.
HB 367.

Do pass. Do pass.
Do pass.

HB 472. Do pass. HB 51 3- Do pass.
Respectfully submitted, Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 463. Do pass by substitute.
Respectfully submitted,
Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 331.
SB 341.
HB 680. UHTBJ -7711 8Q. HB 722.

Do pass.
Do pass.
Do pass. rD>o pass. Do pass.

HB 729. Do pass. HB m DQ pagg
HB 748- Do pass. HB 772. Do pass.

Respectfully submitted, Senator Harris of the 27th District, Chairman

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879

The following bills and resolutions of the Senate and House were read the second time:
SR 37. By Senators Howard of the 42nd, Gillis of the 20th and Deal of the 49th:
A resolution proposing an amendment to the Constitution so as to provide that the State Board of Pardons and Paroles shall not parole any person who has been convicted of a felony if such person has not served at least one-third of the sentence imposed by the court for such felony and if the General Assembly has provided by law that any person convicted of such felony must serve at least onethird of the sentence before becoming eligible for parole; to provide for submis sion of this amendment for ratification or rejection.
SR 58. By Senators Johnson of the 47th, Peevy of the 48th, Howard of the 42nd and Edge of the 28th:
A resolution proposing an amendment to the Constitution so as to provide for the establishment, jurisdiction, operation, and financing of investigative grand juries and trial juries in the judicial circuits; to provide for procedures and other matters related thereto; to provide for the submission of this amendment for rat ification or rejection.
SR 142. By Senators Coleman of the 1st, Kennedy of the 4th, Scott of the 2nd and Allgood of the 22nd:
A resolution urging the United States Congress to remove federal transportation trust funds from the federal budget.
SB 123. By Senators Stumbaugh of the 55th, Dean of the 31st and Deal of the 49th:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for a definition; to require the installation of an ignition interlock device as a condition of probation for certain persons convicted of the offense of driving under the influence of alcohol or drugs; to require such devices for reinstatement of certain drivers' licenses and as a condi tion of obtaining a limited driving permit.
SB 185. By Senators Johnson of the 47th, Albert of the 23rd, Ohnstead of the 26th and Phillips of the 9th:
A bill to amend Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosures on personalty, so as to provide for foreclosures arising out of consumer transactions; to change the provisions relat ing to the definition of certain terms; to provide for a petition for immediate writ of possession with respect to consumer transactions; to provide for procedures.
SB 188. By Senators Johnson of the 47th, Albert of the 23rd, Dawkins of the 45th and others:
A bill to amend Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to bad checks, so as to provide that with respect to the crime of issuance of a bad check a single notice is sufficient to cover all checks on which payment was refused and which were written within a ten-day period to a single entity; to provide for the form of notice covering multiple checks.
SB 221. By Senators Collins of the 17th, Perry of the 7th, Gillis of the 20th and others:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to persons before whom offenses are bailable, so as to provide that per sons charged with manufacturing, delivering, distributing, dispensing, adminis tering, selling, or possessing with intent to distribute certain controlled sub stances or marijuana shall not be eligible for bail.

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SB 248. By Senator Barnes of the 33rd: A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' li censes, so as to change the provisions relating to requirements for courts to send licenses and reports of convictions to the Department of Public Safety; to change the provisions relating to the payment of fees and the retention of fees.
SB 265. By Senators Deal of the 49th and Peevy of the 48th: A bill to amend Code Section 28-7-2 of the Official Code of Georgia Annotated, relating to registration with the Secretary of State of persons representing orga nizations, etc., before the General Assembly, so as to require persons representing state departments, agencies, boards, commissions, or authorities to register; to exempt such state officials from the registration fee.
SB 273. By Senator Edge of the 28th: A bill to amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to the general powers and jurisdiction of probate and municipal courts with regard to prosecution of traffic offenses, so as to authorize a probate court judge to require the district attorney or assistant district attorney to act as prose cutor in traffic violation proceedings in probate court.
SB 280. By Senator Howard of the 42nd: A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to re strict the authority of the State Board of Pardons and Paroles to parole persons convicted of certain felonies until such persons have served at least one-third of the sentence imposed by the court for any such felony.
SB 296. By Senator Kidd of the 25th: A bill to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for construction of public works, so as to provide that con tracts for construction of public works financed from public funds or constructed on public property shall be subject to certain restrictions.
SB 308. By Senators Ray of the 19th, Brannon of the 51st, Parker of the 15th and others: A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide that cer tain license plates shall be printed in red, white, and blue colors.
SB 317. By Senators Hammill of the 3rd, Scott of the 2nd, Fuller of the 52nd and others: A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to provide that persons, firms, or corporations that service or repair bicycles, motor scooters, mopeds, motorcycles, lawn mowers, garden equipment, or other such related equipment shall, for the value of their services, have a lien upon the equipment.
HR 105. By Representative Heard of the 43rd: A resolution designating the Floy Farr Parkway.
HB 53. By Representatives Foster of the 6th, Colwell of the 4th, Harris of the 84th and others: A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length limitations for vehicles and loads, so as to increase the maxi mum overall length of vehicles and semitrailers authorized; to provide limita-

MONDAY, FEBRUARY 20, 1989

881

tions; to provide a definition; to provide that the semitrailer shall be equipped with a rear underride guard.
HB 54. By Representative Alien of the 127th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions, so as to provide that sports officials who offici ate athletic contests shall not be liable in civil actions for injuries or damages claimed to have arisen by virtue of actions or inactions related to such officiating within the confines of the athletic facility at which the athletic contest is held.
HB 57. By Representative Alien of the 127th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to pro vide for the calculation of loss of income benefits in the event the injured insured is the sole shareholder of a professional corporation.
HB 71. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for additional penalties for the distribution or the possession with the intent to distribute certain dangerous drugs.
HB 220. By Representatives Coleman of the 118th, Royal of the 144th and Crosby of the 150th:
A bill to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal sales and use taxation, so as to specify certain circumstances under which a tax shall be levied in certain special districts; to provide that under such circumstances certain past noncompliance with certain procedures shall not affect the levy of the tax.
HB 229. By Representatives Thomas of the 31st, Pannell of the 122nd, Oliver of the 53rd and others:
A bill to amend Code Section 24-2-3 of the Official Code of Georgia Annotated, relating to the admissibility of certain evidence in a prosecution for rape, so as to change the exceptions to the inadmissibility of certain evidence in a prosecution for rape.
HB 240. By Representatives Crosby of the 150th, Coleman of the 118th, Walker of the 115th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to provide for a job tax credit for certain business enterprises in certain coun ties which have been designated by the Department of Community Affairs and certified by the state revenue commissioner as less developed areas.
HB 265. By Representatives Orrock of the 30th, McDonald of the 12th and Dunn of the 73rd:
A bill to amend Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to the regulation of aeronautics, aircraft, and airports generally, so as to provide that no person may operate any aircraft in this state within eight hours after the consumption of an alcoholic beverage, while under the influence of alco hol, or while using any drug that affects such person's faculties.

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HB 269. By Representatives Brown of the 88th, Thurmond of the 67th, Randall of the 101st, Holmes of the 28th, Cheeks of the 89th and Bishop of the 94th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds for public works, and Code Section 36-10-4 of the Official Code of Georgia Annotated, relating to bonds of contractors, so as to provide for the acceptances and giving of letters of credit in lieu of certain bonds.
HB 421. By Representatives Jackson of the 9th, Murphy of the 18th, Coleman of the 118th, Orr of the 9th and others:
A bill to amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the equalized adjusted school property tax digest, so as to change the provisions relative to the preparation of said equalized adjusted school property tax digest by the state auditor.
HB 431. By Representatives Godbee of the 110th, Kilgore of the 42nd, Birdsong of the 104th, Murphy of the 18th and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to the length of vehicles and loads, so as to provide for loads to extend beyond the rear of the vehicle under certain circumstances.
HB 481. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of the 'Georgia Public Revenue Code,' so as to to provide for service of notices of assessments and notices of proposed assessments by first-class mail to the address shown on the records of the department.
HB 483. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and to thereby incorporate provisions of federal law into Georgia law; to provide that terms used in the Georgia law shall have the same meaning as when used in a comparable provision or context in federal law.
HB 485. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current payment of income taxes, so as to change and correct a date in the table of times for installment payments of estimated taxes.
HB 492. By Representatives Benn of the 38th, Jackson of the 9th, Cummings of the 17th and others:
A bill to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars, so as to provide for the removal of other personal property from private real property; to provide for posting of no tice; to provide for maximum removal and storage fees; to provide for a lien for such fees.

MONDAY, FEBRUARY 20, 1989

883

HB 524. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to change the provisions relat ing to jury lists and the compilations and revision thereof; to change certain pro cedures; to provide for the creation of jury lists and boxes in counties using nonmechanical procedures and in counties using mechanical or electronic procedures.

SB 321. By Senator Deal of the 49th:
A bill to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process under the "Georgia Civil Practice Act"; Chapter 12 of Title 40 of the Official Code of Georgia Annotated, relating to actions against nonresi dents, so as to change the provisions relating to service of process on the Secre tary of State; to change the practices and procedures related thereto; to change the provisions relating to fees.

The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker
Barnes Bowen Broun
" C/-, o/leman Collins Coverdell Dawkins Deal Echols Edge English

Engram Foster Fuller Gillis
Hammill Harris Howard
Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Pollard
Ragan of 10th Ragan of 32nd Ray
Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not answering were Senators:

Brannon Dean Fincher

Garner Phillips

Scott of 2nd Taylor

Senator Baldwin of the 29th introduced the chaplain of the day, Reverend Phillip Arm strong, of LaGrange, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 150. By Senator Collins of the 17th: A resolution commending and recognizing Mr. Hampton Lamar Daughtry.

SR 151. By Senator English of the 21st:
A resolution commending the various electric membership cooperatives in this state.

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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
February 17, 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 Regular Session as of 3:00 p.m. on February 17, 1989. The list is numbered 892 through 903.
Most sincerely,
M Max Cleland Secretary of State
Attachment
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 persons numbered 892 through 903, who have registered in the Docket of Legislative Appearance as of February 17, 1989, 3:00 p.m. in accordance with Georgia Law 1970, p. 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 17th day of February, 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)

Is/ Max Cleland Secretary of State

892. Ken Baker 5901-A Peachtree-Dunwoody Road Suite 550 Atlanta, GA 30328 (404) 393-1501 Space Master Enterprises, Incorporated

893. Baoky Vu 6194 Wandering Way Norcross, GA 30093 (404) 934-1549 Students For An Educated Georgia
894 Debianne viuines 1Q01 Johnson Ferry Road
Atlanta, GA 30063 (404) 257-2050 Natl. Assoc. of Amer. Coll. of OB., GYN, & Neonatal Nurses

MONDAY, FEBRUARY 20, 1989

885

895. Dorothy Keffer Broad Street Sparta, GA 31087 (404) 444-5330 Georgia Farm Bureau Citizen

900. Harold Glenn Anthony 4290 Valley Trail, N.W. Atlanta, GA 30339 (404) 435-4823 Wakefield Investments, Inc. Great Southern Paper Company

896. Judith S. Smith 4060 Magnolia Lane Forest Park, GA 30050 (404) 361-4965 Citizen
897. Ronald A. Pierce 230 Callan Drive Rossville, GA 30741 (404) 866-2448 Dupont/Conoco
898. John M. Puckett 4805 Lawrenceville Hwy. Suite 116-185 Lilburn, GA 30247 (404) 923-2900 Citizen J.M. Puckett, Inc.
899. Jerry 0. Sorrels 4295 Ocmulgee East Blvd. Macon, GA 31295 (912) 744-5571 Government Employees Insurance Company

901. J. Barry Schrenk 3566 Lawrenceville Highway Tucker, GA 30084 (404) 934-2144 Taggart's Driving School Sears Driving School Association of Georgia Driver Improvement Clinics
902. Joseph Carlisi 4649 Buford Highway Chamblee, GA 30341 (404) 454-7737 Association of Georgia DriverImprovement Clinics Buford Highway D.U.I. School South Fulton Driver Improvement Clinic Citizen
903. Nancy Wiggins-Lester 3100 Breckinridge Boulevard Duluth, GA 30136 (404) 564-6118 ALW Home Mortgages, Inc. A.L. Williams and Associates, Inc.

Senator Langford of the 35th introduced Mr. Steve Stutts, President of the Georgia Beer Wholesalers Association, who, having been commended by SR 145 adopted previously, briefly addressed the Senate.

The following communication from Senator Dean of the 31st, Chairman of the Senate Committee on Rules, was read by the Secretary:

The State Senate Atlanta, Georgia 30334
February 20, 1989
Mr. Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, GA
Dear Mr. Secretary:
This is to advise you that by motion of the Senate Committee on Rules on February 16, 1989, the following Senators were appointed to serve on the Audit Subcommittee of the Rules Committee for the 1989-1990 term:
Senator Bowen of the 13th Senator Dean of the 31st Senator Huggins of the 53rd Senator Peevy of the 48th Senator Al Scott of the 2nd

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Sincerely, 1st Nathan Dean, Chairman
Senate Rules Committee
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Monday, February 20, 1989
TWENTY-SEVENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 331 Burton, 5th Stumbaugh, 55th Tysinger, 41st Walker, 43rd Howard, 42nd City of Stone Mountain DeKalb County To deannex certain territory from the corporate limits of Stone Mountain.
SB 341 Olmstead, 26th Harris, 27th Barker, 18th City of Macon Bibb County To amend Section 6(c)(2) "Option C" of the "Macon-Water Commissioners Pension Plan" so as to disallow any lumpsum distribution of benefits.
HB 680 Ragan, 10th Thomas County To provide for the Board of Education of Thomas County; to provide for the election and terms of members.
HB 718 Stumbaugh, 55th Burton, 5th Walker, 43rd City of Avondale Estates DeKalb County To provide for the corporate limits of Avondale Estates.
HB 722 Stumbaugh, 55th Howard, 42nd City of Decatur DeKalb County To provide for the deferral of City of Decatur ad valorem taxes for certain elderly persons.
HB 729 Hammill, 3rd Echols, 6th Glynn County To amend an Act creating the Magistrate Court of Glynn County, so as to

MONDAY, FEBRUARY 20, 1989

887

provide for the collection of an additional fee for the benefit of the Glynn County Law Library on each case filed in the Magistrate Court of Glynn County; to provide for the amount of the fee.

HB 730 Hammill, 3rd Echols, 6th Glynn County
To change the compensation of the judge of the State Court of Glynn County.

HB 748 Timmons, llth Baker County
To amend an Act creating a board of commissioners for Baker County, so as to authorize and empower the board of commissioners to employ and fix the compensation of a clerk of the board of commissioners.

HB 772 Harris, 27th City of Barnesville Lamar County
To change certain provisions relating to the election of the mayor of Barnes ville.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen BTMnnn Broun Burton Clay Coleman
Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Harris Howard Huggins Johnson
Kennedy Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 32nd ^ c ... f 0 Scott J ?. Scott of 36th
^tarr , btumbaugn Tate T&ylor Turner Tysinger Walker

Those not voting were Senators:

Barnes Collins

Hammill Ragan of 10th

Shumake Timmons

On the passage of all the local bills, the yeas were 50, nays 0.

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All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.
Senator Burton of the 5th moved that the following bill of the Senate, having been passed on the Senate Local Consent Calendar today, be immediately transmitted to the House:
SB 331. By Senators Burton of the 5th, Walker of the 43rd, Howard of the 42nd and others: A bill to amend an Act creating a new charter for the City of Stone Mountain, as amended, so as to deannex certain territory from the corporate limits of said city.
On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 331 was immedi ately transmitted to the House.
Senator Tysinger of the 41st moved that the following bill of the House be withdrawn from the Senate Committee on Public Utilities and committed to the Senate Committee on Urban and County Affairs:
HB 670. By Representatives Couch of the 36th, Lane of the 27th and Alford of the 57th: A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," to permit the use of interest earned on certain reserve funds to pay oper ating costs; to include interest earned on certain reserve funds in definition of transit operating revenue.
On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 670 was with drawn from the Senate Committee on Public Utilities and committed to the Senate Com mittee on Urban and County Affairs.
Senator Fincher of the 54th moved that the following bill of the House be withdrawn from the Senate Committee on Human Resources and committed to the Senate Committee on Higher Education:
HB 567. By Representatives Coleman of the 118th, Green of the 106th, McDonald of the 12th, Walker of the 115th and Childers of the 15th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a loan program for certain physicians who agree to practice medicine in physician underserved rural areas of Georgia; to provide for a short title.
On the motion, the yeas were 38, nays 0; the motion prevailed, and HB 567 was with drawn from the Senate Committee on Human Resources and committed to the Senate Com mittee on Higher Education.
SENATE RULES CALENDAR
Monday, February 20, 1989
TWENTY-SEVENTH LEGISLATIVE DAY
SB 149 Conviction of Misdemeanor, Felony--inmate transfer (Amendment) (Corr--13th)
SB 21 Venue--domestic, foreign corporations doing business in State (Judy--22nd) SB 275 Unlawful Body Removal from Grave--unlawful to possess, retain (Amendment)
(S Judy--28th) SB 294 Professional Counselors--provisions on definitions, reciprocity (Hum R--42nd)

MONDAY, FEBRUARY 20, 1989

889

SR 70 Access to Health Care Commission-create (Amendment) (Hum R--42nd) SR 120 Jonesboro--conveyance of certain state property (Amendment) (Pub U--44th) SR 122 School Bonds--indebtedness, cities over 400,000 (U&CA G--38th) SR 126 Atlanta--conveyance of certain state property (Amendment) (Pub U--2nd) SR 127 Decatur County-conveyance of certain state property (Pub U--10th) SR 132 Burke County--easement for fiber optic telecommunication cable (Pub U--21st) HB 351 Qualifying Petitions--consist of cards (Gov Op--25th) HB 546 Non-liability of Certain Persons for Certain Intoxicated--typo correction
(Judy--49th) HB 155 Underground Storage Tank Act--define petroleum product (Nat R--21st) HB 4 Alcoholic Treatment--change effective date (Hum R--42nd) HB 120 Public School Employees Retirement--40 years for retirement (Ret--llth) HB 464 Vehicle Length Requirements--exempt certain vehicles (Trans--21st) HB 407 Candidates for Certain Offices--filing affidavits (Substitute) (Gov Op--25th) HB 473 Vehicle Length Restrictions--automobile carriers (Substitute) (Trans--1st) HB 408 City Elections--requirements for certain write-in candidates (Gov Op--25th) HB 134 Lakes Sinclair and Oconee--limit fish baskets (Nat R--21st) HB 334 Limited Partnerships--reservations of names (Judy--47th) HR 112 Federal Tax on Motor Fuel--urge congressional delegation oppose (B&F--26th) HB 238 Peace Officer Standards and Training Act--redefine peace officer (Pub S--38th) HB 140 Hospital Authority Meeting--open exemptions (Judy--49th) HB 412 Tallapoosa Judicial Circuit Superior Court--change terms (Judy--49th) HB 499 Overcrowded Prison Systems--more construction (Substitute) (Corr--30th) HB 32 False Birth Date--giving to police, misdemeanor (S Judy--28th) HB 430 Criminal Justice Coordinating Council--change membership (Pub S--15th) HB 336 Corporations, Partnerships--document filing with Secretary of State
(Judy--47th)
Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman
Senate Rules Committee
The following general bill of the Senate, having been read the third time on February 15 and postponed until February 16, and placed on the Senate Rules Calendar for today, was put upon its passage:
SB 149. By Senators Bowen of the 13th, Timmons of the llth, Ragan of the 10th and others: A bill to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Department of Corrections over certain misde meanor offenders and designation of place of confinement for persons convicted of misdemeanors or felonies, so as to change the provisions relating to the trans fer of an inmate to the custody of the Department of Corrections.
Senator Hammill of the 3rd offered the following amendment:
Amend SB 149 by striking on page 2, lines 11 and 12 the following: "beyond the fifteenth day."

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and by adding a "." after the word "boarded".

On the adoption of the amendment, the yeas were 11, nays 28, and the amendment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bowen Brannon

Engram Fincher Foster Fuller Garner
Gillis Hammill

^,Urt0n CCloalyeman
Collins Coverdell
Dawkins Deal Dean Echols Edge English

"oward JHouhgngsmons
Kennedy Kidd
Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of loth
Ragan of 32nd ^
SSccootttt ooff 326ntdh S_,humak. e
Starr Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

On the passage of the bill, the yeas were 56, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 276. By Senators English of the 21st, Ragan of the 10th, Kennedy of the 4th and others:
A bill to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Agricultural Commodities Promotion Act," so as to abol ish the Agricultural Commodities Commission for Peanuts and provide for the creation of the Georgia Peanut Commission as a successor to and continuation thereof.

The House substitute to SB 276 was as follows:

A BILL
To be entitled an Act to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Agricultural Commodities Promotion Act," so as to re vise such Act; to provide for a short title; to provide for purpose and intent; to provide for the creation, membership, powers, and duties of agricultural commodity commissions; to

MONDAY, FEBRUARY 20, 1989

891

provide for separate provisions relating to the Agricultural Commodity Commission for Pea nuts; to provide for definitions; to provide for the qualifications, election or appointment, terms, vacancies, compensation, and expenses of members; to provide for marketing orders; to provide for rules, regulations, and orders; to provide for balloting; to provide for advisory boards, special committees, and the appointment of personnel; to provide that the Attorney General shall represent the commissions; to provide for outside legal counsel; to provide for donations, gifts, and other property; to provide for officers and bonds; to provide for quo rums; to provide for oaths; to provide for commissions; to provide for funds; to provide for the liability and limitations thereon of the commissions and members and employees thereof; to provide for cooperation with state, federal, and local authorities; to provide for the issuance of marketing orders; to provide for notices, public hearings, records, reports, lists, use of information, practices, and procedures; to provide for confidentiality of certain information; to provide for the recommendation of marketing orders and amendments; to provide for authorized provisions; to provide for approval by producers and the procedures connected therewith; to provide for seasonal marketing regulations; to provide for expiration and extensions; to provide for referendums; to provide for area marketing orders; to provide for applicability of marketing orders; to provide for assessments to defray expenses; to pro vide for borrowing of funds; to provide for use and repayment of contributions; to provide for collection and enforcement of assessments; to provide for disposition and investment of proceeds; to provide for audits; to provide for civil actions; to provide for penalties; to pro vide for books and records; to provide for hearings, subpoenas, and other matters related to practice and procedure; to provide for the use of grade or quality designations and to pro hibit such uses under certain circumstances; to provide for inspections; to provide for hold ing, seizing, disposing, or destruction of commodities; to provide for notices; to provide for correction of deficiencies; to provide for show cause orders; to provide for civil penalties; to provide for injunctions; to provide for investigations; to prohibit certain conduct; to provide for criminal penalties; to provide for exceptions; to provide for the preservation, disposition, and continuation of certain commissions, funds, marketing orders, rules, and regulations; to provide for the powers, duties, and responsibilities of the Commissioner of Agriculture; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by striking Chapter 8, known as the "Georgia Agricultural Commodities Promo tion Act," and inserting in lieu thereof a new Chapter 8 to read as follows:
"CHAPTER 8
ARTICLE 1
2-8-1. This chapter may be cited as the 'Georgia Agricultural Commodities Promotion Act.'
2-8-2. It is the intent and purpose of this chapter to implement Article VII, Section III, Paragraph II(b) of the Constitution of Georgia, providing for the promotion of the produc tion, marketing, sale, use and utilization, processing, and improvement of agricultural prod ucts. The provisions of this chapter which provide for the financing of the cost of programs authorized under this chapter are expressly found, determined, and declared to be an exer cise of the authority vested in the General Assembly by this provision of the Constitution. It is the purpose of this chapter to promote agricultural products and commodities, provide education related to such agricultural products and commodities, and promote research con cerning such agricultural products and commodities.
ARTICLE 2
2-8-10. This article shall not apply to the Agricultural Commodity Commission for Pea nuts provided for in Article 3 of this chapter, except as provided in Code Section 2-8-13.

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2-8-11. As used in this article, the term:
(1) 'Advertising and sales promotion' means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the normal flow of agricultural commodities to market and may include the presentation of facts to and negotiations with state, federal, or foreign gov ernmental agencies on matters which affect the marketing of any commodity or commodities included in any marketing order made effective pursuant to this article.
(2) 'Agricultural commodity' means any and all agricultural, horticultural, floricultural, and vegetable products produced in this state or any class, variety, or utilization thereof, either in their natural state or as processed by a producer for the purpose of marketing such product or by a processor as defined in this Code section, and shall include any one, any combination thereof, or all of the agricultural products, livestock and livestock products, poultry and poultry products, timber and timber products, fish and seafood, and the prod ucts of the farms and forests of this state. For the purpose of this article, the term 'agricul tural commodity' shall not mean or include peanuts.
(3) 'Commission' means each and every agricultural commodity commission created under this article.
(4) 'Distributor' means any person who engages in the operation of selling, marketing, or distributing an agricultural commodity which he has produced or has purchased or ac quired from a producer or which he is marketing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise, but shall not include a retailer as defined in this Code section, except a retailer who purchases or acquires from, or handles on behalf of, any pro ducer, an agricultural commodity not theretofore subjected to regulation by the marketing order covering such commodity.
(5) 'Handler' means any person engaged within this state as a distributor in the busi ness of distributing an agricultural commodity or any person engaged as a processor in the business of processing an agricultural commodity.
(6) 'Marketing order' means an order issued pursuant to this article prescribing rules and regulations governing the processing, distributing, or handling in any manner of any agricultural commodity within this state or establishing an assessment for financing the pro grams established under this article.
(7) 'Person' means an individual, firm, corporation, association, or any other business unit or any combination thereof and includes any state agency which engages in any of the commercial activities regulated pursuant to this article.
(8) 'Processor' means any person engaged within this state in the operation of receiving, grading, packing, canning, fermenting, distilling, extracting, preserving, grinding, crushing, or changing the form of an agricultural commodity for the purpose of preparing such agri cultural commodity for market or of marketing such commodity or engaged in any other activities performed for the purpose of preparing such commodity for market or of market ing such commodity but shall not include a person engaged in manufacturing another and different product from an agricultural commodity, so changed in form. The term 'processor' shall not include an agent of the processor nor any person who receives an agricultural com modity for or on the account of another person.
(9) 'Producer' means any person engaged within this state in the business of producing or causing to be produced for market any agricultural commodity as defined in this Code section.
(10) 'Producer marketing' or 'marketed by producers' means any or all operations per formed by any producer in preparing for market and includes selling, delivering, or dispos ing of, for commercial purposes, any agricultural commodity which he has produced to any handler as defined in this Code section.
(11) 'Retailer' means any person who purchases or acquires any agricultural commodity for resale at retail to the general public for consumption off the premises; however, such

MONDAY, FEBRUARY 20, 1989

893

person shall also be included within the definition of 'distributor,' as set forth in this Code section, to the extent that he engages in the business of a distributor as defined in this Code section.
(12) 'Seasonal marketing regulations' means marketing regulations, applicable to a par ticular marketing order, made effective as prescribed in this article for the purpose of carry ing into effect, by administrative order, the marketing regulatory authorizations and the provisions of such marketing order, as such authorizations or provisions may be applicable to or required by changing economic or marketing conditions and requirements from time to time during each marketing season in which such marketing order may operate. Such sea sonal marketing regulations shall not extend beyond the marketing order concerned; nor shall they modify or change the language of such marketing order.
(13) 'To distribute' means to engage in the business of a distributor as defined in this Code section.
(14) 'To handle' means to engage in the business of a handler as defined in this Code section.
(15) 'To process' means to engage in the business of a processor as defined in this Code section.
2-8-12. The Commissioner shall be authorized to exercise supervisory jurisdiction over the administration and enforcement of this article. In the performance of this duty, he is authorized to utilize the personnel and facilities of the department.
2-8-13. (a) Each of the following commissions heretofore established pursuant to the 'Georgia Agricultural Commodities Promotion Act,' (Ga. L. 1961, p. 301), as amended, effec tive from the date set forth below opposite its name, is ratified and confirmed as a public corporation and instrumentality of the State of Georgia from and since such date:
(1) The Agricultural Commodity Commission for Milk established July 1, 1961;
(2) The Agricultural Commodity Commission for Eggs established July 1, 1961;
(3) The Agricultural Commodity Commission for Peanuts established August 1, 1961;
(4) The Agricultural Commodity Commission for Sweet Potatoes established August 1, 1961;
(5) The Agricultural Commodity Commission for Peaches established May 1, 1962;
(6) The Agricultural Commodity Commission for Tobacco established July 1, 1962;
(7) The Agricultural Commodity Commission for Apples established August 1, 1962; and
(8) The Agricultural Commodity Commission for Cotton established August 1, 1965.
(b) All actions taken by each of the commissions enumerated in subsection (a) of this Code section pursuant to terms of Ga. L. 1961, p. 301, as amended, are ratified and all funds received by each of the commissions after the effective date shown opposite its name are determined to have been voluntarily contributed pursuant to subsection (h) of Code Section 2-8-14 and to constitute trust funds of such commission as provided in Code Section 2-8-17. Each of the aforesaid commissions and each commission hereafter created by law shall, from and after July 1, 1969, be organized and constituted, have corporate existence, and possess powers and duties as stated in this chapter and shall be governed and controlled by this chapter; provided, however, that any contract obligation or other undertaking entered into or incurred by or in behalf of any such commission prior to July 1, 1969, shall be valid and binding if authorized by Ga. L. 1961, p. 301, as amended.
(c) Prior to April 30, 1971, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-23 to determine whether any existing commission shall continue to exist and operate under this article.

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2-8-14. (a) Each commission shall be composed of:
(1) The Commissioner of Agriculture, ex officio;
(2) The president of the Georgia Farm Bureau Federation, ex officio;
(3) One member, to serve as an ex officio member of all commissions, elected by the Agriculture Committee of the Senate with a quorum present and a majority of those present concurring, who shall be a producer of an affected agricultural commodity and shall not be a member of the General Assembly;
(4) One member, to serve as an ex officio member of all commissions, elected by the Agriculture and Consumer Affairs Committee of the House of Representatives with a quo rum present and a majority of those present concurring, who shall be a producer of an affected agricultural commodity and shall not be a member of the General Assembly; and
(5) Five additional members, who shall be producers of the affected agricultural com modity, to be appointed by the ex officio members of the commission; for the purposes of the appointment of such five additional members, the two members elected by each of the agriculture committees of the General Assembly, who shall serve as members of each com mission, shall be deemed to be ex officio members.
(b) The initial two members elected by the agriculture committees of the General As sembly shall be elected to take office for a term beginning on July 1, 1980, and ending upon the election of their successors during the regular 1982 session of the General Assembly. Their successors shall be elected during the 1982 regular session of the General Assembly; and thereafter future successors shall be elected during each regular session of the General Assembly convening in even-numbered years. Such members shall be selected so that one member is from the northern part of Georgia and one member is from the southern part. For purposes of this selection the northern part of Georgia shall be that area north of and including Richmond, McDuffie, Warren, Hancock, Baldwin, Jones, Bibb, Crawford, Upson, Talbot, and Muscogee counties; and the southern part shall be that area south of such coun ties. The chairmen of the Senate and House committees shall by agreement determine which committee will choose the member from the northern part and which committee will choose the member from the southern part. Such members shall serve from the date of their election until the election of their successors.
(c) The appointment of additional members of the commission by the ex officio mem bers thereof, as provided in this Code section, shall be made by them from a list of nomi nees, submitted by the producers of the affected agricultural commodity, containing the names of double the number of appointments to be made. In the event of a controversy as to the producer group authorized to submit a list of nominees for appointment as members of the commission, the ex officio members shall consider and determine all issues pertaining thereto and upon making their determination shall make the appointments in accordance with such determination. Initial appointments shall be made for three members for a term of three years each from the effective date of their appointment and until their successors are appointed and qualified and two members for a term of two years each from the effec tive date of their appointment and until their successors are appointed and qualified. There after, successors shall be appointed for a term of three years each from the effective date of their appointment and until their successors are appointed and qualified. Vacancies shall be filled by appointment by the ex officio members of the commission, in like manner, for the unexpired term, except that vacancies in the office of a member elected by a legislative committee shall be filled for the unexpired term by the legislative committee which made the previous appointment. Any appointive member shall be eligible for reappointment pro vided he is nominated as provided in subsection (b) of this Code section.
(d) (1) The ex officio members who are state officers shall be compensated as provided by law. Each such ex officio member shall be reimbursed by his respective department or from the funds of the commission for actual and necessary expenses incurred in the per formance of his duties. Each such ex officio member who is a state officer may designate a representative of his department to act for him in performing any duties under this article.

MONDAY, FEBRUARY 20, 1989

895

(2) The two members elected by the agriculture committees of the General Assembly, as provided by subsection (a) of this Code section, shall be entitled to receive, for attending meetings of the commission, the same expenses and travel allowances which members of the General Assembly receive for attending meetings of legislative interim committees. Such expenses and allowances shall be paid from funds appropriated or otherwise available to the legislative branch of state government.
(3) The appointive members of the commission and the president of the Georgia Farm Bureau Federation shall receive compensation and reimbursement of expenses as shall be provided by the commission, and such funds shall be payable from the funds of the commission.
(e) It shall be the duty of the Commissioner to certify to the Secretary of State the membership of each commission and each change in membership as the same occurs.
(f) Each commission is authorized to appoint advisory boards, special committees, and individuals, including technical and clerical personnel, to advise, aid, and assist the commis sion in the performance of its duties. Compensation for such services shall be fixed by each commission and may be paid from the funds of each commission. The Attorney General shall represent each commission in legal matters and shall be the attorney for each commis sion. If the Attorney General determines that outside legal counsel is necessary or desirable in connection with any legal matter of the commission, he shall so inform the particular commission involved and, upon approval of the commission, he shall employ such outside counsel. Compensation for such outside counsel shall be agreed upon between such counsel and the Attorney General, subject to the approval of the commission. Such compensation shall be paid from the funds of the commission. Neither Code Section 16-10-9 nor any other law shall prohibit or be applicable to the employment of such counsel.
(g) Any other provision of this article to the contrary notwithstanding, a member of any federation or organization of producers shall be eligible to be appointed as a member of any commission administering this article with respect to any agricultural commodity produced by such federation or organization or handled by it for its members who produce it.
(h) Each commission is authorized to accept donations, gifts, and other property and to use the same for commission purposes. Each commission may exercise the powers and au thority conferred by law upon corporations.
(i) The two members elected by the agriculture committees of the General Assembly, as provided by subsection (a) of this Code section, as members of each commission shall be entitled to vote on matters pertaining to the organization of each such commission and upon the selection and nomination of the appointive members of each commission. Such two members shall not be entitled to vote upon any matter pertaining to the policy provisions of the agricultural commodity nor shall they be entitled to vote upon the expenditure of any funds of the commission.
(j) Each commission shall continue as a public corporation and instrumentality of the State of Georgia until abolished by law or until terminated by referendum.
2-8-15. Each commission, with the name of the agricultural commodity annexed thereto, shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, each such commission may contract and be contracted with, implead and be impleaded, and complain and defend in all courts. Each such commission shall name its chairman and determine a quorum for the transaction of business. Each such commission shall assume the duties and exercise the authority provided in this article with out further formality than that provided in this article. Each member of each such commis sion shall be a public officer and shall take an oath of office faithfully to perform his duties. Such oath shall be administered by the Commissioner or some other person qualified to administer oaths. The fact of a member's appointment shall be certified to the Secretary of State, who shall issue the appropriate commission under the seal of his office.
2-8-16. The Commissioner is authorized and it shall be his duty to receive, collect, and disburse the funds of each commission qualifying and operating under this article. He shall

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disburse funds of any entity created under this article only upon the written authorization of the affected commission.
2-8-17. Funds received by the Commissioner under this article shall be held in trust for the affected commission. Such funds shall be deposited, accounted for, and disbursed in the same manner as the funds of this state but shall not be required to be deposited in the state treasury and appropriated therefrom as are other state funds. It is the express intent and purpose of this article to authorize the receipt, collection, and disbursement by the Commis sioner of such funds as trust funds of the affected entity without complying with the re quirement applicable to funds collected for the use and benefit of the state.
2-8-18. Any person who handles funds under this article shall be bonded with good and sufficient surety in an amount determined by the Commissioner for the accounting of any and all funds coming into his hands.
2-8-19. The members and employees of any commission governed by this article and the Commissioner shall not be held responsible individually in any way whatsoever to any pro ducer, processor, distributor, or other handler or to any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. Nor such person or employee shall be held responsible individually for any act or omission of any other member of any such commission. The liability of the members of the commission shall be several and not joint and no member shall be liable for the default of any other member.
2-8-20. The Commissioner and any commission governed by this article are authorized to confer with and to make any information obtained pursuant to this article available to the duly constituted governmental authorities of this state, of other states, of political sub divisions of this state or other states, and of the United States who, by reason of their duties, have legitimate concern with the subject and to cooperate with all such authorities for the purpose of obtaining administrative uniformity and achieving the objectives of this article.
2-8-21. (a) The Commissioner, upon the approval and request of a commission governed by this article, is authorized to issue, administer, and enforce the provisions of marketing orders regulating producer marketing or the handling of agricultural commodities within this state.
(b) (1) Whenever the Commissioner has reason to believe that the issuance of a market ing order or amendments to an existing marketing order will tend to effectuate the declared policy of this article with respect to any agricultural commodity, he shall, either upon his own motion, upon the motion of any commission, or upon the application of any producer of such commodity or any organization of such persons, give due notice of and an opportunity for a public hearing upon a proposed marketing order or amendments to an existing market ing order.
(2) Notice of any hearing called for such purpose shall be given by the Commissioner or the commission by publishing a notice of such hearing for a period of not less than five days in a newspaper of general circulation published in the capital of the state and in such other newspapers as the Commissioner may prescribe. No such public hearing shall be held prior to five days after the last day of such period of publication. The Commissioner or the com mission shall also mail a copy of such notice of hearing and a copy of such proposed market ing order or proposed amendments to all producers of such agricultural commodity whose names and addresses appear upon lists of such persons on file in the department and who may be directly affected by the provisions of such proposed marketing order or such pro posed amendments. Such notice of hearing shall in all respects comply with the require ments of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(3) The hearing shall be public and all testimony shall be received under oath. A full and complete record of the proceedings at such hearing shall be made and maintained on file in the office of the Commissioner or the commission. The hearing shall, in all respects, be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Proce-

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dure Act.' The hearing may be conducted by the commission, by a member of the commis sion, or by the Commissioner, as may be designated by the commission in each instance, but no decision shall be made based on hearings conducted other than by the commission itself, at which a majority of the members thereof are present, until the members of the commis sion have been afforded an opportunity to review the hearing record. Where the commission conducts hearings, its recommendation shall be based on the findings reached after a review of the record of the hearing.
(c) (1) In order to provide the Commissioner or the commission with accurate and relia ble information with respect to the persons who may be directly affected by any proposed marketing order for any agricultural commodity when such information is not then on file in the department, the Commissioner or the commission is authorized and directed, whenever the Commissioner or the commission has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of this article or upon receipt of a written application for a hearing pursuant to subsection (b) of this Code section, to notify all han dlers of such agricultural commodity, by publication of a notice as required in paragraph (2) of this subsection, to file with the Commissioner or the commission within ten days from the last date of such publication a report, properly certified, showing:
(A) The correct name and address of such handler;
(B) The quantities of the agricultural commodity affected by the proposed marketing order handled by such handler in the marketing season next preceding the filing of such report;
(C) The correct names and addresses of all producers of such agricultural commodity who may be directly affected by such proposed marketing order, from whom such handler received such agricultural commodity in the marketing season next preceding the filing of such report; and
(D) The quantities of such agricultural commodity received by such handler from each such producer in the marketing season next preceding the filing of such report.
(2) The notice to handlers requiring them to file a report shall be published by the Commissioner or the commission for a period of not less than five days in a newspaper of general circulation published in the capital of the state and in such other newspaper or newspapers as the Commissioner or the commission may prescribe. The Commissioner or the commission shall also mail a copy of such notice to all handlers of such agricultural commodity whose names and addresses appear upon the lists on file in the department who may be directly affected by such proposed marketing order.
(3) Each handler of an agricultural commodity directly affected by a proposed market ing order shall file his verified report with the Commissioner or the commission within the time specified in paragraph (1) of this subsection. Failure or refusal of any handler to file such report shall not invalidate any proceeding taken or marketing order issued. The Com missioner or the commission is authorized and directed to proceed upon the basis of such information and reports as may otherwise be available.
(4) From the reports so filed and the information so received or available to the Com missioner or the commission, including any proper corrections, the Commissioner or the commission shall prepare a list of the names and addresses of such producers and the vol ume of such commodity produced or marketed by all such producers and a list of the names and addresses of such handlers and the volume of such commodity handled by all such handlers, directly affected by such proposed marketing order or amendments thereto, in the preceding marketing season. Such lists shall constitute complete and conclusive lists for use in any finding made by the Commissioner or the commission pursuant to subsection (a) of Code Section 2-8-15 and such findings shall be conclusive.
(5) The information contained in the individual reports of handlers filed with the Com missioner or the commission pursuant to this Code section shall not be made public in such form. The information contained in such reports may be prepared in combined form for use by the Commissioner or the commission, their agents, or other interested persons in the

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formulation, administration, and enforcement of a marketing order or may be made availa ble pursuant to court order. Such information shall not be made available to anyone for private purposes.
2-8-22. (a) If, upon the basis of the record of testimony and documentary evidence re ceived at the hearing provided for in Code Section 2-8-21 and the facts officially noticed therein from official publications or institutions of recognized standing, the commission de termines that the issuance of a marketing order or an amendment will tend to effectuate the intent and purpose of this article, it may recommend the promulgation of a marketing order or amendment with respect to the matters specified in the hearing notice and supported by the record, containing any or all of the following provisions, but no others:
(1) Provisions regulating the period or periods during which any agricultural commodity or any grade, size, or quality of such commodity may be processed, distributed, or otherwise marketed within this state by any and all persons engaged in such processing, distributing, or marketing within this state; such periods shall be established by the commission so as to conform to the better principles of sound agricultural practices with respect to production of the commodities affected, in order to secure, so far as is commercially practical, a sufficient supply of good quality of each grade of such commodity proportionate to normal market demand and to prevent disruptive marketing practices likely to result in oversupply or scar city, which create unnecessarily inflated prices to consumers and handlers, depressed prices to producers, or salability of products of inferior grade and quality due to unavailability of good quality products;
(2) Provisions establishing or providing for establishing, with respect to any agricultural commodity, either as delivered by producers to handlers or processors or as handled, processed, or otherwise prepared for market or as marketed by producers, handlers, or processors:
(A) Grading standards of quality, condition, size, maturity, or pack, which standards may include minimum standards, provided that the standards so established shall not be established below any minimum standards prescribed by law for such commodity; and
(B) Uniform inspection and grading of such commodity in accordance with the stan dards so established.
(3) Provisions for the establishment of plans for advertising and sales promotion to maintain present markets or to create new or larger markets for agricultural commodities grown in this state or for the prevention, modification, or removal of trade barriers which obstruct the normal flow of agricultural commodities to market. The commission is author ized to prepare, issue, administer, and enforce plans for promoting the sale of any agricul tural commodity, provided that any such plan shall be directed toward promoting and in creasing the sale, use, and utilization of such commodity without reference to a particular brand or trade name; and provided, further, that no advertising or sales promotion program shall be issued by the Commissioner or the commission which makes use of false or unwar ranted claims in behalf of any such product or disparages the quality, value, sale, or use of any other agricultural commodity;
(4) Provisions prohibiting unfair trade practices by which any producer or handler tends toward establishment of monopoly, unfairly discriminates among customers as to price or quality, or engages in fraudulent, deceptive, or misleading representations, conceal ment, or other similar sharp business practices which are harmful to his or its customers, injurious to competitors, likely to bring into disrepute persons generally engaged in produc tion and handling of the commodity involved, or detrimental to the intent and purpose of this article;
(5) Provisions for carrying on research studies in promoting the production, marketing, sale, use and utilization, processing, and improvement of any agricultural commodity or any combination thereof and for the expenditure of moneys for such purposes. In any research carried on under this paragraph, the dean of the College of Agriculture of the University of Georgia, the Commissioner, and the commission shall cooperate in selecting the research

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project or projects to be carried on from time to time. Insofar as practicable such projects shall be carried out by the College of Agriculture but, if the dean of the college and the commission determine that the college has no facilities for a particular project or that some other research agency has better facilities therefor, the project may be carried out by other research agencies selected by the commission;
(6) Provisions establishing or providing authority for establishing, for any agricultural commodity, either as such commodity is produced or is delivered by producers to handlers or as such commodity is handled or otherwise prepared for market or as such commodity is marketed by producers or handlers, an educational program designed to acquaint producers, handlers, or other interested persons with quality improvement, including sanitation prac tices, procedures, or methods as applied to such commodity;
(7) Provisions for the promotion of the marketing of surplus commodities through the establishment of surplus, stabilization, or by-product pools for any agricultural commodity or any grade, size, quality, or condition thereof, providing for the sale of the commodity in any such pool and for the equitable distribution among the persons participating therein of the net returns derived from the sale of such commodity. Whenever the marketing order authorizes the establishment of any such pool or pools, the commission shall have the power to receive such commodity from each producer or handler, to handle the same according to the grade, size, quality, or condition thereof, and to account to each producer or handler participating therein upon a pro rata basis for the net proceeds derived from the sale thereof. Whenever the marketing order authorizes the establishment of a surplus, stabiliza tion, or by-product pool, the commission shall have authority to promote the marketing of surplus commodities by making arrangements for and operating any necessary facilities for the storing, financing, grading, hauling, packing, servicing, processing, preparing for market, selling, and disposing of the contents of any pools provided for in this paragraph. Whenever the marketing order authorizes the establishment of any type of pool authorized in this paragraph, the commission shall have authority to create, by a uniform assessment upon producers, or to maintain and disburse, upon some other uniform and equitable basis, an equalization fund to be used for the removal of any inequalities between producers or han dlers participating in any pool.
(b) All provisions authorized by this Code section which are contained in marketing orders and amendments thereto heretofore adopted by any commission and in effect on July 1, 1969, shall be and remain of full force and effect until repealed or modified by each such commission as provided in this article.
2-8-23. (a) (1) No marketing order or major amendment thereto, directly affecting pro ducers or producer marketing, issued pursuant to this article, shall be made effective by the commission or the Commissioner until the finding of one or more of the following:
(A) That such marketing order or amendment thereto has been assented to in writing by not less than 65 percent of the producers who are engaged within the area specified in such marketing order or amendment thereto in the production for market or the producer marketing of not less than 51 percent of the agricultural commodity specified therein in commercial quantities;
(B) That such marketing order or amendment thereto has been assented to in writing by producers who produce not less than 65 percent of the volume of such agricultural com modity and by 51 percent of the total number of producers so engaged; or
(C) That such marketing order or amendment thereto has been approved or favored by producers in a referendum among producers directly affected if the valid votes cast in such referendum in favor of such marketing order or amendment thereto represent not less than 51 percent of the total number of producers of the commodity of record with the depart ment who marketed not less than 51 percent of the total quantity of the commodity mar keted in the next preceding marketing season by the total number of producers of record with the department.
(2) Whenever any marketing order or any major amendment to any marketing order is

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issued by the commission, the commission shall determine whether assent, approval, or favor thereto of the producers shall be by written assents or by referendum.
(3) If the Commissioner or the commission determines that a referendum shall be had, the Commissioner or the commission shall establish a referendum period of 30 days. At the close of such referendum period, the Commissioner or the commission shall count and tabu late the ballots filed during such period. If from such tabulation the Commissioner or the commission finds that the number of producers voting in favor of such marketing order or amendment thereto is not less than 51 percent of the total number of producers of record with the department and that such producers who voted in favor of the marketing order or amendment thereto marketed not less than 51 percent of the total volume of such commod ity marketed by all producers of record with the department during the marketing season next preceding such referendum, the Commissioner or the commission may make such mar keting order or amendment thereto effective. The Commissioner and the commission are authorized to prescribe such additional procedures as may be necessary to conduct such referendum.
(4) At a public hearing held to consider a proposed marketing order or major amend ments to an existing marketing order which directly affect producers or producer marketing, the Commissioner or the commission shall also receive testimony or evidence from which he or it can determine whether the assent, approval, or favor of such producers shall be deter mined by written assents or by referendum as prescribed in this Code section. Upon the conclusion of any hearing which involves a marketing order or a major amendment thereto directly affecting producers or producer marketing, the Commissioner or the commission shall make a finding, based upon the testimony and evidence received, whether producer assent, approval, or favor shall be determined by written assents or by referendum. If the Commissioner or the commission finds that a referendum shall be had, he or it shall direct that a referendum be held in accordance with this subsection.
(5) Any referendum or assent in writing to a marketing order under paragraphs (3), (5), and (6) of subsection (a) of Code Section 2-8-22 shall be held pursuant to this Code section; and upon the approval thereof by two-thirds of those voting therein, where the total vote cast thereon represents not less than 25 percent of those eligible to vote or where the total vote cast thereon represents not less than 25 percent of the total amount of the affected agricultural commodity, such marketing order may be declared by the commission to be approved.
(6) In the event of the failure of any proposed marketing order to be approved, no additional referendum thereon shall be held during a period of 12 months from the date of the close of the previous referendum period.
(b) Subject to the provisions, restrictions, and limitations imposed in this article, the Commissioner or the commission may issue marketing orders regulating producer marketing and the processing, distributing, or handling in any manner of agricultural commodities by any and all persons engaged in such producer marketing, processing, distributing, or han dling of such agricultural commodities within this state.
(c) (1) Upon the recommendation of not less than three of the appointive members of the commission, the Commissioner or the commission may make effective minor amend ments to a marketing order. The Commissioner or the commission may require a public hearing upon minor amendments if in his or its opinion the substance of such minor amend ments so warrants. The Commissioner or the commission, however, shall not be required to submit minor amendments for written assents or referendum approval.
(2) In making effective major amendments to a marketing order, the Commissioner or the commission shall follow the same procedures prescribed in this article for the institution of a marketing order. For the purpose of this article, a major amendment to a marketing order shall include, but shall not be limited to, any amendment which adds to or deletes from any such marketing order any of the following types of regulations or authorizations:
(A) Authority for regulating the period or periods during which any agricultural com-

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modity or any grade, size, or quality of such commodity may be processed, distributed, or otherwise marketed within this state;
(B) Authority for the establishment of uniform grading and inspection of any agricul tural commodity and the establishment of grading standards of quality, condition, size, or pack of such commodity;
(C) Authority for the establishment of plans for advertising and sales promotion of any agricultural commodity;
(D) Authority to prohibit unfair trade practices;
(E) Authority for carrying out research studies in the production, processing, or distri bution of any agricultural commodity;
(F) Authority to increase an assessment rate beyond the maximum rate authorized by the marketing order in effect;
(G) Authority to extend the application of the provisions of any marketing order to portions or uses of an agricultural commodity not previously subject to such provisions or to restrict or extend the application of such provisions upon the producers or handlers of such portions or uses of such commodity.
(3) Modification of any provisions of any marketing order in effect, for the purpose of clarifying the meaning or application of such provisions or of modifying administrative pro cedures for carrying out such provisions, are declared not to be a major amendment of such marketing order.
(d) Upon the issuance of any order making effective a marketing order or any suspen sion, amendment, or termination thereof, a notice thereof shall be posted on a public bulle tin board maintained at the Department of Agriculture; and a copy of such notice shall be published as the Commissioner or the commission may prescribe. No marketing order nor any suspension, amendment, or termination thereof shall become effective until the termi nation of a period of five days from the date of such posting and publication. It shall also be the duty of the Commissioner or the commission to mail a copy of the notice of such issu ance to all persons directly affected by the terms of such marketing order, suspension, amendment, or termination whose names and addresses are on file in the office of the Com missioner or the commission and to every person who files in the office of the Commissioner or the commission a written request for such notice.
(e) The Commissioner or the commission shall have the power, consistent with this article and in accordance with marketing orders and agreements made effective under this article, to establish such general rules and regulations for uniform application to all market ing orders issued hereunder as may be necessary to facilitate the administration and en forcement of such marketing orders. The provisions of subsection (d) of this Code section relative to posting, publication, and time of taking effect shall be applicable to any such general rule or regulation established pursuant to this subsection and applicable to market ing orders generally. Such notice shall be furnished by the Commissioner or the commission for each marketing order in active operation.
(f) Upon the recommendation of the commission concerned, the Commissioner shall have the power, consistent with this article, to establish administrative rules and regulations for each marketing order issued and made effective as may be necessary to facilitate the supervision, administration, and enforcement of each such order. The provisions of subsec tion (d) of this Code section relative to posting, publication, mailing of notice, and time of taking effect shall be applicable to any such administrative rules and regulations.
(g) Unless extended as provided in this Code section, all marketing orders issued under the authority of this article shall expire, terminate, and become of no force and effect at the expiration of three years from the date of the issuance of the original marketing order or, if such marketing order has been extended, at the expiration of three years after the date of any such extension.

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(h) In the event either one of the following conditions is complied with, a marketing order shall be extended for a period of three years after the date of its original expiration:
(1) Assent has been given in writing to such marketing order by not less than two-thirds of the producers participating; or
(2) Approval or favor of such marketing order has been given by producers in a referen dum among producers directly affected if at least 66 2/3 percent of the votes cast in such referendum favor the extension of such marketing order.
(i) If the Commissioner or the commission determines that a referendum shall be held, the Commissioner or the commission shall establish a referendum period of 30 days, such referendum period to terminate at least 30 days prior to the expiration date of the market ing order which is the subject of such referendum. At the close of such referendum period, the Commissioner or the commission shall count and tabulate the ballots cast during such period. If from such tabulation the Commissioner or the commission finds that the number of producers voting in favor of the extension of such marketing order is not less than 66 % percent of the total number of ballots cast, then such marketing order shall be extended for a period of three years after the expiration date. If it is found from the tabulation of such referendum that the number of producers who had voted in favor of the extension of such marketing order is less than the required 66 % percent of the total number of ballots cast, then the marketing order shall expire, terminate, and be of no force and effect as provided in subsection (g) of this Code section.
2-8-24. Marketing orders issued by any commission under this article may be limited in their application by prescribing the marketing areas or portions of the state in which a particular order shall be effective, provided that no marketing order shall be issued by the commission unless it embraces all persons of a like class who are engaged in a specific and distinctive agricultural industry or trade within this state.
2-8-25. (a) The Commissioner, upon recommendation of the commission concerned, and each commission, without prior notice to and public hearing for the producers or handlers of the commodity directly affected, may issue and make effective seasonal marketing regula tions or modifications thereof, provided that the marketing order, made effective after due notice, public hearing, and written assent as required by this article, (1) provides for the issuance or modification of such seasonal marketing regulations without requiring such prior notice and public hearing, and (2) sets forth the limits within which such seasonal market ing regulations may be made effective or subsequently modified by the Commissioner or the commission; and provided, further, that the commission finds that such seasonal marketing regulations or modifications thereof are reasonable and proper and a practical means of carrying out the marketing provisions authorized in such marketing order or agreement and will effectuate the declared purposes and policies of this article with respect to such agricul tural commodity. Notice of the issuance and the effective date of any such seasonal market ing regulations or modifications thereof shall be given by the Commissioner or the commis sion to all producers and handlers directly affected by any such regulations in the manner and within the time specified in the applicable marketing order or, in absence of such, as may be specified by the commission or as specified in the administrative rules and regula tions made effective for such marketing order pursuant to subsection (f) of Code Section 28-23.
(b) It is recognized that with respect to some agricultural commodities, marketing, weather, and other conditions may change so rapidly as to require changes in seasonal mar keting regulations from week to week or more often. It is intended that this Code section be interpreted liberally so that the Commissioner or the commission may be enabled to carry out the marketing regulations and procedures authorized in this Code section in a practical and effective manner.
2-8-26. Whenever producers or handlers of an agricultural commodity regulated by a marketing order issued by any commission pursuant to this article are required to comply with minimum quality, condition, size, or maturity regulations, no person, except as other-

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wise provided in such order, shall process, distribute, or otherwise handle any of such agri cultural commodity from any source, whether produced within or without this state, which commodity does not meet such minimum requirements applicable to producers or handlers of such commodity in this state, provided that such regulations shall not apply to any com modity which has been produced outside of this state and is in transit on the effective date of the regulations.
2-8-27. (a) For the purpose of providing funds to defray the necessary expenses incurred by the Commissioner or the commission in the formulation, issuance, administration, and enforcement of each marketing order issued under this article, each such marketing order shall provide for the levying and collection of assessments in sufficient amounts to defray such expenses. Each marketing order shall indicate the maximum rate of any such assess ment which may be collected and the proportion, if any, payable by each producer and handler directly regulated or affected by such marketing order. In administering such mar keting order, the commission shall adopt, from time to time, budgets to cover necessary expenses and the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray the necessary expenses, it may approve such budget and rate of assessment and order that each producer and handler so assessed shall pay to the Commis sioner or the commission, at such times and in such installments as the commission may prescribe, an assessment, based upon the units in which such agricultural commodity is marketed or upon any other uniform basis which the commission determines to be reasona ble and equitable, but in amounts which (1) in the case of producers will not exceed 2 '/a percent of the gross dollar volume of sales of the commodity affected by all such producers regulated by such marketing order, or (2) in the case of processors, distributors, or other handlers will not exceed 2 '/a percent of the gross dollar volume of purchases of the com modity affected by the marketing order from producers or of the gross dollar volume of sales of the commodity affected by the marketing order and handled by all such processors, dis tributors, or other handlers regulated by such marketing order during the marketing season or seasons during which such marketing order is effective.
(b) Each marketing order which authorizes the carrying out of advertising and sales promotion plans shall provide for the levying and collection of assessments in sufficient amounts to defray the expenses of such activities. Each such marketing order shall indicate the maximum rate of any such assessment and the proportion, if any, payable by each pro ducer and handler directly regulated or affected by such marketing order. The commission shall adopt budgets to cover such expenses and establish the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray such expenses, they may approve such budget and approve and levy such assessment. Any assessments so estab lished shall be based upon the units in which such agricultural commodity is marketed or upon any other uniform basis which the commission determines to be proper and equitable. Any assessment rates established under this subsection shall be in amounts not to exceed 4 percent of the gross dollar volume of sales by all producers or by all processors, distributors, or other handlers of such agricultural commodity regulated by such marketing order during the marketing season or seasons during which such marketing order is effective.
(c) In lieu of the assessments to defray the costs of formulation, issuance, administra tion, and enforcement of the marketing order and of advertising or sales promotion provided for in subsections (a) and (b) of this Code section, if the marketing order contains provisions for advertising or sales promotion as authorized in this article, the commission may approve and fix one assessment not exceeding 6 '/a percent of the gross dollar volume of sales of such commodity by all producers or by all processors, distributors, or other handlers of such agricultural commodity regulated by such marketing order during the marketing season or seasons during which such marketing order is effective. The method and manner of assess ment and collection thereof and the limitations and restrictions applicable thereupon shall conform in all respects with subsection (b) of this Code section, except as to the maximum amount of such assessment. In such case, the commission shall approve the proportions of

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such assessments which may be expended to defray the costs of formulation, issuance, ad ministration, and enforcement of the marketing order and of such advertising or sales pro motion program, provided that the proportion of such assessments which may be allocated in such manner to defray the cost of such administrative activities for such marketing order shall in no case exceed the maximum amount authorized in subsection (a) of this Code section.
(d) In the event that any commission has reason to believe that the administration of a marketing order will be facilitated or the attainment of the purposes and objectives of the marketing order will be promoted thereby, the commission is authorized to borrow money, with or without interest, to carry out any provision of any marketing order authorized by this article and may hypothecate anticipated assessment collections applicable to such re spective provisions.
(e) In lieu of requiring advance deposits for defraying administrative or advertising and sales promotion expenses until such time as sufficient moneys are collected for such pur poses from the payment of assessments established pursuant to this Code section, the Com missioner is authorized to receive and disburse for such purposes contributions made by producers, processors, distributors, or other handlers. Neither the commission nor the Com missioner shall be held responsible for the repayment of such contributions, provided that whenever collections from the payment of established assessments credited to the respective marketing order accounts are sufficient so to warrant, the commission shall recommend and the Commissioner shall repay contributions or shall authorize the application of such contri butions to the assessment obligations of the persons who made such contributions.
(f) Each and every handler of the agricultural commodities for which an assessment has been established by or pursuant to this article shall, at the time of purchase of any such commodity from the producer thereof, collect from such producer the assessment estab lished by or in accordance with this article and remit the same to the Commissioner for the use of the commission for which the same was levied. The liability of such handler under this article shall not be discharged except upon receipt of such sums by the Commissioner. For the purpose of this subsection, to ensure compliance with this Code section, and for the administrative convenience of the Commissioner in enforcing payment and collection of such assessments, delivery by a producer to a handler for processing of any agricultural commodity upon which an assessment has been established shall be deemed a sale of such commodity within the meaning of this Code section; and the assessment shall thereupon attach and become due, regardless of whether such handler actually purchases such agricul tural commodity for himself or only processes same for a consideration payable by the pro ducer or another person and such agricultural commodity is thereafter sold to another per son, provided that upon collection of such assessment by the handler to whom such agricultural commodity is so delivered for processing only, no further or additional assess ment shall attach or become due by reason of the subsequent sale by such producer of such processed agricultural commodity to another person or handler.
(g) The Commissioner may prescribe such rules as may be necessary and reasonable for the orderly reporting and transmitting of assessments by handlers and may take all legal action necessary to enforce payment of the same by handlers. The Commissioner is author ized to issue executions for the same in like manner as executions are issued for ad valorem property taxes due the state. It shall be the duty of each and every sheriff of this state and their lawful deputies, upon the request of the Commissioner, to levy and collect such execu tions and to make their return thereof to the Commissioner in like manner as such tax executions are levied and return thereof made to county tax collectors and tax commission ers. The Commissioner shall likewise be authorized to collect, by execution as above pro vided or otherwise, directly from the producer against whom any assessment levied under this Code section may be found due whenever it is determined that such producer has sold such affected commodity or commodities giving rise to such liability to a person other than to a handler who has collected such assessment and is required by this Code section to remit the same to the Commissioner. Furthermore, the Commissioner may proceed against such

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producer and the purchaser of such commodity simultaneously if the purchaser is a handler required to collect such assessment, until satisfaction is obtained.
(h) Any moneys collected by the Commissioner or the commission pursuant to this arti cle shall be deposited in a bank or other depository approved by the commission and shall be disbursed by the Commissioner only for the necessary expenses incurred by the commis sion and the Commissioner, as approved by the commission. Funds so collected shall be deposited and disbursed in conformity with appropriate rules and regulations prescribed by the Commissioner. All such expenditures by the Commissioner shall be audited at least an nually by the state auditor and a copy of such audit shall be delivered within 30 days after the completion thereof to the Governor, the Commissioner, and the affected commission. If any such commission is abolished, any funds remaining in its hands at such time shall be used to pay the existing obligations of such commission and the expenses incurred in wind ing up the affairs of such commission. Any excess remaining shall escheat to the state and shall be paid by the Commissioner into the state treasury as unclaimed trust funds.
(i) Moneys deposited by the Commissioner pursuant to this Code section which the commission determines are available for investment may be invested or reinvested by the Commissioner as provided for funds of this state or of any retirement system created by law, provided that all moneys invested shall be invested in those areas of production that will provide a return at the highest bank interest rate available. It shall be the duty of the commission annually to review these investments and determine that this Code section is complied with.
2-8-28. (a) Any assessment levied or established in accordance with this article in such specified amount as may be determined by the Commissioner or the commission pursuant to this article shall constitute a personal debt of every person so assessed and shall be due and payable to the Commissioner when payment is called for by the Commissioner. In the event of the failure of such person to pay any such assessment upon the date determined by the Commissioner, the Commissioner may file an action against such person in a court of com petent jurisdiction for the collection thereof.
(b) In the event that any producer or handler duly assessed pursuant to this article fails to pay to the Commissioner the amount so assessed on or before the date specified by the Commissioner, the Commissioner is authorized to add to such unpaid assessment an amount not exceeding 10 percent of such unpaid assessment to defray the cost of enforcing the collection of such unpaid assessment.
(c) The provisions of subsection (a) of this Code section with respect to collection of assessments by action are in addition to and cumulative of the provisions of this article authorizing the issuance of executions for assessments by the Commissioner. The 10 percent penalty authorized to be assessed upon delinquent assessments under subsection (b) of this Code section may likewise be included in any execution issued by the Commissioner. Such remedies may be pursued concurrently until satisfaction is obtained upon either. Any pen alty recovered shall become a part of the principal assessment levied and shall be for the use of the commission entitled thereto as are other moneys received under this article.
2-8-29. (a) The Commissioner may require any and all processors or distributors subject to the provisions of any marketing order issued pursuant to this article:
(1) To maintain books and records reflecting their operations under the marketing order;
(2) To furnish to the Commissioner or his duly authorized or designated representatives such information as may from time to time be requested by them relating to operations under the marketing order; and
(3) To permit inspection by the Commissioner or his duly authorized or designated representatives of such portions of such books and records as relate to operations under the marketing order.
(b) Information obtained by any person under this Code section shall be confidential

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and shall not be disclosed by him to any other person, except to a person with like right to obtain the information or to any attorney employed to give legal advice thereupon or by court order.
(c) In order to carry out the purposes of this Code section, the Commissioner may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, or documents of any kind.
2-8-30. Whenever the use by a producer or handler of a particular emblem, label, certifi cate, or other distinctive designation of grade, quality, or condition, other than grade or other quality designations then in effect pursuant to state or federal grade standards, is made contingent upon compliance with certain production or handling regulations author ized by a marketing order issued and made effective under this article, it shall be unlawful and a violation of this article for any person who is not participating in and complying with such order or regulations to use such designation of grade, quality, or condition.
2-8-31. (a) Any authorized inspector or other authorized person discharging his duties in the checking of compliance with any marketing order made effective pursuant to this article may enter during normal business hours and inspect any premises, enclosure, build ing, or conveyance where he has reason to believe any agricultural commodity subject to a marketing order is produced, stored, being prepared for market, or marketed and may in spect or cause to be inspected such representative samples of the commodity as may be necessary to determine whether or not any lot of such commodity is in compliance with applicable regulations of any marketing order made effective pursuant to this article.
(b) Any authorized inspector or other authorized person in the discharge of his duties, if he has reason to believe that a lot of any agricultural commodity subject to a marketing order issued under this article is not in compliance with the requirements of such marketing order or of marketing rules and regulations issued pursuant thereto, as to quality, condition, size, maturity, pack, labeling, or markings, may hold such lot for a reasonable period of time sufficient to enable such officer to ascertain by an authorized inspection whether such lot complies with such marketing requirements, but in any event not to exceed 24 hours in the case of perishables or 72 hours in the case of nonperishables, except as provided in this Code section.
(c) (1) Following inspection, an inspector or other authorized person may affix to any lot which is determined to be in noncompliance an official notice, warning tag, or other appropriate marking warning that the lot is held and stating the reasons therefor. It shall be unlawful for any person, other than an authorized inspector or enforcing officer, to detach, alter, deface, or destroy any such official notice, warning tag, or marking so affixed to any such lot or to remove or dispose of such lot in any manner or under conditions other than as prescribed in such notice of noncompliance, except upon written permission of an author ized enforcing officer or by order of a court of competent jurisdiction.
(2) The Commissioner or the authorized person by whom such lot is being held shall serve the person in possession of such lot with a notice of noncompliance. Such notice shall be served in person or by mail to the last known address of the person in possession. It shall be the duty of the person in possession to notify the owner of the lot or other persons having an interest therein of the serving of such notice of noncompliance.
(3) Such notice of noncompliance shall include a description of the lot and the place where and reasons for which it is held and shall cite the applicable marketing order or marketing rules and regulations and the Code section upon which the notice of noncompli ance is based.
(d) (1) The owner of a lot shall have, in the case of a perishable commodity, not more than 48 hours and, in the case of a nonperishable commodity, not more than 72 hours from the time of the service of a notice of noncompliance for reconditioning or for the correction of the deficiencies noted in the notice of noncompliance. If such lot is reconditioned or the deficiencies are corrected, the enforcing officer shall remove the warning tags or markings

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and release the lot for marketing, provided that with the consent of the owner of the lot, the enforcing officer is authorized to divert the lot to other lawful uses or to destroy the lot.
(2) (A) If the owner of the lot fails or refuses to give consent to its diversion to other lawful uses or to its destruction or if the lot has not been reconditioned or the deficiencies otherwise corrected so as to bring the lot into compliance within the time specified in the notice, then the enforcing officer shall proceed as provided in this subsection.
(B) The Commissioner may file a verified petition in the superior court of the county where the agricultural commodity is held or the county of the residence of the owner thereof requesting permission to divert such lot to any other available lawful use or to destroy such lot. Such verified petition shall show the condition of the lot; that the lot is situated within the territorial jurisdiction of the court in which the petition is being filed or that the owner thereof resides within the jurisdiction of the court; that the lot is held and the notice of noncompliance has been served as provided in this Code section; that the lot has not been reconditioned as required; the name and address of the owner and the person in possession of the lot; and that the owner has refused permission to divert or to destroy the lot. Upon the filing of such verified petition the court may issue an order to show cause, returnable five days after service upon the owner, why the lot shall not be reconditioned or the defi ciencies corrected or why the lot shall not be diverted to other lawful uses or destroyed. The owner of the lot may, prior to the date when the order to show cause is returnable, either recondition or correct the deficiencies in the lot so as to bring the lot into compliance or file at or before the hearing on the order an answer with the court showing why the lot should not be reconditioned or the deficiencies corrected so as to bring it into compliance or show ing why the lot should not be diverted to other lawful uses or destroyed.
(C) If, at the expiration of the five days, the owner of the lot has failed or refused to recondition or to correct the deficiencies so as to bring the lot into compliance, the court may enter judgment ordering that the lot be reconditioned, diverted to any other lawful uses, or destroyed in the manner directed by the court or that the lot be relabeled, dena tured, or otherwise processed or that the lot be sold or released upon such condition as the court in its discretion may impose, provided that the lot may not be sold or released into the regular channels of trade.
(D) In the event of the sale of any lot by order of the court, the costs of storage, han dling, and reconditioning or disposal shall be deducted from the proceeds of the sale and the balance, if any, shall be paid into the court for the account of the owner of any such lot.
(e) Disposal of any lot or portion of any lot pursuant to this Code section, whether such disposal is by arrangement with an enforcing officer or by court order, shall not waive any of the penalty provisions of this article.
(f) This Code section shall apply to any lot of any agricultural commodity regulated by a marketing order wherever or in the possession of whomever such lot may be in the mar keting channels within this state.
2-8-32. Any person who violates any provision of this article or any marketing order duly issued by any commission and in effect under this article or who violates any rule or regulation issued by the Commissioner pursuant to this article or of any marketing order duly issued and effective under this article shall be civilly liable to such commission for a penalty in an amount not to exceed $500.00 for each and every violation thereof, the amount of such penalty to be fixed by the Commissioner after notice and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for contested cases and recoverable by a civil action brought in the name of the Commissioner for the use and bene fit of the affected commission or by execution issued in like manner as for assessments pro vided by Code Section 2-8-27. Any moneys recovered pursuant to this Code section shall be deposited and disbursed in accordance with subsection (e) of Code Section 2-8-27 as are other moneys.
2-8-33. (a) The Attorney General of this state shall, upon complaint by the Commis sioner, or may, upon his own initiative if after examination of the complaint and evidence

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he believes a violation has occurred, bring an action in the superior court in the name of the Commissioner for civil penalties or for injunctive relief, including specific performance of any obligation imposed by a marketing order or any rule or regulation issued under this article, or both, against any person violating any provisions of this article or of any market ing order or any rule or regulation duly issued by the Commissioner or any commission under this article.
(b) If it appears to the court, upon any application for a temporary restraining order, upon the hearing of any order to show cause why a preliminary injunction should not be issued, or upon the hearing of any motion for a preliminary injunction, or if the court finds in any such action that any defendant therein is violating or has violated any provision of this article or of any marketing order or any rule or regulation duly issued by the Commis sioner or any commission under this article, then the court shall enjoin the defendant from committing further violations and may compel specific performance of any obligation im posed by a marketing order or any rule or regulation issued by the Commissioner or com mission under this article. It shall not be necessary in such event to allege or prove lack of an adequate remedy at law.
(c) In any action brought by the Attorney General to enforce any of the provisions of this article or of any marketing order issued by the Commissioner or any commission and effective under this article or of any rule or regulation issued by the Commissioner or any commission pursuant to any marketing order, the judgment, if in favor of the Commissioner or the commission, may provide that the defendant pay to the Commissioner or to the com mission concerned with the administration of such marketing order the costs incurred by the Commissioner or by the commission in the prosecution of such action.
2-8-34. (a) The Commissioner on his own motion may, and upon the complaint of any interested party charging a violation of any provision of this article or of any provision of any marketing order or any rule or regulation issued by the Commissioner or commission and effective under this article shall, either refer the matter directly to the Attorney General of this state or to any prosecuting attorney of this state for the institution of legal proceed ings thereupon or, if the Commissioner deems it necessary or advisable, immediately call an administrative hearing, pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' governing contested cases, to consider the charges set forth in such verified complaint.
(b) In case the matter is referred directly by the Commissioner to the Attorney General or any prosecuting attorney, it shall be the duty of such officer, if after examination of the complaint and the evidence he believes that a violation has occurred, to bring an appropri ate action or actions in a court or courts of competent jurisdiction in this state.
(c) After an administrative hearing, if the Commissioner finds that a violation has oc curred, he shall enter his findings and notify the parties to such complaint. In his discretion, the Commissioner shall either refer the matter to the Attorney General for the institution of legal proceedings or notify such parties to cease and desist from further violation. Upon the refusal or failure of such parties to comply or if he finds that the facts or circumstances warrant immediate prosecution, the Commissioner shall file a complaint with the Attorney General or with any prosecuting attorney of this state requesting that such officer commence any or all actions authorized in this article against such respondent or respondents in a court of competent jurisdiction.
2-8-35. (a) Any person who willfully renders or furnishes a false or fraudulent report, statement, or record required pursuant to this article or any marketing order effective under this article shall be guilty of a misdemeanor.
(b) Any person engaged in the handling or processing of any agricultural commodity or in the wholesale or retail trade thereof who fails or refuses to furnish, upon request, infor mation concerning the name and address of the persons from whom he has received an agricultural commodity regulated by a marketing order issued and in effect under this arti cle and the quantity of such commodity received shall be guilty of a misdemeanor.

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2-8-36. Any person who violates any provision of this article or any provision of any marketing order duly issued by any commission under this article shall be guilty of a misdemeanor.
2-8-37. The penalties and remedies prescribed in this article with respect to any viola tion mentioned shall be concurrent and alternative. Neither singly or combined shall such penalties and remedies be exclusive; rather, either singly or combined, such penalties and remedies shall be cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided or allowed by law with respect to any such violation.
2-8-38. This article shall not be applicable to any retailer of agricultural commodities except to the extent that any retailer also engages in the processing or distribution of agri cultural commodities as defined in this article."
ARTICLE 3
2-8-50. This article shall apply only to the Agricultural Commodity Commission for Peanuts.
2-8-51. As used in this article, the term:
(1) 'Advertising and sales promotion' means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the normal flow of peanuts to market and may include the presentation of facts to and negotiations with state, federal, or foreign governmental agen cies on matters which affect the marketing of peanuts included in any marketing order made effective pursuant to this article.
(2) 'Commission' means the Agricultural Commodity Commission for Peanuts created under this article.
(3) 'Distributor' means any person who engages in the operation of selling, marketing, or distributing peanuts which he has produced or has purchased or acquired from a pro ducer or which he is marketing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise, but shall not include a retailer as defined in this Code section, except a retailer who purchases or acquires from, or handles on behalf of, any producer, peanuts not theretofore subjected to regulation by the marketing order covering peanuts.
(4) 'Handler' means any person engaged within this state as a distributor in the busi ness of distributing peanuts or any person engaged as a processor in the business of process ing peanuts.
(5) "Marketing order' means an order issued pursuant to this article prescribing rules and regulations governing the processing, distributing, or handling in any manner of pea nuts within this state or establishing an assessment for financing the programs established under this article.
(6) 'Person' means an individual, firm, corporation, association, or any other business unit or any combination thereof and includes any state agency which engages in any of the commercial activities regulated pursuant to this article.
(7) 'Peanuts' means peanuts and peanut products produced in this state or any class, variety, or utilization thereof, either in their natural state or as processed by a producer for the purpose of marketing such product or by a processor as defined in this Code section.
(8) 'Processor' means any person engaged within this state in the operation of receiving, grading, packing, canning, extracting, preserving, grinding, crushing, or changing the form of peanuts for the purpose of preparing peanuts for market or of marketing such peanuts or engaged in any other activities performed for the purpose of preparing such peanuts for market or of marketing such peanuts but shall not include a person engaged in manufactur ing another and different product from peanuts, so changed in form. The term 'processor' shall not include an agent of the processor nor any person who receives peanuts for or on the account of another person.

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(9) 'Producer' means any person engaged within this state in the business of producing or causing to be produced for market peanuts as defined in this Code section.
(10) 'Producer marketing' or 'marketed by producers' means any or all operations per formed by any producer in preparing for market and includes selling, delivering, or dispos ing of, for commercial purposes, peanuts which he has produced to any handler as defined in this Code section.
(11) 'Retailer' means any person who purchases or acquires peanuts for resale at retail to the general public for consumption off the premises; however, such person shall also be included within the definition of 'distributor,' as set forth in this Code section, to the extent that he engages in the business of a distributor as defined in this Code section.
(12) 'Seasonal marketing regulations' means marketing regulations, applicable to a par ticular marketing order, made effective as prescribed in this article for the purpose of carry ing into effect, by administrative order, the marketing regulatory authorizations and the provisions of such marketing order, as such authorizations or provisions may be applicable to or required by changing economic or marketing conditions and requirements from time to time during each marketing season in which such marketing order may operate. Such sea sonal marketing regulations shall not extend beyond the marketing order concerned; nor shall they modify or change the language of such marketing order.
(13) 'To distribute' means to engage in the business of a distributor as defined in this Code section.
(14) 'To handle' means to engage in the business of a handler as defined in this Code section.
(15) 'To process' means to engage in the business of a processor as defined in this Code section.
2-8-52. (a) The Agricultural Commodity Commission for Peanuts which was initially established August 1, 1961, pursuant to the 'Georgia Agricultural Commodities Promotion Act,' (Ga. L. 1961, p. 301), as amended, is continued in existence and is ratified and con firmed as a public corporation and instrumentality of the State of Georgia from and since such date. The Agricultural Commodity Commission for Peanuts shall be organized and constituted, have corporate existence, and possess powers and duties as stated in this article and shall be governed and controlled by this article.
(b) Marketing Order No. 3 for Peanuts which was adopted by the Agricultural Com modity Commission for Peanuts and which was continued in existence until June 30, 1991, shall continue in effect under the provisions of this article until such date.
(c) All rules, regulations, and orders of the Agricultural Commodity Commission for Peanuts in force and effect on July 1, 1989, shall remain in effect until otherwise amended or repealed pursuant to this article.
(d) Prior to April 30, 1991, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-63 to determine whether the commission shall continue to exist and operate under this article.
2-8-53. (a) The Agricultural Commodity Commission for Peanuts shall be composed of five members, who shall be peanut producers to be elected in the manner provided in sub section (b) of this Code section.
(b) (1) For the purpose of electing the five members of the Agricultural Commodity Commission for Peanuts, the commission shall divide those counties within this state in which peanuts are produced into five districts, each of which shall have approximately equal quota pound production of peanuts. Any county in which peanuts are not produced shall not be included in any of the five districts. Such districts in existence on July 1, 1989, shall remain as constituted on such date until otherwise changed by the commission.
(2) The five producer members of the Agricultural Commodity Commission for Peanuts who are serving as such on July 1, 1989, shall continue as members for the remainder of

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their unexpired terms. Prior to the expiration of a term of office, it shall be the duty of the commission to conduct an election for a successor. Except as otherwise provided in this Code section, elections shall be called and conducted in the manner specified by the com mission. One member shall be elected from each district by the producers of peanuts resid ing in such district. To be eligible for election, a person must be a peanut producer. No producer of peanuts residing within the district shall be denied the right to seek election to membership on the commission.
(3) A person must receive a majority of the votes cast for a position in order to be elected to such position. If no person receives a majority of the votes cast for such position, a run-off election shall be conducted by the commission. Any member may succeed himself as a member of a commission. Members shall have terms of office of three years each and until their respective successors are elected and qualified.
(4) Vacancies in the membership of the commission shall be filled by election in the same manner as the original election of such members. Any person elected to fill a vacancy shall be elected for the remainder of the unexpired term.
(c) The members of the commission shall receive compensation and reimbursement of expenses as shall be provided by the commission, and such funds shall be payable from the funds of the commission. The commission shall keep comprehensive and detailed records of all compensation and expense reimbursement paid to each member of the commission. In connection with the audits provided for in subsection (h) of Code Section 2-8-67, the state auditor shall annually prepare a comprehensive and detailed report of the compensation and reimbursement paid to each member of the commission and shall provide a copy of such report to the commission; and such report shall be available to any producer of peanuts upon written request of any such producer.
(d) It shall be the duty of the commission to certify to the Secretary of State the mem bership of the commission and each change in membership as the same occurs.
2-8-54. (a) The commission is authorized to appoint advisory boards, special commit tees, and individuals, including technical and clerical personnel, to advise, aid, and assist the commission in the performance of its duties. Compensation for such services shall be fixed by the commission and may be paid from the funds of the commission. The Attorney Gen eral shall represent the commission in legal matters and shall be the attorney for the com mission. If the Attorney General determines that outside legal counsel is necessary or desir able in connection with any legal matter of the commission, he shall so inform the commission and, upon approval of the commission, he shall employ such outside counsel. Compensation for such outside counsel shall be agreed upon between such counsel and the Attorney General, subject to the approval of the commission. Such compensation shall be paid from the funds of the commission. Neither Code Section 16-10-9 nor any other law shall prohibit or be applicable to the employment of such counsel.
(b) The commission is authorized to accept donations, gifts, and other property and to use the same for commission purposes. The commission may exercise the powers and au thority conferred by law upon corporations.
(c) The commission shall continue as a public corporation and instrumentality of the State of Georgia until abolished by law or until terminated by referendum.
2-8-55. The commission shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, the commission may contract and be con tracted with, implead and be impleaded and complain and defend in all courts. The com mission shall name its chairman and determine a quorum for the transaction of business. The commission shall assume the duties and exercise the authority provided in this article without further formality than that provided in this article. Each member of the commis sion shall be a public officer and shall take an oath of office faithfully to perform his duties. Such oath shall be administered by the Governor or some other person qualified to adminis ter oaths. The fact of a member's election shall be certified to the Secretary of State, who shall issue the appropriate commission under the seal of his office.

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2-8-56. The commission is authorized and it shall be its duty to receive, collect, and disburse the funds of the commission.
2-8-57. Funds received by the commission under this article shall be held in trust for the commission. Such funds shall be deposited, accounted for, and disbursed in the same manner as the funds of this state but shall not be required to be deposited in the state treasury and appropriated therefrom as are other state funds. It is the express intent and purpose of this article to authorize the receipt, collection, and disbursement by the commis sion of such funds as trust funds of the commission without complying with the requirement applicable to funds collected for the use and benefit of the state.
2-8-58. Any persons who handle funds under this article shall be bonded with good and sufficient surety in an amount determined by the commission for the accounting of any and all funds coming into their hands. All checks, drafts, and negotiable instruments which are drawn on or payable from the funds of the Agricultural Commodity Commission for Pea nuts shall be signed by either the chairman or treasurer of the commission. It shall be the duty of the commission to elect annually a treasurer from among the membership of the commission. The treasurer shall have such powers and perform such duties as shall be pro vided by the commission.
2-8-59. The members and employees of the commission shall not be held responsible individually in any way whatsoever to any producer, processor, distributor, or other handler or to any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of the commission. The liability of the members of the commission shall be several and not joint and no member shall be liable for the default of any other member.
2-8-60. The commission is authorized to confer with and to make any information ob tained pursuant to this article available to the duly constituted governmental authorities of this state, of other states, of political subdivisions of this state or other states, and of the United States who, by reason of their duties, have legitimate concern with the subject and to cooperate with all such authorities for the purpose of obtaining administrative uniformity and achieving the objectives of this article.
2-8-61. (a) The commission is authorized to issue, administer, and enforce the provi sions of marketing orders regulating producer marketing or the handling of peanuts within this state.
(b) (1) Whenever the commission has reason to believe that the issuance of a marketing order or amendments to an existing marketing order will tend to effectuate the declared policy of this article with respect to peanuts, it shall, either upon its own motion or upon the application of any producer of peanuts or any organization of such persons, give due notice of and an opportunity for a public hearing upon a proposed marketing order or amendments to an existing marketing order.
(2) Notice of any hearing called for such purpose shall be given by the commission by publishing a notice of such hearing for a period of not less than five days in a newspaper of general circulation published in the capital of the state and in such other newspapers as the commission may prescribe. No such public hearing shall be held prior to five days after the last day of such period of publication. The commission shall also mail a copy of such notice of hearing and a copy of such proposed marketing order or proposed amendments to all producers of peanuts whose names and addresses appear upon lists of such persons on file with the commission and who may be directly affected by the provisions of such proposed marketing order or such proposed amendments. Such notice of hearing shall in all respects comply with the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Proce dure Act.'
(3) The hearing shall be public and all testimony shall be received under oath. A full and complete record of the proceedings at such hearing shall be made and maintained on

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file in the office of the commission. The hearing shall, in all respects, be conducted in accor dance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing may be conducted by the commission or by a member of the commission, as may be desig nated by the commission in each instance, but no decision shall be made based on hearings conducted other than by the commission itself, at which a majority of the members thereof are present, until the members of the commission have been afforded an opportunity to review the hearing record. Where the commission conducts hearings, its recommendation shall be based on the findings reached after a review of the record of the hearing.
(c) (1) In order to provide the commission with accurate and reliable information with respect to the persons who may be directly affected by any proposed marketing order for peanuts when such information is not then on file with the commission, the commission is authorized and directed, whenever the commission has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of this article or upon receipt of a written application for a hearing pursuant to subsection (b) of this Code section, to notify all handlers of peanuts, by publication of a notice as required in paragraph (2) of this sub section, to file with the commission within ten days from the last date of such publication a report, properly certified, showing:
(A) The correct name and address of such handler;
(B) The quantities of peanuts affected by the proposed marketing order handled by such handler in the marketing season next preceding the filing of such report;
(C) The correct names and addresses of all producers of peanuts who may be directly affected by such proposed marketing order, from whom such handler received peanuts in the marketing season next preceding the filing of such report; and
(D) The quantities of peanuts received by such handler from each such producer in the marketing season next preceding the filing of such report.
(2) The notice to handlers requiring them to file a report shall be published by the commission for a period of not less than five days in a newspaper of general circulation published in the capital of the state and in such other newspaper or newspapers as the commission may prescribe. The commission shall also mail a copy of such notice to all han dlers of peanuts whose names and addresses appear upon the lists on file with the commis sion who may be directly affected by such proposed marketing order.
(3) Each handler of peanuts directly affected by a proposed marketing order shall file his verified report with the commission within the time specified in paragraph (1) of this subsection. Failure or refusal of any handler to file such report shall not invalidate any proceeding taken or marketing order issued. The commission is authorized and directed to proceed upon the basis of such information and reports as may otherwise be available.
(4) From the reports so filed and the information so received or available to the com mission, including any proper corrections, the commission shall prepare a list of the names and addresses of such producers and the volume of peanuts produced or marketed by all such producers and a list of the names and addresses of such handlers and the volume of peanuts handled by all such handlers, directly affected by such proposed marketing order or amendments thereto, in the preceding marketing season. Such lists shall constitute complete and conclusive lists for use in any finding made by the commission pursuant to subsection (a) of Code Section 2-8-63 and such findings shall be conclusive.
(5) The information contained in the individual reports of handlers filed with the com mission pursuant to this Code Section shall not be made public in such form. The informa tion contained in such reports may be prepared in combined form for use by the commis sion, its agents, or other interested persons in the formulation, administration, and enforcement of a marketing order or may be made available pursuant to court order. Such information shall not be made available to anyone for private purposes.
2-8-62. (a) If, upon the basis of the record of testimony and documentary evidence re ceived at the hearing provided for in Code Section 2-8-61 and the facts officially noticed

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therein from official publications or institutions of recognized standing, the commission de termines that the issuance of a marketing order or an amendment will tend to effectuate the intent and purpose of this article, it may recommend the promulgation of a marketing order or amendment with respect to the matters specified in the hearing notice and supported by the record, containing any or all of the following provisions, but no others:
(1) Provisions regulating the period or periods during which peanuts or any grade, size, or quality of peanuts may be processed, distributed, or otherwise marketed within this state by any and all persons engaged in such processing, distributing, or marketing within this state; such periods shall be established by the commission so as to conform to the better principles of sound agricultural practices with respect to production of the peanuts in order to secure, so far as is commercially practical, a sufficient supply of good quality of each grade of peanuts proportionate to normal market demand and to prevent disruptive market ing practices likely to result in oversupply or scarcity, which create unnecessarily inflated prices to consumers and handlers, depressed prices to producers, or salability of products of inferior grade and quality due to unavailability of good quality products;
(2) Provisions establishing or providing for establishing, with respect to peanuts, either as delivered by producers to handlers or processors or as handled, processed, or otherwise prepared for market or as marketed by producers, handlers, or processors:
(A) Grading standards of quality, condition, size, maturity, or pack, which standards may include minimum standards, provided that the standards so established shall not be established below any minimum standards prescribed by law for peanuts; and
(B) Uniform inspection and grading of peanuts in accordance with the standards so established.
(3) Provisions for the establishment of plans for advertising and sales promotion to maintain present markets or to create new or larger markets for peanuts grown in this state or for the prevention, modification, or removal of trade barriers which obstruct the normal flow of peanuts to market. The commission is authorized to prepare, issue, administer, and enforce plans for promoting the sale of peanuts, provided that any such plan shall be di rected toward promoting and increasing the sale, use and utilization of peanuts without reference to a particular brand or trade name; and provided, further, that no advertising or sales promotion program shall be issued by the commission which makes use of false or unwarranted claims in behalf of any such product or disparages the quality, value, sale, or use of any other agricultural commodity;
(4) Provisions prohibiting unfair trade practices by which any producer or handler tends toward establishment of monopoly, unfairly discriminates among customers as to price or quality, or engages in fraudulent, deceptive, or misleading representations, conceal ment, or other similar sharp business practices which are harmful to his or its customers, injurious to competitors, likely to bring into disrepute persons generally engaged in produc tion and handling of peanuts, or detrimental to the intent and purpose of this article;
(5) Provisions for carrying on research studies in promoting the production, marketing, sale, use and utilization, processing, and improvement of peanuts or any combination thereof and for the expenditure of moneys for such purposes. In any research carried on under this paragraph, the dean of the College of Agriculture of the University of Georgia and the commission shall cooperate in selecting the research project or projects to be carried on from time to time. Insofar as practicable such projects shall be carried out by the College of Agriculture but, if the dean of the college and the commission determine that the college has no facilities for a particular project or that some other research agency has better facili ties therefor, the project may be carried out by other research agencies selected by the commission;
(6) Provisions establishing or providing authority for establishing, either as peanuts are produced or are delivered by producers to handlers or as peanuts are handled or otherwise prepared for market or as peanuts are marketed by producers or handlers, an educational

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program designed to acquaint producers, handlers, or other interested persons with quality improvement, including sanitation practices, procedures, or methods as applied to peanuts;
(7) Provisions for the promotion of the marketing of surplus peanuts through the estab lishment of surplus, stabilization, or by-product pools for peanuts or any grade, size, quality, or condition thereof, providing for the sale of the peanuts in any such pool and for the equitable distribution among the persons participating therein of the net returns derived from the sale of such peanuts. Whenever the marketing order authorizes the establishment of any such pool or pools, the commission shall have the power to receive such peanuts from each producer or handler, to handle the same according to the grade, size, quality, or condi tion thereof, and to account to each producer or handler participating therein upon a pro rata basis for the net proceeds derived from the sale thereof. Whenever the marketing order authorizes the establishment of a surplus, stabilization, or by-product pool, the commission shall have authority to promote the marketing of surplus peanuts by making arrangements for and operating any necessary facilities for the storing, financing, grading, hauling, pack ing, servicing, processing, preparing for market, selling, and disposing of the contents of any pools provided for in this paragraph. Whenever the marketing order authorizes the estab lishment of any type of pool authorized in this paragraph, the commission shall have au thority to create, by a uniform assessment upon producers, or to maintain and disburse, upon some other uniform and equitable basis, an equalization fund to be used for the re moval of any inequalities between producers or handlers participating in any pool; and
(8) Provisions for the establishment and management of a stabilization fund to compen sate producers of peanuts for peanuts which must diverted or which fail to qualify for mar keting or sale in regular marketing channels due to grade, quality, or size regulations. The commission shall be authorized to provide, by regulations, for the administration of such stabilization fund, including regulations as to the type, quality or grade of peanuts, the amount of stabilization support, reporting, and qualifying procedures. Whenever the mar keting order authorizes the establishment of any type of stabilization fund authorized in this paragraph, the commission shall have the authority to create such fund by a uniform assessment upon producers of peanuts and to maintain and disburse such stabilization fund in accordance with the purposes set out in this paragraph.
(b) All provisions authorized by this Code section which are contained in marketing orders and amendments thereto heretofore adopted by the Agricultural Commodity Com mission for Peanuts and in effect on July 1, 1989, shall be and remain of full force and effect until repealed or modified by the commission as provided in this article.
2-8-63. (a) (1) No marketing order or major amendment thereto, directly affecting pro ducers or producer marketing, issued pursuant to this article, shall be made effective by the commission until the finding of one or more of the following:
(A) That such marketing order or amendment thereto has been assented to in writing by not less than 65 percent of the producers who are engaged within the area specified in such marketing order or amendment thereto in the production for market or the producer marketing of not less than 51 percent of the peanuts specified therein in commercial quantities;
(B) That such marketing order or amendment thereto has been assented to in writing by producers who produce not less than 65 percent of the volume of peanuts and by 51 percent of the total number of producers so engaged; or
(C) That such marketing order or amendment thereto has been approved or favored by producers in a referendum among producers directly affected if the valid votes cast in such referendum in favor of such marketing order or amendment thereto represent not less than 51 percent of the total number of producers of peanuts of record with the commission who marketed not less than 51 percent of the total quantity of the peanuts marketed in the next preceding marketing season by the total number of producers of record with the commission.
(2) Whenever any marketing order or any major amendment to any marketing order is

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issued by the commission, the commission shall determine whether assent, approval, or favor thereto of the producers shall be by written assents or by referendum.
(3) If the commission determines that a referendum shall be had, the commission shall establish a referendum period of 30 days. At the close of such referendum period, the com mission shall count and tabulate the ballots filed during such period. If from such tabulation the commission finds that the number of producers voting in favor of such marketing order or amendment thereto is not less than 51 percent of the total number of producers of record with the commission and that such producers who voted in favor of the marketing order or amendment thereto marketed not less than 51 percent of the total volume of peanuts mar keted by all producers of record with the commission during the marketing season next preceding such referendum, the commission may make such marketing order or amendment thereto effective. The commission is authorized to prescribe such additional procedures as may be necessary to conduct such referendum.
(4) At a public hearing held to consider a proposed marketing order or major amend ments to an existing marketing order which directly affect producers or producer marketing, the commission shall also receive testimony or evidence from which it can determine whether the assent, approval, or favor of such producers shall be determined by written assents or by referendum as prescribed in this Code section. Upon the conclusion of any hearing which involves a marketing order or a major amendment thereto directly affecting producers or producer marketing, the commission shall make a finding, based upon the tes timony and evidence received, whether producer assent, approval, or favor shall be deter mined by written assents or by referendum. If the commission finds that a referendum shall be had, it shall direct that a referendum be held in accordance with this subsection.
(5) Any referendum or assent in writing to a marketing order under paragraphs (3), (5), and (6) of subsection (a) of Code Section 2-8-62 shall be held pursuant to this Code section; and upon the approval thereof by two-thirds of those voting therein, where the total vote cast thereon represents not less than 25 percent of those eligible to vote or where the total vote cast thereon represents not less than 25 percent of the total amount of peanuts, such marketing order may be declared by the commission to be approved.
(6) In the event of the failure of any proposed marketing order to be approved, no additional referendum thereon shall be held during a period of 12 months from the date of the close of the previous referendum period.
(b) Subject to the provisions, restrictions, and limitations imposed in this article, the commission may issue marketing orders regulating producer marketing and the processing, distributing, or handling in any manner of peanuts by any and all persons engaged in such producer marketing, processing, distributing, or handling of peanuts within this state.
(c) (1) Upon the recommendation of not less than three members of the commission, the commission may make effective minor amendments to a marketing order. The commis sion may require a public hearing upon minor amendments if in its opinion the substance of such minor amendments so warrants. The commission, however, shall not be required to submit minor amendments for written assents or referendum approval.
(2) In making effective major amendments to a marketing order, the commission shall follow the same procedures prescribed in this article for the institution of a marketing order. For the purpose of this article, a major amendment to a marketing order shall include, but shall not be limited to, any amendment which adds to or deletes from any such marketing order any of the following types of regulations or authorizations:
(A) Authority for regulating the period or periods during which peanuts or any grade, size, or quality of such peanuts may be processed, distributed, or otherwise marketed within this state;
(B) Authority for the establishment of uniform grading and inspection of peanuts and the establishment of grading standards of quality, condition, size, or pack of such peanuts;

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(C) Authority for the establishment of plans for advertising and sales promotion of peanuts;
(D) Authority to prohibit unfair trade practices;
(E) Authority for carrying out research studies in the production, processing, or distri bution of peanuts;
(F) Authority to increase an assessment rate beyond the maximum rate authorized by the marketing order in effect; or
(G) Authority to extend the application of the provisions of any marketing order to portions or uses of peanuts not previously subject to such provisions or to restrict or extend the application of such provisions upon the producers or handlers of such portions or uses of such peanuts.
(3) Modification of any provisions of any marketing order in effect, for the purpose of clarifying the meaning or application of such provisions or of modifying administrative pro cedures for carrying out such provisions, are declared not to be a major amendment of such marketing order.
(d) Upon the issuance of any order making effective a marketing order or any suspen sion, amendment, or termination thereof, a notice thereof shall be posted on a public bulle tin board maintained at the offices of the commission; and a copy of such notice shall be published as the commission may prescribe. No marketing order nor any suspension, amendment, or termination thereof shall become effective until the termination of a period of five days from the date of such posting and publication. It shall also be the duty of the commission to mail a copy of the notice of such issuance to all persons directly affected by the terms of such marketing order, suspension, amendment, or termination whose names and addresses are on file in the office of the commission and to every person who files in the office of the commission a written request for such notice.
(e) The commission shall have the power, consistent with this article and in accordance with marketing orders and agreements made effective under this article, to establish such general rules and regulations for uniform application to all marketing orders issued under this article as may be necessary to facilitate the administration and enforcement of such marketing orders. The provisions of subsection (d) of this Code section relative to posting, publication, and time of taking effect shall be applicable to any such general rule or regula tion established pursuant to this subsection and applicable to marketing orders generally. Such notice shall be furnished by the commission for each marketing order in active operation.
(f) The commission shall have the power, consistent with this article, to establish ad ministrative rules and regulations for each marketing order issued and made effective as may be necessary to facilitate the supervision, administration, and enforcement of each such order. The provisions of subsection (d) of this Code section relative to posting, publication, mailing of notice, and time of taking effect shall be applicable to any such administrative rules and regulations.
(g) Unless extended as provided in this Code section, all marketing orders issued under the authority of this article shall expire, terminate, and become of no force and effect at the expiration of three years from the date of the issuance of the original marketing order or, if such marketing order has been extended, at the expiration of three years after the date of any such extension.
(h) In the event either one of the following conditions is complied with, a marketing order shall be extended for a period of three years after the date of its original expiration:
(1) Assent has been given in writing to such marketing order by not less than two-thirds of the producers participating; or
(2) Approval or favor of such marketing order has been given by producers in a referen-

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dum among producers directly affected if at least 66% percent of the votes cast in such referendum favor the extension of such marketing order.
(i) If the commission determines that a referendum shall be held, the commission shall establish a referendum period of 30 days, such referendum period to terminate at least 30 days prior to the expiration date of the marketing order which is the subject of such referen dum. At the close of such referendum period, the commission shall count and tabulate the ballots cast during such period. If from such tabulation the commission finds that the num ber of producers voting in favor of the extension of such marketing order is not less than 66% percent of the total number of ballots cast, then such marketing order shall be ex tended for a period of three years after the expiration date. If it is found from the tabula tion of such referendum that the number of producers who had voted in favor of the exten sion of such marketing order is less than the required 66% percent of the total number of ballots cast, then the marketing order shall expire, terminate, and be of no force and effect as provided in subsection (g) of this Code section.
2-8-64. Marketing orders issued by the commission under this article may be limited in their application by prescribing the marketing areas or portions of the state in which a particular order shall be effective, provided that no marketing order shall be issued by the commission unless it embraces all persons of a like class who are engaged in a specific and distinctive agricultural industry or trade within this state.
2-8-65. (a) The commission without prior notice to and public hearing for the producers or handlers of the peanuts directly affected, may issue and make effective seasonal market ing regulations or modifications thereof, provided that the marketing order, made effective after due notice, public hearing, and written assent as required by this article, (1) provides for the issuance or modification of such seasonal marketing regulations without requiring such prior notice and public hearing, and (2) sets forth the limits within which such seasonal marketing regulations may be made effective or subsequently modified by the commission; and provided, further, that the commission finds that such seasonal marketing regulations or modifications thereof are reasonable and proper and a practical means of carrying out the marketing provisions authorized in such marketing order or agreement and will effectuate the declared purposes and policies of this article with respect to peanuts. Notice of the issuance and the effective date of any such seasonal marketing regulations or modifications thereof shall be given by the commission to all producers and handlers directly affected by any such regulations in the manner and within the time specified in the applicable market ing order or, in absence of such, as may be specified by the commission or as specified in the administrative rules and regulations made effective for such marketing order pursuant to subsection (f) of Code Section 2-8-63.
(b) It is recognized that with respect to some peanuts, marketing, weather, and other conditions may change so rapidly as to require changes in seasonal marketing regulations from week to week or more often. It is intended that this Code section be interpreted liber ally so that the commission may be enabled to carry out the marketing regulations and procedures authorized in this Code section in a practical and effective manner.
2-8-66. Whenever producers or handlers of peanuts regulated by a marketing order is sued by the commission pursuant to this article are required to comply with minimum qual ity, condition, size, or maturity regulations, no person, except as otherwise provided in such order, shall process, distribute, or otherwise handle any of such peanuts from any source, whether produced within or outside this state, which peanuts do not meet such minimum requirements applicable to producers or handlers of such peanuts in this state, provided that such regulations shall not apply to any peanuts which have been produced outside of this state and are in transit on the effective date of the regulations.
2-8-67. (a) For the purpose of providing funds to defray the necessary expenses incurred by the commission in the formulation, issuance, administration, and enforcement of each marketing order issued under this article, each such marketing order shall provide for the levying and collection of assessments in sufficient amounts to defray such expenses. Each marketing order shall indicate the maximum rate of any such assessment which may be

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collected and the proportion, if any, payable by each producer and handler directly regu lated or affected by such marketing order. In administering such marketing order, the com mission shall adopt, from time to time, budgets to cover necessary expenses and the assess ment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray the necessary expenses, it may approve such budget and rate of assessment and order that each producer and handler so assessed shall pay to the commission, at such times and in such installments as the commission may prescribe, an assessment, based upon the units in which peanuts are marketed or upon any other uniform basis which the commission de termines to be reasonable and equitable, but in amounts which (1) in the case of producers will not exceed 2V4 percent of the gross dollar volume of sales of the peanuts affected by all such producers regulated by such marketing order, or (2) in the case of processors, distribu tors, or other handlers will not exceed 2V4 percent of the gross dollar volume of purchases of peanuts affected by the marketing order from producers or of the gross dollar volume of sales of peanuts affected by the marketing order and handled by all such processors, distrib utors, or other handlers regulated by such marketing order during the marketing season or seasons during which such marketing order is effective.
(b) Each marketing order which authorizes the carrying out of advertising and sales promotion plans shall provide for the levying and collection of assessments in sufficient amounts to defray the expenses of such activities. Each such marketing order shall indicate the maximum rate of any such assessment and the proportion, if any, payable by each pro ducer and handler directly regulated or affected by such marketing order. The commission shall adopt budgets to cover such expenses and establish the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray such expenses, they may approve such budget and approve and levy such assessment. Any assessments so estab lished shall be based upon the units in which peanuts are marketed or upon any other uniform basis which the commission determines to be proper and equitable. Any assessment rates established under this subsection shall be in amounts not to exceed 4 percent of the gross dollar volume of sales by all producers or by all processors, distributors, or other han dlers of peanuts regulated by such marketing order during the marketing season or seasons during which such marketing order is effective.
(c) In lieu of the assessments to defray the costs of formulation, issuance, administra tion, and enforcement of the marketing order and of advertising or sales promotion provided for in subsections (a) and (b) of this Code section, if the marketing order contains provisions for advertising or sales promotion as authorized in this article, the commission may approve and fix one assessment not exceeding 6V4 percent of the gross dollar volume of sales of such peanuts by all producers or by all processors, distributors, or other handlers of such peanuts regulated by such marketing order during the marketing season or seasons during which such marketing order is effective. The method and manner of assessment and collection thereof and the limitations and restrictions applicable thereupon shall conform in all re spects with subsection (b) of this Code section, except as to the maximum amount of such assessment. In such case, the commission shall approve the proportions of such assessments which may be expended to defray the costs of formulation, issuance, administration, and enforcement of the marketing order and of such advertising or sales promotion program, provided that the proportion of such assessments which may be allocated in such manner to defray the cost of such administrative activities for such marketing order shall in no case exceed the maximum amount authorized in subsection (a) of this Code section.
(d) In the event that the commission has reason to believe that the administration of a marketing order will be facilitated or the attainment of the purposes and objectives of the marketing order will be promoted thereby, the commission is authorized to borrow money, with or without interest, to carry out any provision of any marketing order authorized by this article and may hypothecate anticipated assessment collections applicable to such re spective provisions.
(e) In lieu of requiring advance deposits for defraying administration or advertising and

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sales promotion expenses until such time as sufficient moneys are collected for such pur poses from the payment of assessments established pursuant to this Code section, the com mission is authorized to receive and disburse for such purposes contributions made by pro ducers, processors, distributors, or other handlers. The commission shall not be held responsible for the repayment of such contributions, provided that whenever collections from the payment of established assessments credited to the respective marketing order accounts are sufficient so to warrant, the commission shall repay contributions or shall au thorize the application of such contributions to the assessment obligations of the persons who made such contributions.
(f) Each and every handler of peanuts for which an assessment has been established by or pursuant to this article shall, at the time of purchase of any such peanuts from the pro ducer thereof, collect from such producer the assessment established by or in accordance with this article and remit the same to the commission. The liability of such handler under this article shall not be discharged except upon receipt of such sums by the commission. For the purpose of this subsection, to ensure compliance with this Code section, and for the administrative convenience of the commission in enforcing payment and collection of such assessments, delivery by a producer to a handler for processing of any peanuts upon which an assessment has been established shall be deemed a sale of such peanuts within the mean ing of this Code section; and the assessment shall thereupon attach and become due, regard less of whether such handler actually purchases such peanuts for himself or only processes same for a consideration payable by the producer or another person and such peanuts are thereafter sold to another person, provided that upon collection of such assessment by the handler to whom such peanuts are so delivered for processing only, no further or additional assessment shall attach or become due by reason of the subsequent sale by such producer of such processed peanuts to another person or handler.
(g) The commission may prescribe such rules as may be necessary and reasonable for the orderly reporting and transmitting of assessments by handlers and may take all legal action necessary to enforce payment of the same by handlers. The commission is authorized to issue executions for the same in like manner as executions are issued for ad valorem property taxes due the state. It shall be the duty of each and every sheriff of this state and their lawful deputies, upon the request of the commission to levy and collect such execu tions and to make their return thereof to the commission in like manner as such tax execu tions are levied and return thereof made to county tax collectors and tax commissioners. The commission shall likewise be authorized to collect, by execution as provided in this subsection or otherwise, directly from the producer against whom any assessment levied under this Code section may be found due whenever it is determined that such producer has sold such affected peanuts giving rise to such liability to a person other than to a handler who has collected such assessment and is required by this Code section to remit the same to the commission. Furthermore, the commission may proceed against such producer and the purchaser of such peanuts simultaneously if the purchaser is a handler required to collect such assessment, until satisfaction is obtained.
(h) Any moneys collected by the commission pursuant to this article shall be deposited in a bank or other depository approved by the commission and shall be disbursed by the commission only for the necessary expenses incurred by the commission, as approved by the commission. Funds so collected shall be deposited and disbursed in conformity with appro priate rules and regulations prescribed by the commission. All such expenditures by the commission shall be audited at least annually by the state auditor and a copy of such audit shall be delivered within 30 days after the completion thereof to the Governor and the com mission. If the commission is abolished, any funds remaining in its hands at such time shall be used to pay the existing obligations of the commission and the expenses incurred in winding up the affairs of the commission. Any excess remaining shall escheat to the state and shall be paid into the state treasury as unclaimed trust funds.
(i) Moneys deposited by the commission pursuant to this Code section which the com mission determines are available for investment may be invested or reinvested by the com mission as provided for funds of this state or of any retirement system created by law,

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provided that all moneys invested shall be invested in those areas of production that will provide a return at the highest bank interest rate available. It shall be the duty of the commission annually to review these investments and determine whether they are in com pliance with this Code section.
2-8-68. (a) Any assessment levied or established in accordance with this article in such specified amount as may be determined by the commission pursuant to this article shall constitute a personal debt of every person so assessed and shall be due and payable to the commission when payment is called for by the commission. In the event of the failure of such person to pay any such assessment upon the date determined by the commission, the commission may file an action against such person in a court of competent jurisdiction for the collection thereof.
(b) In the event that any producer or handler duly assessed pursuant to this article fails to pay to the commission the amount so assessed on or before the date specified by the commission, the commission is authorized to add to such unpaid assessment an amount not exceeding 10 percent of such unpaid assessment to defray the cost of enforcing the collec tion of such unpaid assessment.
(c) The provisions of subsection (a) of this Code section with respect to collection of assessments by action are in addition to and cumulative of the provisions of this article authorizing the issuance of executions for assessments by the commission. The 10 percent penalty authorized to be assessed upon delinquent assessments under subsection (b) of this Code section may likewise be included in any execution issued by the commission. Such remedies may be pursued concurrently until satisfaction is obtained upon either. Any pen alty recovered shall become a part of the principal assessment levied and shall be for the use of the commission as are other moneys received under this article.
2-8-69. (a) The commission may require any and all processors or distributors subject to the provisions of any marketing order issued pursuant to this article:
(1) To maintain books and records reflecting their operations under the marketing order;
(2) To furnish to the commission or its duly authorized or designated representatives such information as may from time to time be requested by them relating to operations under the marketing order; and
(3) To permit inspection by the commission or its duly authorized or designated repre sentatives of such portions of such books and records as relate to operations under the mar keting order.
(b) Information obtained by any person under this Code section shall be confidential and shall not be disclosed by him to any other person, except to a person with like right to obtain the information or to any attorney employed to give legal advice thereupon or by court order.
(c) In order to carry out the purposes of this Code section, the commission may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, or documents of any kind.
2-8-70. Whenever the use by a producer or handler of a particular emblem, label, certifi cate, or other distinctive designation of grade, quality, or condition, other than grade or other quality designations then in effect pursuant to state or federal grade standards, is made contingent upon compliance with certain production or handling regulations author ized by a marketing order issued and made effective under this article, it shall be unlawful and a violation of this article for any person who is not participating in and complying with such order or regulations to use such designation of grade, quality, or condition.
2-8-71. (a) Any authorized inspector or other authorized person discharging his duties in the checking of compliance with any marketing order made effective pursuant to this article may enter during normal business hours and inspect any premises, enclosure, build ing, or conveyance where he has reason to believe any peanuts subject to a marketing order

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are produced, stored, being prepared for market, or marketed and may inspect or cause to be inspected such representative samples of the peanuts as may be necessary to determine whether or not any lot of such peanuts is in compliance with applicable regulations of any marketing order made effective pursuant to this article.
(b) Any authorized inspector or other authorized person in the discharge of his duties, if he has reason to believe that a lot of any peanuts subject to a marketing order issued under this article is not in compliance with the requirements of such marketing order or of mar keting rules and regulations issued pursuant thereto, as to quality, condition, size, maturity, pack, labeling, or markings, may hold such lot for a reasonable period of time sufficient to enable such officer to ascertain by an authorized inspection whether such lot complies with such marketing requirements, but in any event not to exceed 72 hours, except as provided in this Code section.
(c) (1) Following inspection, an inspector or other authorized person may affix to any lot which is determined to be in noncompliance an official notice, warning tag, or other appropriate marking warning that the lot is held and stating the reasons therefor. It shall be unlawful for any person, other than an authorized inspector or enforcing officer, to detach, alter, deface, or destroy any such official notice, warning tag, or marking so affixed to any such lot or to remove or dispose of such lot in any manner or under conditions other than as prescribed in such notice of noncompliance, except upon written permission of an author ized enforcing officer or by order of a court of competent jurisdiction.
(2) The commission or the authorized person by whom such lot is being held shall serve the person in possession of such lot with a notice of noncompliance. Such notice shall be served in person or by mail to the last known address of the person in possession. It shall be the duty of the person in possession to notify the owner of the lot or other persons having an interest therein of the serving of such notice of noncompliance.
(3) Such notice of noncompliance shall include a description of the lot and the place where and reasons for which it is held and shall cite the applicable marketing order or marketing rules and regulations and the Code section upon which the notice of noncompli ance is based.
(d) (1) The owner of a lot shall have not more than 72 hours from the time of the service of a notice of noncompliance for reconditioning or for the correction of the deficien cies noted in the notice of noncompliance. If such lot is reconditioned or the deficiencies are corrected, the enforcing officer shall remove the warning tags or markings and release the lot for marketing, provided that with the consent of the owner of the lot, the enforcing officer is authorized to divert the lot to other lawful uses or to destroy the lot.
(2) (A) If the owner of the lot fails or refuses to give consent to its diversion to other lawful uses or to its destruction or if the lot has not been reconditioned or the deficiencies otherwise corrected so as to bring the lot into compliance within the time specified in the notice, then the enforcing officer shall proceed as provided in this subsection.
(B) The commission may file a verified petition in the superior court of the county where the peanuts are held or the county of the residence of the owner thereof requesting permission to divert such lot to any other available lawful use or to destroy such lot. Such verified petition shall show the condition of the lot; that the lot is situated within the terri torial jurisdiction of the court in which the petition is being filed or that the owner thereof resides within the jurisdiction of the court; that the lot is held and the notice of noncompli ance has been served as provided in this Code section; that the lot has not been recondi tioned as required; the name and address of the owner and the person in possession of the lot; and that the owner has refused permission to divert or to destroy the lot. Upon the filing of such verified petition the court may issue an order to show cause, returnable five days after service upon the owner, why the lot shall not be reconditioned or the deficiencies corrected or why the lot shall not be diverted to other lawful uses or destroyed. The owner of the lot may, prior to the date when the order to show cause is returnable, either recondi tion or correct the deficiencies in the lot so as to bring the lot into compliance or file at or

MONDAY, FEBRUARY 20, 1989

923

before the hearing on the order an answer with the court showing why the lot should not be reconditioned or the deficiencies corrected so as to bring it into compliance or showing why the lot should not be diverted to other lawful uses or destroyed.
(C) If, at the expiration of the five days, the owner of the lot has failed or refused to recondition or to correct the deficiencies so as to bring the lot into compliance, the court may enter judgment ordering that the lot be reconditioned, diverted to any other lawful uses, or destroyed in the manner directed by the court or that the lot be relabeled or other wise processed or that the lot be sold or released upon such condition as the court in its discretion may impose, provided that the lot may not be sold or released into the regular channels of trade.
(D) In the event of the sale of any lot by order of the court, the costs of storage, han dling, and reconditioning or disposal shall be deducted from the proceeds of the sale and the balance, if any, shall be paid into the court for the account of the owner of any such lot.
(e) Disposal of any lot or portion of any lot pursuant to this Code section, whether such disposal is by arrangement with an enforcing officer or by court order, shall not waive any of the penalty provisions of this article.
(f) This Code section shall apply to any lot of peanuts regulated by a marketing order wherever or in the possession of whomever such lot may be in the marketing channels within this state.
2-8-72. Any person who violates any provision of this article or any marketing order duly issued by the commission and in effect under this article or who violates any rule or regulation issued by the commission pursuant to this article or of any marketing order duly issued and effective under this article shall be civilly liable to the commission for a penalty in an amount not to exceed $500.00 for each and every violation thereof, the amount of such penalty to be fixed by the commission after notice and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for contested cases and recoverable by a civil action brought in the name of the commission or by execution issued in like manner as for assessments provided by Code Section 2-8-67. Any moneys recovered pursuant to this Code section shall be deposited and disbursed in accordance with subsection (e) of Code Section 2-8-67 as are other moneys.
2-8-73. (a) The Attorney General of this state shall, upon complaint by the commission, or may, upon his own initiative if after examination of the complaint and evidence he be lieves a violation has occurred, bring an action in the superior court in the name of the commission for civil penalties or for injunctive relief, including specific performance of any obligation imposed by a marketing order or any rule or regulation issued under this article, or both, against any person violating any provisions of this article or of any marketing order or any rule or regulation duly issued by the commission under this article.
(b) If it appears to the court, upon any application for a temporary restraining order, upon the hearing of any order to show cause why a preliminary injunction should not be issued, or upon the hearing of any motion for a preliminary injunction, or if the court finds in any such action that any defendant therein is violating or has violated any provision of this article or of any marketing order or any rule or regulation duly issued by the commis sion under this article, then the court shall enjoin the defendant from committing further violations and may compel specific performance of any obligation imposed by a marketing order or any rule or regulation issued by the commission under this article. It shall not be necessary in such event to allege or prove lack of an adequate remedy at law.
(c) In any action brought by the Attorney General to enforce any of the provisions of this article or of any marketing order issued by the commission and effective under this article or of any rule or regulation issued by the commission pursuant to any marketing order, the judgment, if in favor of the commission, may provide that the defendant pay to the commission the costs incurred by the commission in the prosecution of such action.
2-8-74. (a) The commission on its own motion may, and upon the complaint of any interested party charging a violation of any provision of this article or of any provision of

924

JOURNAL OF THE SENATE

any marketing order or any rule or regulation issued by the commission and effective under this article shall, either refer the matter directly to the Attorney General of this state or to any prosecuting attorney of this state for the institution of legal proceedings thereupon or, if the commission deems it necessary or advisable, immediately call an administrative hearing, pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' governing contested cases, to consider the charges set forth in such verified complaint.
(b) In case the matter is referred directly by the commission to the Attorney General or any prosecuting attorney, it shall be the duty of such officer, if after examination of the complaint and the evidence he believes that a violation has occurred, to bring an appropri ate action or actions in a court or courts of competent jurisdiction in this state.
(c) After an administrative hearing, if the commission finds that a violation has oc curred, it shall enter its findings and notify the parties to such complaint. In its discretion, the commission shall either refer the matter to the Attorney General for the institution of legal proceedings or notify such parties to cease and desist from further violation. Upon the refusal or failure of such parties to comply, or if the commission finds that the facts or circumstances warrant immediate prosecution, the commission shall file a complaint with the Attorney General or with any prosecuting attorney of this state requesting that such officer commence any or all actions authorized in this article against such respondent or respondents in a court of competent jurisdiction.
2-8-75. (a) Any person who willfully renders or furnishes a false or fraudulent report, statement, or record required pursuant to this article or any marketing order effective under this article shall be guilty of a misdemeanor.
(b) Any person engaged in the handling or processing of peanuts or in the wholesale or retail trade thereof who fails or refuses to furnish, upon request, information concerning the name and address of the persons from whom he has received peanuts regulated by a mar keting order issued and in effect under this article and the quantity of such peanuts re ceived shall be guilty of a misdemeanor.
2-8-76. Any person who violates any provision of this article or any provision of any marketing order duly issued by any commission under this article shall be guilty of a misdemeanor.
2-8-77. The penalties and remedies prescribed in this article with respect to any viola tion mentioned shall be concurrent and alternative. Neither singly or combined shall such penalties and remedies be exclusive; rather, either singly or combined, such penalties and remedies shall be cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided or allowed by law with respect to any such violation.
2-8-78. This article shall not be applicable to any retailer of peanuts except to the ex tent that any retailer also engages in the processing or distribution of peanuts as defined in this article.
2-8-79. The promulgation, adoption, and amendment of rules and regulations by the commission shall be subject to the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' "
Section 2. Within 30 days following the effective date of this Act it shall be the duty of the Commissioner of Agriculture to turn over any funds and records of the Agricultural Commodity Commission for Peanuts to such commission.
Section 3. The provisions of this Act shall not affect or impair any action taken by any agricultural commodity commission prior to the effective date of this Act, any marketing order in existence on the effective date of this Act, or any rules, regulations, orders, actions, causes of action, contracts, or agreements in effect on such date.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, FEBRUARY 20, 1989

925

Senator English of the 21st moved that the Senate agree to the House substitute to SB 276.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon
Clay CCoollleimnsan Coverdell
Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis
Hammill
2HuMgngSms JKoihdndson Land
Langford McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd o av Scott of 2nd
S_,cott o.f 36th f btaurmr ake Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen

Howard

Kennedy (presiding)

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 276.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 275. By Senator Edge of the 28th:
A bill to amend Code Section 31-21-44 of the Official Code of Georgia Annotated, relating to wanton or malicious removal of a dead body from a grave or distur bance of the contents of a grave, so as to make it unlawful for any person to knowingly receive, retain, possess, or dispose of any dead body or bodily part of a human being unlawfully removed from a grave; to provide for an exception.

The Senate Special Judiciary Committee offered the following amendment:

Amend SB 275 by inserting on line 26 of page 1 immediately following the word and symbol "establishments," the following:
"cemetery operators,".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

926

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Clay Coleman Collins Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead Parker

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 voting were Senators:

Burton Coverdell

Kennedy (presiding) Langford

Peevy

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 294. By Senator Howard of the 42nd:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Anno tated, relating to professional counselors, so as to change the provisions relating to definitions; to change the provisions relating to reciprocity; to change the pro visions relating to requirements for licensure in professional counseling and so cial work.

Senator Dawkins of the 45th offered the following amendment:

Amend SB 294 by striking on page 1, lines 9 and 10, the following: "to provide for privileged communications", and by striking on page 5, Section 7 in its entirety, and renumber Section 8 as 7 and Section 9 as 8.

On the adoption of the amendment, Senator Dawkins of the 45th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barnes Brannon Broun Clay

Dawkins Deal Fincher Foster Gillis Harris

Huggins Johnson Olmstead Peevy Shumake Starr

MONDAY, FEBRUARY 20, 1989

927

Those voting in the negative were Senators:

Baldwin Barker Bowen Burton Coleman Colhns Coverdell Dean Echols
Edge
English
Engram

Fuller Garner Hammill Howard Kidd Land Langford McKenzie Newbill
Parker
Perry
Phillips

Pollard Ragan of 10th Ragan of 32nd Rav Scott of 36th Stumbaueh _ lat<; Tavlor
Turner
Tysinger
Walker

Those not voting were Senators:

Kennedy (presiding)

Scott of 2nd

Timmons

On the adoption of the amendment, the yeas were 18, nays 35, and the amendment offered by Senator Dawkins of the 45th was lost.

Senator Deal of the 49th offered the following amendment:

Amend SB 294 by deleting from line 27, page 5, the date "1995" and inserting in lieu thereof the date "1990".

On the adoption of the amendment offered by Senator Deal of the 49th, the yeas were 32, nays 10, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bowen Brannon
BTM" *Cluaryton Coleman Collins
Coverdell Dean Echols Edge English

Engram Fincher Foster Fuller Garner
Gillis Hammill
Harris , gHuogwgamrds Johnson Kidd
Land Langford McKenzie Newbill Olmstead

Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd j^
Scott of 2nd Scott of 36th
Stumbaugh
Tate Taylor Turner Tysinger Walker

Those voting in the negative were Senators:

Dawkins

Deal

Peevy

928

JOURNAL OF THE SENATE

Those not voting were Senators:

Kennedy (presiding)

Shumake

Timmons

On the passage of the bill, the yeas were 50, nays 3.

The bill, having received the requisite constitutional majority, was passed as amended.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 31. By Senators Stumbaugh of the 55th, Taylor of the 12th, Olmstead of the 26th and others:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance, so as to require the Commissioner to release for public dissemination a list of valid complaints against insurance companies which are received by the department; to provide for publication; to provide for availability of such information to other media.

The House substitute to SB 31 was as follows:

A BILL
To be entitled an Act to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance, so as to require the Commissioner to release for public dissemination a list of requests for assistance against insurers which are received by the department; to provide for publication; to provide for availability of such information to other media; to provide for the contents of such list; to provide for powers, duties, and authority of the Commissioner with respect to the foregoing; to provide for public dissemination of certain other information; to provide for conditions of effectiveness; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance, is amended by adding at the end thereof a new Code section, to be designated Code Section 33-2-33, to read as follows:
"33-2-33. (a) It shall be the duty of the Commissioner to compile and release annually for public dissemination a list of all written requests for assistance by citizens against insur ers licensed in this state which are received by the department. Such list shall be released to the legal organ of each county and shall be a public document.
(b) The list provided for in subsection (a) of this Code section shall include separate itemization of each insurer against which a request for assistance was received and of the type, category, or line of insurance involved. In addition, such list shall also include a ratio of the number of requests received against an insurer to the number of policies written or in force by such insurer or such insurer's market share or premium volume.
(c) The Commissioner shall be authorized to make available for public dissemination any related or additional information which the Commissioner determines to be in the pub lic interest."
Section 2. This Act shall become effective only when the funds necessary to carry out its purposes are appropriated by the General Assembly.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Stumbaugh of the 55th moved that the Senate agree to the House substitute to SB 31.

On the motion, a roll call was taken, and the vote was as follows:

MONDAY, FEBRUARY 20, 1989

929

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Burton

Engram Fuller Garner Gillis Hammill Harris Howard

Perry Phillips Pollard Ragan of I0th Ragan of 32nd R Sa co.tt. oef 20 nd,

Coverdell Dawkins Deal
Dean Echols Edge English

Kidd Land Langford
Newbill Olmstead Parker Peevy

Shumake Starr Stumbaugh
Tate Taylor Turner Walker

Those not voting were Senators:

Allgood Broun Coleman

Fincher Foster Kennedy (presiding)

McKenzie Timmons Tysinger

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 31.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 285. By Representative Hudson of the 117th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definition of "game fish"; to change the provisions relating to sale of fish by commercial fish hatcher ies; to change the provisions relating to the licensing of wholesale and retail fish dealers.

Senator English of the 21st moved that the Senate recede from the Senate amendment to HB 285.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins

Coverdell Deal Dean Echols Edge English Engram Fincher Foster Fuller Garner Gillis

Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker

930

JOURNAL OF THE SENATE

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 voting were Senators:

Dawkins

Kennedy (presiding)

On the motion, the yeas were 54, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 285.

The following general resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption:

SR 70. By Senator Howard of the 42nd: A resolution creating the Access to Health Care Commission.

The Senate Committee on Human Resources offered the following amendment:

Amend SR 70 by deleting from line 2 of page 2 the number "22" and inserting in lieu thereof the number "26".
By inserting on line 26 of page 2 following the word "Association" the following:
", at least one of whom shall be from the proprietary sector".
By deleting from line 12 of page 3 the word "and".
By deleting the symbol "." from line 14 of page 3 and inserting in lieu thereof the symbol ";".
By inserting immediately following paragraph (15) between lines 14 and 15 of page 3 the following:
"(16) One representative to be selected by the Georgia State Medical Association; (17) One representative to be selected by the American Association of Retired Persons (AARP);
(18) One representative to be selected by the State Health Policy Council; and
(19) One representative to be selected by the Rural Health Care Association."

Senator Howard of the 42nd offered the following amendment:

Amend the amendment offered by the Senate Committee on Human Resources to SR 70 by adding on page 1, line 21, after the word "Association." the following:
"(20) One representative to be selected by the Georgia Nurses Association.",
and on line 4, page 1, by changing the number "26" to "27".

On the adoption of the amendment, the yeas were 37, nays 2, and the amendment of fered by Senator Howard of the 42nd was adopted.

On the adoption of the amendment offered by the Senate Committee on Human Re sources, the yeas were 35, nays 1, and the amendment was adopted as amended.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to as amended.

MONDAY, FEBRUARY 20, 1989

931

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen

English Engram Fincher Foster Fuller Garner

Broun BCluaryton
Coleman Collins
Coverdell Dawkins Deal Dean Echols Edge

Hammill HHoarwriasrd
Huggins Johnson
Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th
R^ of 32nd 0Sco.t.t ofc 3,,,,6,th,
tarr btumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Kennedy (presiding)

Scott of 2nd

Shumake

On the adoption of the resolution, the yeas were 53, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

SR 120. By Senator Starr of the 44th:
A resolution authorizing the conveyance of certain state owned real property lo cated in the City of Jonesboro, Clayton County, Georgia, to Clayton County and the acceptance of certain real property owned by Clayton County in considera tion therefor; to provide an effective date.

The Senate Committee on Public Utilities offered the following amendment:

Amend SR 120 by striking in its entirety Section 3 on lines 8 through 11 on page 4, which reads as follows:
"Section 3. That Clayton County may substitute other properties for the above-de scribed Clayton County property with the concurrence of the State Properties Commission and the Department of Human Resources."
By renumbering Sections 4 through 9 on pages 4 and 5 as Sections 3 through 8, respectively.

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

932

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Coleman Collins Coverdell Deal Dean Echols English

Engrain Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kidd Land Langford McKenzie Newbill

Olmstead Parker Peevy Perry Phillips Pollard Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger

Those not voting were Senators:

Clay Dawkins Edge Howard

Kennedy (presiding) Ragan of 10th Scott of 2nd

Shumake Taylor Walker

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

The following general resolution of the Senate, having been withdrawn from the Senate Committee on Appropriations on February 10 and committed to the Senate Committee on Urban and County Affairs (General), and favorably reported by the committee, was put upon its adoption:

SR 122. By Senators Tate of the 38th and Scott of the 36th:
A RESOLUTION
Proposing an amendment to the Constitution to authorize any municipality of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census which has an independent school system to incur an addi tional $8 million per annum in bonded indebtedness for school purposes without the neces sity of a referendum; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section V, Paragraph I of the Constitution is amended by adding at the end thereof a new subparagraph (c) to read as follows:
"(c) Any other provision of this Constitution to the contrary notwithstanding, any city of this state having a population of 400,000 or more according to the United States decen nial census of 1980 or any future such census which has an independent school system may issue general obligation bonds for school purposes without submitting the issuance thereof to the voters of said city at a referendum, subject to the following restrictions and limitations:
(1) The issuance of such bonds shall be authorized at a public hearing held for such purpose after at least ten days' notice thereof has been published in the official organ of said city and in at least one newspaper of general circulation within said city;

MONDAY, FEBRUARY 20, 1989

933

(2) Within 30 days after the public hearing, any person opposed to the issuance of such bonds without a referendum may prepare and circulate a petition for a referendum on the issuance of such bonds and file such petition with the city clerk. If the petition contains the signatures of at least 5 percent of the registered voters of the city, and such fact shall be determined by the city clerk, the city clerk shall notify the election superintendent of the city, and the election superintendent shall issue the call for an election to submit the ques tion on the issuance of such bonds to the voters of the city. The election shall be held not less than 30 nor more than 45 days from the date of the call; provided, however, upon the filing of a petition for a referendum, the governing authority of the city may withdraw the proposal from further consideration and decline to issue the bonds, and in that event, no new public hearing to reconsider the same proposal for a bond issue may be held within a period of 90 days following the date on which the petition for a referendum was filed with the city clerk;

(3) Not more than $8 million in aggregate principal amount of bonds issued without a referendum shall be issued in any fiscal year under the authority of this subparagraph; pro vided, however, it is specifically provided that the amount of bonds that may be issued under the authority of this subparagraph is in addition to the amount of bonds which may be issued without a referendum under any authority previously possessed by the city; and

(4) The aggregate of all outstanding bonds, including those issued by a vote of the peo ple in a referendum and those issued without a referendum, shall not exceed the debt limi tation applicable to said city."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to authorize any municipality of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census which has an in dependent school system to incur an additional $8 million per annum in bonded indebtedness for school purposes without the necessity of a referen dum?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Clay

Coleman Collins Coverdell Deal Dean Echols Edge English Engram

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins

934

JOURNAL OF THE SENATE

Johnson Kidd Jjand McKenzie Newbill Olmstead Parker

Peevy Pollard Ragan of 10th Ragan of 32nd Rfly Scott of 2nd Scott of 36th

Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Burton

Perry

Phillips

Those not voting were Senators:

Dawkins Kennedy (presiding)

Shumake

Taylor

On the adoption of the resolution, the yeas were 49, nays 3.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

The following general resolutions of the Senate, favorably reported by the committee, were read the third time and put upon their adoption:

SR 126. By Senator Scott of the 2nd:
A resolution authorizing the conveyance and exchange of certain state owned real property located in the City of Atlanta, Fulton County, Georgia; to provide an effective date.

The Senate Committee on Public Utilities offered the following amendment:

Amend SR 126 by striking from line 8 of page 4 the following: "$250.00", and inserting in lieu thereof the following:

"$650.00".

On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun

Burton Clay Coleman Collins Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Fuller

MONDAY, FEBRUARY 20, 1989

935

Garner Gillis Hammill "arris , " oward JHouhgngsmons
Land Langford McKenzie

Olmstead Parker Peevy Perry Phillips
TP>olnlardj
Ragan of 10th
Ragan of 32nd
Ray Scott of 2nd

Scott of 36th Shumake Starr Stumbaugh Tate
rTriayli or
Timmons
Turner
Tysinger Walker

Those not voting were Senators:

Bowen Coverdell

Kennedy (presiding)

Newbill

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

SR 127. By Senator Ragan of the 10th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Decatur County, Georgia, to the City of Bainbridge and the acceptance of certain real property owned by the City of Bainbridge located in Decatur County, Georgia, in consideration therefor; to provide an effective date.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Brannon
B urton ^CCoo,fvlh.emnrdsaenll Dawkins Deaj Dean Echols Edge English Engram

Fincher Foster Fuller Garner
Gillis Hammill
Harris THHIuogwgamrds Johnson Kidd Land Langford Newbill Olmstead Parker

Those not voting were Senators:

Peevy Perry Phillips Pollard
Ragan of 10th Ray
Scott of 2nd 0SS1hc.outmt aokife36th Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Bowen Broun Clay

Kennedy (presiding) McKenzie

Ragan of 32nd Starr

936

JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 132. By Senator English of the 21st:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a fiber optic telecommunication cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Burke County, Georgia; to provide an effective date.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Burton Coleman Collins Coverdell Deal Dean Echols Edge English Engram

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Clay Dawkins

Kennedy (presiding) Ragan of 10th

Scott of 2nd Taylor

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 38. By Senators Howard of the 42nd, Johnson of the 47th and Starr of the 44th:
A bill to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions regarding handicapped persons, so as to provide for a definition; to provide for the establishment of the Georgia Service Center for Hearing Impaired Persons and the services to be provided by that center.

The House amendment was as follows:

MONDAY, FEBRUARY 20, 1989

937

Amend SB 38 by adding a new paragraph (4), page 2, to read, "The provision of this Act shall be subject to the necessary appropriations being pro vided to fund this Act."
Senator Howard of the 42nd moved that the Senate disagree to the House amendment to SB 38.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 38.
Serving as doctor of the day today was Dr. Burton McDaniel of Alpharetta, Georgia.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.
At 12:12 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Tuesday, February 21, 1989
Twenty-eighth Legislative Day
The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator 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 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 790. By Representative Royal of the 144th: A bill to amend an Act providing a new charter for the City of Pelham, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and council members.
HB 794. By Representatives Colbert of the 23rd, Hasty of the 8th and Stancil of the 8th: A bill to amend an Act reincorporating the City of Mountain Park and creating a new charter for said city, so as to change the provisions relating to the compensa tion of the mayor and councilmen.
HB 804. By Representatives Thomas of the 69th and Watts of the 41st: A bill to amend an Act providing a new charter for the City of Villa Rica in Carroll and Douglas counties, so as to change provisions relating to the election and terms of office of the mayor and councilmen.
HB 806. By Representative Hudson of the 117th: A bill to amend an Act placing the sheriff of Pulaski County upon an annual salary, so as to change the salary provisions relating to deputy sheriffs.
HB 811. By Representatives Jamieson of the llth and Dover of the llth: A bill to amend an Act incorporating the City of Toccoa, so as to change and extend the corporate limits of said city.
HB 812. By Representatives Buck of the 95th, Robinson of the 96th, Steele of the 97th, Moultrie of the 93rd, Smyre of the 92nd and others: A bill to amend an Act establishing the State Court of Muscogee County, so as to change the compensation of the judges of such state court.
HB 814. By Representatives Thomas of the 69th, Jones of the 71st and Simpson of the 70th: A bill to authorize the governing authority of Carroll County to implement and to exercise the powers conferred by Code Section 46-5-133 of the Official Code of Georgia Annotated, relating to the authority to require telephone companies to

TUESDAY, FEBRUARY 21, 1989

939

divide maintenance fees for the operation of enhanced emergency telephone number "911" systems among subscribers.
HB 815. By Representative Mobley of the 64th:
A bill to amend an Act creating the Barrow County Water and Sewerage Author ity, so as to provide for a change in the number and method of selecting members.
HB 816. By Representative Chance of the 129th:
A bill to amend an Act reincorporating the Town of Rincon, so as to change the provisions relating to terms of office and the election of the mayor and councilpersons.
HB 820. By Representative Crosby of the 150th:
A bill to amend an Act providing a new charter for the City of Folkston in Charlton County, so as to change the corporate limits of the city.
HB 821. By Representative Crosby of the 150th:
A bill to amend an Act creating a new charter for the City of Homeland in Charlton County, so as to change the corporate limits of the City.
HB 823. By Representatives Clark of the 13th and Irwin of the 13th:
A bill to amend an Act granting a new charter to the City of Lavonia, so as to provide for municipal elections for the mayor and councilmen.
HB 824. By Representative Mobley of the 64th:
A bill to amend an Act creating and establishing a joint airport authority for the City of Winder and the County of Barrow, so as to change the number and method of selecting members.
HB 437. By Representatives Dunn of the 73rd, Ware of the 77th, Griffin of the 6th, Lucas of the 102nd, Pettit of the 19th and others:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to provide that insurers shall make available appropriate reductions in premiums paid for certain motor vehi cle insurance coverages for persons successfully completing defensive driving courses through driver improvement clinics; to provide for rules and regulations.
HB 194. By Representatives Buck of the 95th, Robinson of the 96th and Steele of the 97th:
A bill to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific business and occupational taxes generally, so as to exempt marriage and family therapists from the levy of any license, occupation, or professional tax by counties and municipalities.
HB 475. By Representative Watson of the 114th:
A bill to amend Code Section 47-5-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the Joint Municipal Employees Benefit Sys tem, so as to change the definition of employer to include certain credit unions.

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HB 402. By Representatives Ricketson of the 82nd, Green of the 106th, Parrish of the 109th, Moore of the 139th, Simpson of the 70th and others:
A bill to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to instruction permits and temporary licenses, so as to prohibit any per son holding a Class 1 instruction permit from applying for and receiving a driver's license if such person commits certain violations; to authorize applying for and receiving a driver's license under certain circumstances.
HB 341. By Representatives Byrd of the 153rd, Watson of the 114th and Kilgore of the 42nd:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975," so as to provide for written contracts in health spa transactions; to require certain contractual provisions; to provide for rights of cancellation under certain circumstances.
HB 193. By Representatives Porter of the 119th, Jamieson of the llth and Coleman of the 118th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to regulate and license certain distress merchandise sales, going out of business sales, fire sales, and other simi lar sales.
HB 613. By Representatives Childers of the 15th and Watson of the 114th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to change the definition of the term "person who works full time"; to provide that coverage available under the state employees' health insurance plan shall be subordinated to the coverage available under such federal program.
HB 606. By Representatives Childers of the 15th and Watson of the 114th:
A bill to amend Subpart 1 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the public schoolteacher' health insurance plan, so as to change the definition of the term "public schoolteacher"; to provide that contracts for health insurance for retiring public schoolteachers and their dependents shall be defined by regulations of the board.
HB 608. By Representatives Childers of the 15th and Watson of the 114th:
A bill to amend Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the public school employees' health insurance plan, so as to change the definition of the term "public school employee"; to provide that coverage available under the public school employees' health insurance plan shall be subordinated to the coverage available to retired or retiring public school employees.
HB 356. By Representatives Randall of the 101st and Martin of the 26th:
A bill to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to control and regulate searches of law offices; to provide for searches and seizures of documentary evi dence in the possession of an attorney; to provide for a definition; to provide standards and procedures for the issuance of warrants and the conduct of searches.

TUESDAY, FEBRUARY 21, 1989

941

HB 247. By Representatives Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 36-44-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Redevelopment Powers Law," so as to change the definition of "taxable value".
HB 239. By Representatives Holmes of the 28th, Lee of the 72nd, Walker of the 115th and Connell of the 87th:
A bill to amend Part 2 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to political party and nonpartisan primaries, so as to change certain provisions regarding the posting of certain lists of qualified candi dates; to provide for criminal penalties; to change certain provisions regarding the certification of political party candidates.
HB 321. By Representatives Stephens of the 68th, Thurmond of the 67th and Mangum of the 57th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that a student shall be entitled to attend the school in which such student's parent or guardian is a teacher.
HB 661. By Representative Edwards of the 112th:
A bill to amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope and practice of chiropractors, so as to provide that chiro practors may receive profits from the sale of vitamins, minerals, or food supple ments recommended by such chiropractors.
HB 203. By Representatives Dobbs of the 74th, Lane of the lllth, Porter of the 119th, Colwell of the 4th, Twiggs of the 4th and others:
A bill to amend Code Section 33-24-47 of the Official Code of Georgia Annotated, relating to notice of termination of insurance policies, so as to provide that notice of termination of accident and sickness insurance policies be dispatched to the insured not later than 60 days prior to the termination date of the policy.
HB 114. By Representatives Dixon of the 151st, Crosby of the 150th, Smith of the 152nd and Clark of the 13th:
A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, known as the "Children and Youth Act," so as to change the provi sions relating to the licensing and inspection of private and public child welfare agencies and facilities; to provide that day-care centers operated as part of a local church ministry or a religious nonprofit school or a nonprofit religious charitable organization shall be authorized to register annually.
HB 375. By Representatives Smith of the 156th, White of the 132nd, Gresham of the 21st and Coleman of the 118th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification, classification, and regulation of professional person nel employed in the public schools of this state, so as to provide an exemption from the requirement of an assessment to demonstrate satisfactory on-the-job performance for certain teachers.

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The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 95. By Senator Kidd of the 25th:
A resolution designating the Battle Smith Bridge.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 360. By Senators English of the 21st and Kidd of the 25th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the definition of certain terms.
Referred to Committee on Human Resources.
SB 361. By Senators Tysinger of the 41st, Scott of the 2nd, Edge of the 28th and Baldwin of the 29th: A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, so as to provide certain requirements relative to resolutions conveying or leasing or grant ing easements over or for the use of state owned real property.
Referred to Committee on Public Utilities.
SB 362. By Senator Fuller of the 52nd: A bill to amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation pursuant to application by owners of 60 per cent of land and 60 percent of electors, so as to provide for limitation on annexa tion by certain municipalities.
Referred to Committee on Urban and County Affairs (General).
SB 363. By Senators Tate of the 38th and Langford of the 35th: A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States de cennial census of 1960 or any future such census, as amended, so as to provide funds for constructing, operating, and staffing city jails, city correctional institu tions, and city detention facilities.
Referred to Committee on Urban and County Affairs (General).
SB 364. By Senator Tate of the 38th: A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide an effective date of certain com pensation increases for municipal officers and employees; to provide for intent; to provide an effective date.
Referred to Committee on Urban and County Affairs (General).
SB 365. By Senator Pollard of the 24th: A bill to amend an Act placing the Sheriff of Warren County upon an annual salary in lieu of the fee system of compensation, as amended, so as to change certain provisions regarding the appointment of deputy sheriffs; to provide for the compensation of such deputies; to provide that the county shall furnish the uniforms and leatherware for such deputies.
Referred to Committee on Urban and County Affairs.

TUESDAY, FEBRUARY 21, 1989

943

SB 366. By Senator Peevy of the 48th:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care fa cilities, so as to provide for a legislative purpose; to provide for definitions; to provide that the department or other petitioner may seek appointment of a re ceiver for a facility upon a finding of certain circumstances. Referred to Committee on Human Resources.
SR 152. By Senators Foster of the 50th, Tysinger of the 41st, Deal of the 49th and others:
A resolution creating a Joint Study Committee on the Equalized Adjusted School Property Tax Digest. Referred to Committee on Banking and Finance.
SR 154. By Senator Pollard of the 24th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a fiber optic cable in, on, over, under, upon, across, and through property owned by the State of Georgia in Taliaferro County, Georgia; to provide an effective date. Referred to Committee on Public Utilities.
SR 155. By Senators Deal of the 49th, Barker of the 18th, Howard of the 42nd and others:
A resolution directing the Division of Youth Services of the Department of Human Resources and the Juvenile Justice Coordinating Council to close the Metropolitan Youth Development Center. Referred to Committee on Children and Youth.
The following bills of the House were read the first time and referred to committees:
HB 114. By Representatives Dixon of the 151st, Crosby of the 150th, Smith of the 152nd and Clark of the 13th:
A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, known as the "Children and Youth Act," so as to change the provi sions relating to the licensing and inspection of private and public child welfare agencies and facilities; to provide that day-care centers operated as part of a local church ministry or a religious nonprofit school or a nonprofit religious charitable organization shall be authorized to register annually. Referred to Committee on Children and Youth.
HB 193. By Representatives Porter of the 119th, Jamieson of the llth and Coleman of the 118th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to regulate and license certain distress merchandise sales, going out of business sales, fire sales, and other simi lar sales. Referred to Committee on Industry and Labor.
HB 194. By Representatives Buck of the 95th, Robinson of the 96th and Steele of the 97th:
A bill to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific business and occupational taxes generally, so as to

944

JOURNAL OF THE SENATE

exempt marriage and family therapists from the levy of any license, occupation, or professional tax by counties and municipalities. Referred to Committee on Banking and Finance.
HB 203. By Representatives Dobbs of the 74th, Lane of the tilth, Porter of the 119th and others:
A bill to amend Code Section 33-24-47 of the Official Code of Georgia Annotated, relating to notice of termination of insurance policies, so as to provide that notice of termination of accident and sickness insurance policies be dispatched to the insured not later than 60 days prior to the termination date of the policy. Referred to Committee on Insurance.
HB 239. By Representatives Holmes of the 28th, Lee of the 72nd, Walker of the 115th and Connell of the 87th:
A bill to amend Part 2 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to political party and nonpartisan primaries, so as to change certain provisions regarding the posting of certain lists of qualified candi dates; to provide for criminal penalties; to change certain provisions regarding the certification of political party candidates. Referred to Committee on Governmental Operations.
HB 247. By Representatives Crosby of the 150th and Royal of the 144th;
A bill to amend Code Section 36-44-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Redevelopment Powers Law," so as to change the definition of "taxable value". Referred to Committee on Banking and Finance.
HB 321. By Representatives Stephens of the 68th, Thurmond of the 67th and Mangum of the 57th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that a student shall be entitled to attend the school in which such student's parent or guardian is a teacher. Referred to Committee on Education.
HB 341. By Representatives Byrd of the 153rd, Watson of the 114th and Kilgore of the 42nd:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975," so as to provide for written contracts in health spa transactions; to require certain contractual provisions; to provide for rights of cancellation under certain circumstances. Referred to Committee on Industry and Labor.
HB 356. By Representatives Randall of the 101st and Martin of the 26th:
A bill to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to control and regulate searches of law offices; to provide for searches and seizures of documentary evi dence in the possession of an attorney; to provide for a definition; to provide standards and procedures for the issuance of warrants and the conduct of searches. Referred to Committee on Special Judiciary.

TUESDAY, FEBRUARY 21, 1989

945

HB 375. By Representatives Smith of the 156th, White of the 132nd, Gresham of the 21st and Coleman of the 118th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification, classification, and regulation of professional person nel employed in the public schools of this state, so as to provide an exemption from the requirement of an assessment to demonstrate satisfactory on-the-job performance for certain teachers. Referred to Committee on Education.
HB 402. By Representatives Ricketson of the 82nd, Green of the 106th, Parrish of the 109th, Moore of the 139th, Simpson of the 70th and Lane of the 27th:
A bill to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to instruction permits and temporary licenses, so as to prohibit any per son holding a Class 1 instruction permit from applying for and receiving a driver's license if such person commits certain violations; to authorize applying for and receiving a driver's license under certain circumstances. Referred to Committee on Special Judiciary.
HB 437. By Representatives Dunn of the 73rd, Ware of the 77th, Griffin of the 6th, Lucas of the 102nd and others:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to provide that insurers shall make available appropriate reductions in premiums paid for certain motor vehi cle insurance coverages for persons successfully completing defensive driving courses through driver improvement clinics; to provide for rules and regulations. Referred to Committee on Insurance.
HB 475. By Representative Watson of the 114th:
A bill to amend Code Section 47-5-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the Joint Municipal Employees Benefit Sys tem, so as to change the definition of employer to include certain credit unions. Referred to Committee on Retirement.
HB 606. By Representatives Childers of the 15th and Watson of the 114th:
A bill to amend Subpart 1 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the public schoolteachers' health insurance plan, so as to change the definition of the term "public schoolteacher"; to provide that contracts for health insurance for retiring public schoolteachers and their dependents shall be defined by regulations of the board. Referred to Committee on Insurance.
HB 608. By Representatives Childers of the 15th and Watson of the 114th:
A bill to amend Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the public school employees' health insurance plan, so as to change the definition of the term "public school employee"; to provide that coverage available under the public school employees' health insurance plan shall be subordinated to the coverage available to retired or retiring public school employees. Referred to Committee on Insurance.
HB 613. By Representatives Childers of the 15th and Watson of the 114th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to change

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JOURNAL OF THE SENATE

the definition of the term "person who works full time"; to provide that coverage available under the state employees' health insurance plan shall be subordinated to the coverage available under such federal program. Referred to Committee on Insurance.
HB 661. By Representative Edwards of the 112th: A bill to amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope and practice of chiropractors, so as to provide that chiro practors may receive profits from the sale of vitamins, minerals, or food supple ments recommended by such chiropractors.
Referred to Committee on Human Resources.
HB 790. By Representative Royal of the 144th: A bill to amend an Act providing a new charter for the City of Pelham, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and council members.
Referred to Committee on Urban and County Affairs.
HB 794. By Representatives Colbert of the 23rd, Hasty of the 8th and Stancil of the 8th: A bill to amend an Act reincorporating the City of Mountain Park and creating a new charter for said city, so as to change the provisions relating to the compensa tion of the mayor and councilmen.
Referred to Committee on Urban and County Affairs.
HB 804. By Representatives Thomas of the 69th and Watts of the 41st: A bill to amend an Act providing a new charter for the City of Villa Rica in Carroll and Douglas counties, so as to change provisions relating to the election and terms of office of the mayor and councilmen.
Referred to Committee on Urban and County Affairs.
HB 806. By Representative Hudson of the 117th: A bill to amend an Act placing the sheriff of Pulaski County upon an annual salary, so as to change the salary provisions relating to deputy sheriffs.
Referred to Committee on Urban and County Affairs.
HB 811. By Representatives Jamieson of the llth and Dover of the llth: A bill to amend an Act incorporating the City of Toccoa, so as to change and extend the corporate limits of said city.
Referred to Committee on Urban and County Affairs.
HB 812. By Representatives Buck of the 95th, Robinson of the 96th, Steele of the 97th and others: A bill to amend an Act establishing the State Court of Muscogee County, so as to change the compensation of the judges of such state court.
Referred to Committee on Urban and County Affairs.
HB 814. By Representatives Thomas of the 69th, Jones of the 71st and Simpson of the 70th: A bill to authorize the governing authority of Carroll County to implement and to exercise the powers conferred by Code Section 46-5-133 of the Official Code of Georgia Annotated, relating to the authority to require telephone companies to

TUESDAY, FEBRUARY 21, 1989

947

divide maintenance fees for the operation of enhanced emergency telephone number "911" systems among subscribers. Referred to Committee on Urban and County Affairs.
HB 815. By Representative Mobley of the 64th: A bill to amend an Act creating the Barrow County Water and Sewerage Author ity, so as to provide for a change in the number and method of selecting members.
Referred to Committee on Urban and County Affairs.
HB 816. By Representative Chance of the 129th: A bill to amend an Act reincorporating the Town of Rincon, so as to change the provisions relating to terms of office and the election of the mayor and councilpersons.
Referred to Committee on Urban and County Affairs.
HB 820. By Representative Crosby of the 150th: A bill to amend an Act providing a new charter for the City of Folkston in Charlton County, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 821. By Representative Crosby of the 150th: A bill to amend an Act creating a new charter for the City of Homeland in Charlton County, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 823. By Representatives Clark of the 13th and Irwin of the 13th: A bill to amend an Act granting a new charter to the City of Lavonia, so as to provide for municipal elections for the mayor and councilmen.
Referred to Committee on Urban and County Affairs.
HB 824. By Representative Mobley of the 64th: A bill to amend an Act creating and establishing a joint airport authority for the City of Winder and the County of Barrow, so as to change the number and method of selecting members.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Banking and Finance has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 487. Do pass by substitute. HB 488. Do pass. HB 489. Do pass.
Respectfully submitted, Senator Turner of the 8th District, Chairman

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JOURNAL OF THE SENATE

Mr. President:

The Committee on Economic Development and Tourism has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 659. Do pass.
Respectfully submitted,
Senator Broun of the 46th District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 209. Do pass by substitute.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 267. Do pass by substitute. HB 201. Do pass as amended.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 76. HB 210. HB 525.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 329. Do pass.

HB 257. Do pass.

HB 185. Do pass.

HB 258. Do pass.

HB 259. Do pass.

TUESDAY, FEBRUARY 21, 1989

949

Mr. President:

Respectfully submitted, Senator Peevy of the 48th District, Chairman

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 340. HB 658. HB 668. HB 687. HB 736. HB 740. HB 741.

Do pass. Do pass as amended. Do pass. Do pass by substitute. Do pass. Do pass. Do pass.

HB 747. HB 760. HB 763. HB 767. HB 774. HB 775. HB 797.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Harris of the 27th District, Chairman

The following bills of the Senate and House were read the second time:

SB 60. By Senators Dawkins of the 45th, Peevy of the 48th, Johnson of the 47th and Stumbaugh of the 55th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to create and establish the Self-insurers Guaranty Trust Fund; to provide for legislative intent; to define certain terms; to provide for the purposes and investments of the fund; to provide for the appoint ment of the board of trustees of the fund and the terms of office, method of filling vacancies, removal, powers, and compensation of the board of trustees.

SB 299. By Senator Dawkins of the 45th:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to repeal in its entirety Article 1 of said chapter which requires that publications of the executive branch of gov ernment indicate certain information on the cover of the publication; to provide for related matters; to provide an effective date.

SB 328. By Senator Dawkins of the 45th:
A bill to amend Code Section 40-11-5 of the Official Code of Georgia Annotated, relating to foreclosure procedures for liens against abandoned motor vehicles, so as to increase the fee for filing an affidavit.

HB 169. By Representatives Redding of the 50th, Powell of the 145th and Harris of the 84th:
A bill to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manu facture, distribution, and package sales of distilled spirits, so as to require appli cants for retail dealer licenses to publish notices of intent.

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HB 175. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the insurance licensing of agents, solicitors, brokers, counselors, and adjusters, so as to provide for grounds for refusing, suspending, or revoking such licenses; to provide for fiduciary capacities and record keeping requirements of agents holding licenses for life and accident and sickness insurance lines.
HB 202. By Representatives Twiggs of the 4th, Colwell of the 4th, Dover of the llth, Reaves of the 147th and Langford of the 7th:
A bill to amend Code Section 27-1-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the game and fish laws, so as to change certain definitions; to amend Code Section 27-4-74 of the Official Code of Georgia Annotated, relating to the sale, purchase, or transportation of game fish gener ally, so as to exempt farmed domestic fish from the prohibitions of the Code section.
HB 344. By Representatives Byrd of the 153rd, Watson of the 114th and Kilgore of the 42nd:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, and lowvoltage contractors, so as to require applicants for licensure who fail the exami nation twice to present evidence of completion of a review course before being admitted to a third examination.
HB 358. By Representatives Bishop of the 94th and Ware of the 77th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," so as to provide that the Commissioner of Insurance, when performing the rule-making duties of Commis sioner of Insurance, shall be subject to the "Georgia Administrative Procedure Act" in addition to other laws.
HB 367. By Representatives Watson of the 114th and Jackson of the 9th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds created for the purpose of pro viding workers' compensation benefits, so as to change the provisions relating to securities deposit; to provide that certain funds shall be exempt from the securi ties deposit or surety bond requirements after a certain period of time.
HB 368. By Representative McDonald of the 12th:
A bill to amend Code Section 34-8-51 of the Official Code of Georgia Annotated, relating to the definition of wages with respect to unemployment compensation, so as to exclude from consideration as wages certain payments made to an em ployee during a period of temporary layoff.
HB 463. By Representatives Hasty of the 8th, Stancil of the 8th, Royal of the 144th and others:
A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses, so as to change the conditions for imme diate issuance of marriage licenses and to delete certain provisions relating to sanctions for violating certain waiting period requirements.

TUESDAY, FEBRUARY 21, 1989

951

HB 472. By Representative Groover of the 99th:
A bill to amend Code Section 33-24-3 of the Official Code of Georgia Annotated, relating to the requirement of insurable interest with reference to personal insur ance, so as to provide that any corporation shall have an insurable interest in the lives of any of its directors, officers, and employees and that trusts providing benefits to employees shall have an insurable interest in the lives of any such employees.

HB 513. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd, Robinson of the 96th and Jones of the 71st:
A bill to amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments of insurers, so as to permit an insurer to issue variable annuity contracts to pension, retirement, or profit-sharing plans which meet the requirements of Section 414 of the United States Internal Revenue Code.

The President called for the morning roll call, and the following Senators answered to their names:

Allgood Baldwin Barker Bowen Brannon Broun
Coeman Collins Coverdell Dawkins Deal Dean Echols

Edge English Fuller
Gillis Hammill Harris
Howard " u ^ inf Kennedy Kidd Land Newbill Olmstead Parker

Those not answering were Senators:

Perry Phillips Pollard
Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Shumake Starr Taylor Timmons Turner Tysinger Walker

Albert Enargnraems Fincher Foster

Garner Johnson Langford McKenzie

Peevy Scott of 36th Stumbaugh Tate

Senator Olmstead of the 26th introduced the chaplain of the day, Reverend Elick Bullington, pastor of Vineville United Methodist Church, Macon, Georgia, who offered scripture reading and prayer.

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The following resolutions of the Senate were read and adopted:
SR 153. By Senator Peevy of the 48th: A resolution commending the North Gwinnett High School Marching Band.
SR 156. By Senators Gillis of the 20th, English of the 21st, Allgood of the 22nd and others:
A resolution commending Mr. Charlie Fleming.
SR 157. By Senator Pollard of the 24th: A resolution commending Mr. John W. Williamson, Jr.
SR 158. By Senators Kennedy of the 4th and Gillis of the 20th: A resolution commending Sheriff Romie Waters.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Tuesday, February 21, 1989
TWENTY-EIGHTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 340 Barnes, 33rd Newbill, 56th Clay, 37th Ragan, 32nd Cobb County To provide for the Marietta-Cobb County Anti-Drug Commission, a body corporate and politic; to authorize and empower such commission to take such actions and do such things as it shall deem proper to deter and control, with the intent to ultimately eliminate, the unlawful use, consumption, pos session, sale, transfer, delivery, dispensing, handling, trafficking, manufactur ing, and growing of dangerous drugs or controlled substances.
*HB 658 Pollard, 24th Greene County To amend an Act relating to the Magistrate Court of Greene County, so as to change provisions relating to the compensation of the chief magistrate of that court and the number of the other magistrates of that court. (AMEND MENT)
HB 668 Barnes, 33rd Newbill, 56th Clay, 37th Ragan, 32nd Cobb County To amend an Act creating the Cobb County Commission on Children and Youth, so as to change the date upon which the commission will be abolished.

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953

*HB 687 Kidd, 25th Hancock County
To change the provisions relating to the compensation of the chairperson and members of the Board of County Commissioners of Hancock County, and provide for an expense allowance. (SUBSTITUTE)
HB 736 Harris, 27th Olmstead, 26th Barker, 18th City of Macon Bibb County
To provide that newly elected mayors and council members shall take office on the second Tuesday of December following their election.
HB 740 Barker, 18th City of Perry Houston County
To amend an Act reincorporating and providing a new charter for the City of Perry so as to change provisions relative to the adoption of ordinances.
HB 741 Barker, 18th Houston County
To change provisions relating to the solicitor of the State Court of Houston County.
HB 747 Kennedy, 4th Bulloch County
To amend an Act creating the office of tax commissioner of Bulloch County, so as to change the compensation of the tax commissioner.
HB 760 McKenzie, 14th Lee County
To amend an Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, so as to change a certain provision relating to the employment of deputies.
HB 763 Broun, 46th Oconee County
To repeal an Act known as the "Oconee Utility Authority Act" (formerly the "Oconee County Public Utility Authority Act"), to provide for the disposition of all of the property, whether real, personal, tangible, intangible, or other wise of the authority.
HB 767 Kennedy, 4th Effingham County
To amend an Act creating the State Court of Effingham County, so as to change the salary of the judge and solicitor of said court.
HB 774 Land, 16th Talbot County
To change the compensation of the members of the board of commissioners of Talbot County.

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HB 775 Barnes, 33rd City of Austell Cobb County To amend an Act creating a new charter for the City of Austell, so as to change the corporate limits of the city.
HB 797 Land, 16th Parker, 15th Muscogee County To change the salary of the judge of the Probate Court of Muscogee County.
The amendment to the following bill was put upon its adoption:
*HB 658:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 658 by striking lines 3 through 19 of page 2 and inserting in lieu thereof the following:
" 'Section 3. In addition to any other compensation authorized by law for the judge of Probate Court of Greene County, said probate judge in his capacity as chief magistrate of the Magistrate Court of Greene County shall receive an additional sum of not less than $5,000.00 to be paid in equal monthly installments from county funds.
Section 4. There shall be the chief magistrate, together with not less than two other magistrates. Their duties shall be assigned and coordinated by the chief magistrate. Com pensation for magistrates shall be set by the board of commissioners of Greene County, upon recommendation of the chief magistrate.' "
On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.
The substitute to the following bill was put upon its adoption:
*HB 687:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 687:
A BILL
To be entitled an Act to amend an Act creating the Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, particu larly by an Act approved March 30, 1987 (Ga. L. 1987, p. 4891), so as to change the provi sions relating to the compensation of the chairperson and members of the board and pro vide for an expense allowance; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, particularly by an Act ap proved March 30, 1987 (Ga. L. 1987, p. 4891), is amended by striking subsection (c) of Section VIII thereof which reads as follows:
"(c) The chairman shall be compensated in the amount of $16,000.00 per annum paya ble in equal monthly installments. The other members of the board shall be compensated in

TUESDAY, FEBRUARY 21, 1989

955

the amount of $3,600.00 per annum payable in equal monthly installments. The compensa tion provided herein shall be paid from the funds of Hancock County.",
and inserting in its place a new subsection to read as follows:
"(c) (1) Beginning in calendar year 1989 and continuing each year thereafter, the chairperson of the board shall receive as annual compensation for that year an amount of $16,000.00 if that year is within the chairperson's first term of office or an amount of $20,000.00 if that year is within the chairperson's second or subsequent term of office. Such compensation shall be paid in equal monthly installments.
(2) Beginning in calendar year 1989 and continuing each year thereafter, each member of the commission, other than the chairperson, shall receive as annual compensation for that year an amount of $3,000.00 if that year is within that member's first term of office or an amount of $4,000.00 if that year is within that member's second or subsequent term of of fice. Such compensation shall be paid in equal monthly installments.
(3) The chairperson and the other members of the board shall each receive an expense allowance of $300.00 per year in addition to the annual compensation provided for in this subsection, except that such expense allowance shall not be payable to the chairperson on and after the date the chairperson's annual compensation first becomes $20,000.00. The an nual compensation and expense allowance provided for in this subsection shall be paid in equal monthly installments from the funds of Hancock County."
Section 2. This Act shall become effective July 1, 1989.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 42, nays, 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Bowen Brannon Broun Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Fincher

Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead

Parker Perry Phillips Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Barker Barnes Burton Edge

English Engram Garner McKenzie Peevy

Ragan of 10th Shumake Stumbaugh Taylor

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On the passage of all the local bills, the yeas were 42, nays 0.
All the bills on the Senate Local Consent Calendar, except HB 658 and HB 687, having received the requisite constitutional majority, were passed.
HB 658, having received the requisite constitutional majority, was passed as amended.
HB 687, having received the requisite constitutional majority, was passed by substitute.
Senator Land of the 16th moved that the following bill of the Senate be withdrawn from the Senate Committee on Urban and County Affairs (General) and committed to the Senate Committee on Transportation:
SB 339. By Senator Land of the 16th: A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to change the time for obtaining a license and registering a motor vehicle in counties of this state which have in effect an ordinance or resolution approving a staggered system of registering and taxing motor vehicles; to change the provisions relating to the staggered system of registering motor vehicles.
On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 339 was with drawn from the Senate Committee on Urban and County Affairs (General) and committed to the Senate Committee on Transportation.
SENATE RULES CALENDAR
Tuesday, February 21, 1989
TWENTY-EIGHTH LEGISLATIVE DAY
SB 185 Foreclosures--arising out of consumer transactions (Substitute) (Judy--47th) SB 188 Bad Checks--form of notice (Substitute) (Judy--47th) SB 221 Controlled Substance Charge--no bail (Substitute) (S Judy--17th) SB 248 Drivers' License Conviction--courts send reports to Public Safety (S
Judy--33rd) SB 265 Lobbying by State Departments--register with Secretary of State (Substitute)
(Judy--49th) SB 273 Probate Court Judge--District Attorney act as prosecutor in traffic cases (Substi
tute) (Judy--28th) SB 280 Parole--certain felons serve one-third of sentence (Judy--42nd) SB 296 Public Works Construction Financed by Public Funds--restrictions (Substitute)
(Gov Op--25th) SB 308 License Plates--certain ones red, white, and blue (D&VA--19th) SB 317 Person Servicing Bicycles, Lawn Mowers, Related Equipment--lien on equip
ment, value of services (Substitute) (Gov Op--3rd) SB 321 Actions Against Nonresidents--service of process (Substitute) (Judy--49th) SR 37 Convicted Felon--serve one-third of sentence before parole (Judy--42nd) SR 58 Investigative Grand and Trial Juries--judicial circuits (Substitute) (Judy--47th) SR 142 Federal Budget--urge Congress remove federal transportation trust funds
(Trans--1st) HB 473 Vehicle Length Restrictions--automobile carriers (Substitute) (Trans--1st)

TUESDAY, FEBRUARY 21, 1989

957

HB 499 Overcrowded Prison Systems--more construction (Substitute) (Corr--30th) HB 351 Qualifying Petitions--consists of cards (Gov Op--25th) HB 492 Private Property--removal of vehicle, personal property (Substitute) (S
Judy--38th) HB 407 Candidates for Certain Offices--filing affidavits (Substitute) (Gov Op--25th) HB 408 City Elections--requirements for certain write-in candidates (Gov Op--25th) HB 430 Criminal Justice Coordinating Council--change membership (Pub S--15th) HB 32 False Birth Date--giving to police, misdemeanor (S Judy--28th) HB 238 Peace Officer Standards and Training Act--redefine peace officer (Pub S--38th)
HB 94 Probation Revocation--alternatives (Corr--30th) HB 53 Vehicle Length Limitations--increase (Substitute) (Amendment) (Trans--1st) HB 336 Corporations, Partnerships--document filing with Secretary of State
(Judy--47th) HB 155 Underground Storage Tank Act--define petroleum product (Nat R--21st) HB 4 Alcoholic Treatment--change effective date (Hum R--42nd) HB 134 Lakes Sinclair and Oconee--limit fish baskets (Nat R--21st) HB 412 Tallapoosa Judicial Circuit Superior Court--change terms (Judy--49th)
Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman
Senate Rules Committee
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 185. By Senators Johnson of the 47th, Albert of the 23rd, Olmstead of the 26th and Phillips of the 9th: A bill to amend Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosures on personalty, so as to provide for foreclosures arising out of consumer transactions; to change the provisions relat ing to the definition of certain terms; to provide for a petition for immediate writ of possession with respect to consumer transactions; to provide for procedures.
The Senate Committee on Judiciary offered the following substitute to SB 185:
A BILL
To be entitled an Act to amend Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosures on personalty, so as to provide for immediate writs of possession and foreclosures arising out of certain transactions involv ing the issuance of a bad check; to provide for a petition for immediate writ of possession with respect to certain transactions involving the issuance of a bad check; to provide for procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosures on personalty, is amended by striking in its entirety Code Section 44-14-261, relating to a petition for immediate writ of possession, and in serting in lieu thereof a new Code Section 44-14-261 to read as follows:
"44-14-261. Any person seeking to foreclose an interest in personal property arising out of a commercial transaction under this subpart may seek an immediate writ of possession from the court before which the petition is filed if the petition contains a statement of facts,

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under oath, by the petitioner or his agent or attorney which sets forth the basis of the petitioner's claim and a sufficient ground for the issuance of an immediate writ of posses sion. No such writ shall issue on an interest arising out of a consumer transaction; provided, however, that an immediate writ of possession may issue on merchandise or goods sold, leased, or serviced, which merchandise, goods, or services were paid for, in whole or in part, by a bad check as the term 'bad check' is defined in Code Section 44-14-516."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was follows:

Those voting in the affirmative were Senators:

Allgood Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge English Fincher

Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Parker Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Baldwin Barker Barnes

Bowen Engram Garner McKenzie

Olmstead Peevy Scott of 2nd Stumbaugh

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 188. By Senators Johnson of the 47th, Albert of the 23rd, Dawkins of the 45th and others:
A bill to amend Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to bad checks, so as to provide that with respect to the crime of issuance of a bad check a single notice is sufficient to cover all checks on which payment was refused and which were written within a ten-day period to a single entity; to provide for the form of notice covering multiple checks.

TUESDAY, FEBRUARY 21, 1989

959

The Senate Committee on Judiciary offered the following substitute to SB 188:

A BILL
To be entitled an Act to amend Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to bad checks, so as to provide that with respect to the crime of issuance of a bad check a single notice is sufficient to cover all checks on which payment was refused and which were delivered within a ten-day period to a single entity; to provide for the form of notice covering multiple checks; to provide a presumption for the basis of dishonoring a check; to change the penalty provisions relating to the crime of issuance of a bad check; to provide that the drawing and giving of multiple bad checks to the same entity within a specified period shall under certain circumstances constitute misdemeanor of a high and aggravated nature or a felony; to change certain provisions relating to the issuance of a bad check on a bank of another state; to clarify certain court costs; to preserve certain civil remedies for the party holding a worthless check, draft, or order; to provide that the party holding a worthless check, draft, or order shall be immune from civil liability for cer tain actions; to change certain provisions relating to service charges; to make it unlawful for any person to print or cause to be printed checks, drafts, or orders drawn upon any financial institution or to execute or negotiate any check, draft, or order knowing that the account number, routing number, or other information printed on such check, draft, or order is in error, fictitious, or assigned to another account holder or financial institution; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to bad checks, is amended by striking in its entirety Code Section 16-9-20, relating to the crime of issuance of a bad check, and inserting in lieu thereof a new Code Section 169-20 to read as follows:
"16-9-20. (a) A person commits the offense of criminal issuance of a bad check when he makes, draws, utters, or delivers a check, draft, or order for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by the drawee. For the purposes of this Code section, it is prima-facie evidence that the accused knew that the instrument would not be honored if:
(1) The accused had no account with the drawee at the time the instrument was made, drawn, uttered, or delivered;
(2) Payment was refused by the drawee for lack of funds upon presentation within 30 days after delivery and the accused or someone for him shall not have tendered the holder thereof the amount due thereon, together with a service charge, within ten days after receiv ing written notice that payment was refused upon such instrument. For purposes of this paragraph:
(A) Notice mailed by certified or registered mail evidenced by return receipt to the address printed on the instrument or given at the time of issuance shall be deemed suffi cient and equivalent to notice having been received by the person making, drawing, utter ing, or delivering the instrument. A single notice as provided in subparagraph (B) of this paragraph shall be sufficient to cover all checks on which payment was refused and which were delivered within a ten-day period by the accused to a single entity, provided that the form of notice lists and identifies each check; and

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(B) The form of notice shall be substantially as follows:

'You are hereby notified that the following check(s) or instrument(s)

Check No.

Check Date

Check Amount

Name of
Bank

drawn upon _______ and payable to ________, (has) (have) been dishonored. Pur suant to Georgia law, you have ten days from receipt of this notice to tender payment of the total amount of the check(s) or instrument(s) plus the applicable service charge(s) of $--------------, the total amount due being _______ dollars and ________ cents. Unless this amount is paid in full within the specified time above, a presumption in law arises that you delivered the item(s) with the intent to defraud and the dishonored check(s) or instrument(s) and all other available information relating to this incident may be submit ted to the magistrate for the issuance of a criminal warrant or citation or to the district attorney or solicitor for criminal prosecution.'; or
(3) Notice mailed by certified or registered mail is returned undelivered to the sender when such notice was mailed within 90 days of dishonor to the address printed on the in strument or given by the accused at the time of issuance of the instrument.
(b) (1) Except as provided in paragraphs (2) and (3) of this subsection and subsection (c) of this Code section, a person convicted of the offense of criminal issuance of a bad check shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows:
(A) When the check is for less than $100.00, a fine of not more than $500.00 or impris onment not to exceed 12 months, or both; or
(B) When the check is for $100.00 or more but less than $300.00, a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or both; or
(C) When more than one check is involved and such checks were drawn within 90 days of one another and each is in an amount less than $100.00, the amounts of such separate checks may be added together to arrive at and be punishable under subparagraph (B) of this paragraph.
(2) Except as provided in paragraph (3) of this subsection and subsection (c) of this Code section, a person convicted of the offense of criminal issuance of a bad check, when the check is for an amount of not less than $300.00 nor more than $499.99, shall be guilty of a misdemeanor of a high and aggravated nature. When more than one check is involved and such checks were given to the same entity within a 15 day period and the cumulative total of such checks is not less than $300.00 nor more than $499.99, the person drawing and giving such checks shall upon conviction be guilty of a misdemeanor of a high and aggra vated nature.
(3) (A) Except as provided in subsection (c) of this Code section, a person convicted of the offense of criminal issuance of a bad check, when the check is for $500.00 or more, shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $5,000.00 or by imprisonment for not more than three years, or both.
(B) When more than one check is involved and such checks were given to the same entity within a 15 day period and the cumulative total of such checks is $500.00 or more, the person drawing and giving such checks shall upon conviction be guilty of a felony and sub ject to the penalty provisions of subparagraph (A) of this paragraph.
(C) When five or more checks are involved and such checks were given to the same

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961

entity within a ten-day period, the person drawing and giving such checks shall upon con viction be guilty of a felony and subject to the penalty provisions of subparagraph (A) of this paragraph.
(4) Upon conviction of a first or any subsequent offense under this subsection or subsec tion (c) of this Code section, in addition to any other punishment provided by this Code section, the defendant shall be required to make restitution of the amount of the check, together with all costs of bringing a complaint under this Code section. Costs shall be pre sumed to be $20.00, inclusive of warrant or citation application fee and certified or regis tered mail letter fee, provided that the party causing the criminal warrant or citation to issue may present competent evidence of costs in excess of $20.00 as the court considers the assessment of costs. Restitution may be made while the defendant is serving a probated or suspended sentence.
(c) A person who is not a resident of this state and who commits the offense of criminal issuance of a bad check by the making, drawing, uttering, or delivering of a check, draft, or order on a bank of another state shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine in an amount of up to $1,000.00, or both.
(d) The prosecuting authority of the court with jurisdiction over a violation of subsec tion (c) of this Code section may seek extradition for criminal prosecution of any person not within this state who flees the state to avoid prosecution under this Code section.
(e) In any prosecution or action under this Code section, a check, draft, or order for which the information required in this subsection is available at the time of issuance shall constitute prima-facie evidence of the identity of the party issuing the check, draft, or order and that the person was a party authorized to draw upon the named account. To establish this prima-facie evidence, the following information regarding the identity of the party presenting the check, draft, or order shall be obtained by the party receiving such instru ment: the full name, residence address, and home phone number.
(1) Such information may be provided by either of two methods:
(A) The information may be recorded upon the check or instrument itself; or
(B) The number of a check-cashing identification card issued by the receiving party may be recorded on the check. The check-cashing identification card shall be issued only after the information required in this subsection has been placed on file by the receiving party.
(2) In addition to the information required in this subsection, the party receiving a check shall witness the signature or endorsement of the party presenting such check and as evidence of such the receiving party shall initial the check.
(f) As used in this Code section, the term:
(1) 'Conviction' shall include the entering of a guilty plea, the entering of a plea of nolo contendere, or the forfeiting of bail.
(2) 'Present consideration' shall include without limitation:
(A) An obligation or debt of rent which is past due or presently due;
(B) An obligation or debt of state taxes which is past due or presently due;
(C) An obligation or debt which is past due or presently due for child support when made to the custodian of a minor child for the support of such minor child and which is given pursuant to an order of court or written agreement signed by the person making the payment;
(D) A simultaneous agreement for the extension of additional credit where additional credit is being denied; and
(E) A written waiver of mechanic's or materialmen's lien rights.

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(3) 'State taxes' shall include payments made to the Georgia Department of Labor as required by Chapter 8 of Title 34.
(g) This Code section shall in no way affect the authority of a sentencing judge to pro vide for a sentence to be served on weekends or during the nonworking hours of the defend ant as provided in Code Section 17-10-3.
(h) (1) Any party holding a worthless check, draft, or order and giving notice in sub stantially similar form to that provided in subparagraph (a)(2)(B) of this Code section shall be immune from civil liability for the giving of such notice and for proceeding as required under the forms of such notice; provided, however, that, if any person shall be arrested or prosecuted for violation of this Code section and payment of any check, draft, or order for the payment of money shall have been refused because the maker or drawer had no account with the bank or other depository on which such check, draft, or order was drawn, the one causing the arrest or prosecution shall be deemed to have acted with reasonable or probable cause even though he or it has not mailed the written notice or waited for the ten-day period to elapse. In any civil action for damages which may be brought by the person who made, drew, uttered, or delivered such check, draft, or order, no evidence of statements or representations as to the status of the check, draft, or order involved or of any collateral agreement with reference to the check, draft, or order shall be admissible unless such state ments, representations, or collateral agreement shall be written simultaneously with or upon the check, draft, or order at the time it is delivered by the maker thereof.
(2) Except as otherwise provided by law, any party who holds a worthless check, draft, or order, who complies with the requirements of subsection (a) of this Code section, and who causes a criminal warrant or citation to be issued shall not forfeit his right to continue or pursue civil remedies authorized by law for the collection of the worthless check, draft, or order. Such party holding a worthless check, draft, or order and complying with the provi sions of subsection (a) of this Code section shall be immune from civil liability for causing the warrant or citation to be issued regardless of whether the criminal charges are dismissed by a court due to payment in full of the face value of the check, draft, or order and applica ble service charges subsequent to the date that affidavit for the warrant or citation is made. In any civil action for damages which may be brought by the person who made, drew, ut tered, or delivered such check, draft, or order, no evidence of statements or representations as to the status of the check, draft, or order involved or of any collateral agreement with reference to the check, draft, or order shall be admissible unless such statements, represen tations, or collateral agreement shall be written simultaneously with or upon the check, draft, or order at the time it is delivered by the maker thereof.
(i) Notwithstanding paragraph (2) of subsection (a) of this Code section or any other law on usury, charges, or fees on loans or credit extensions, any lender of money or extender of other credit who receives a check, draft, negotiable order of withdrawal, or like instru ment drawn on a bank or other depository institution given by any person in full or partial repayment of a loan, installment payment, or other extension of credit may, if such instru ment is not paid or is dishonored by such institution, charge and collect from the borrower or person to whom the credit was extended a bad check charge. This charge shall not be deemed interest or a finance or other charge made as an incident to or as a condition to the granting of the loan or other extension of credit and shall not be included in determining the limit on charges which may be made in connection with the loan or extension of credit or any other law of this state.
(j) For purposes of this Code section, no service charge or bad check charge shall exceed $20.00 or 5 percent of the face amount of the check, whichever is greater.
(k) An action under this Code section may be prosecuted by the party initially receiving a worthless check, draft, or order or by any subsequent holder in due course of any such worthless check, draft, or order."

TUESDAY, FEBRUARY 21, 1989

963

Section 2. Said article is further amended by adding at the end thereof a new Code Section 16-9-21 to read as follows:
"16-9-21. (a) It shall be unlawful for any person to print or cause to be printed checks, drafts, or orders drawn upon any financial institution as such term is defined in paragraph (21) of Code Section 7-1-4 or to execute or negotiate any check, draft, or order knowing that the account number, routing number, or other information printed on such check, draft, or order is in error, fictitious, or assigned to another account holder or financial institution.
(b) Any person who violates subsection (a) of this Code section shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one year nor more than five years, or both."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Bowen Broun Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge English Foster

Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill
Olmstead Parker

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Tate Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Allgood Brannon

Langford Peevy

Shumake

Those not voting were Senators:

Baldwin Barnes

Coleman Engram

Fincher Stumbaugh

On the passage of the bill, the yeas were 45, nays 5.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 221. By Senators Collins of the 17th, Perry of the 7th, Gillis of the 20th and others:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to persons before whom offenses are bailable, so as to provide that per sons charged with manufacturing, delivering, distributing, dispensing, adminis-

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tering, selling, or possessing with intent to distribute certain controlled sub stances or marijuana shall not be eligible for bail.
The Senate Committee on Special Judiciary offered the following substitute to SB 221:
A BILL
To be entitled an Act to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to persons before whom offenses are bailable, so as to provide that per sons charged with manufacturing, delivering, distributing, dispensing, administering, or sell ing certain controlled substances or marijuana shall not be eligible for bail; to provide that persons charged with trafficking in cocaine, certain controlled substances, or marijuana shall not be eligible for bail; to provide for a hearing and exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to persons before whom offenses are bailable, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 17-6-1 to read as follows:
"17-6-1. (a) The following offenses are bailable only before a judge of the superior court:
(1) Treason;
(2) Murder;
(3) Rape;
(4) Aggravated sodomy;
(5) Armed robbery;
(6) Aircraft hijacking;
(7) Aggravated child molestation;
(8) Manufacturing, distributing, delivering, dispensing, administering, selling, or pos sessing with intent to distribute any controlled substance classified under Code Section 1613-25 as Schedule I or under Code Section 16-13-26 as Schedule II; and
(9) Kidnapping, arson, aggravated assault, or burglary if the person, at the time such person was charged, has previously been convicted of, was on probation or parole with re spect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed in paragraphs (1) through (8) of this subsection or an offense which under subsection (i) of this Code section is not bailable.
(b) Except as provided in subsection (i) of this Code section, all offenses not included in subsection (a) of this Code section are bailable by a court of inquiry. At no time, either before a court of inquiry, when indicted, after a motion for new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail.
(c) When a hearing is held pursuant to Code Section 17-4-26 or 17-4-62 for a person charged with any offense which is bailable only before a judge of the superior court as pro vided in subsection (a) of this Code section, the presiding judicial officer shall notify the superior court in writing within 48 hours that the arrested person is being held without bail. The superior court shall notify the district attorney and shall set a date for a hearing on the issue of bail within 20 days after the receipt of such notice.
(d) A person charged with any offense which is bailable only before a judge of the supe rior court as provided in subsection (a) of this Code section may petition the superior court requesting that he be released on bail. The court shall notify the district attorney and set a date for a hearing within ten days after receipt of such petition.

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965

(e) A court shall be authorized to release a person on bail if the court finds that the person:
(1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;
(2) Poses no significant threat or danger to any person, to the community, or to any property in the community;
(3) Poses no significant risk of committing any felony pending trial; and
(4) Poses no significant risk of intimidating witnesses or otherwise obstructing the ad ministration of justice.
(f) Except as provided in subsections (a) and (i) of this Code section, the judge of any court of inquiry may by written order establish a schedule of bails. Unless otherwise ordered by the judge of any court, a person charged with committing any offense shall be released from custody upon posting bail as fixed in the schedule. The judge shall determine the conditions under which the schedule of bail shall be used.
(g) No appeal bond shall be granted to any person who has been convicted of murder, rape, aggravated sodomy, armed robbery, aggravated child molestation, kidnapping, traffick ing in cocaine or marijuana, or aircraft hijacking and who has been sentenced to serve a period of incarceration of seven years or more. The granting of an appeal bond to a person who has been convicted of any other crime shall be in the discretion of the convicting court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies.
(h) As used in this Code section, the term 'bail' shall include the releasing of a person on his own recognizance.
(i) No person who is charged with manufacturing, distributing, delivering, dispensing, administering, or selling any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II or marijuana or any person charged with trafficking in cocaine, any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II or marijuana shall be entitled to bail; provided, however, that such person must be tried at the next term of supe rior court or within 90 days, whichever occurs first, or that person shall be entitled to a hearing before a judge of the superior court who shall have sole discretion whether to set a bond and the amount of such bond, if granted, and said hearing shall be held no later than 90 days following the arrest."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 4, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Brannon Burton Collins Coverdell Dean Echols

Edge English Fincher Garner Gillis Hammill Huggins

Land Newbill Perry Phillips Pollard Ragan of 10th Ragan of 32nd

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Ray Scott of 2nd Starr

Stumbaugh Taylor

Turner Tysinger

Those voting in the negative were Senators:

Albert Allgood Baldwin
g0^1 Ql Dawkins Deal Foster

Fuller Harris Howard
Johnson Kennedy Kidd Langford McKenzie

Olmstead Parker Peevy
Scott of 36th Shumake Tate Timmons Walker

Those not voting were Senators:

Barnes

Coleman

Engram

On the passage of the bill, the yeas were 28, nays 25.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Collins of the 17th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 221.

Senator Foster of the 50th introduced the doctor of the day, Dr. Edwin P. Hendricks, Jr., of Demorest, Georgia.

The following general bills and resolution of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:

SB 248. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' li censes, so as to change the provisions relating to requirements for courts to send licenses and reports of convictions to the Department of Public Safety; to change the provisions relating to the payment of fees and the retention of fees.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay

Collins Coverdell Dawkins Deal Dean Echols Edge English Fincher Foster

Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land

TUESDAY, FEBRUARY 21, 1989

967

Langford McKenzie Newbill Parker Peevy Perry
Phillips

Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th
Starr

Tate Taylor Timmong
Turner Tysinger Walker

Those not voting were Senators:

Coleman Engram

Garner Olmstead

Shumake Stumbaugh

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 265. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Code Section 28-7-2 of the Official Code of Georgia Annotated, relating to registration with the Secretary of State of persons representing orga nizations, etc., before the General Assembly, so as to require persons representing state departments, agencies, boards, commissions, or authorities to register; to exempt such state officials from the registration fee.

The Senate Committee on Judiciary offered the following substitute to SB 265:

A BILL
To be entitled an Act to amend Code Section 28-7-2 of the Official Code of Georgia Annotated, relating to registration with the Secretary of State of persons representing orga nizations, etc., before the General Assembly, so as to require persons representing state de partments, agencies, boards, commissions, or authorities to register; to exempt such state officials from the registration fee; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 28-7-2 of the Official Code of Georgia Annotated, relating to registration with the Secretary of State of persons representing organizations, etc., before the General Assembly, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 28-7-2 to read as follows:
"28-7-2. (a) Every person appearing and representing, with or without compensation, any person, firm, corporation, association, or organization or the highest official or his designee of any department, board, agency, commission, or authority of state government for the purpose of aiding or opposing, directly or indirectly, the enactment of a bill or bills or a resolution or resolutions by either house of the General Assembly shall file in the office of the Secretary of State a writing, subscribed by such person, stating the name of each person, firm, corporation, association, or organization or the name of the highest official or his designee of the state department, board, agency, commission, or authority that he represents. This registration shall be valid for only one regular or extraordinary session of the legisla ture. It shall be the duty of the Secretary of State to provide a suitable docket for such registration, which shall be known as the docket of legislative appearance, with appropriate indices, and to enter promptly therein the names of the parties appearing and on whose behalf they appear. Such docket shall be open to inspection.
(b) Each person registering with the Secretary of State shall pay to him a registration fee of $5.00, provided that a person who represents any department, board, agency, commis sion, or authority of state government shall be exempted from payment of such registration fee. As soon as practicable after registering any such person, the Secretary of State shall

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issue to him an identification card which shall have printed thereon the name of the regis tered person and the person, firm, corporation, association, or organization he represents, provided that, when any such person represents more than one person, firm, corporation, association, or organization, such identification card shall have printed thereon the name of the registered person and the words 'REGISTERED AGENT.' The Secretary of State shall not be required to issue an identification card as provided in this subsection to any person representing the highest official or his designee of any state department, board, agency, commission, or authority; provided, however, that such person shall be required to have a state identification card on his person and shall make it available for inspection by all legis lators who shall request it of him. Any such person, while in the state capitol during such times as the General Assembly shall be in session, shall have said identification on his per son and shall make it available for inspection by all legislators who shall request it of him. At the beginning of each annual session of the General Assembly, the Secretary of State shall report to each house of the General Assembly those persons who have registered with him, along with the respective persons, firms, corporations, or associations or state depart ments, boards, agencies, commissions, or authorities they represent. During sessions of the General Assembly, the Secretary of State shall periodically report to each house those per sons who have registered with him since the convening of the General Assembly. The re ports of the Secretary of State shall be entered in the journal of each house. All members of the House and Senate shall have the responsibility of bringing to the attention of the rules committee of each respective house violations of this Code section and chapter; and the chairmen of the respective rules committees shall have the responsibility of reporting such violations to appropriate officials.
(c) Subsections (a) and (b) of this Code section shall not be construed to apply to any citizen who expresses his personal views, on his own behalf, to any member of the General Assembly on any measure pending before either house of the General Assembly.
(d) Subsections (a) and (b) of this Code section shall not be construed to apply to any person who appears before a committee of either or both houses of the General Assembly for the purpose of expressing his views or giving testimony when such person is not other wise required to comply with subsections (a) and (b) of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Coverdell Dawkins Deal Dean Echols Edge

English Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie

Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh

TUESDAY, FEBRUARY 21, 1989

969

Tate Taylor

Timmons

Walker

Those not voting were Senators:

Brannon Clay Coleman Collins

Engram Fincher Garner

Shumake Turner Tysinger

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 273. By Senator Edge of the 28th:
A bill to amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to the general powers and jurisdiction of probate and municipal courts with regard to prosecution of traffic offenses, so as to authorize a probate court judge to require the district attorney or assistant district attorney to act as prose cutor in traffic violation proceedings in probate court.

The Senate Committee on Judiciary offered the following substitute to SB 273:

A BILL
To be entitled an Act to amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to the general powers and jurisdiction of probate and municipal courts with regard to the prosecution of traffic offenses, so as to provide that in any traffic misde meanor trial a judge of the probate court may request the assistance of the district attorney of the circuit or solicitor of the state court of the county to conduct the trial on behalf of the state; to authorize the district attorney and solicitor to designate a member of their respec tive staffs to conduct such a trial on behalf of the state; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to the general powers and jurisdiction of probate and municipal courts with regard to the pros ecution of traffic offenses, is amended by adding at the end thereof a new subsection (c) to read as follows:
"(c) In any traffic misdemeanor trial, a judge of the probate court, upon his own mo tion, may request the assistance of the district attorney of the circuit in which the court is located or solicitor of the state court of the county to conduct the trial on behalf of the state. If, for any reason, the district attorney or solicitor is unable to assist, the district attorney or solicitor may designate a member of his staff to conduct the trial on behalf of the state."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon
Coerdell Dawkins Deal Dean Echols Edge Fincher Foster

Fuller Garner Gillis Hammill Harris Howard
Huggins Johnson Kennedy Kldd Land Langford McKenzie Newbill Parker 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 voting were Senators:

Bowen Coleman Collins

English Engram

Olmstead Peevy

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 280. By Senator Howard of the 42nd:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to re strict the authority of the State Board of Pardons and Paroles to parole persons convicted of certain felonies until such persons have served at least one-third of the sentence imposed by the court for any such felony.

Senator Howard of the 42nd moved that SB 280 be postponed until Wednesday, Febru ary 22.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 280 was post poned until Wednesday, February 22.

SB 296. By Senator Kidd of the 25th:
A bill to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for construction of public works, so as to provide that con tracts for construction of public works financed from public funds or constructed on public property shall be subject to certain restrictions.

Senator Kidd of the 25th moved that SB 296 be placed on the Table.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 296 was placed on the Table.

SB 308. By Senators Ray of the 19th, Brannon of the 51st, Parker of the 15th and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide that cer tain license plates shall be printed in red, white and blue colors.

TUESDAY, FEBRUARY 21, 1989

971

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge English

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill 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 Walker

Those not voting were Senators:

Brannon Coleman

Engram Olmstead

Tysinger

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 317. By Senators Hammill of the 3rd, Scott of the 2nd, Fuller of the 52nd and others:
A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to provide that persons, firms, or corporations that service or repair bicycles, motor scooters, mopeds, motorcycles, lawn mowers, garden equipment, or other such related equipment shall, for the value of their services, have a lien upon the equipment.

The Senate Committee on Governmental Operations offered the following substitute to SB 317:

A BILL
To be entitled an Act to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to provide that persons, firms, or corporations that service or repair bicycles, motor scooters, mopeds, motorcycles, lawn mowers, garden equipment, or other such related equipment shall, for the value of their services, have a lien upon the equipment; to provide that such persons, firms, or corporations shall have the right to retain possession of the equipment repaired until their charges have been paid; to provide that if any equipment has been delivered to the owner, the lien shall be lost; to provide for the rank of these liens; to provide that after a period of 60 days after the service has been performed on such equipment without the value of the services having been paid, the person, firm, or corporation may sell such equipment to recover its costs of service; to provide that notice to the owner shall be sent before that person's equipment is sold; to

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provide for a period in which a person may claim such equipment; to provide that the pro ceeds shall be used to cover the costs of service; to provide that the remedies in this part shall be cumulative to any other remedies available by law; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, is amended by adding immediately following Part 7 thereof a new Part 7A to read as follows:
"Part 7A
44-14-460. All persons, firms, or corporations engaged in the business of servicing or repairing bicycles, motor scooters, mopeds, motorcycles, lawn mowers, garden equipment, or other such related equipment shall, for the agreed price or the reasonable value of their services in servicing or repairing such equipment, have a lien upon the equipment serviced or repaired, whether the work of servicing or repairing the equipment is performed by them selves or by their employees.
44-14-461. Any persons, firms, or corporations shall have the right to retain possession of the equipment repaired by them until their charges have been paid; but, if any equip ment is delivered to the person for whom the service or repair was performed without col lecting the agreed price or reasonable value of servicing or repairing the equipment, the lien shall be lost upon the equipment so delivered but shall attach to any other equipment be longing to the person for whom the work was done, which equipment may later come into the possession of such person, firm, or corporation for the purpose of being serviced or repaired.
44-14-462. A lien under this part shall have the same rank as the special lien of laborers on the products of their labor and may be foreclosed in the same manner.
44-14-463. In order to satisfy the lien of the person, firm, or corporation performing the service or repair, whenever any bicycles, motor scooters, mopeds, motorcycles, lawn mowers, garden equipment, or such other related equipment remains in the possession of any person, firm, or corporation engaged in the business of servicing or repairing such equipment for a period of 60 days after the person, firm, or corporation has performed any services or repairs thereon without the agreed price or the reasonable value of the service or repair being paid, the equipment may be sold by the person, firm, or corporation having performed the service or repair, provided that the requirements of Code Section 44-14-464 are satisfied.
44-14-464. Before any sale shall be made as provided in Code Section 44-14-463, the person, firm, or corporation making the sale shall give ten days' notice thereof by certified mail evidenced by return receipt to the last known address of the owner if known, or other wise to the last known address of the person from whom the equipment was received. Such notice shall give the name of the owner of the equipment, if known, and, if not known, the name of the person from whom the equipment was received; a description of the equipment to be sold; the time and place of the sale; the amount of the charges for which the equip ment will be sold; and the name of the person, firm, or corporation having possession of the equipment and proposing to make the sale. If such equipment is not claimed during the ten days following the date that notice was mailed, the equipment may be sold.
44-14-465. The proceeds of any sale made under this part shall be applied first to the payment of the lien for services or repairs rendered by the person, firm, or corporation mak ing the sale for its services in repairing or servicing the equipment sold; and the residue, if any, shall be paid on demand to the owner of the equipment sold.
44-14-466. The method of satisfaction of the liens referred to in this part shall be cumu lative of any other remedies provided by law for the foreclosure or satisfaction of such liens."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, FEBRUARY 21, 1989

973

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert
Allgood Barker
Barnes Bowen

Foster
Garner Gillis
Hammill Harris

Clay Collins Coverdell Dawkins Deal Dean Echols English Fincher

Johnson Kennedy Kidd Land Langford Newbill Parker Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd j^av
Scott Qf 2nd S,,,cott o,f 36th
umake ,
btumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Baldwin Brannon Coleman

Edge Engram Fuller

McKenzie Olmstead Tate

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 321. By Senator Deal of the 49th:
A bill to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process under the "Georgia Civil Practice Act"; Chapter 12 of Title 40 of the Official Code of Georgia Annotated, relating to actions against nonresi dents, so as to change the provisions relating to service of process on the Secre tary of State; to change the practices and procedures related thereto; to change the provisions relating to fees.

The Senate Committee on Judiciary offered the following substitute to SB 321:

A BILL
To be entitled an Act to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process under the "Georgia Civil Practice Act"; Chapter 12 of Title 40 of the Official Code of Georgia Annotated, relating to actions against nonresidents; Code Section 43-1-15 of the Official Code of Georgia Annotated, relating to itinerant entertainers; and Part 2 of Article 3 of Chapter 13 of Title 53 of the Official Code of Georgia Annotated, relating to foreign trustees of real property in this state, so as to change the provisions relating to service of process on the Secretary of State; to change the practices and proce-

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dures related thereto; to change the provisions relating to fees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process under the "Georgia Civil Practice Act," is amended by striking paragraph (1) of subsection (d) of said Code section, which reads as follows:
"(1) If the action is against a corporation incorporated or domesticated under the laws of this state, to the president or other officer of the corporation, secretary, cashier, managing agent, or other agent thereof, provided that when for any reason service cannot be had in the manner hereinabove provided, then service may be made upon the corporation by deliv ering to the Secretary of State, or his deputy, two copies of the summons and complaint, one copy of which shall be mailed by the Secretary of State or his deputy to the defendant at its last known address according to the records of the Secretary of State. The defendant shall have 30 days after such service in which to appear and answer; provided, however, that before such service shall be authorized, the plaintiff or his attorney shall make or cause to be made and filed in the case an affidavit setting forth the facts showing that, to the best of his knowledge, information, and belief, personal service on or notice to the officers, manag ing agent, or other agent of the corporation cannot be had within the state; and provided, further, that, if it shall appear from such affidavit that there is a last known address of a known officer of the corporation outside the state, the plaintiff shall, in addition to and after such service upon the Secretary of State, mail or cause to be mailed to the known officer at the address by registered or certified mail a copy of the summons and a copy of the com plaint; and in all such cases the defendant shall have 30 days from the date of such mailing within which to answer or plead;",
and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) If the action is against a corporation incorporated or domesticated under the laws of this state or a foreign corporation authorized to transact business in this state, to the president or other officer of the corporation, secretary, cashier, managing agent, or other agent thereof, provided that when for any reason service cannot be had in the manner here inabove provided, the Secretary of State shall be an agent of such corporation upon whom any process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with him or with any other person or persons designated by the Secretary of State to receive such service a copy of such process, notice, or demand, along with a copy of the affidavit to be submitted to the court pursuant to this Code section. The plaintiff or his attorney shall certify in writing to the Secretary of State that he has forwarded by registered mail such process, service, or demand to the last registered office or agent listed on the records of the Secretary of State, that service cannot be effected at such office, and that it therefore appears that the corpora tion has failed either to maintain a registered office or appoint a registered agent in this state. Further, if it shall appear from such certification that there is a last known address of a known officer of the corporation outside the state, the plaintiff shall, in addition to and after such service upon the Secretary of State, mail or cause to be mailed to the known officer at the address by registered or certified mail a copy of the summons and a copy of the complaint. Any such service by certification to the Secretary of State shall be answera ble not more than 30 days from the date the Secretary of State receives such certification;".
Section 2, Chapter 12 of Title 40 of the Official Code of Georgia Annotated, relating to actions against nonresidents, is amended by striking Code Section 40-12-2, relating to how service on a nonresident is made, and inserting in lieu thereof a new Code Section 40-12-2 to read as follows:
"40-12-2. Service of process upon a nonresident pursuant to Code Section 40-12-1 shall be made by serving a copy of the complaint or other pleading with summons attached thereto on the Secretary of State, his duly authorized agent, or his successor in office, along with a copy of the affidavit to be submitted to the court pursuant to this Code section. Such

TUESDAY, FEBRUARY 21, 1989

975

service shall be sufficient service upon any such nonresident, provided that notice of such service and a copy of the complaint and process are forthwith sent by registered or certified mail by the plaintiff to the defendant, if his address is known, and the defendant's return receipt and the plaintiffs affidavit of compliance with this Code section are appended to the summons or other process and filed with the summons, complaint, and other papers in the case in the court wherein the action is pending. The Secretary of State shall charge and collect a fee as set out in Code Section 45-13-26 for service of process on him under this Code section."
Section 3. Code Section 43-1-15 of the Official Code of Georgia Annotated, relating to itinerant entertainers, is amended by striking subsection (a) of said Code section and in serting in lieu thereof a new subsection (a) to read as follows:
"(a) All carnivals, road shows, and tent shows and all other itinerant entertainment not presented within any regularly licensed theater, auditorium, or other building permitted to be used for the offering of entertainment for value shall, before opening to the public or offering any amusement, entertainment, or other service to the public for value within this state:
(1) Designate a resident of this state as agent and lawful attorney in fact upon whom may be served all summons or other lawful processes in any action or proceeding against such carnival, circus, road show, tent show, or other itinerant show or itinerant entertain ment for any action arising as a result of its appearance in this state. The name and address of such resident agent shall be filed with the judge of the probate court of each county in which such carnival, circus, or show is to be held. If no resident agent has been designated, the Secretary of State shall become such agent with all the foregoing authority, and service of such process shall be made by serving a copy of the petition with process attached thereto on the Secretary of State or an employee in his office designated by the Secretary of State as an agent to receive service in his name, or his successor in office, along with a copy of the affidavit to be submitted to the court pursuant to this Code section, and such service shall be sufficient service upon any such carnival, circus, or show; provided that notice of such service and a copy of the petition and process are forthwith sent by registered or certified mail by the plaintiff or his agent to the defendant, if its address is known, and that the defendant's return receipt and the plaintiffs affidavit of compliance herewith are appended to the summons or other process and are filed with said summons, petition, and other pa pers in the case in the court in which the action is pending. The Secretary of State shall charge and collect a fee as set out in Code Section 45-13-26 for service of process on him under this Code section;
(2) Secure an insurance policy or a bond, affording coverage to such carnival, circus, or show for the extent of its stay within this state, which insurance policy or bond shall be subject to any personal injury or death or property damages to the following limits:
(A) An indemnity bond subject to a limit of $100,000.00; or
(B) An insurance policy or public liability bond subject to a limit of $50,000.00 for personal injury or death or property damage sustained by any one person and subject to a limit of $100,000.00 for personal injuries or death or property damages sustained by two or more persons as a result of any one accident or event; and
(3) File a copy of such insurance policy or bond with the judge of the probate court in the county where the carnival, circus, or show is to be held or with both the judge of the probate court and the Secretary of State. The Secretary of State is authorized and directed to issue, upon the request of any carnival, circus, or show filing a copy of such insurance policy or bond in his office, a certificate of filing, stating the coverage afforded by the policy or bond and the effective dates, which certificate may be filed with the judge of the probate court of the county where the carnival, circus, or show is to be held in lieu of a copy of the policy or bond. The Secretary of State is authorized to prescribe and require such terms and conditions in such policies as he may deem necessary or advisable to protect the interests of the public in carrying out the purposes of this Code section, and he is further authorized to

976

JOURNAL OF THE SENATE

prescribe and require use of a standard form of bond and policy for use under this Code section."
Section 4. Part 2 of Article 3 of Chapter 13 of Title 53 of the Official Code of Georgia Annotated, relating to foreign trustees of real property in this state, is amended by striking Code Section 53-13-121, relating to the procedure for service upon the Secretary of State, and inserting in lieu thereof a new Code Section 53-13-121 to read as follows:
"53-13-121. If a foreign trustee of real property in this state fails to designate some person or persons who may be found and served with notice, summons, or process in this state, service of summons, notice, or process shall be made upon the trustee by serving a copy of the petition or other pleading, with process attached thereto on the Secretary of State, along with a copy of the affidavit to be submitted to the court pursuant to this Code section. The service shall be sufficient service upon the nonresident trustee, provided that notice of the service and a copy of the petition and process is forthwith sent by registered or certified mail by the plaintiff or his agent to the trustee, in the state where the trustee resides, and the return receipt and the affidavit of the plaintiff as to compliance with this Code section are appended to the summons or other process and filed with the summons, petition, and other papers in the court where the action is pending. The Secretary of State shall charge and collect a fee as set out in Code Section 45-13-26 for service of process on him under this Code section."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Collins Deal Dean Echols Edge English Fincher

Poster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Walker

Those not voting were Senators:

Brannon Coleman Coverdell

Dawkins Engram McKenzie

Shumake Tysinger

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

TUESDAY, FEBRUARY 21, 1989

977

SR 37. By Senators Howard of the 42nd, Gillis of the 20th and Deal of the 49th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the State Board of Pardons and Paroles shall not parole any person who has been convicted of a felony if such person has not served at least one-third of the sentence imposed by the court for such fel ony and if the General Assembly has provided by law that any person convicted of such felony must serve at least one-third of the sentence before becoming eligible for parole; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IV, Section II, Paragraph II of the Constitution is amended by strik ing subparagraph (a) in its entirety and inserting in lieu thereof a new subparagraph (a) to read as follows:
"(a) Except as otherwise provided in this Paragraph, the State Board of Pardons and Paroles shall be vested with the power of executive clemency, including the powers to grant reprieves, pardons, and paroles; to commute penalties; to remove disabilities imposed by law; and to remit any part of a sentence for any offense against the state after conviction. The State Board of Pardons and Paroles shall not parole any person who has been convicted of a felony if such person has not served at least one-third of the sentence imposed for such felony by the court and if the General Assembly has provided by law that any person con victed of such felony must serve at least one-third of the sentence before becoming eligible for parole."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that the State Board of Pardons and Paroles shall not parole any person who has been convicted of a felony if such person has not served at least one-third of the sentence imposed by the court for such felony and if the General Assembly has pro vided by law that any person convicted of such felony must serve at least one-third of the sentence before becoming eligible for parole?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Barnes Bowen Broun Burton

Clay Collins Coverdell Dawkins

978

JOURNAL OF THE SENATE

Deal Dean Echols Ed&f E"^11 Fincher FFuolslteerr
Garner Gillis
Hammill
Harris Howard

Huggins Johnson Kennedy Kidd Lmul Langford MNecwKbeinllzie
Parker Peevy
Perry
Phillips Pollard

Ragan of 10th Ragan of 32nd Rav Scott of 2nd Scott of 36th <,. Stuamb, augh,
Tate Taylor
Timmons
Turner Tysinger

Voting in the negative were Senators Shumake and Walker.

Those not voting were Senators:

Brannon Coleman

Engram

Olmstead

On the adoption of the resolution, the yeas were 50, nays 2.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

Senator Bowen of the 13th introduced Ms. Jarret Lee Watson, 1988 Georgia
Watermelon Queen, who was commended by SR 146, adopted previously, and she briefly addressed the Senate.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 118. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19881989 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1988-1989.

The Conference Committee report on HB 118 was as follows:

The Committee of Conference on HB 118 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 118 be adopted.
Respectfully submitted,

FOR THE SENATE:
1st Terrell A. Starr Senator, 44th District
/s/ Joseph E. Kennedy Senator, 4th District
/s/ Thomas F. Allgood Senator, 22nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Lauren McDonald, Jr. Representative, 12th District
/s/ Larry Walker Representative, 115th District
/s/ Terry L. Coleman Representative, 118th District

TUESDAY, FEBRUARY 21, 1989

979

Conference Committee substitute to HB 118:

A BILL

To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1988-1989 known as the "General Appropriations Act", approved April 14, 1988 (Ga. L. 1988, p. 1998), so as to change certain appropriations for the State Fiscal Year 1988-1989; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1988-1989, as amended, known as the "General Appropriations Act" approved April 14, 1988 (Ga. L. 1988, p. 1998), is further amended by striking everything following the enacting clause through Section 77, and by substituting in lieu thereof the following:

"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1988, and ending June 30, 1989, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $6,254,000,000 for State Fiscal Year 1989.

PART I.

LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: Legislative Branch. ............... Personal Services--Staff ..................... Personal Services--Elected Officials .............. Regular Operating Expenses.................... Travel--Staff ............................... Travel--Elected Officials..................... Motor Vehicle Purchases .................... Equipment ................................. Computer Charges ................... Real Estate Rentals .......................... Telecommunications ..................... Per Diem, Fees and Contracts--Staff ........... Per Diem, Fees and Contracts--Elected Officials . Photography .................................. Expense Reimbursement Account........ Capital Outlay ............................... Total Funds Budgeted .............. State Funds Budgeted .......................

$20,923,966 $9,848,300 . $3,177,901 . $2,388,972 . . . $118,800 ..... $6,000 .... $--0--
. . . $355,000 . . . $415,500 .... $63,700
$638,000 . . . $369,732
$2,320,261 .... $68,000 . $1,153,800 .... $--0-
$20,923,966 $20,923,966

Senate Functional Budgets

Senate and Research Office Lt. Governor's Office
Secretary of the Senate's Office
Total

Total Funds

$ 3,965,981

$

543,772

$

995,200

$ 5,504,953

State Funds

$ 3,965,981

$

543,772

$

995,200

$ 5,504,953

House of Representatives and Research Office

House Functional Budgets Total Funds
$ 8,114,718

State Funds $ 8,114,718

980

JOURNAL OF THE SENATE

Speaker of the House's Office
Clerk of the House's Office Total
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

$

377,961

$ 1,098,710

$ 9,591,389

Joint Functional Budgets

Total Funds

$ 2,058,843

$ 1,863,793

$

786,990

$ 1,117,998

$ 5,827,624

$

377,961

$ 1,098,710

$ 9,591,389

State Funds

$ 2,058,843

$ 1,863,793

$

786,990

$ 1,117,998

$ 5,827,624

For compensation, expenses, mileage, allowances, travel and benefits for members, offi cials, committees and employees of the General Assembly and each House thereof; for oper ating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legisla tures and the National Conference of Insurance Legislators and other legislative organiza tions, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Commit tee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legisla tive Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other that the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Ana lyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legis lative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Com mittee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropri ated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.
Section 2. Department of Audits. Budget Unit: Department of Audits ................................ $12,596,408 Operations Budget: Personal Services................................................ $10,381,288 Regular Operating Expenses......................................... $364,220 Travel ............................................................ $813,972 Motor Vehicle Purchases............................................ $172,500

TUESDAY, FEBRUARY 21, 1989
Equipment ................... Per Diem, Fees and Contracts . Real Estate Rentals ........... Computer Charges ............ Telecommunications .......... Total Funds Budgeted ........ State Funds Budgeted ........
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court. .........................
Section 4. Court of Appeals. Budget Unit: Court of Appeals ........................
Section 5. Superior Courts. Budget Unit: Superior Courts ......................... Operation of the Courts ............................ Prosecuting Attorneys' Council ...................... Sentence Review Panel ............................. Council of Superior Court Judges .................... Judicial Administrative Districts ..................... Habeas Corpus Clerk ...............................
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts .........................
Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education . Institute's Operations............................... Georgia Magistrate Courts Training Council ..........
Section 8. Judicial Council. Budget Unit: Judicial Council......................... Council Operations ................................. Payments to Judicial Administrative Districts for Case Counting ................................... Board of Court Reporting ........................... Payment to Council for Magistrate Court Judges ... Payment to Council for Probate Court Judges ..... Payment to Council for State Court Judges........... Payment to Resource Center ........................ Payment to Computerized Information Network ....
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission
PART III.
EXECUTIVE BRANCH
Section 10. Department of Administrative Services. A. Budget Unit: Department of Administrative Services
Administration and Services Budget: Personal Services. .................................. Regular Operating Expenses......................... Travel ........................................... Motor Vehicle Purchases............................

981
. $24,900 ... $50,888 . . . $336,140
. $396,800 . . . . $55,700 $12,596,408 $12,596,408
$3,900,608
$4,504,874
$36,750,463 $35,015,299 . . . $747,652
$119,600 ... $73,435 . . . $779,477 .... $15,000
$348,408
$550,368 $425,506 $124,862
$1,509,673 . . $665,088
. . . $71,000 . . . $28,575 . . . $26,000 . . $20,000 . . . $10,000
$150,000 . $539,010
$109,310
$39,823,820
$42,591,314 . $9,717,316
$335,449 . . . $430,700

982

JOURNAL OF THE SENATE

Equipment ................................................... . $4,215,479

Computer Charges ............................................ . $8,833,624

Real Estate Rentals ........................................... . $3,288,851

Telecommunications ........................................... . . . $897,578

Per Diem, Fees and Contracts .................................. . . . $635,362

Rents and Maintenance Expense ............................... $15,966,243

Utilities ...................................................... .... $42,635

Payments to DOAS Fiscal Administration ...................... . $1,957,232

Direct Payments to Georgia Building Authority

for Capital Outlay........................................... . . $--0--

Direct Payments to Georgia Building Authority

for Operations .............................................. ..... $--0--

Telephone Billings ............................................ $34,165,279

Materials for Resale ........................................... . $11,650,000

Public Safety Officers Indemnity Fund .......................... . $608,800

Health Planning Review Board Operations ................

. $50,000

Georgia Golf Hall of Fame Operations .......................... ... $30,000

Authorities Liability Reserve Fund.............................. . . . . . $--0--

Grants to Counties ............................................ . $2,600,000

Grants to Municipalities ....................................... . . $4,200,000

Capital Outlay ................................................ . . . . $170,000

Total Funds Budgeted......................................... $142,385,862

State Funds Budgeted ......................................... . $39,823,820

Department of Administrative Services Functional Budgets

State Properties Commission Departmental Administration Treasury and Fiscal Administration Central Supply Administration Procurement Administration General Services Administration Space Management Administration Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Total

Total Funds

$

548,880

$ 2,314,218

$ 16,880,785

$ 12,128,279

$ 2,734,176

$

657,217

$

521,873

$ 50,545,599

$ 3,844,853

$ 42,710,204

$ 5,574,379

$ 1,564,315

$

683,247

$ 1,677,837

$ 142,385,862

State Funds

$

548,880

$ 2,285,287

$ 14,828,637

$

-- 0--

$ 2,734,176

$

-- 0--

$

521,873

$ 12,924,967

$

-- 0--

$ 5,850,000

$

130,000

$

-- 0--

$

-- 0--

$

-- 0--

$ 39,823,820

B. Budget Unit: Georgia Building Authority . . Georgia Building Authority Budget: Personal Services ...................... Regular Operating Expenses .............. Travel ................................. Motor Vehicle Purchases ................. Equipment ............................. Computer Charges ..................... Real Estate Rentals ..................... Telecommunications .....................

. .... $--0--
$18,324,000 . $4,729,200
$21,100 . . . . . $76,800 . . . . $129,700
$51,000 . . $10,800 . . . . $111,100

TUESDAY, FEBRUARY 21, 1989

983

Per Diem, Fees and Contracts .... Capital Outlay ........... Utilities .................... Contractual Expense ..... Fuel ....................... Facilities Renovations and Repairs Total Funds Budgeted ... State Funds Budgeted ............

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

Georgia Building Authority Functional Budgets

Total Funds

$ 1,922,900

$ 4,737,600

$ 4,880,800

$ 4,642,800

$

199,100

$ 4,343,500

$ 10,961,100

$

597,900

<j>

__Q__

jij

$ 32,285,700 $

C. Budget Unit: Agency for the Removal of Hazardous Materials ................
Operations Budget: Personal Services ..................... Regular Operating Expenses............ Travel ............................... Motor Vehicle Purchases......... Equipment ........................... Computer Charges .................... Real Estate Rentals ................... Telecommunications ................... Per Diem, Fees and Contracts .......... Capital Outlay ........................ Utilities .............................. Total Funds Budgeted ................. State Funds Budgeted .................

Section 11. Department of Agriculture. A. Budget Unit: Department of Agriculture
State Operations Budget: Personal Services. ..................... Regular Operating Expenses............ Travel ............................... Motor Vehicle Purchases............... Equipment ........................... Computer Charges .................... Real Estate Rentals ................... Telecommunications ................... Per Diem, Fees and Contracts .......... Market Bulletin Postage ............... Payments to Athens and Tifton Veterinary Laboratories ..............

. $154,000 .... $--0-- . $8,488,000 . . . $190,000 .... $--0-- .... $--0-- $32,285,700 .... $--0--
. . . $250,000 $4,500,000
. $3,996,000 $1,500,000 . $175,000
. . $700,000 .... $--0-- .... $--0-- ... $20,000 . . $800,000 .... $--0-- .... $--0-- $11,691,000 . . $250,000
$32,448,217 $28,055,956 . $3,355,998 . . . $877,000 . . . $513,604 . . . $396,114 . . . $317,928
$850,963 . . $390,374 . . $330,754 . . $600,000
$2,124,650

984

JOURNAL OF THE SENATE

Poultry Veterinary Diagnostic Laboratories in Canton,

Dalton, Douglas, Oakwood,

and Statesboro...................................

$1,662,832

Veterinary Fees ....................................

. . $547,000

Indemnities........................................

. . $91,000

Bee Indemnities. ...................................

. . . $75,000

Advertising Contract ...............................

. . $205,000

Payments to Georgia Agrirama Development

Authority for Operations..........................

. . $526,600

Renovation, Construction, Repairs and Maintenance Projects

at Major and MMinor Markets .

. $75,000

Capital Outlay .

..... $-0-

Contract--Federaaltion of Southern Cooperatives ................... ... $60,000

Tick Control Proogram .........

.... $50,000

Poultry Indemniitties ...........

. $100,000

dgeted .....

$41,205,773

igeted .......

$32,448,217

Department of Agriculture Functional Budgets

Total Funds

Plant Industry

$ 4,304,536 $

Animal Industry

$ 6,398,502 $

Marketing

$ 1,766,211 $

General Field Forces

$ 3,628,428 $

Internal Administration

$ 4,363,030 $

Information and Educatiioon

$ 1,405,150 $

Fuel and Measures

$ 3,012,727 $

Consumer Protectioi sld Forces

$ 5,925,309 $

Meat Inspection

$ 4,107,818 $

Major Markets

$ 4,006,733 $

Seed Technology

$

364,797 $

Entomology and Pesticidles

$ 1,922,532 $

Total

$ 41,205,773 $

State Funds 3,839,911 6,026,778 1,721,957 3,628,428 4,285,030 1,405,150 3,004,727 4,567,704 1,611,752 534,248 -- 0--
1,822,532 32,448,217

Borgia Agrirama Development Authority ....... Development Authority Budget: Personal Serviceas .............. Regular Op< ng Expenses .... Travel ... Motor Vehii 'urchases ....... Equipment Computer Chargfees ............ Real Estate Renittals ........... Telecommunicalions ........... Per Diem, Fees and Contracts . . Capital Outlay . Goods for Resale .............. dgeted ......... dgeted .........

. . $--0--
. $557,000 .... $143,305
... $7,250 . . . $-0-- ... $28,466 ..... $--0-- ..... $--0-- ..... $9,000 ..... $75,731 ... $246,000 ..... $98,280 . . $1,165,032 .... $--0--

Section 12. Department of Banking and Finance. Budget Unit: Department of Banking and Finance Administration and Examination Budget:

$5,733,574

TUESDAY, FEBRUARY 21, 1989

985

Personal Services................................................. $4,794,975 Regular Operating Expenses......................................... $220,511 Travel ............................................................ $321,198 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $24,305 Computer Charges ................................................. $122,402 Real Estate Rentals ................................................ $184,272 Telecommunications ................................................. $63,911 Per Diem, Fees and Contracts ......................................... $2,000 Total Funds Budgeted ............................................ $5,733,574 State Funds Budgeted ............................................ $5,733,574

Section 13. Department of Community Affairs.

Budget Unit: Department of Community Affairs ...................... $8,372,056

State Operations Budget:

Personal Services................................................. $4,803,291

Regular Operating Expenses......................................... $243,346

Travel ............................................................ $177,884

Motor Vehicle Purchases.............................................. $8,200

Equipment ......................................................... $24,009

Computer Charges .................................................. $45,615

Real Estate Rentals ................................................ $398,192

Telecommunications ................................................. $62,998

Per Diem, Fees and Contracts ....................................... $123,132

Capital Felony Expenses ....................................

$327,919

Contracts with Area Planning

and Development Commissions .................................. $1,400,000

Local Assistance Grants ............................................ $310,000

Appalachian Regional Commission

Assessment ....................................................... $99,800

Community Development Block

Grants (Federal) .............................................. $30,000,000

Juvenile Justice

Grants (Federal) .................................................. $--0--

Grant--Richmond County ........................................... $--0--

Special Investment Grant ........................................... $650,000

Payment to Georgia Residential

Finance Authority................................................ $600,000

Payment to Georgia Environmental

Facilities Authority for Operations .......................... $422,990

Total Funds Budgeted ........................................... $39,697,376

State Funds Budgeted ............................................ $8,372,056

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative

$ 4,086,459 $ 4,063,959

Technical Assistance

$ 1,394,920 $ 1,209,614

Community and Economic Development

$ 32,856,144 $ 1,904,676

Intergovernmental Assistance

$ 1,086,214 $

920,168

Office of Rural Development

$

273,639 $

273,639

Total

$ 39,697,376 $ 8,372,056

Section 14. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation
Personal Services.....................................

$308,745,275 $223,651,418

986

JOURNAL OF THE SENATE

Regular Operating Expenses

....

Travel ..............................

Motor Vehicle Purchases..............

Equipment ..........................

Computer Charges

Real Estate Rentals ..................

Telecommunications ..................

Per Diem, Fees and Contracts .........

Capital Outlay .......................

Utilities .............................

Court Costs. .........................

County Subsidy ......................

County Subsidy for Jails ..............

County Workcamp Construction Grants

Grants for Local Jails ................

Central Repair Fund .................

Payments to Central State

Hospital for Meals .................

Payments to Central State

Hospital for Utilities

Payments to Public Safety

for Meals..........................

Inmate Release Fund .................

Health Services Purchases ............

Payments to MAG for Health

Care Certification ..................

University of Georgia--Cooperative

Extension Service Contracts

Minor Construction Fund .............

Authority Lease Rentals ..............

Total Funds Budgeted ................

Indirect DOAS Funding ..............

Georgia Correctional Industries

State Funds Budgeted ................

Departmental Functional Budgets

Administration Institutions and Support

Total Funds $ 38,564,661 $ 224,262,676

Probation

$ 53,459,147

Total

$ 316,286,484

B. Budget Unit: Board of Pardons and Paroles Board of Pardons and Paroles Budget: Personal Services........................... Regular Operating Expenses................. Travel .................................... Motor Vehicle Purchases.................... Equipment ................................ Computer Charges ......................... Real Estate Rentals ........................ Telecommunications ........................ Per Diem, Fees and Contracts ............... County Jail Subsidy ........................ Total Funds Budgeted...................... State Funds Budgeted ......................

. $25,103,025 . . $1,330,530
$1,432,000 . . $4,867,492 . $869,450
$2,920,461 . . $2,264,367 . . $1,687,805 . $1,180,000 . . $8,479,215 ... $445,000
$11,110,000 . . $8,500,000 . . $1,450,000 ..... $20,000 . . . . $682,000
. $3,199,945
$1,429,703
$315,196 .. $1,100,000
$12,969,341
. . . . . $48,946
... $289,190 ... $741,400 .... $200,000 $316,286,484 . . . . $450,000 ..... $--0-- $308,745,275
State Funds
38,004,661 223,020,879
47,719,735
308,745,275
$19,998,192
$16,477,840 . . . . $483,309 . . . . $455,951 . . . . $124,500 . . . . $148,304
$126,706 . $1,115,131
$397,469 . . . . $365,454 . . . . $550,000
$20,244,664 $19,998,192

TUESDAY, FEBRUARY 21, 1989

987

Section 15. Department of Defense. Budget Unit: Department of Defense .. Operations Budget: Personal Services.................. Regular Operating Expenses........ Travel ........................... Motor Vehicle Purchases............ Equipment ........................ Computer Charges ................ Real Estate Rentals ................ Telecommunications ............... Per Diem, Fees and Contracts ...... Grants to Locals--Emergency Management Assistance.......... Grants--Others ................... Georgia Military Institute Grant.... Civil Air Patrol Contract.......... Capital Outlay .................... Grants to Armories................ Repairs and Renovations........... Total Funds Budgeted............. State Funds Budgeted .............

Department of Defense Functional Budgets

Total Funds

Office of the Adjutant General

2,364,010

Georgia Emergency Management Agency

1,959,677

Georgia Air National Guard

3,336,041

Georgia Army National Guard

5,508,308

Total

13,168,036

Section 16. State Board of Education--Department of Education. Budget Unit: Department of Education ....................... Operations: Personal Services.......................................... Regular Operating Expenses................................ Travel ................................................... Motor Vehicle Purchases................................... Equipment ............................................... Computer Charges ........................................ Real Estate Rentals ....................................... Telecommunications ....................................... Per Diem, Fees and Contracts .............................. Utilities .................................................. Capital Outlay ............................................ QBE Formula Grants: Kindergarten/Grades 1--3 ................................. Grades 4--8 .............................................. Grades 9--12 ............................................ High School Laboratories .................................. Vocational Education Laboratories .......................... Special Education ......................................... Gifted....................................................

. $4,863,042
$7,423,010 $3,720,608 .... $66,382 .... $27,200 .... $50,725 .... $13,830 ..... $7,800 . . $132,596 . . . $183,500
. $1,050,000 ... $44,100 . $18,000 .... $42,000 ... $--0-- .... $63,160 . . $325,125 $13,168,036 . $4,863,042

State Funds

$ 1,241,750

$

903,813

$

462,047

$ 2,255,432

$ 4,863,042

$2,382,304,274
$39,092,937 $4,676,871 . $1,706,044 .... $96,590 ... $546,391 $9,291,774 . $2,190,848 .... $758,781 $17,494,447 . $833,720 .... $232,000
$612,236,416 $502,854,873 $253,020,871 $75,173,824 . $82,875,796 $171,399,805 $18,976,960

988

JOURNAL OF THE SENATE

Remedial Education ............................................. $28,422,940 Staff Development ............................................... $6,221,516 Professional Development........................................ $13,938,667 Media.......................................................... $83,370,542 Indirect Cost .................................................. $446,973,429 Pupil Transportation ........................................... $106,125,602 Isolated Schools.................................................... $992,440 Mid-Term Adjustment........................................... $36,727,238 Local Fair Share .............................................. $(427,320,488) Other Categorical Grants: Equalization Formula........................................... $114,076,541 Sparsity Grants .................................................. $2,585,942 In School Suspension ................................................ $--0-- Special Instructional Assistance.................................... $1,000,000 Middle School Incentive ......................................... $12,026,299 Special Education Low-
Incidence Grants ................................................. $188,694 Non-QBE Grants:
Education of Children of LowIncome Families .............................................. $86,908,735
Retirement (H.B. 272 and H.B. 1321) ....................................... $3,503,745
Instructional Services for the Handicapped .............................................. $29,455,844
Removal of Architectural Barriers ......................................................... $888,439
Tuition for the Multi-Handicapped............................................. $2,558,000
Severely Emotionally Disturbed .................................. $31,942,336 School Lunch (Federal) ......................................... $127,921,445 School Lunch (State) ............................................ $22,666,600 Supervision and Assessment of Students and
Beginning Teachers and Performance-Based Certification ................................. $6,015,946 Regional Education Service Agencies ............................................... $6,137,565 Georgia Learning Resources System ........................................................ $2,991,722 High School Program ........................ $17,773,920 Special Education in State Institutions .............................................. $3,030,345 Governor's Scholarships........................................... $1,269,600 Special Projects .................................................... $563,403 Job Training Partnership Act ..................................... $3,084,680 Vocational Research and Curriculum ...................................................... $366,540 Salaries and Travel of Public Librarians............................................... $9,061,589 Public Library Materials .......................................... $4,498,850 Talking Book Centers .............................................. $767,632 Public Library M&O....... ..................................... $3,638,259 Grants to Local School Systems for Educational Purposes ...................................... $78,000,000 Child Care Lunch Program (Federal)............................................. $16,728,325 Chapter II--Block Grant Flow Through ................................................. $8,702,655

TUESDAY, FEBRUARY 21, 1989

989

Payment of Federal Funds to Postsecondary Vocational Education
Innovative Programs. ................ Technology Grants .................. Limited English-Speaking
Students Program ................. Drug Free School (Federal) .......... Transistion Program for Refugees Emergency Immigrant Education
Program.......................... Robert C. Byrd Scholarship
(Federal) ......................... Total Funds Budgeted ............... Indirect DOAS Services Funding ... State Funds Budgeted ...............

Education Functional Budgets

State Administration Instructional Programs Governor's Honors Program

Total Funds $ 4,097,732 $ 16,209,683 $ 1,040,401

Administrative Services
Evaluation and Personnel Development

$ 20,055,464 $ 15,034,976

Special Services

$ 4,074,159

Professional Standards Commission

$

258,975

Professional Practices Commission
Local Programs
Georgia Academy for the Blind
Georgia School for the Deaf

$

540,693

$ 2,631,198,711

$ 4,202,888 $ 6,601,224

Atlanta Area School for the Deaf
Total

$ 4,804,208 $ 2,708,119,114

Section 17. Employees' Retirement System. Budget Unit: Employees' Retirement System Employees' Retirement System Budget: Personal Services........................ Regular Operating Expenses.............. Travel ................................. Motor Vehicle Purchases................. Equipment ............................. Computer Charges ...................... Real Estate Rentals ..................... Telecommunications ..................... Per Diem, Fees and Contracts ............ Benefits to Retirees ..................... Employer Contribution .................. Total Funds Budgeted ................... State Funds Budgeted ...................

$14,218,609 $670,500
...... $850,000
. . . . $1,250,000 $3,541,023
...... $110,450
....... $61,547
...... $152,500 $2,708,119,114 ...... $340,000 . $2,382,304,274
State Funds 3,628,218 8,968,243 978,945 14,502,123
14,404,372 2,619,964
258,975
540,693 2,321,570,156
3,994,540 6,399,680
4,438,365 2,382,304,274
...... $--0--
... $918,040 .... $107,560 ....... $7,500 ...... $--0-- ....... $5,400 .... $280,000 .... $121,500 .... $27,000 . $657,700 ...... $--0-- ...... $--0--
$2,124,700 ...... $--0--

990

JOURNAL OF THE SENATE

Section 18. Forestry Commission Budget Unit: Forestry Commission ............. State Operations Budget: Personal Services............................ Regular Operating Expenses.................. Travel ..................................... Motor Vehicle Purchases..................... Equipment ................................. Computer Charges .......................... Real Estate Rentals ......................... Telecommunications ......................... Per Diem, Fees and Contracts ................ Contractual Research ........................ Payments to the University of Georgia, School of Forestry for Forest Research ...... Ware County Grant for Southern Forest World Ware County Grant for Road Maintenance . .. . Wood Energy Program ...................... Capital Outlay .............................. Total Funds Budgeted....................... State Funds Budgeted .......................

Forestry Commission Functional Budgets

Total Funds

Reforestation

$ 5,118,743

Field Services

$ 31,786,519

Wood Energy

$

28,000

General Administration and Support

$ 2,444,341

Total

$ 39,377,603

Section 19. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation Operations Budget: Personal Services......................... Regular Operating Expenses............... Travel .................................. Motor Vehicle Purchases.................. Equipment .............................. Computer Charges ....................... Real Estate Rentals ...................... Telecommunications ...................... Per Diem, Fees and Contracts ............. Evidence Purchased ...................... Capital Outlay ........................... Total Funds Budgeted.................... Total State Funds Budgeted ..............

Georgia Bureau of Investigation Functional Budgets

Total Funds

Administration

$ 3,010,351

Drug Enforcement

$ 6,179,823

Investigative

$ 10,114,066

$31,910,958
$26,727,598 . $6,712,733 . . $157,298 . $1,259,133 . $2,335,896 . . $115,305 .... $39,694 . . . $871,599 . . . $490,347 . . . $250,000
. . . $300,000 .... $30,000 .... $60,000 .... $28,000 .... $--0-- $39,377,603 $31,910,958

State Funds

$

585,291

$ 28,860,326

$

28,000

$ 2,437,341 $ 31,910,958

$31,261,237
$22,789,687 $2,268,866
. . . $600,075 . . $466,800 . . $546,894 . . $584,085 . $1,779,565 . $1,683,765 ....$42,500 . . . $479,000 .... $20,000 $31,261,237 $31,261,237

State Funds $ 3,010,351 $ 6,179,823 $ 10,114,066

TUESDAY, FEBRUARY 21, 1989

991

Georgia Crime Information Center
Forensic Sciences
Total

6,029,284 5,927,713 31,261,237

Section 20. Office of the Governor. Budget Unit: Office of the Governor Personal Services................ Regular Operating Expenses...... Travel ......................... Motor Vehicle Purchases......... Equipment ..................... Computer Charges Real Estate Rentals ............. Telecommunications ............. Per Diem, Fees and Contracts . Cost of Operations ... Mansion Allowance .............. Governor's Emergency Fund . . . . . Intern Stipends and Travel Art Grants of State Funds ....... Art Grants of Non-State Funds . . Humanities Grant--State Funds Art Acquisitions--State Funds Children's Trust Fund Grants Children and Youth Grants ...... Payments to Hazardous Waste Management Authority Total Funds Budgeted ........... State Funds Budgeted ....

Office of the Governor Functional Budgets

Governor's Office
Office of Fair Employment Practices
Office of Planning and Budget
Council for the Arts
Office of Consumer Affairs
State Energy Office
Vocational Education Advisory Council
Office of Consumers' Utility Council
Criminal Justice Coordinating Council
Juvenile Justice Coordinating Council
Commission on Children and Youth
Growth Strategies Commission

Total Funds 5,638,542
807,449
4,447,197 3,786,261 1,994,660 47,757,592
288,447
651,987
656,436
1,409,005
1,153,325 277,625

6,029,284
5,927,713
31,261,237
$19,347,193 . $8,805,813 . . . $451,250 . . . $188,300 .... $--0-- .... $61,734
$148,400 . . $643,014 . . $211,480 $48,734,896 . $2,790,542 .... $40,000 . $2,650,000
$158,000 . $2,750,000
$345,006 .... $50,000 . . . . $40,000 . . . $662,461 . . $100,000
. . . $150,000 $68,980,896 $19,347,193

State Funds $ 5,638,542

$

739,236

$ 4,307,197

$ 3,248,016

$ 1,994,660

$

341,127

$

133,447

$

651,987

$

410,656

$

339,005

$ 1,153,325

$

277,625

992

JOURNAL OF THE SENATE

Human Relations Commission Total

112,370 68,980,896

112,370 19,347,193

Section 21. Department of Human Resources. A. Budget Unit: Departmental Operations.........................
1. General Administration and Support Budget: Personal Services ............................................ Regular Operating Expenses................................... Travel ...................................................... Motor Vehicle Purchases...................................... Equipment .................................................. Computer Charges ........................................... Real Estate Rentals .......................................... Telecommunications .......................................... Per Diem, Fees and Contracts ................................. Utilities ..................................................... Postage ..................................................... Capital Outlay ............................................... Institutional Repairs and Maintenance ......................... Payments to DMA--Community Care .......................... Service Benefits for Children .................................. Special Purpose Contracts .................................... Purchase of Service Contracts ................................. Total Funds Budgeted........................................ Indirect DOAS Services Funding .............................. State Funds Budgeted ........................................

$435,551,152
$51,698,977 . . $2,603,042
$1,411,429 ..... $--0-- .... $403,802 . $2,751,646 . . $5,048,438 . . $1,065,557 , . $2,529,806 . . . . $299,074 .... $992,468 ..... $--0-- ...... $4,000 . . $8,108,680 . $10,761,878 . . . . $236,000
$35,342,499 $123,257,296 . . . . $638,300 $55,925,995

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office Administrative Appeals

$

786,467

$ 1,222,147

786,467 1,222,147

Administrative Policy, Coordination, and Direction

310,462 $

310,462

Personnel

1,676,691 $ 1,632,736

Indirect Cost Facilities Management

4,938,930

(5,090,942) $ 3,444,691

Public Affairs

529,285 $

529,285

Community/ Intergovernmental Affairs

531,212 $

531,212

Budget Administration

1,650,435 $ 1,650,435

Financial Services

5,161,837 $ 4,961,837

Auditing Services

2,045,111 $ 2,045,111

Special Projects

516,000 $

516,000

Office of Children and Youth
Planning Councils

10,761,878 $ 10,245,359

479,385 $

142,505

Community Services Block Grant

9,341,668 $

Regulatory Services-- Program Direction and Support
Child Care Licensing

677,213 $ 2,413,625 $

677,213 2,403,625

TUESDAY, FEBRUARY 21, 1989

993

Laboratory Improvement

805,153

Health Care Facilities Regulation

$ 3,414,749

Compliance Monitorinng

$

402,997

Radiological Health

$

802,603

Fraud and Abuse

$ 5,521,776

Child Support Recovery

$ 21,156,778

Support Services

$ 9,493,933

Aging Services

$ 37,305,223

State Health Planningg and Development AVggeenncy

$ 1,311,738

Total

$

2. Public H( 1th Budget:

Personal Sf vices ..........................

Regular Op rating Expenses ................

Travel

Motor Vehi le Purchases ...................

Equipment

Computer ( larges ........................

Real Estate Rentals .......................

Telecommu ications .....................

Per Diem, : jes and Contracts ..............

Utilities .

Postage . .

Crippled Cl Idren Clinics ..................

Grants for egional

Intensive nfant Care ....................

Grants for egional

Maternal ind Infant Care ................

Midwifery '. rogram Benefits. ...............

Crippled C! Idren Benefits .................

Kidney Dis jse Benefits ...................

Cancer Cor rol Benefits ...................

Benefits foi Medically Indigent

High-Ris Pregnant Women and

Their Infants ...........................

ling Benefits ..................

t to Counties ..................

Service Contracts ..............

ose Contracts .................

Budgeted .....................

^S Services Funding ...........

Budgeted .....................

123,257,296

Public Health Functional Budgets

Total Funds

Director's Office

$

777,061

Employees' Health

$

339,799

Health Program M tagement

$ 1,282,294

Vital Records

$ 1,752,930

Health Services Research

$

692,918

Primary Health Care

$

753,832

$

578,992

$

964,243

$

402,997

$

599,959

$

273,214

$ 2,754,503

$ 9,281,333

$ 13,805,873

$ 1,256,738
$ 55,925,995
$44,656,998 ... $53,736,162 . . $1,204,223 ........ $--0--
. . . $428,166 .... $620,183 ....... $778,216 . . . $650,571 ..... $3,340,858 ........ $--0-- ........ $95,556
. . $623,632
.... $4,936,795
... $2,055,000 .... $2,068,464 ..... $7,456,223 ..... $400,000 ... $2,691,975

..... $4,059,421 ....... $378,961
. $62,677,766 . $10,706,055
... $6,370,000 . $209,935,225 ....... $549,718
$123,240,841

State Funds

$

579,836

$

299,799

$ 1,197,294

$ 1,617,001

$

470,100

$

691,744

994

JOURNAL OF THE SENATE

Stroke and Heart Attack Prevention

1,860,754 $ 1,444,504

Epidemiology

1,788,060 $

775,017

Immunization

562,672 $

--0--

Sexually Transmitted Diseases

1,528,042 $

267,066

Community Tuberculosis Center

1,399,897 35 1,399,897

Family Health Management

11,112,501 35 5,378,629

Infant and Child Health

9,392,795 35 9,201,585

Maternal Health--Perinatal

2,293,070 3f

847,137

Family Planning

10,495,104 3& 5,741,660

Malnutrition

54,959,983 55

-- 0--

Dental Health

1,690,894 3& 1,480,719

Children's Medical Services

11,899,431 3f 9,687,488

Chronic Disease

1,385,564 3& 1,385,564

Diabetes

664,206 3&

664,206

Cancer Control

3,778,928 {& 3,723,281

Environmental Health

846,992 3&

461,663

Laboratory Services

5,023,959 5S 4,903,959

Emergency Health

2,850,196 8f 1,789,696

District Health Administration

10,172,179 {& 10,042,504

Newborn Follow-Up Care

869,524 S5

686,574

Sickle Cell, Vision and Hearing

3,055,547 $ 2,604,595

High-Risk Pregnant Women and Infants

$ 6,594,224 $ 6,594,224

Grant in Aid to Counties

$ 53,595,372 $ 46,715,239

Community Health Management

$

460,207 $

359,633

Community Care

$ 2,957,876 $ 1,165,086

Aids

$ 3,098,414 $ 1,065,141

Total

$ 209,935,225 $ 123,240,841

3. Rehabilitation Services Budget:

Personal Services ...................... .......................... $62,014,634

Regular Operating Expenses

........................... $9,522,121

Travel ............................... ............................. $801,663

Motor Vehicle Purchases ............... ............................. $264,500

Equipment ................ .......

.......................... $433,914

Computer Charges .................... ........................... $1,673,520

Real Estate Rentals ................... ........................... $2,676,949

Telecommunications ................... ........................... $1,402,301

Per Diem, Fees and Contracts ..........

............ $4,452,190

Utilities .............................. ............................. $943,324

Capital Outlay ........................ .............................. $--0--

Postage .............................. ............................. $335,300

Institutional Repairs

and Maintenance ....................

...... ............... $165,000

TUESDAY, FEBRUARY 21, 1989

Case Services .................. E.S.R.P. Case Services.......... Special Purpose Contracts ...... Purchase of Services Contracts . . Total Funds Budgeted .......... Indirect DOAS Services Funding State Funds Budgeted ..........

Rehabilitation Services Functional Budgets

Total Funds

Program Direction and Support
Grants Management

$ 3,859,180 680,089

State Rehabilitation Facilities

$ 7,796,577

Roosevelt Warm Springs Institute

$ 17,137,188

Georgia Factory for the Blind

$ 12,598,968

Disability Adjudication

$ 22,278,407

Production Workshop

$

962,248

District Field Services Independent Living

$ 34,448,934

$

495,367

Sheltered Employment

$ 1,414,072

Community Facilities

$ 5,120,256

Bobby Dodd Workshop

$

409,900

Total 4. Family and Children Services Budget:

$ 107,201,186

Personal Services................................

Regular Operating Expenses......................

Travel .........................................

Motor Vehicle Purchases.........................

Equipment .....................................

Computer Charges ..............................

Real Estate Rentals .............................

Telecommunications .............................

Per Diem, Fees and Contracts ....................

Utilities ........................................

Postage ........................................

Cash Benefits ...................................

Grants to County DFACS--Operations ............

Service Benefits for Children .....................

Special Purpose Contracts .......................

Purchase of Service Contracts ....................

Total Funds Budgeted...........................

Indirect DOAS Services Funding .................

State Funds Budgeted ...........................

Family and Children Services Functional Budgets

Total Funds

Refugee Benefits

$ 1,328,582

995
$15,634,998 ... $50,000 ... $509,100 $6,321,672 $107,201,186 .... $100,000 . $22,226,770
State Funds
1,348,005 547,225
1,547,498
4,181,126
7,453,796 286,724 725,988
5,120,256
409,900
22,226,770
. $13,971,775 . $1,401,440
. $397,600 . . . . . $10,400 .... $73,975 . $15,708,002 . . . . $216,243 .... $907,120
$4,996,424 ...... $9,100 . . $1,371,985 $292,245,527 $178,551,696 . $45,707,516 . . $3,416,730 . . $2,225,484 $561,211,017 .. $2,339,882 $234,157,546
State Funds --0--

996

JOURNAL OF THE SENATE

AFDC Payments
SSI--Supplement .1 Benefits
Energy Benefits
County DFACS C derations-- Social Services
County DFACS C derations-- Eligibility
derations -- listration
derations -- Homemakers Services
Food Stamp Issuanice
Director's Office
Administrative Suppport
Regional Administration
Public Assistance
Management Info mation Systems
Social Services
Indirect Cost
Employability Benleeffits
Legal Services
Family Foster Caree
Institutional Foster Care
Specialized Foster Care
Adoption Supplemleent
Day Care
Home Managi it--Contracts
Outreach--Contracrts
Special Projects
Program Support
County DFACS C perations-- Employability 1 rogram
Total Budget Un t Object Classes: Personal Services. .................. Regular ( perating Expenses ......... Travel . Motor V( tiicle Purchases ............ Equipmen,t ........................ Compute) Charges ................. Real Ests te Rentals ................ Telecomn lunications ................ Per Diem Fees and Contracts ....... Utilities Postage . utlav .....................

$ 278,792,787

$

100

$ 12,978,058

$ 103,035,261

$

100

$

-- 0--

$ 48,054,191 $ 8,167,368

$ 76,878,122 $ 38,439,061

$ 45,284,352 $ 21,235,662

$ 6,636,080 $ 6,636,080

$ 2,427,000 $

-- 0--

$

872,594 $

872,594

$ 4,087,055 $ 3,390,727

$ 3,866,113 $ 3,866,113

$ 4,768,838 $ 2,109,597

$ 18,133,782 $ 7,105,382

$ 2,271,438 $ 2,271,438

$

--0-- $ (5,718,173)

$ 2,318,389 $ 1,908,631

$ 1,797,333 $ 1,797,333

$ 19,574,332 $ 12,497,722

$ 1,939,720 $ 1,469,164

$

672,684 $

509,493

$ 3,293,375 $ 2,707,472

$ 18,365,300 $ 15,865,300

$

154,200 $

154,200

$

757,600 $

757,600

$ 1,089,030 $ 1,072,630

$ 3,036,011 $ 2,847,611

$ 1,833,951 $ 561,211,017

$ 1,159,180 $ 234,157,546

. . . . . $172,342,384 . $67,262,765
....... $3,814,915 ......... $274,900 .... $1,339,857 ... $20,753,351 ....... $8,719,846 ... $4,025,549 ...... $15,319,278 ....... $1,251,498 ....... $2,795,309 .......... $--0--

TUESDAY, FEBRUARY 21, 1989

997

Grants for Regional Intensive Infant Care ........................................... $4,936,795
Grants for Regional Maternal and Infant Care ....................................... $2,055,000
Crippled Children Benefits ........................................ $7,456,223 Crippled Children Clinics ........................................... $623,632 Kidney Disease Benefits ............................................ $400,000 Cancer Control Benefits .......................................... $2,691,975 Benefits for Medically Indigent
High-Risk Pregnant Women and Their Infants .................................................. $4,059,421 Family Planning Benefits ........................................... $378,961 Midwifery Program Benefits....................................... $2,068,464 Grant-In-Aid to Counties ........................................ $62,677,766 Payments to DMA-Community Care ............................... $8,108,680 Service Benefits for Children ..................................... $56,469,394 Case Services ................................................... $15,634,998 E.S.R.P. Case Services ............................................... $50,000 Cash Benefits .................................................. $292,245,527 Grants for County DFACS-- Operations................................................... $178,551,696 Institutional Repairs and Maintenance................................................. $169,000 Special Purpose Contracts ....................................... $10,531,830 Purchase of Service Contracts .................................... $54,595,710
B. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions ........................................ $452,111,832
Departmental Operations: Personal Services. .............................................. $359,635,702 Regular Operating Expenses...................................... $32,584,668 Travel ............................................................ $991,562 Motor Vehicle Purchases............................................ $942,327 Equipment ...................................................... $3,558,294 Computer Charges ............................................... $4,112,195 Real Estate Rentals ................................................ $778,109 Telecommunications .............................................. $2,822,181 Per Diem, Fees and Contracts ..................................... $6,012,577 Utilities ........................................................ $13,456,804 Capital Outlay ...................................................... $21,200 Authority Lease Rentals ............................................ $748,468 Institutional Repairs and Maintenance ................................................... $2,363,882 Grants to County-Owned Detention Centers .............................................. $2,222,640 Substance Abuse Community Services ........................................... $30,461,421 Mental Retardation Community Services ........................................... $84,548,208 Mental Health Community Services ........................................... $11,605,116 Community Mental Health Center Services ............................................... $45,212,140 Special Purpose Contract ......................................... $1,356,660 Service Benefits for Children ...................................... $2,140,048 Purchase of Service Contracts ....................................... $496,000 Total Funds Budgeted .......................................... $606,070,202

998

JOURNAL OF THE SENATE

)OAS Services Funding ids Budgeted

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Total Funds

;e Hospital
on Center
Georgia Mental Health Institute
Georgia Regional Hospital at Augusta
Northwest Regional Hospital at Romne
Georgia Regional Hospital at Atlamnta
Central State Hosippital

$ 36,192,034 $ 30,441,744
$ 25,593,790
$ 20,479,238
$ 25,907,107
$ 28,514,220 $ 119,705,443

Georgia Regional Hospital at Sai annah

$ 23,584,681

Gracewood State School and Hospital

$ 43,857,798

West Central Georgia Regional Hospittal
Outdoor Thera atic Program

$ 20,538,230 $ 2,340,454

Mental Health Community . listance

$ 8,689,176

Mental Retardatioan Community Assliiss'tance
Day Care Centers for Mentally Retardied
Supportive Living

$ 4,551,317
$ 64,855,251 $ 11,288,718

Georgia State Fositer Grandparents/ Senior Companion Program
Project Rescue
Drug Abuse Contracts

$

591,869

$

410,048

$ 1,147,297

Community Ment.al Health Center Services
Project ARC
Metro Drug Abus.e Centers
Group Homes for Autistic Childresn
Project FriendshipP Community Ment,aal
Retardation Staiff

$ 45,212,140

$

371,144

$ 1,670,580

$

273,604

$

316,398

$ 3,262,748

Community Ment;aal Retardation Residential Services

$ 15,038,198

. ... $2,404,100 ... $452,111,832

State Funds $ 24,253,161 $ 15,188,754

$ 22,916,580

$ 17,370,153

$ 20,173,883

$ 22,744,704 $ 79,603,880

$ 21,071,532

$ 23,730,256

$ 15,930,948 $ 2,188,174

$ 8,605,367

$ 2,771,090

$ 37,297,251 $ 10,525,795

$

577,623

$

247,048

$ 1,147,297

$ 36,476,722

$

371,144

$ 1,420,580

$

273,604

$

316,398

$ 3,262,748

$ 15,038,198

TUESDAY, FEBRUARY 21, 1989

999

Contract with Clayton County

Board of Education for

Autistic Children

$

MH/MR/SA Administration

$

Regional Youth

Development Centers

$

Milledgeville State YDC

$

Augusta State YDC

$

Atlanta State YDC

$

Macon State YDC

$

Court Services

$

Community Treatment Centers

$

Day Centers

$

Group Homes

$

Purchased Services

$

Runaway Investigation/

Interstate Compact

$

Assessment and

Classification

$

Youth Services

Administration

$

Total

$

Section 22. Department of Industry and Trade. Budget Unit: Department of Industry and Trade State Operations Budget: Personal Services............................ Regular Operating Expenses.................. Travel ..................................... Motor Vehicle Purchases.....................
Equipment ................................. Computer Charges .......................... Real Estate Rentals ......................... Telecommunications ......................... Per Diem, Fees and Contracts ................ Local Welcome Center Contracts ............. Advertising and Cooperative
Advertising ............................... Georgia Ports Authority
Authority Lease Rentals ................... Historic Chattahoochee
Commission Contract ...................... Atlanta Council for
International Visitors ...................... Waterway Development in
Georgia .................................. Georgia Music Week Promotion .............. Georgia World Congress Center
Operating Expenses ....................... Contract--Georgia Association
of Broadcasters ...........................

74,630 8,340,819
17,590,349 9,898,567 6,707,708 3,737,087 3,496,507 10,593,216 2,517,774
930,659 660,496 3,338,447
692,810
402,184
2,255,722 606,070,202

$

74,630

$ 6,878,446

$ 17,253,349

$ 9,513,156

$ 6,636,973

$ 3,620,973

$ 3,385,107

$ 10,593,216

$ 2,517,774

$

930,659

$

660,496

$ 3,238,447

$

692,810

$

402,184

$ 2,210,722 $ 452,111,832

$17,864,012
. $6,885,334 $1,611,369
. . . $349,445 . . . . $68,500 . . . . $73,995 . $125,025 . . . $607,140 . $252,860 . $439,425 . $230,000
. $5,401,184
. $2,745,000
. . . . $80,000
$25,000
. . . . $50,000 ... $35,000
.... $--0--
... $53,000

1000

JOURNAL OF THE SENATE

Southern Center for International Studies .............................................. $25,000
Capital Outlay ...................................................... $--0-- Total Funds Budgeted ........................................... $19,057,277 State Funds Budgeted ........................................... $17,864,012

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration

$ 6,470,943 $ 5,628,943

Economic Development

$ 4,735,281 $ 4,552,281

Tourism Total

$ 7,851,053 $ 7,682,788 $ 19,057,277 $ 17,864,012

Section 23. Department of Insurance. Budget Unit: Department of Insurance. ............................. $10,070,182 Operations Budget: Personal Services................................................. $9,159,657 Regular Operating Expenses......................................... $546,750 Travel ............................................................ $309,000 Motor Vehicle Purchases............................................. $47,500 Equipment ......................................................... $50,670 Computer Charges ................................................. $206,771 Real Estate Rentals ................................................ $525,759 Telecommunications ................................................ $205,021 Per Diem, Fees and Contracts ....................................... $185,500 Total Funds Budgeted ........................................... $11,236,628 State Funds Budgeted ........................................... $10,070,182

Department of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration

$ 1,898,340 $ 1,898,340

Insurance Regulation

$ 4,023,256 $ 3,917,271

Industrial Loans Regulation

$

565,685 $

565,685

Fire Safety and Mobile Home Regulations

$ 4,749,347 $ 3,688,886

Total

$ 11,236,628 $ 10,070,182

Section 24. Department of Labor. Budget Unit: Department of Labor .................................. $6,028,241 State Operations: Personal Services................................................ $54,976,779 Regular Operating Expenses....................................... $6,163,100 Travel ............................................................ $830,000 Motor Vehicle Purchases............................................. $11,000 Equipment ........................................................ $455,000 Computer Charges ............................................... $5,645,000 Real Estate Rentals .............................................. $1,259,300 Telecommunications .............................................. $1,355,900 Per Diem, Fees and Contracts (JTPA) ............................ $60,580,000 Per Diem, Fees and Contracts ....................................... $381,500 W.I.N. Grants ...................................................... $--0-- Payments to State Treasury......................................... $400,000 Capital Outlay ................................................... $1,000,000

TUESDAY, FEBRUARY 21, 1989

1001

Total Funds Budgeted.................................... State Funds Budgeted ....................................

Department of Labor Functional Budgets

Total Funds

Executive Offices

$ 2,769,821

Administrative Services

$ 16,028,057

Employment and Training Services

$ 114,259,701

Total

$ 133,057,579

Section 25. Department of Law. Budget Unit: Department of Law............... Attorney General's Office Budget: Personal Services............................ Regular Operating Expenses.................. Travel ..................................... Motor Vehicle Purchases..................... Equipment ................................. Computer Charges .......................... Real Estate Rentals ......................... Telecommunications ......................... Per Diem, Fees and Contracts ................ Books for State Library. ..................... Total Funds Budgeted....................... State Funds Budgeted .......................

Section 26. Department of Medical Assistance. Budget Unit: Medicaid Services ................ Departmental Operations Budget: Personal Services............................ Regular Operating Expenses.................. Travel ..................................... Motor Vehicle Purchases..................... Equipment ................................. Computer Charges .......................... Real Estate Rentals ......................... Telecommunications ......................... Per Diem, Fees and Contracts ................ Medicaid Benefits, Penalties and Disallowances ......................... Payments to Counties for Mental Health ............................ Audit Contracts ............................. Total Funds Budgeted ....................... State Funds Budgeted .......................

Medical Assistance Functional Budgets

Total Funds

Commissioner's Office

$ 1,090,724

Program Management

$ 20,518,899

Systems Management

$ 14,852,016

Administration

$ 2,359,266

Program Integrity

$ 3,735,642

$133,057,579 .. $6,028,241
State Funds 581,610
1,296,313
4,150,318 6,028,241
. . $7,983,444
$7,097,516 . $388,702 . . $128,000 ... $--0-- . . . $27,480 . . $229,946
$411,800 . $80,000 . $60,000 $110,000 $8,533,444 $7,983,444
$437,621,350
. . $10,799,527 ...... $489,000 ...... $189,900 ....... $--0-- ....... $43,536 . $12,391,225 ...... $925,973 ...... $343,642 . . $16,601,244
$1,241,228,594
. . $25,170,529 ...... $772,500 . $1,308,955,670
$437,621,350
State Funds 429,961
2,722,459 4,148,779
323,502 1,597,294

1002

JOURNAL OF THE SENATE

Benefits, Penalties and Disallowances
Total

$ 1,266,399,123 $ 1,308,955,670

$ 428,399,355 $ 437,621,350

Section 27. Merit System of Personnel Administration.

Budget Unit: Merit System of Personnel Administration .......... $43,203,865

Departmental Operations Budget:

Personal Services ..........................

. . . . . $6,784,777

Regular Operating Expenses ................

.... $1,077,400

Travel ..................................

........ $71,000

Equipment ...............................

........ $73,790

Computer Charges ........................

..... $2,586,808

Real Estate Rentals .......................

....... $754,119

Telecommunications .......................

........ $84,826

Per Diem, Fees and Contracts ..............

. . . . $33,620,920

Health Insurance Payments ................

. . . $411,787,556

Total Funds Budgeted ....................

. . $456,841,196

Agency Assessments .......................

. . . . $8,653,661

Employee and Employer

Contributions ..........................

. $404,928,670

Deferred Compensation ....................

........ $55,000

State Funds ..............................

. $43,203,865

Merit System Functional Budgets

Applicant Services
Classification and Compensation
Flexible Benefits
Employee Training and Development
Health Insurance Administration
Health Insurance Claims
Internal Administration
Commissioner's Office
Total

Total Funds $ 2,425,828

$ 1,034,309

$

998,557

$ 1,297,374

$ 11,434,281 $ 436,347,856 $ 1,813,260 $ 1,489,731 $ 456,841,196

State Funds

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

$ 43,203,865

$

-- 0--

$

-- 0--

$ 43,203,865

Section 28. Department of Natural Resources. A. Budget Unit: Department of Natural Resources
Operations Budget: Personal Services. ........................ Regular Operating Expenses ................ Travel .................................. Motor Vehicle Purchases .................. Equipment .............................. Computer Charges ........................ Real Estate Rentals ...................... Telecommunications ...................... Per Diem, Fees and Contracts .............. Land and Water Conservation Grants ...... Recreation Grants ........................

.... $71,563,882
.... $52,031,707 . $10,310,215 ....... $505,350 . . . . . $1,493,994 ..... $1,742,335 ....... $626,120
. $1,706,138 ..... $1,294,574 . . . . . $1,463,268 ....... $900,000 ....... $530,000

TUESDAY, FEBRUARY 21, 1989

1003

Contract with U. S. Geological Survey for Ground Water Resources Survey ................................................ $300,000
Contract with U.S. Geological Survey for Topographic Maps ..................................... $125,000
Capital Outlay--Repairs and Maintenance............................................... $1,978,900
Capital Outlay--Shop StockParks ........................................................... $350,000
Capital Outlay-Heritage Trust....................................... $211,500 Authority Lease Rentals .......................................... $1,189,000 Cost of Material for Resale ....................................... $1,642,380 Payments to Lake Lanier Islands
Development Authority ......................................... $1,600,000 Contract--Special Olympics, Inc. .................................... $206,000 Georgia Sports Hall of Fame ......................................... $50,000 Capital Outlay--Heritage
Trust--Wildlife Management Area Land Acquisition ............................................ $485,000 Capital Outlay--User Fee Enhancements--Parks ............................................ $766,665 Capital Outlay--Buoy Maintenance ...................................................... $59,892 Capital Outlay--Consolidated Maintenance--Game and Fish ..................................... $347,831 Technical Assistance Contract ..................................... $125,000 Capital Outlay ................................................... $3,913,696 Contract--Georgia Rural Water Association ................................................. $10,000 Contract--Corps of Engineers (Cold Water Creek St. Park) ...................................... $149,405 Advertising and Promotion .......................................... $150,000 Payments to Georgia Agricultural Exposition Authority ........................................... $1,404,556 Historic Preservation Grant ......................................... $275,000 Environmental Facilities Grant .................................... $7,050,000 Georgia Boxing Commission ........................................... $7,000 Lanier Regional Committee .......................................... $13,000 Paving at State Parks and Historic Sites .................................................... $500,000 National Parks Service Grants. ...................................... $150,000 Capital Outlay-- Waterfowl Habitat ............................................... $200,000 Waterfowl Conservation Fund ....................................... $135,000 Total Funds Budgeted ........................................... $95,998,526 Receipts from Jekyll Island State Park Authority .............................................. $53,750 Receipts from Stone Mountain Memorial Association ............................................. $315,000 Indirect DOAS Funding ............................................ $200,000 State Funds Budgeted .......................................... $71,563,882

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration

$ 7,836,755 $ 7,441,004

Game and Fish

$ 26,494,449 $ 21,918,985

1004

JOURNAL OF THE SENATE

Parks, Recreation and Historic Sites
Environmental Protection
Coastal Resources
Total

$ 32,184,559 $ 19,190,525 $ 25,063,695 $ 21,485,611 $ 4,419,068 $ 1,527,757 $ 95,998,526 $ 71,563,882

B. Budget Unit: Authorities ............................................ $--0-- Operations Budget: Personal Services................................................. $3,320,151 Regular Operating Expenses....................................... $1,944,100 Travel ............................................................. $22,400 Motor Vehicle Purchases............................................. $99,000 Equipment ........................................................ $321,355 Computer Charges .................................................. $25,000 Real Estate Rentals ................................................. $10,200 Telecommunications ................................................ $119,050 Per Diem, Fees and Contracts ....................................... $144,700 Capital Outlay ................................................... $1,918,600 Total Funds Budgeted ............................................ $7,924,556 State Funds Budgeted ............................................... $--0--

Authorities Functional Budgets

Lake Lanier Islands Development Authority

Total Funds $ 6,520,000

State Funds

$

--0--

Georgia Agricultural Exposition Authority

$ 1,404,556 $

--0--

Total

$ 7,924,556 $

--0--

Section 29. Department of Public Safety. A. Budget Unit: Department of Public Safety ........................ $72,454,203
Operations Budget: Personal Services................................................ $54,998,371 Regular Operating Expenses....................................... $8,597,566 Travel ............................................................ $140,300 Motor Vehicle Purchases.......................................... $3,146,977 Equipment ........................................................ $681,806 Computer Charges ............................................... $3,731,300 Real Estate Rentals ................................................. $33,800 Telecommunications .............................................. $1,103,883 Per Diem, Fees and Contracts ....................................... $246,000 Conviction Reports ................................................. $225,000 State Patrol Posts Repairs and Maintenance................................................. $200,000 Capital Outlay ...................................................... $50,000 Driver License Processing ........................................... $949,200 Total Funds Budgeted ........................................... $74,104,203 Indirect DOAS Service Funding ................................... $1,650,000 State Funds Budgeted ........................................... $72,454,203

Administration Driver Services

Public Safety Functional Budgets Total Funds
$ 17,545,148 $ 13,842,033

State Funds $ 16,045,148 $ 13,842,033

TUESDAY, FEBRUARY 21, 1989

1005

Field Operations Total

42,717,022 74,104,203

42,567,022 72,454,203

B. Budget Unit: Units Attached for Administrative Purposes Only

1. Attached Units Budget:

Personal Services .............................

Regular Operating Expenses...................

Travel ....................................................

Motor Vehicle Purchases..............

Equipment ................................

Computer Charges ..........................

Real Estate Rentals ..................

Telecommunications

..............

Per Diem, Fees and Contracts ..............

Peace Officers Training Grants

...................

Capital Outlay ................................

Total Funds Budgeted .......

State Funds Budgeted .......................

2. Office of Highway Safety Budget:

Personal Services. ..............................

Regular Operating Expenses .............

Travel ....................................................

Motor Vehicle Purchases..................

Equipment ...........................

Computer Charges ............................

Real Estate Rentals ........................

Telecommunications ......................

Per Diem, Fees and Contracts ..................

Highway Safety Grants ................

Total Funds Budgeted ..................

State Funds Budgeted ....................

$13,164,335
$6,163,941 . $2,262,872 . . $133,500 . . . $136,170
. $151,795 . . . $356,563
. $91,853 . . $153,900 . $1,178,700 . $2,675,977 . . . . $--0-- $13,305,271 $12,874,196
. . . $397,276 .... $29,100 ... $13,000 . . . . $--0-- .... $--0--
. $40,000 ... $63,625 . . . . . $8,000 . . . . $23,800 . $3,500,000
$4,074,801 . . . $290,139

Attached Units Functional Budgets

Office of Highway Safety

Total Funds $ 4,074,801

State Funds 290,139

Georgia Peace Officers Standards and Training
Police Academy

$ 4,418,356 $ 4,418,356

841,577 $

821,577

Fire Academy

1,118,865 $ 1,019,865

Georgia Firefighters Standards and Training Council
Organized Crime Prevention Council

408,023 $ 344,845 $

408,023 344,845

Georgia Public Safety Training Facility

6,173,605 $ 5,861,530

Total

17,380,072 $ 13,164,335

Section 30. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System . Departmental Operations Budget: Payments to Employees' Retirement System ...................... Employer Contributions ......................

. $13,878,962
. $267,712 $13,611,250

1006

JOURNAL OF THE SENATE

Total Funds Budgeted ........................................... $13,878,962 State Funds Budgeted ........................................... $13,878,962

Section 31. Public Service Commission. Budget Unit: Public Service Commission ............................. $7,339,828 Departmental Operations Budget: Personal Services................................................. $5,870,419 Regular Operating Expenses......................................... $394,861 Travel ............................................................ $220,100 Motor Vehicle Purchases............................................. $57,900 Equipment ......................................................... $53,364 Computer Charges ................................................. $341,800 Real Estate Rentals ................................................ $278,825 Telecommunications ................................................ $113,300 Per Diem, Fees and Contracts ..................................... $1,250,000 Total Funds Budgeted ............................................ $8,580,569 State Funds Budgeted ............................................ $7,339,828

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration

$ 1,596,604 $ 1,596,604

Transportation

$ 2,766,949 $ 1,649,352

Utilities

$ 4,217,016 $ 4,093,872

Total

$ 8,580,569 $ 7,339,828

Section 32. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction ............................... $669,316,844
Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. .................................. $712,544,198 Sponsored Operations ........................................ $100,000,000 Operating Expenses: Educ., Gen., and Dept. Svcs ................................... $194,877,978 Sponsored Operations ........................................ $116,000,000 Special Funding Initiative........................................ $10,000,000 Office of Minority Business Enterprise .............................................. $333,975 Special Desegregation Programs ..................................... $368,841 Authority Lease Rentals ............................................. $--0-- Research Consortium ................................................ $--0-- Eminent Scholars Program ........................................... $--0-- Capital Outlay ................................................... $1,020,000 Total Funds Budgeted ......................................... $1,135,144,992 Departmental Income............................................ $27,160,771 Sponsored Income.............................................. $216,000,000 Other Funds ................................................... $219,640,077 Indirect DOAS Services Funding .................................. $3,027,300 State Funds Budgeted .......................................... $669,316,844
B. Budget Unit: Regents Central Office and Other Organized Activities ................................. $140,148,964
Regents Central Office and Other Organized Activities Budget:
Personal Services: Educ., Gen., and Dept. Svcs. .................................. $182,996,989 Sponsored Operations ......................................... $56,589,452

TUESDAY, FEBRUARY 21, 1989

1007

Operating Expenses: Educ., Gen., and Dept. Svcs. ............................... Sponsored Operations .....................................
Fire Ant and Environmental Toxicology Research .......................................
Agricultural Research........................................ Advanced Technology
Development Center....................................... Capitation Contracts for
Family Practice Residency ................................. Residency Capitation Grants ................................. Student Preceptorships ...................................... Center for Rehabilitation
Technology ............................................... SREB Payments ............................................ Medical Scholarships ........................................ Regents Opportunity Grants ................................. Regents Scholarships ........................................ Rental Payments to Georgia
Military College ........................................... CRT Inc. Contract at Georgia Tech
Research Institute......................................... Total Funds Budgeted ....................................... Departmental Income........................................ Sponsored Income........................................... Other Funds ................................................ Indirect DOAS Services Funding ............................. State Funds Budgeted .......................................

$80,767,375 $25,816,168
. . . $267,521 $1,693,360
. $1,251,877
. $2,655,750 . $2,381,730 ... $158,000
. . $680,924 $12,215,450 . . $729,262
. $600,000 . . $200,000
... $739,618
.... $206,000 $369,949,476 ..... $--0-- . $82,415,620 $146,829,192 .... $555,700 $140,148,964

Regents Central Office and Other Organized Activities Functional Budgets

Marine Resources Extension Center
Skidaway Institute of Oceanography
Marine Institute
Georgia Tech Research Institute

Total Funds $ 1,823,150 $ 3,469,274 $ 1,217,689 $ 96,148,375

State Funds

$ 1,136,242

$ 1,569,274

$

896,990

$ 11,612,620

Engineering Extension Division
Agricultural Experiment Station
Cooperative Extension Service
Eugene Talmadge Memorial Hospital
Veterinary Medicine Experiment Station
Veterinary Medicine Teaching Hospital
Joint Board of Family Practice

$ 5,718,590 $ 1,807,928

$ 48,307,462 $ 32,300,675

$ 45,928,134 $ 31,201,434

$ 133,121,511 $ 31,204,296

$ 2,833,608 $ 2,833,608

$ 2,299,285 $

466,285

$ 5,545,918 $ 5,545,918

1008

JOURNAL OF THE SENATE

Georgia Radiation Therapy Center
Athens and Tifton Veterinary Laboratories
Regents Central Office
Total

1,743,722
$ 2,181,920 $ 19,610,838 $ 369,949,476

$

--0--

$

57,270

$ 19,516,424

$ 140,148,964

C. Budget Unit: Georgia Public Telecommunications Commission ....... $6,168,939 Public Telecommunications Commission Budget: Personal Services................................................. $5,135,068 Operating Expenses .............................................. $5,247,823 Total Funds Budgeted ........................................... $10,382,891 Other Funds ..................................................... $4,213,952 State Funds Budgeted ............................................ $6,168,939

Section 33. Department of Revenue. Budget Unit: Department of Revenue............................... $67,951,948 Operations Budget: Personal Services................................................ $42,862,263 Regular Operating Expenses....................................... $3,859,658 Travel .......................................................... $1,467,725 Motor Vehicle Purchases............................................ $156,600 Equipment ........................................................ $604,445 Computer Charges ............................................... $8,287,721 Real Estate Rentals .............................................. $2,621,859 Telecommunications ................................................ $609,037 Per Diem, Fees and Contracts ....................................... $215,000
County Tax Officials/Retirement and FICA ..................................................... $1,769,340
Grants to Counties/Appraisal Staff .......................................................... $1,430,000
Motor Vehicle Tags and Decals.................................... $5,230,750 Postage ......................................................... $2,682,550 Total Funds Budgeted ........................................... $71,796,948 Indirect DOAS Services Funding .................................. $3,845,000 State Funds Budgeted ........................................... $67,951,948

Department of Revenue Functional Budgets

Total Funds

State Funds

Departmental Administration

$ 4,490,016 $ 4,490,016

Internal Administration

$ 9,370,301 $ 9,170,301

Electronic Data Processing

$ 4,991,947 $ 4,773,947

Field Services

$ 13,999,788 $ 13,699,788

Income Tax Unit

$ 7,723,662 $ 6,766,662

Motor Vehicle Unit

$ 16,681,034 $ 15,049,034

Central Audit Unit

$ 6,037,853 $ 6,037,853

Property Tax Unit

$ 4,174,472 $ 4,093,472

Sales Tax Unit

$ 4,327,875 $ 3,870,875

Total

$ 71,796,948 $ 67,951,948

Section 34. Secretary of State. Budget Unit: Secretary of State Personal Services............

$20,717,464 $13,424,337

TUESDAY, FEBRUARY 21, 1989

1009

Regular Operating Expenses....................................... $2,381,489 Travel ............................................................ $229,000 Motor Vehicle Purchases............................................ $134,000 Equipment ......................................................... $80,520 Computer Charges ................................................. $603,675 Real Estate Rentals .............................................. $2,171,939 Telecommunications ................................................ $267,642 Per Diem, Fees and Contracts ......................... $674,862 Election Expenses .................................. $750,000 Total Funds Budgeted ........................................... $20,717,464 State Funds Budgeted ........................................... $20,717,464

Secretary of State Functional Budgets

Total Funds

State Funds

Internal Administration

$ 2,929,039 $ 2,929,039

Archives and Records

$ 4,618,544 $ 4,618,544

Business Services and Regulation

$ 3,726,389 $ 3,726,389

Elections and Campaign Disclosure

$ 1,432,365 $ 1,432,365

Drugs and Narcotics

$

875,519 $

875,519

State Ethics Commission

$

178,828 $

178,828

Occupational Certification

$ 6,956,780 $ 6,956,780

Total

$ 20,717,464 $ 20,717,464

Occupational Certification Functional Budgets

Board

Cost of

Costs

Operations

S.B. of Accountancy

i

57,500 $

247,950

S.B. of Architects

i

79,725 $

190,876

S.B. of Athletic Trainers

i

850 $

4,355

Georgia Auctioneers Commission

!

7,350 $

46,865

S.B. of Barbers

1

24,000 $

153,756

G.B. of Chiropractic Examiners

$

21,000 $

132,730

State Construction Industry Licensing Board

!

92,000 $

542,083

S.B. of Cosmetology

I

55,000 $

847,430

G.B. of Dentistry

i

55,800 $

292,361

G.B. of Examiners of Licensed Dieticians

:

13,300 $

29,911

S.B. of Professional Engineers and Land Surveyors

64,700 $

300,000

S.B. of Registration for Foresters

3,100 $

33,925

S.B. of Funeral Services

23,000 $

219,515

S.B. of Registration for Professional Geologists

$

3,700 $

23,511

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S.B. of Hearing Aid Dealers and Dispensers
G.B. of Landscape Architects
S.B. for the Certification of Librarians
Georgia Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists
Composite S.B. of Medical Examiners
S.B. of Nursing Home Administrators
G.B. of Nursing
S.B. of Dispensing Opticians
S.B. of Examiners in Optometry
S.B. of Occupational Therapy
S.B. of Pharmacy
S.B. of Physical Therapy
S.B. of Podiatry Examiners
S.B. of Polygraph Examiners
G.B. of Examiners of Licensed Practical Nurses
G.B. of Private Detective and Security Agencies
S.B. of Examiners of Psychologists
S.B. of Recreation Examiners
S.B. of Examiners for Speech Pathology and Audiology
S.B. of Registration for Used Car Dealers
S.B. of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers
S.B. of Veterinary Medicine
S.B. of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysis
Total
B. Budget Unit: Real Estate Commission Real Estate Commission Budget: Personal Services.................... Regular Operating Expenses..........

7,600 $ 15,800 $
2,600 $

22,979 46,457
17,932

32,500 $ 102,000 $
12,200 $ 78,700 $ 8,600 $
18,000 $ 9,100 $ 86,500 $ 16,100 $ 6,700 $ 6,600 $
54,450 $
13,300 $
19,900 $ 6,850 $
5,700 $
14,500 $

92,320 1,191,650
67,614 870,040 39,798
63,302 22,728 490,080 68,185 24,177 45,580
489,111
340,254
61,254 31,216
21,824
202,995

10,500 43,500

33,163 106,657

7,500 1,080,225

124,319 7,538,903 $1,465,035
. . $826,001 . $138,070

TUESDAY, FEBRUARY 21, 1989

Travel ................................................ Motor Vehicle Purchases................................ Equipment ............................................ Computer Charges ..................................... Real Estate Rentals .................................... Telecommunications .................................... Per Diem, Fees and Contracts ........................... Total Funds Budgeted.................................. State Funds Budgeted ..................................
Real Estate Commission Functional Budget

Real Estate Commission

State Funds 1,465,035

Section 35. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee Soil and Water Conservation Budget: Personal Services................................. Regular Operating Expenses. ...................... Travel .......................................... Motor Vehicle Purchases.......................... Equipment ...................................... Computer Charges ............................... Real Estate Rentals .............................. Telecommunications .............................. Per Diem, Fees and Contracts ..................... County Conservation Grants ...................... Total Funds Budgeted ............................ State Funds Budgeted ............................

Section 36. Student Finance Commission. Budget Unit: Student Finance Commission ........... Administration Budget: Personal Services. ................................ Regular Operating Expenses....................... Travel .......................................... Motor Vehicle Purchases.......................... Equipment ...................................... Computer Charges ............................... Telecommunications .............................. Per Diem, Fees and Contracts ..................... Payment of Interest and Fees ..................... Guaranteed Educational Loans .................... Tuition Equalization Grants....................... Student Incentive Grants ......................... Law Enforcement Personnel Dependents' Grants ............................ North Georgia College ROTC Grants.................................. Osteopathic Medical Loans........................ Georgia Military Scholarship Grants ........................................ Paul Douglas Teacher Scholarship Loans .............................. Total Funds Budgeted............................ State Funds Budgeted ............................

1011
. $12,000 .. $17,000 . . $10,510 . . $286,354 . . . $57,300 . . $16,800 . $101,000 $1,465,035 $1,465,035
Cost of Operations
1,505,035
$1,610,570
. . . $755,420 . . $134,236 . $49,000 .... $--0-- . . . . $12,400 ..... $7,750 . . . . $44,276 . . . . $15,360 . . . $125,732
$466,396 . $1,610,570
$1,610,570
$19,433,282
$3,683,982 . . $355,435 ... $57,000 ... $--0-- .... $19,395
$392,701 . . . $125,554 ... $18,000 . . . $307,500
$3,817,200 $12,777,540 . $5,076,500
. $40,000
. $112,000 $200,000
. . $344,000
. . $550,000 $27,876,807 $19,433,282

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Georgia Student Finance Commission Functional Budgets

Total Funds

Internal Administration

$ 4,652,067

Higher Education Assistance Corporation

$

307,500

Georgia Student Finance Authority

$ 22,917,240

Total

$ 27,876,807

Section 37. Teachers' Retirement System. Budget Unit: Teachers' Retirement System Departmental Operations Budget: Personal Services....................................... Regular Operating Expenses............................. Travel ................................................ Equipment ............................................ Computer Charges ..................................... Real Estate Rentals .................................... Telecommunications .................................... Per Diem, Fees and Contracts ...........................
Cost-of-Living Increases for Local Retirement System Members ..........................
Floor Fund for Local Retirement Systems ..................................
Post Retirement Benefit Increases for Retirees .................................
Total Funds Budgeted .................................. State Funds Budgeted ..................................

Section 38. Department of Technical and Adult Education. Budget Unit: Department of Technical and Adult Education . Department of Technical and Adult Education Budget: Personal Services. ...................................... Regular Operating Expenses............................. Travel ................................................ Motor Vehicle Purchases................................ Equipment ............................................ Computer Charges ..................................... Real Estate Rentals .................................... Telecommunications .................................... Per Diem, Fees and Contracts ........................... Personal Services--Institutions .......................... Operating Expenses--Institutions ........................ Capital Outlay ........................................ Quick Start Program ................................... Area School Program ................................... Regents Program ....................................... Adult Literacy Grants .................................. Total Funds Budgeted .................................. State Funds Budgeted ..................................

Institutions Functional Budgets

Administration Institutional Programs Total

Total Funds 5,755,413
117,168,589 122,924,002

State Funds
160,000
19,273,282 19,433,282
$3,325,000
$2,510,686 . . $243,000 . . . $25,500
. $13,850 . $924,638 . . $302,500
. $85,000 . $300,000
$2,425,000
$900,000
. . . $-0$7,730,174 $3,325,000
$108,378,049
.. $3,271,872 . $318,568
. $105,000 ..... $--0-- ... $25,100
. $119,684 . $376,180 . . . . . $67,991 .. $1,471,018 . $62,908,040 $9,552,749 ... $--0-- $4,945,908 . $31,486,349 . . $2,621,863 .. $5,653,680 $122,924,002 $108,378,049
State Funds 3,823,322
104,554,727 108,378,049

TUESDAY, FEBRUARY 21, 1989

1013

Section 39. Department of Transportation.

Budget Unit: Department of Transportation ................ ........ $473,639,981

For Public Roads and Bridges, for Grants to Counties for Road Construction

and Maintenance, and for other transportation activities.

Departmental Operations Budget:

Personal Services.......................................

$201,992,382

Regular Operating Expenses

. $50,327,324

Travel ................................................

. . $1,726,750

Motor Vehicle Purchases................................

. $1,008,600

Equipment ............................................

.. $4,361,648

Computer Charges .....................................

. . $2,048,045

Real Estate Rentals ....................................

$1,292,155

Telecommunications ....................................

.. $1,914,586

Per Diem, Fees and Contracts ...........................

. . $8,345,601

Capital Outlay .........................................

$460,031,518

Grants to Counties .....................................

. . $9,317,013

Grants to Municipalities ................................

. $9,317,000

Capital Outlay--Airport Approach Aid

and Operational Improvements ........................

. $1,285,000

Capital Outlay--Airport Development....................

. $1,270,000

Mass Transit Grants ...................................

. $10,617,972

Savannah Harbor Maintenance Payments

$1,240,000

Spoilage Area Acquisition, Clearing,

Preparation and Dike Reconstruction

. . $1,575,000

G.O. Debt Sinking Fund ................................

$31,000,000

Total Funds Budgeted ..................................

$798,670,594

State Funds Budgeted ..................................

$473,639,981

Department of Transportation Functional Budgets

Motor Fuel Tax Budget
Planning and Construction Maintenance and Betterments Facilities and Equipment Assistance to Counties Administration Total General Funds Budget Grants to Municipalities Paving at State and
Local Schools and State Institutions Air Transportation Inter-Modal Transfer Facilities Harbor Maintenance Activities Maintenance and Betterments Total

Total Funds $ 513,967,980 $ 210,315,522 $ 5,980,771 $ 9,317,013 $ 18,961,039 $ 758,542,325
Total Funds $ 9,317,000

State Funds

221,388,676

198,120,826

$ 5,305,771

$ 9,317,013

$ 18,631,039

$ 452,763,325

State Funds

$

317,000

$

750,000 $

$ 1,499,044 $

750,000 999,044

$ 15,467,225 $ 5,715,612

$ 2,815,000 $ 2,815,000 $ 10,280,000 $ 10,280,000 $ 40,128,269 $ 20,876,656

Section 40. Department of Veterans Services. Budget Unit: Department of Veterans Service

$17,342,602

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Departmental Operations Budget: Personal Services. ................................................ $4,376,930 Regular Operating Expenses......................................... $105,096 Travel ............................................................. $89,000 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $90,300 Computer Charges ................................................... $4,142 Real Estate Rentals ................................................ $218,397 Telecommunications ................................................. $58,500 Per Diem, Fees and Contracts ........................................ $45,400 Capital Outlay ...................................................... $--0-- Operating Expense/Payments to Central State Hospital......................................... $10,444,943 Operating Expense/Payments to Medical College of Georgia ...................................... $5,396,062 Regular Operating Expenses for Projects and Insurance ........................................ $118,000 Total Funds Budgeted ........................................... $20,946,770 State Funds Budgeted ........................................... $17,342,602

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance

$ 4,912,765 $ 4,682,128

Veterans Home and Nursing Facility--Milledgeville

$ 10,558,943 $ 8,435,912

Veterans Nursing Home--Augusta

$ 5,475,062 $ 4,224,562

Total

$ 20,946,770 $ 17,342,602

Section 41. Workers' Compensation Board. Budget Unit: Workers' Compensation Board.......................... $7,481,358 Operations Budget: Personal Services................................................. $5,907,878 Regular Operating Expenses......................................... $258,241 Travel ............................................................. $62,000 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $43,142 Computer Charges ................................................. $418,357 Real Estate Rentals ................................................ $593,985 Telecommunications ................................................. $95,700 Per Diem, Fees and Contracts ....................................... $152,055 Total Funds Budgeted ............................................ $7,531,358 State Funds Budgeted ............................................ $7,481,358

Section 42. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) ......................................... $269,814,322
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) ........................................... $16,428,100
Section 43. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (deci sions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required

TUESDAY, FEBRUARY 21, 1989

1015

by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.
Section 44. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employ ees of the Court.
Section 45. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to at tend the Judicial College.
Section 46. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.
Section 47. Provisions Relative to Section 7, Institute of Continuing Judicial Educa tion. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 48. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Re porting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 49. Provisions Relative to Section 10, Department of Administrative Services. The Department of Administrative Services is authorized to issue a request for proposal for the acquisition of a new mainframe computer; and, to conduct benchmark tests on the com puters proposed by vendors which meet specifications. No purchase shall be made until funds are appropriated.
Section 50. Provisions Relative to Section 14, Department of Corrections. From the Appropriations in Section 14, the Department of Corrections is authorized to hire three (3) additional positions at each of two existing Probation Detention Centers and 48 positions at each other Probation Detention Center.
From the Appropriations in Section 14, the Department of Corrections is authorized to hire five (5) additional positions in Food and Farm Operations.
The Georgia Correctional Industries Authority is authorized to construct a central office and warehouse.
The General Assembly hereby approves and ratifies capital outlay expenditures by Georgia Correctional Industries Administration for the pending construction of the ware house facility in DeKalb County, Georgia, [in an amount not to exceed $1,700,000].
Section 51. Provisions Relative to Section 16, State Board of Education--Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,419.59. In addition, all local school system allotments for Quality Basic Edu cation shall be made in accordance with funds appropriated by this Act.

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From the Appropriations in Section 16, funds are designated and committed for the purpose of Special Education Low-Incidence Grants to finance the direct instructional costs for low-incidence programs which are not covered by the QBE formula. The total of such grants will be determined under Board of Education policy IDDF and may not exceed $500,000 for FY 1989.

From the Appropriations in Section 16, funds in the amount of up to $452,000 are set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Edu cation. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision.

Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruc tion in language arts, mathematics, science and social studies, which provided such common preparation time during the immediately preceding school year, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.

Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SFY 1989 on the basis of oneeighteenth of the total appropriation for each Area Planning and Development area served, subject to the provisions that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and has the commitments of each anticipated mem ber system to contribute at least the same equivalent amount during SFY 1989 that it con tributed during SFY 1988.

Provided, however, that professional development funds may be used to provide study grants directly to individuals, to provide for courses and to provide for the administration and development of testing.

Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program.

Section 52. Provisions Relative to Section 21, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Depen dent Children benefit payments utilizing a factor of 71.75% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of appli cation; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need
$ 208 315 376 444 508 551 596 633 666 713 763

Maximum
Monthly Amount
$ 149 226 270 319 364 395 428 454 478 512 547

It is the intent of this General Assembly to maintain, as a minimum, the same level of

TUESDAY, FEBRUARY 21, 1989

1017

direct treatment staff in the extended care and forensic programs of the MH-MR-SA insti tutions for fiscal year 1989 that was authorized in fiscal year 1987.
Section 53. Provisions Relative to Section 27, Merit System of Personnel Administra tion. The Department is authorized to assess no more than $153.75 per merit system budg eted position for the cost of departmental operations.
For the purpose of increasing the employer contribution to the state employees health insurance fund from existing appropriations, there is hereby appropriated from each ex isting object class appropriation, from which such contributions have been funded, an amount equal to 125 percent of the employer contribution actually paid from such object class for the first quarter of Fiscal Year 1988-1989, and to the extent not so committed by rate increase, to remain appropriated for the general purposes of the object class.
Section 54. Provisions Relative to Section 28, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 28 (De partment of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 28.
From the appropriation in Section 28 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 28, the Department of Natural Resources is authorized to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites Facilities.
Provided that of the $275,000 appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Area Planning and Development Com missions which employ Preservation Planners as of July, 1988.
Section 55. Provisions Relative to Section 32, Board of Regents, University System of Georgia. The Board of Regents is authorized to transfer other object class surpluses to Capi tal Outlay and Equipment Purchases without approval of the Office of Planning and Budget or the Fiscal Affairs Subcommittees.
Section 56. Provisions Relative to Section 29, Department of Public Safety. The Police Academy is to expend funds for the purposes of the Coroner's Training Courses.
Section 57. Provisions Relative to Section 33, Department of Revenue. From the ap propriation in Section 33 (Department of Revenue) relating to motor vehicle tag and decal purchases the department is authorized to use available funds for the purchase of either 1983 or 1990 motor vehicle tags.
Section 58. Provisions Relative to Section 38, Department of Technical and Adult Ed ucation. None of the State funds appropriated in Section 38 may be used for the purpose of planning, designing, constructing, or renovating an area vocational-technical school unless said school agrees to be governed by the State Board of Postsecondary Vocational Education.
Section 59. Provisions Relative to Section 39, Department of Transportation. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary au thorization for letting and execution of Interstate Highway Contracts not to exceed the

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JOURNAL OF THE SENATE

amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less re funds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 39 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and up grade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
Section 60. In addition to all other appropriations for the State fiscal year ending June 30, 1989, there is hereby appropriated $3,450,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; there is hereby appropriated $7,420,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/mental retarda tion institutions ($7,300,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the opera tion of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the anticipated departmental annual remittances to the Fiscal Division of the Department of Administra tive Services from agency fund collections.
Section 61. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 62. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 63. Each and every agency, board, commission, and authority receiving appro priations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provi sions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular

TUESDAY, FEBRUARY 21, 1989

1019

use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict com pliance with the intent of this General Assembly.
Section 64. To the extent to which Federal funds become available in amounts in ex cess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the in stances of noncompliance with the stated intent of this Section.
Section 65. Each agency for which an appropriation is authorized herein shall main tain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 66. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 67. No State funds in this appropriation shall be paid to or on behalf of Geor gia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommuni cations Network either directly or indirectly.
Section 68. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or ap propriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the depart ment, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 69. (a). All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained in the Budget Report submitted to the General Assembly at the 1988 Regular Session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be trans ferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior ap proval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropria-

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tions Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, com mission, institution or other agency of this State are in violation of this Section or in viola tion of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each com mon object class are authorized. However, the total expenditure for the group may not ex ceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administra tion of the annual operating budget.
Section 70. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing such term shall apply to the total expenditures within the Budget Unit or combina tion of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior ap proval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Func tional Budget or the House Functional Budget.
Section 71. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 72. Provisions Relative to Section 42 State of Georgia General Obligation Debt Sinking Fund. With regard to the appropriations in Section 42 for "State of Georgia General Obligation Debt Sinking Fund (New)", the maximum maturities, user agencies and user authorities, purposes, maximum principle amounts and appropriations of highest an nual debt service requirements of the new debt are specified as follows:
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $5,016,000 is specifically appropriated for the purpose of financing mainframe computers for the Department of Administrative Services, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $20,900,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,523,600 is specifically appropriated for the purpose of financing equipment and furnishings for the newly constructed buildings of the Depart ment of Technical and Adult Education at North Metro, Altamaha, Moultrie, and Swainsboro Technical Institutes, by means of the acquisition, construction, development, exten sion, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,515,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $199,200 is specifically appropriated for the purpose

TUESDAY, FEBRUARY 21, 1989

1021

of financing equipment for the new laundry facility of the Department of Human Resources at Gracewood State School and Hospital, by means of the acquisition, construction, develop ment, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $830,000 in principal amount of General Obli gation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,346,300 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education, to wit: unfunded capital outlay for incentive advanced funding for local school systems, through the issuance of not more than $21,330,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $660,000 is specifically appropriated for the purpose of financing a facility at the Georgia Institute of Technology of the Board of Regents of the University System of Georgia, which may be used in conjunction with research in paper chemistry and paper technology, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equip ment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $220,000 is specifically appropriated for the purpose of financing rock and dirt removal related to construction at the Georgia Training and De velopment Center of the Department of Corrections at Buford, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $198,000 is specifically appropriated for the purpose of financing construction of a new prison in Hancock County, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $121,000 is specifically appropriated for the purpose of financing the purchase of a facility to become the new Atlanta Advancement Center of the Department of Corrections, by means of the acquisition, construction, development, ex tension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $216,000 is specifically appropriated for the purpose of financing computer and computer related equipment for the Department of Revenue, by means of the acquisition, construction, development, extension, enlargement, and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $900,000 in principal amount of General Obligation Debt.

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Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $429,000 is specifically appropriated for the purpose of financing a shock incarceration unit in Treutlen County for the Department of Correc
tions, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than
$3,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $99,000 is specifically appropriated for the purpose of financing warehouse facilities for the Department of Corrections at Middle Georgia Correc tional Institute, by means of the acquisition, construction, development, extension, enlarge ment, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $4,400,000 is specifically appropriated for the purpose of financing penal and correctional facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $40,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of 240 months.

Section 73. Delayed Hiring Factor by Department.

Dept. of Agriculture Dept. of Corrections "A"

$

64,112

$ 4,682,525

Dept. of Corrections "B" Dept. of Defense

$

77,635

$

5,000

Dept. of Human Resources "A" Dept. of Human Resources "B"

$ 3,726,020 $ 4,310,300

Georgia Insurance Comm. Merit System of Pers. Admin. Dept. of Natural Resources

$

800

$

4,456

$

347,031

Dept. of Public Safety "A" Dept. of Public Safety "B"

$

268,000

$

158,000

Public Service Commission

$

3,077

Secretary of State

$

20,569

Dept. of Veterans Services Workers' Compensation Board

$

3,706

$

40,220

Section 74. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1989 .......................................... $6,399,179,662

Section 75. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 76. All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

TUESDAY, FEBRUARY-21, 1989

1023

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Starr of the 44th moved that the Senate adopt the Conference Committee re port on HB 118.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Burton Clay
Cl?man Collms Coverdell Dawkins Deal
Dean Echols Edge English Fincher Foster

Fuller Garner Gillis Hammill Harris Howard
Hfgins Johnson Kennedy Kidd Land
Langford McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 36th Shumake
S_ tarr , , Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Bowen

Brannon Broun

Engram Scott of 2nd

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 118.

The following general resolutions of the Senate and bills of the House, favorably re ported by the committees, were read the third time and put upon their passage:

SR 58. By Senators Johnson of the 47th, Peevy of the 48th, Howard of the 42nd and Edge of the 28th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment, jurisdiction, operation, and financing of investigative grand juries and trial juries in the judi cial circuits; to provide for procedures and other matters related thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section II of the Constitution is amended by adding at the end thereof a new Paragraph IX to read as follows:
"Paragraph IX. Special trial districts. The Supreme Court may designate special trial districts upon the petition of the Attorney General or an affected district attorney. A special trial district shall include all counties within a multicounty judicial circuit or a single-county judicial circuit when joined, by order of the court, with a contiguous circuit. The Supreme Court may provide for the impaneling of special investigative grand juries and trial juries which shall be drawn from and have jurisdiction throughout the special trial district. The

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JOURNAL OF THE SENATE

General Assembly shall provide by law for the operation and financing of the investigative grand juries and trial juries."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide for the establishment, jurisdiction, operation, and financing of investigative grand juries and other matters relative thereto in the judicial circuits?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The Senate Committee on Judiciary offered the following substitute to SR 58:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment, jurisdiction, operation, and financing of investigative grand juries and trial juries in the judi cial circuits; to provide for procedures and other matters related thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VI, Section II of the Constitution is amended by adding at the end thereof a new Paragraph IX to read as follows:

"Paragraph IX. Special trial districts. The Supreme Court may designate, on a case-bycase basis, special trial districts upon the petition of the Attorney General or an affected district attorney for purposes of the investigation and prosecution of criminal offenses which include any offenses against public administration, offenses involving controlled substances, or offenses involving racketeer influenced and corrupt organizations. A special trial district shall include all counties within a multicounty judicial circuit or a single-county judicial circuit when joined, by order of the court, with a contiguous circuit. The Supreme Court may provide for the impaneling of special investigative grand juries and trial juries which shall be drawn from and have jurisdiction throughout the special trial district. The General Assembly shall provide by law for the operation and financing of the investigative grand juries and trial juries."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide for the establishment, jurisdiction, operation, and financing of investigative grand juries and other matters relative thereto in the judicial circuits?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos.."" All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

TUESDAY, FEBRUARY 21, 1989

1025

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bowen Broun Burton Clay CCoollleimnsan
Coverdell Dawkins Dean
Echols Edge English Fincher

Foster Fuller Garner Gillis Hammill Harris Howard JMouhgngsionns
Kennedy Kidd Land
Langford McKenzie Newbill Olmstead

Parker Perry Phillips Pollard Ragan of I0th Ragan of 32nd R c?co.t.t ocf 3,,6,.t,h
btarr Stumbaugh Tate
Taylor Turner Tysinger Walker

Those not voting were Senators:

Albert Barnes Brannon

Deal Engram Peevy

Scott of 2nd Shumake Timmons

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

SR 142. By Senators Coleman of the 1st, Kennedy of the 4th, Scott of the 2nd and Allgood of the 22nd:
A resolution urging the United States Congress to remove federal transportation trust funds from the federal budget.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Burton

Clay Coleman Collins Coverdell

Dawkins Deal Dean Echols

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JOURNAL OF THE SENATE

Edge English Fincher Foster Garner Gillis Hammill Harris Howard Huggins

Johnson Kidd Land Langford Newbill Olmstead Parker Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger

Those not voting were Senators:

Albert
Barnes Bowen Brannon Broun

Engram
Fuller Kennedy (presiding) McKenzie Peevy

Scott of 2nd Shumake
Taylor Walker

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 473. By Representatives Cheeks of the 89th, Godbee of the 110th, Harris of the 84th and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, so as to change the length restrictions relative to certain vehicles.
Senate Sponsor: Senator Coleman of the 1st.

The Senate Committee on Transportation offered the following substitute to HB 473:

A BILL
To be entitled an Act to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, so as to change the length restrictions relative to certain vehicles; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, is amended by striking paragraphs (3) and (4) of subsection (b) of said Code section in their entirety and inserting in lieu thereof new paragraphs (3) and (4) to read as follows:
"(3) Vehicles transporting motor vehicles (commonly known as automobile carriers) shall not exceed 65 feet in length and shall not carry a load exceeding 65 feet in length. However, subsection (a) of this Code section, which provides that no trailer shall exceed 48 feet in length, shall not apply to automobile carriers.
(4) Vehicles transporting live poultry shall not exceed 65 feet in length and shall not carry a load exceeding 65 feet in length. However, subsection (a) of this Code section, which provides that no trailer shall exceed 48 feet in length, shall not apply to vehicles hauling live poultry."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

TUESDAY, FEBRUARY 21, 1989

1027

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker
Bowen roun Sf" r ,?. Coverdell
Dawkins rjeal Dean Echols Edge English

Foster Garner Gillis
Hammill Harris Muggins Johnson Kidd
Land Langford McKenzie Newbill Olmstead Parker

Perry Phillips Pollard
Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th
Starr Stumbaugh Tate Timmons Turner Tysinger

Those not voting were Senators:

Albert ^Bararnnenson Coleman Engram

Fincher Fuller Howard Kennedy (presiding)

Peevy Shumake Taylor Walker

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 499. By Representatives Foster of the 6th, Colwell of the 4th, Twiggs of the 4th, Mur phy of the 18th and others:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to provide that over crowding of the prison system may create an emergency requiring additional cor rectional facilities either of a permanent type of construction or of a temporary or movable type.
Senate Sponsor: Senator Garner of the 30th.

The Senate Committee on Corrections offered the following substitute to HB 499:

A BILL
To be entitled an Act to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to provide that over crowding of the prison system may create an emergency requiring additional correctional facilities either of a permanent type of construction or of a temporary or movable type; to provide that with the approval of the Governor certain provisions of law may be waived to facilitate the rapid construction or procurement of facilities for inmates; to provide for cer tain reports; to provide an effective date; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, is amended by adding immediately following Code Section 42-2-13 a new Code Section 42-2-14 to read to follows:
"42-2-14. The Governor, upon certification by the commissioner of corrections and ap proval by the director of the Office of Planning and Budget that the population of the prison system of the State of Georgia has exceeded the capacity of the prison system for any period of 90 consecutive days, beginning at any time after December 31, 1988, may declare a state of emergency with regard to jail and prison overcrowding. Upon the declaration of such emergency, the department may establish additional facilities for use by the depart ment, such facilities to be either of a permanent type of construction or of a temporary or movable type as the department may find most advantageous to the particular needs, to the end that the inmates under its supervision may be so distributed throughout the state as to facilitate individualization of treatment designed to prepare them for lawful living in the community where they are most likely to reside after their release from a correctional facil ity. For this purpose, the department may purchase or lease sites and suitable lands and erect necessary buildings thereon or purchase or lease existing facilities, all within the limits of appropriations as approved by the General Assembly. With the approval of the Governor, provisions, other than bonding requirements, of Chapter 3 of this title, known as the 'Geor gia Building Authority (Penal) Act,' provisions of Chapter 5 of Title 50, relating to the Department of Administrative Services, or provisions of Chapter 22 of Title 50, relating to managerial control over acquisition of professional services, may be waived by the depart ment to facilitate the rapid construction or procurement of facilities for inmates. During any year in which correctional facilities are constructed or procured under this Code section and any requirements are waived, the department shall furnish the Governor and the General Assembly with a detailed report specifying the facilities constructed or procured, the re quirements waived, and the reasons therefor."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Broun Burton Clay Collins Coverdell Dawkins Deal Dean Edge English Fincher

Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

Parker Perry Phillips Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger Walker

TUESDAY, FEBRUARY 21, 1989

1029

Those not voting were Senators:

Barker Barnes Brannon Coleman

Echols Engram Kennedy (presiding) Peevy

Ragan of 10th Shumake Taylor

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Garner of the 30th moved that HB 499 be immediately transmitted to the House.

On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 499 was imme diately transmitted to the House.

HB 351. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain qualifying petitions, nomination petitions, and petitions to qualify political bodies to nominate certain candidates by con vention shall consist of cards each of which shall contain only one signature.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Broun Burton Clay Collins Coverdell Dawkins Deal Dean Echols English Fincher

Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Olmstead Parker Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Walker

Those not voting were Senators:

Barker Barnes Brannon Coleman

Edge Engram Garner Kennedy (presiding)

Newbill Peevy Shumake Tysinger

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 492. By Representatives Benn of the 38th, Jackson of the 9th, Cummings of the 17th and others:
A bill to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars, so as to provide for the removal of other personal property from private real property; to provide for posting of no tice; to provide for maximum removal and storage fees; to provide for a lien for such fees.
Senate Sponsor: Senator Tate of the 38th.
The Senate Committee on Special Judiciary offered the following substitute to HB 492:
A BILL
To be entitled an Act to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars, so as to provide for the removal of other personal property from private real property; to provide for posting of notice; to provide for maximum removal and storage fees; to provide for a lien for such fees; to pro vide for the removal of vehicles or personal property from private real property and vacant lots in municipalities with populations of 100,000 or more; to provide for a civil cause of action for persons injured by reason of violation of this Act; to provide for damages and penalties; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars, is amended by striking said Code section which reads as follows:
"44-1-13. Any person entitled to the possession of any parcel or space of real property shall have the right to remove or cause to be removed from the property any vehicle which is parked thereon and which is not authorized to be parked at the place where it is found and to store or cause to be stored such vehicle at the expense of its owner, provided that there shall have been conspicuously posted on the real property notice that any vehicle parked thereon which is not authorized to be parked at the place where it is found may be removed at the expense of the owner of the vehicle along with information as to where the vehicle can be recovered. The person removing and storing the vehicle shall have a lien against it for the expenses of the removal and storage. The lien may be asserted and en forced and shall be entitled to the same priorities as those of special liens on personalty authorized by Code Section 44-14-363. Provided, however, that in all municipalities, except a consolidated city-county government, having a population of 100,000 or more according to the United States decennial census of 1970 or any future such census and whenever such parcel or space of real property is devoted to any use other than as an off-street interior parking facility which contains assigned parking spaces reserved for occupants of a building or structure served by such facility or occupied residential property, such removal right shall not be exercised after the regular activity on such property is concluded for the day unless access to such property from public ways is blocked by a sturdy chain, cable, or rope stretched at least 18 inches above grade across all driveways or other ways providing access thereto or if there is conspicuously posted at the entrance on such real property notice that any vehicle parked thereon which is not authorized to be parked on such property may be removed at the expense of the owner of the vehicle along with information as to where the vehicle may be recovered and cost.",
in its entirety and inserting in lieu thereof a new Code Section 44-1-13 to read as follows:
"44-1-13. (a) Any person entitled to the possession of any parcel or space of private real

TUESDAY, FEBRUARY 21, 1989

1031

property shall have the right to remove or cause to be removed from the property any vehi cle or trespassing personal property thereon which is not authorized to be at the place where it is found and to store or cause to be stored such vehicle or trespassing personal property, provided that there shall have been conspicuously posted on the private real property notice that any vehicle or trespassing personal property which is not authorized to be at the place where it is found may be removed at the expense of the owner of the vehicle or trespassing personal property along with information as to where the vehicle or trespassing personal property can be recovered; provided, however, that the owner of private residential property containing not more than four residential units shall not be required to comply with the posting requirements of this subsection.
(b) Only towing and storage firms issued permits by the Public Service Commission pursuant to Title 46 of the Official Code of Georgia Annotated, licensed by the local gov erning authority of the jurisdiction in which they operate, and having a secure impound ment lot shall be permitted to remove vehicles and trespassing personal property from pri vate real property at the request of a person in possession of such private real property made pursuant to subsection (a) of this Code section. The person or firm removing and storing any such vehicle or trespassing personal property shall have a lien against it for the expenses of the removal and storage. The lien may be asserted and enforced and shall be entitled to the same priorities as those of special liens on personalty authorized by Code Section 44-14-363.
(c) In all municipalities, except a consolidated city-county government, having a popu lation of 100,000 or more according to the United States decennial census of 1970 or any future such census a person entitled to the possession of an off-street parking area or vacant lot within an area zoned commercial by the municipality shall have the right to remove any vehicle or trespassing personal property parked thereon after the regular activity on such property is concluded for the day only if access to such property from the public way is blocked by a sturdy chain, cable, or rope stretched at least 18 inches above grade across all driveways or other ways providing access to the off-street parking area or vacant lot and there is conspicuously posted in the area a notice, the location of which must be approved by the municipality's police department, that any vehicle or trespassing personal property parked thereon which is not authorized to be in such area may be removed at the expense of the owner along with information as to where the vehicle or trespassing personal property may be recovered, the cost of said recovery, and information regarding the form of payment.
(d) The governing authority of each municipality having towing and storage firms oper ating within its territorial boundaries may issue a license to engage in private trespass tow ing pursuant to this Code section to any firm meeting the qualifications imposed by said governing authority. The fee for the license shall be set by such governing authority. The maximum reasonable costs of removal, relocation, and storage pursuant to the provisions of this Code section shall be compensatory, as such term is used in the public utility ratemaking procedures, and shall be established annually by the governing authority of each municipality having towing and storage firms operating within its territorial boundaries; provided, however, that no storage fees shall be charged for the first 24 hour period running from the time the vehicle is removed from the property and no such fees shall be allowed for the removal and storage of vehicles in violation of this Code section.
(e) Any person who suffers injury or damages as a result of a violation of this Code section may bring an action in any court of competent jurisdiction for actual damages, which shall be presumed to be not less than $100.00, together with court costs. A court shall award three times actual damages for an intentional violation of this Code section.
(f) It shall be unlawful and punishable by a fine of $1,000.00 for any towing and storage firm, permitted or unpermitted, licensed or unlicensed, to enter into any agreement with any person in possession of private real property to provide automatic or systematic surveil lance of such property for purposes of removal and relocation of any such vehicle or tres passing personal property except upon call by such person in possession of such private real property to such towing and storage firm for each individual case of trespass; provided,

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further, that it shall be unlawful and punishable by a fine of $1,000.00 for any towing and storage firm to pay to any private real property owner or one in possession of private real property any fee or emolument, directly or indirectly, for the right to remove a vehicle or trespassing personal property from said private real property."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Broun

Fuller Garner Gillis Hammill
Harris

Clay Coleman Collins
Coverdell Deal Edge English Fincher Foster

Huggms Johnson Kidd
Land McKenzie Olmstead Parker Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Rav
Scott of 2nd Sgtcaortrt of 36th ,,, , , Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes Bowen Brannon Dawkins

Dean Echols Engram Kennedy (presiding)

Langford Newbill Peevy Shumake

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 407. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 20 of the Official Code of Georgia Annotated, relating to education, Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that candidates for certain offices shall file certain affidavits with or make certain affirmations to the officer before whom they qualified to seek office.
Senate Sponsor: Senator Kidd of the 25th.

TUESDAY, FEBRUARY 21, 1989

1033

The Senate Committee on Governmental Operations offered the following substitute to HB 407:
A BILL
To be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that candidates for the offices of clerk of the superior court, judge of the probate court, and sheriff shall file certain affidavits with or make certain affirmations to the officer before whom they qualified to seek office; to change certain provi sions relating to eligibility to hold the office of sheriff; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide that candidates for the office of county school superintendent shall file certain verifications with the officer before whom they qualified to seek office; to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require the attachment of certain affidavits to certain certifica tions by county executive committees of each political party; to change certain provisions with respect to eligibility to qualify for election to such office; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to pro vide that candidates for the office of coroner shall file certain affidavits with the officer before whom they qualified to seek office; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that candidates for the office of tax receiver, tax collector, or tax commissioner shall file certain affidavits with the officer before whom they qualified to seek office; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking paragraph (2) of subsection (b) of Code Section 15-6-50, relating to the term of office and qualifications of clerks of superior courts, and inserting in its place a new paragraph (2) to read as follows:
"(2) Each person offering his candidacy for the office of clerk of the superior court shall file an affidavit with the officer before whom such person has qualified to seek the office of clerk of the superior court prior to or at the time for qualifying, which affidavit shall affirm that he meets all of the qualifications required pursuant to paragraph (1) of this subsection."
Section 2. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 15-9-2, relating to eligibility to run for or hold the office of judge of the pro bate court, and inserting in its place a new paragraph (2) to read as follows:
"(2) Each person offering as a candidate for the office of judge of the probate court shall file an affidavit with the officer before whom such person has qualified to seek the office of judge of the probate court prior to or at the time of qualifying as a candidate. The affidavit shall affirm that the person meets all the qualifications required by subparagraphs (A), (C), (D), (E), and (F) of paragraph (1) of this subsection and either subparagraph (B) of para graph (1) of this subsection or subsection (c) of this Code section."
Section 3. Said title is further amended by striking subsection (c) of Code Section 1516-1, relating to qualifications of sheriffs, and inserting in its place a new subsection (c) to read as follows:
"(c) Qualifications.
(1) No person shall be eligible to hold the office of sheriff unless he:
(A) Is a citizen of the United States;
(B) Has been a resident of the county in which he seeks the office of sheriff for at least two years immediately preceding the date of the election for sheriff;
(C) Is a registered voter;
(D) Has attained the age of at least 25 years prior to the date of his qualifying for election to the office;

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(E) Has obtained a high school diploma or its recognized equivalent in educational training as established by the Georgia Peace Officer Standards and Training Council;
(F) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States; provided, however, that a conviction of homicide by vehicle which occurred prior to January 1, 1965, and which did not involve the offense of driving a motor vehicle under the influence of alcohol or drugs shall not be considered a conviction under this subparagraph if such convicted person has received a pardon for such offense;
(G) Is fingerprinted and a search made of local, state, and national fingerprint files to disclose any criminal record, which fingerprints are to be taken under the direction of the judge of the probate court and must be taken on or before, but no later than, the close of qualification for election to the office of sheriff;
(H) Gives a complete history of his places of residence for a period of six years immedi ately preceding his qualification date, giving the house number or RFD number, street, city, county, and state; and
(1) Gives a complete history of his places of employment for a period of six years imme diately preceding his qualification date, giving the period of time employed and the name and address of his employer.
(2) Each person offering his candidacy for the office of sheriff shall, within 60 days prior to or at the time he qualifies:
(A) File with the officer before whom such person has qualified to seek the office of sheriff a certified copy of his birth certificate and a certified copy of his high school diploma or certified proof of its recognized equivalent in education training as established by the Georgia Peace Officer Standards and Training Council; and
(B) Swear or affirm before the officer before whom such person has qualified to seek the office of sheriff that he has, meets, or will meet by the date of the election all of the qualifi cations required by this subsection and that he has complied with the requirements of subparagraph (G) of paragraph (1) of this subsection no later than the close of qualification for election to the office of sheriff."
Section 4. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking subsection (b) of Code Section 20-2-102, relating to qualifications of local school superintendents, and inserting in its place a new subsection (b) to read as follows:
"(b) To be eligible to qualify for election in the primary election or in the general elec tion, a candidate for election as county school superintendent shall present to the officer before whom such candidate has qualified to seek the office of county school superintendent verification from the State School Superintendent that the candidate meets the certification qualifications of this Code section."
Section 5. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-154, relating to certification of political party candi dates, and inserting in its place a new Code Section 21-2-154 to read as follows:
"21-2-154. At or before 12:00 Noon on the fifth day after the deadline for qualifying, the county executive committee of each political party shall certify to the superintendent and the state executive committee of each political party shall certify to the Secretary of State, on forms prescribed by the Secretary of State, all those candidates who have qualified with such committee for the succeeding general primary election. The county executive commit tee of each political party shall attach to its certification a copy of the affidavits required by paragraph (2) of subsection (b) of Code Section 15-6-50, paragraph (2) of subsection (a) of Code Section 15-9-2, subparagraph (c)(2)(A) of Code Section 15-16-1, subsection (b) of Code Section 20-2-102, paragraph (2) of subsection (b) of Code Section 45-16-1, and paragraph (2) of subsection (b) of Code Section 48-5-210. Such certification shall be accompanied by onehalf of the qualifying fees paid by such candidates as prescribed in Code Section 21-2-131.

TUESDAY, FEBRUARY 21, 1989

1035

Such certification shall not be accepted if the political party has not registered with the Secretary of State as required in Article 3 of this chapter."
Section 6. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking paragraph (2) of subsection (b) of Code Section 4516-1, relating to the election of coroners, and inserting in its place a new paragraph (2) to read as follows:
"(2) Each person offering his candidacy for the office of coroner shall file an affidavit with the officer before whom such person has qualified to seek the office of coroner prior to or at the time for qualifying, which affidavit shall affirm that he meets all of the qualifica tions required pursuant to paragraph (1) of this subsection."
Section 7. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraph (2) of subsection (b) of Code Section 48-5-210, relating to qualifications for office of tax receivers, tax collectors, and tax commissioners, and inserting in its place a new paragraph (2) to read as follows:
"(2) Each person offering as a candidate for the office of tax receiver, tax collector, or tax commissioner shall file an affidavit with the officer before whom such person has quali fied to seek the office of tax receiver, tax collector, or tax commissioner prior to or at the time of qualifying as a candidate. The affidavit shall affirm that the person meets all the qualifications required by paragraph (1) of this subsection."
Section 8. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen
Clay
Collins Coverdell Dawkins Deal Echols Edge English

Foster Fuller Gillis Hammill Harris 2oward
Sr
Land Langford McKenzie Newbill Olmstead Parker Perry

Phillips Pollard Ragan of 10th Ragan of 32nd j^ay Scott of 2nd
?COtt f36th
f,tarr late Taylor Timmons Turner Tysinger Walker

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Those not voting were Senators:

Barnes Brannon Coleman Dean

Engram Fincher Garner Johnson

Kennedy (presiding) Peevy Shumake Stumbaugh

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 408. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require certain write-in candidates to file a copy of the pub lished notice of intent of candidacy with certain election officials; to require cer tain municipal write-in candidates to file a copy of the published notice of intent of candidacy with certain municipal officials.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Broun Burton Clay Collins Coverdell Deal Dean Echols Edge English Fincher

Foster Fuller Garner Gillis Hammill Harris Howard Huggins Kidd Land Langford McKenzie Newbill Olms tead Parker

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes
Brannon Coleman Dawkins

Engram Johnson Kennedy (presiding)

Peevy Shumake Stumbaugh

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 21, 1989

1037

HB 430. By Representative Twiggs of the 4th:
A bill to amend Chapter 6A of Title 35 of the Official Code of Georgia Anno tated, relating to the Criminal Justice Coordinating Council, so as to change the membership of the council; to provide for initial and regular terms of office.
Senate Sponsor: Senator Parker of the 15th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Broun Burton Clay Collins Coverdell Deal Dean Echols Edge

English Fincher Fuller Gillis Hammill Howard Huggins Johnson Kidd Land Langford McKenzie Olmstead Parker

Perry Phillips Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Starr Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Barnes Brannon Coleman Dawkins Engram

Foster Garner Harris Kennedy (presiding) Newbill

Peevy Ragan of 32nd Shumake Stumbaugh Timmons

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 32. By Representative Isakson of the 21st:
A bill to amend Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public administration, so as to provide that the giving of a false date of birth to a law enforcement officer with the intent to mislead such officer shall be a misdemeanor.
Senate Sponsor: Senator Edge of the 28th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin

Barker Bowen

Broun Burton

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Clay Collins Coverdell Deal
Eceh*onl. s Edge English Fincher Foster Garner Hammill

Harris Howard Huggins Johnson
KLaidn<dJ McKenzie Newbill Olmstead Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th
Taylor Turner Tysinger Walker

Voting in the negative was Senator Fuller.

Those not voting were Senators:

Albert
Barnes Brannon Coleman
Dawkins

Engram
Gillis Kennedy (presiding) Langford
Parker

Peevy Shumake
Stumbaugh Timmons

On the passage of the bill, the yeas were 41, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 238. By Representative Holmes of the 28th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, the "Georgia Peace Officer Standards and Training Act," so as to change the definition of peace officer and retired peace officer.
Senate Sponsor: Senator Tate of the 38th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bowen Broun
Burton Clay Collins Coverdell Deal Dean Echols Edge English Foster

Fuller Garner Gillis Hammill Harris
Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker

Perry Phillips Pollard Ragan of 10th Ragan of 32nd
Ray Scott of 2nd Scott of 36th Starr Tate Taylor Timmons Turner Tysinger Walker

TUESDAY, FEBRUARY 21, 1989

1039

Those not voting were Senators:

Albert Barnes Brannon Coleman

Dawkins Engram Fincher Kennedy (presiding)

Peevy Shumake Stumbaugh

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 94. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Code Section 42-8-34.1 of the Official Code of Georgia Anno tated, relating to requirements for the revocation of probated or suspended sentences, so as to authorize the court to consider the service of sentences pursu ant to probation revocation in alternatives to include community service, inten sive probation, diversion centers, probation detention centers, special alternative incarceration.
Senate Sponsor: Senator Garner of the 30th.

Senator Broun of the 46th moved that HB 94 be placed on the Table.

On the motion, Senator Broun of the 46th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Broun Burton Dawkins Deal Echols English Fincher Foster

Fuller Gillis Hammill Howard Huggins Johnson Langford McKenzie Parker Perry

Pollard Ray Scott of 2nd Scott of 36th Starr Tate Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Barker Clay Collins Coverdell Edge

Garner Harris Kidd Land Newbill

Phillips Ragan of 10th Ragan of 32nd Taylor

Those not voting were Senators:

Albert Barnes Bowen Brannon

Coleman Dean Engram Kennedy (presiding)

Olmstead Peevy Shumake Stumbaugh

On the motion, the yeas were 30, nays 14; the motion prevailed, and HB 94 was placed on the Table.

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The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 757. By Representatives Porter of the 119th, Townsend of the 24th, Kilgore of the 42nd and Birdsong of the 104th:
A bill to amend Code Section 32-6-111 of the Official Code of Georgia Annotated, relating to the establishment and maintenance of limited-access roads, so as to provide that the consent of a municipality is not necessary for certain limitedaccess roads which are constructed in whole or as a part of a tollway project.
The following bill of the House was read the first time and referred to committee:
HB 757. By Representatives Porter of the 119th, Townsend of the 24th, Kilgore of the 42nd and Birdsong of the 104th: A bill to amend Code Section 32-6-111 of the Official Code of Georgia Annotated, relating to the establishment and maintenance of limited-access roads, so as to provide that the consent of a municipality is not necessary for certain limitedaccess roads which are constructed in whole or as a part of a tollway project.
Referred to Committee on Transportation.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 53. By Representatives Foster of the 6th, Colwell of the 4th, Harris of the 84th and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length limitations for vehicles and loads, so as to increase the maxi mum overall length of vehicles and semitrailers authorized; to provide limita tions; to provide a definition; to provide that the semitrailer shall be equipped with a rear underride guard.
Senate Sponsor: Senator Coleman of the 1st.
The Senate Committee on Transportation offered the following substitute to HB 53:
A BILL
To be entitled an Act to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to in crease the maximum overall length of vehicles and semitrailers authorized; to revise the maximum weight per axle authorized for bimodal semitrailers; to provide limitations; to provide a definition; to provide that the semitrailer shall be equipped with a rear-end pro tection device; to change certain provisions relating to the maximum weight load on any tandem axle; to provide for related matters; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, is amended by striking paragraph (1) of subsection (a) and subsection (b) of Code Section 32-6-24, relating to the length of

TUESDAY, FEBRUARY 21, 1989

1041

vehicles and loads, in their entirety and inserting in lieu thereof a new paragraph (1) of subsection (a) and a new subsection (b) to read as follows:
"(1) As used in this article, the term:
(A) 'Bimodal semitrailer' shall be defined as a detachable load-carrying unit designed to be attached to a coupling on the rear of a truck tractor by which it is partly supported during movement over the highway and designed either with retractable flanged wheels or to attach to a detachable flanged wheel assembly for movement on the rails.
(B) 'Combination of vehicles' means a semitrailer pulled by a truck tractor or a semi trailer and trailer pulled by a truck tractor operating in a truck tractor-semitrailer-trailer combination.
(C) 'Semitrailer' shall be defined as a detachable load-carrying unit designed to be at tached to a coupling on the rear of a truck tractor by which it is partly supported.
(D) 'Trailer' shall be defined as a detachable load-carrying unit designed to be attached to a coupling at the rear of a semitrailer and capable of support in operation without the truck tractor.
(E) 'Truck tractor' shall be defined as the noncargo-carrying power unit that operates in combination with a semitrailer or trailer, except that a truck tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit.
(b) (1) As used in this subsection, the term 'processing plant' means a business engaged in manufacturing poles and pilings for commercial purposes.
(2) Loads of poles, logs, pilings, lumber, structural steel, timber structural members, piping, and prestressed and precast concrete may exceed the length of 60 feet without re quiring a permit when they are single length pieces and no pieces are loaded end to end, but a single trip permit shall be required if the total length of such vehicle and load exceeds 75 feet. In addition to the single trip permits so required in this paragraph for vehicles exceed ing 75 feet in length, an annual permit for these vehicles may be secured if the motor vehi cles are transporting poles and pilings from the woods to the processing plant or transport ing poles for utility companies when such poles cannot be readily dismantled or separated.
(3) Vehicles transporting motor vehicles (commonly known as automobile carriers) shall not carry a load exceeding 65 feet in length. However, subsection (a) of this Code section, which provides that no trailer shall exceed 45 feet in length, shall not apply to automobile carriers.
(4) Vehicles transporting live poultry shall not carry a load exceeding 65 feet in length. However, subsection (a) of this Code section, which provides that no trailer shall exceed 45 feet in length, shall not apply to vehicles hauling live poultry.
(5) Flat-bed van carriers shall not carry a load exceeding 63 feet in length and shall be clearly labeled with a permanent sign which shall be attached to the rear of the carrier and which shall be marked in letters at least 12 inches high. However, subsection (a) of this Code section, which provides that no trailer shall exceed 45 feet in length, shall not apply to flat-bed van carriers.
(6) On highways designated by the department pursuant to paragraph (2) of subsection (a) of this Code section, vehicles not otherwise lawful, consisting of a truck tractor and semitrailer combination up to 67 V4 feet in overall length may be operated if:
(A) The semitrailer does not exceed 53 feet in length and if the distance between the kingpin of the semitrailer and the axle of the semitrailer does not exceed 41 feet. This 41 foot distance shall be measured between the kingpin and the midway point between the axles which comprise the rearmost tandem axle, if the rearmost axle on the semitrailer is a tandem axle, or between the kingpin and the center of the rearmost axle, if the rearmost axle on the semitrailer is a single axle. For purposes of this paragraph, the term 'kingpin'

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means a pin or peg designed to be locked into a fifth wheel of a truck tractor to attach a semitrailer to such truck tractor; and
(B) The semitrailer is equipped with a rear-end protection device of substantial con struction consisting of a continuous lateral beam extending to within four inches of the lateral extremities of the semitrailer and located not more than 22 inches from the surface as measured with the vehicle empty and on a level surface."
Section 2. Said article is further amended by striking paragraphs (1) and (2) of subsec tion (c) of Code Section 32-6-26, relating to weights of vehicles and loads, and inserting in their places new paragraphs (1) and (2) to read as follows:
"(1) (A) On all highways within this state which are not national highways, the maxi mum total gross weight authorized for any vehicle and load shall not exceed 80,000 pounds; the maximum load authorized on any single axle shall be as provided in subsection (b) of this Code section; the maximum load on any tandem axle shall be 37,340 pounds; and sub ject to subparagraph (B) and subparagraph (C) of this paragraph, the maximum total gross weight authorized for any vehicle and load shall be the maximum load authorized on any single axle multiplied by the number of axles with which the vehicle is equipped.
(B) For vehicles and loads with an actual total gross weight between 73,280 pounds and 80,000 pounds, the maximum total gross weight authorized for the vehicle and load shall be determined by applying the state bridge formula.
(C) For any vehicle equipped with four axles, the maximum total gross weight author ized for the vehicle and load shall be 70,000 pounds.
Reserved."
Section 3. Said article is further amended by adding a new subsection (j) at the end of Code Section 32-6-26, relating to the weight of vehicles and loads, to read as follows:
"(j) Except as provided in subsections (f) and (h) of this Code section, weight limits and axle definitions for any bimodal semitrailer, semitrailers, and trailers operated on highways and public roads within this state shall be weight limits and axle definitions authorized by federal law governing national highways."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Coleman of the 1st offered the following amendment:
Amend the substitute to HB 53 offered by the Senate Committee on Transportation by inserting on line 32 of page 3 immediately after the word "lawful" the following:
"under Code Section 32-6-25 or this subsection or so authorized by a permit issued pursuant to Code Section 32-6-28".
On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

TUESDAY, FEBRUARY 21, 1989

1043

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bowen Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge English

Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kidd
Land Langford McKenzie Newbill Olmstead

Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd
Ray Scott of 2nd Scott of 36th Starr Tate Taylor Timmons Tysinger Walker

Those not voting were Senators:

Albert Barnes Brannon Engram

Fuller Kennedy (presiding) Peevy

Shumake Stumbaugh Turner

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 12:34 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

1044

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Wednesday, February 22, 1989 Twenty-ninth Legislative Day

The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
Senator Collins of the 17th moved that the Senate reconsider its action of February 21 in defeating the following bill of the Senate:
SB 221. By Senators Collins of the 17th, Perry of the 7th, Gillis of the 20th and others: A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to persons before whom offenses are bailable, so as to provide that per sons charged with manufacturing, delivering, distributing, dispensing, adminis tering, selling, or possessing with intent to distribute certain controlled sub stances or marijuana shall not be eligible for bail.
On the motion, the yeas were 24, nays 8; the motion prevailed, and SB 221 was recon sidered and placed at the foot of the Senate General Calendar.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 575. By Representatives Sinkfield of the 37th and Benn of the 38th: A bill to amend an Act providing for urban enterprise zones in the City of At lanta, so as to provide for additional criteria with respect to the creation of cer tain zones for residential purposes.
HB 739. By Representative Holmes of the 28th: A bill to amend an Act providing for urban enterprise zones in the City of At lanta, so as to provide for certain rehabilitation as an eligible activity within cer tain commercial enterprise zones.
HB 791. By Representative Ricketson of the 82nd: A bill to amend an Act recreating the board of commissioners of Wilkes County, so as to change the provisions relating to the compensation of the chairman and members of the board.
HB 825. By Representative Holland of the 136th: A bill to amend an Act incorporating the Town of Sumner, so as to provide for municipal elections.

WEDNESDAY FEBRUARY 22, 1989

1045

HB 826. By Representatives Holland of the 136th and Hudson of the 117th: A bill to amend an Act to provide for the election of the members of the board of education of Turner County, so as to provide a method for filling a vacancy on the board of education.
HB 827. By Representatives Holland of the 136th and Hudson of the 117th: A bill to provide a board of elections for Turner County.
HB 828. By Representatives Ray of the 98th and Jenkins of the 80th: A bill to provide for the collection of an additional fee for the benefit of the Crawford County Law Library on each case filed in the Magistrate Court of Crawford County.
HB 829. By Representative Ray of the 98th: A bill to provide for the collection of an additional fee for the benefit of the Peach County Law Library on each case filed in the Magistrate Court of Peach County.
HB 830. By Representative Porter of the 119th: A bill to amend an Act providing and establishing the charter of the Town of East Dublin, so as to provide that the mayor shall not have the authority and power to pardon, suspend, or commute the sentence of any person for a violation of any ordinance of said town.
HB 831. By Representatives Hamilton of the 124th, Kingston of the 125th, Pannell of the 122nd, Dixon of the 128th, Mueller of the 126th and others: A bill to amend an Act providing for the determination of the millage rate by the governing authorities of Chatham County, the City of Savannah, all municipali ties within Chatham County which levy ad valorem property taxes, and the inde pendent school system of Chatham County and the City of Savannah, so as to provide for additional definitions.
HB 832. By Representative Holland of the 136th: A bill to amend an Act to create and establish a new charter for the City of Poulan, so as to provide for municipal elections.
HB 834. By Representatives Foster of the 6th, Griffin of the 6th and Poag of the 3rd: A bill to amend an Act changing the compensation of the coroner of Whitfield County, so as to change the provisions relating to the compensation of the coroner.
HB 835. By Representatives Byrd of the 153rd and Moody of the 153rd: A bill to amend an Act creating a board of commissioners of Jeff Davis County, so as to provide for staggered terms for the board of commissioners; to change the compensation of the clerk of the county commission.
HB 841. By Representatives Byrd of the 153rd and Moody of the 153rd: A bill to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, so as to change the corporate limits of said city.

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HB 851. By Representative Parrish of the 109th:
A bill to amend an Act incorporating the City of Swainsboro, so as to change the day of the general municipal election; to provide for council posts; to provide for terms of office of the mayor and councilmembers.
HB 852. By Representatives Floyd of the 154th and Chance of the 129th:
A bill to amend an Act providing a new charter for the City of Hinesville, so as to change the method of filling vacancies in the office of mayor or city council.
HB 854. By Representatives Snow of the 1st and McCoy of the 1st:
A bill to amend an Act placing the coroner of Walker County on an annual sal ary, so as to change the provisions relating to the compensation of the coroner.
HB 778. By Representative Lane of the 27th:
A bill to amend an Act providing an exemption for the full value of the home stead from all ad valorem taxes levied for Fulton County government purposes for each resident of said county who is 70 years of age or over or disabled, subject to certain income limitations, so as to change the provisions relative to determi nation of disability.
HB 864. By Representative Chambless of the 133rd:
A bill to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, the Board of Human Re sources, and the commissioner of human resources, so as to require service of notice of the pendancy of certain actions against the Department of Human Re sources, the Board of Human Resources, the commissioner of human resources, or any employee or agent thereof.
HB 628. By Representatives Mangum of the 57th and Moore of the 139th:
A bill to amend Chapter 11 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Youth Conservation Corps Act"; to amend Code Section 20-2-320 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Program task force; to amend Code Section 49-5-161 of the Official Code of Georgia Annotated, relating to the Commission on Children and Youth, so as to change references to the State Postsecondary Vocational Education to the State Board of Technical and Adult Education.
HB 702. By Representatives Green of the 106th, Parham of the 105th, Parrish of the 109th, Smith of the 156th, Walker of the 115th and others:
A bill to amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding physicians, osteopaths, and physician's assistants, so as to authorize the Composite State Board of Medical Examiners to require continuing education programs for persons licensed or cer tified under such chapter.
HB 799. By Representatives Lupton of the 25th, Pannell of the 122nd, Benn of the 38th, Robinson of the 96th, Isakson of the 21st and others:
A bill to amend Article 2 of Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to ordinances providing for historical preservation, so as to change certain provisions relating to certain exemptions from such article.

WEDNESDAY FEBRUARY 22, 1989

1047

HB 218. By Representatives Couch of the 36th and Jamieson of the llth:
A bill to amend Article 1 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to competency, so as to provide for circumstances in which a child is competent to testify without qualification.
HB 733. By Representatives Oliver of the 53rd and Baker of the 51st:
A bill to amend Article 3 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to the removal, resignation, settlement, and letters of dismis sion of a guardian, so as to provide that the judge by whom the guardian was appointed may pass an order transferring jurisdiction of the trust.
HB 692. By Representative Reaves of the 147th:
A bill to amend Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations as nuisances, so as to change the definition of the term "agricultural facility".
HB 773. By Representative Simpson of the 70th:
A bill to amend Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to time-share projects and programs, so as to change certain definitions; to provide for the inclusion of certain campsite time-share programs and establish requirements and procedures relating thereto.
HB 743. By Representative McDonald of the 12th:
A bill to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, so as to change the civil jurisdiction of magistrate courts by increasing the maximum amount in controversy over which such courts have jurisdiction.
HB 758. By Representatives Porter of the 119th, Townsend of the 24th, Kilgore of the 42nd and Birdsong of the 104th:
A bill to amend Part 2 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to revenue bonds of the State Tollway Authority, so as to permit the obtaining of loans and the sale of bonds and notes under conditions to be established by the authority.
HB 611. By Representative Holmes of the 28th:
A bill to amend Code Section 45-18-36 of the Official Code of Georgia Annotated, relating to salary deductions to be instituted by payroll departments at request of employees, so as to provide for confidentiality of individual account records.
HB 620. By Representatives Alford of the 57th, Lucas of the 102nd, Watts of the 41st and Barnett of the 10th:
A bill to amend Code Section 25-3-23 of the Official Code of Georgia Annotated, relating to general minimum requirements for organization of a fire department, so as to change such minimum requirements.
HB 813. By Representatives Ware of the 77th, Groover of the 99th, Robinson of the 96th, Colbert of the 23rd, Watson of the 114th and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for an impact assessment of mandatory accident and sickness insurance coverage; to provide for a short title.

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JOURNAL OF THE SENATE

HB 626. By Representative Lane of the 27th:
A bill to amend Code Section 43-5-15 of the Official Code of Georgia Annotated, relating to the termination date of the Georgia Board of Athletic Trainers, so as to change said termination date.
HB 511. By Representative Dunn of the 73rd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that cancellation of an existing insurance policy shall be effective on the effective date of a replacement policy under certain circumstances.
SB 4. By Senator Kidd of the 25th:
A bill to amend an Act placing the sheriff of Baldwin County on an annual sal ary, as amended, so as to change the provisions relating to the compensation of the sheriff; to provide an effective date.
SB 11. By Senator Kidd of the 25th:
A bill to amend an Act placing the judge of the Probate Court of Baldwin County upon an annual salary, as amended, so as to change the provisions relating to the compensation of the judge of the probate court; to provide for the compensation of certain successors to such office.
SB 12. By Senator Kidd of the 25th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Baldwin County into the office of tax commissioner of Baldwin County, as amended, so as to change the provisions relating to the compensation of the tax commissioner; to provide an effective date.
SB 161. By Senator Kidd of the 25th:
A bill to place the coroner of Baldwin County on an annual salary; to provide for the payment of such salary; to provide that fees, costs, commissions, allowances, moneys, and other emoluments and perquisites shall become the property of the county; to provide for the payment of such fees and allowances to the county; to require the coroner to submit a budget to the governing authority of Baldwin County.
SB 101. By Senator Garner of the 30th:
A bill to amend Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to membership of the Criminal Justice Coordinating Council, so as to provide that the State School Superintendent shall be a member of the council.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 242. By Representative Birdsong of the 104th:
A resolution designating the Lightwood Knot Bridge.
HR 89. By Representative Parham of the 105th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County, Georgia.

WEDNESDAY FEBRUARY 22, 1989

1049

HR 228. By Representatives Greene of the 130th and Manner of the 131st: A resolution designating the Creek Indian Trail Scenic Highway.
HR 190. By Representatives Ray of the 98th, Edwards of the 112th, Buck of the 95th, Robinson of the 96th, Steele of the 97th and others: A resolution designating a portion of the growth corridor program as the "Peach Parkway".
HR 218. By Representative Smith of the 78th: A resolution compensating Mr. Charles W. England.
HR 90. By Representative Aaron of the 56th: A resolution compensating Mr. Marvrick Long.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 286. By Senators Scott of the 2nd, Coleman of the 1st and Hammill of the 3rd: A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain offi cials; to provide for effective dates of such changes.
The House has adopted the report of the Committee of Conference on the following bill of the House:
HB 118. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Hooks of the 116th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19881989 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1988-1989.
The House has agreed to the Senate amendment to the following bill of the House:
HB 219. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Carroll County; to create a chairman and board of com missioners for Carroll County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into election districts.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 367. By Senators Clay of the 37th, Ragan of the 32nd, Coverdell of the 40th and others: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for legislative intent; to provide a short title; to provide for definitions; to create public bodies corporate and politic as deten tion buildings and facilities authorities; to provide for the activation of such de tention buildings and facilities authorities.
Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE

SB 368. By Senators Foster of the 50th and Deal of the 49th: A bill to amend Code Section 20-2-757 of the Official Code of Georgia Annotated, relating to the application of open meetings and open records laws to proceedings before school disciplinary tribunals, so as to change provisions relating to such application.
Referred to Committee on Judiciary.
SB 369. By Senators Clay of the 37th, Tysinger of the 41st and Coleman of the 1st: A bill to amend Code Section 36-62-2 of the Official Code of Georgia Annotated, relating to definitions used in the "Development Authorities Law," so as to pro vide that the definition of the term "project," as such term applies to develop ment authorities, shall include certain facilities to be used by universities or ath letic associations in connection with intercollegiate athletics.
Referred to Committee on Judiciary.
SB 370. By Senator Fuller of the 52nd: A bill to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to the annexation of territory, so as to provide that annexation of terri tory by a municipality having an independent school system within its corporate boundaries shall not extend the boundaries of such independent school system.
Referred to Committee on Education.
SB 371. By Senator Deal of the 49th: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for a statement of basic principles relative to the detention of juveniles.
Referred to Committee on Judiciary.
SB 372. By Senators Peevy of the 48th and Deal of the 49th: A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to minimum compensation of chief magistrates, so as to change the pro visions relating to minimum compensation; to provide an effective date.
Referred to Committee on Special Judiciary.
SR 159. By Senator Kidd of the 25th: A resolution creating the Senate Quality of Work Life Study Committee.
Referred to Committee on Governmental Operations.
SR 160. By Senator Kidd of the 25th: A resolution creating the Senate Strategic Planning Study Committee.
Referred to Committee on Governmental Operations.
SR 161. By Senator Parker of the 15th: A resolution creating the Muscogee County Board of Education Study Committee.
Referred to Committee on Education.
SR 163. By Senators Phillips of the 9th, Peevy of the 48th, Burton of the 5th and others: A resolution urging the Federal Aviation Administration to conduct a detailed environmental impact study of the proposed expansion of the Stone MountainBritt Memorial Airport.
Referred to Committee on Transportation.

WEDNESDAY FEBRUARY 22, 1989

1051

SR 164. By Senator Garner of the 30th: A resolution authorizing the lease of a certain tract of state owned real property; to provide an effective date.
Referred to Committee on Public Utilities.
SR 165. By Senators Ragan of the 10th, English of the 21st, Echols of the 6th and others: A resolution creating the Senate Ethanol Study Committee.
Referred to Committee on Agriculture.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 218. By Representatives Jamieson of the llth and Couch of the 36th: A bill to amend Article 1 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to competency, so as to provide for circumstances in which a child is competent to testify without qualification.
Referred to Committee on Judiciary.
HB 511. By Representative Dunn of the 73rd: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that cancellation of an existing insurance policy shall be effective on the effective date of a replacement policy under certain circumstances.
Referred to Committee on Insurance.
HB 611. By Representative Holmes of the 28th: A bill to amend Code Section 45-18-36 of the Official Code of Georgia Annotated, relating to salary deductions to be instituted by payroll departments at request of employees, so as to provide for confidentiality of individual account records.
Referred to Committee on Judiciary.
HB 620. By Representatives Alford of the 57th, Lucas of the 102nd, Watts of the 41st and Barnett of the 10th: A bill to amend Code Section 25-3-23 of the Official Code of Georgia Annotated, relating to general minimum requirements for organization of a fire department, so as to change such minimum requirements.
Referred to Committee on Industry and Labor.
HB 626. By Representative Lane of the 27th: A bill to amend Code Section 43-5-15 of the Official Code of Georgia Annotated, relating to the termination date of the Georgia Board of Athletic Trainers, so as to change said termination date.
Referred to Committee on Governmental Operations.
HB 628. By Representatives Mangum of the 57th and Moore of the 139th: A bill to amend Chapter 11 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Youth Conservation Corps Act"; to amend Code Section 20-2-320 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Program task force; to amend Code Section 49-5-161 of the Official Code of Georgia Annotated, relating to the Commission on Children and Youth,

1052

JOURNAL OF THE SENATE

so as to change references to the State Postsecondary Vocational Education to the State Board of Technical and Adult Education.
Referred to Committee on Education.
HB 692. By Representative Reaves of the 147th:
A bill to amend Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations as nuisances, so as to change the definition of the term "agricultural facility".
Referred to Committee on Agriculture.
HB 702. By Representatives Green of the 106th, Parham of the 105th, Parrish of the 109th and others:
A bill to amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding physicians, osteopaths, and physician's assistants, so as to authorize the Composite State Board of Medical Examiners to require continuing education programs for persons licensed or cer tified under such chapter.
Referred to Committee on Human Resources.
HB 733. By Representatives Oliver of the 53rd and Baker of the 51st:
A bill to amend Article 3 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to the removal, resignation, settlement, and letters of dismis sion of a guardian, so as to provide that the judge by whom the guardian was appointed may pass an order transferring jurisdiction of the trust.
Referred to Committee on Children and Youth.
HB 743. By Representative McDonald of the 12th:
A bill to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, so as to change the civil jurisdiction of magistrate courts by increasing the maximum amount in controversy over which such courts have jurisdiction.
Referred to Committee on Judiciary.
HB 758. By Representatives Porter of the 119th, Townsend of the 24th, Kilgore of the 42nd and Birdsong of the 104th:
A bill to amend Part 2 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to revenue bonds of the State Tollway Authority, so as to permit the obtaining of loans and the sale of bonds and notes under conditions to be established by the authority.
Referred to Committee on Transportation.
HB 773. By Representative Simpson of the 70th:
A bill to amend Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to time-share projects and programs, so as to change certain definitions; to provide for the inclusion of certain campsite time-share programs and establish requirements and procedures relating thereto.
Referred to Committee on Judiciary.

WEDNESDAY FEBRUARY 22, 1989

1053

HB 799. By Representatives Lupton of the 25th, Pannell of the 122nd, Benn of the 38th and others: A bill to amend Article 2 of Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to ordinances providing for historical preservation, so as to change certain provisions relating to certain exemptions from such article.
Referred to Committee on Natural Resources.
HB 813. By Representatives Ware of the 77th, Groover of the 99th, Robinson of the 96th and others: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for an impact assessment of mandatory accident and sickness insurance coverage; to provide for a short title.
Referred to Committee on Insurance.
HB 864. By Representative Chambless of the 133rd: A bill to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, the Board of Human Re sources, and the commissioner of human resources, so as to require service of notice of the pendancy of certain actions against the Department of Human Re sources, the Board of Human Resources, the commissioner of human resources, or any employee or agent thereof.
Referred to Committee on Human Resources.
HR 89. By Representative Parham of the 105th: A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County, Georgia.
Referred to Committee on Public Utilities.
HR 90. By Representative Aaron of the 56th: A resolution compensating Mr. Marvrick Long in the sum of $342.36.
Referred to Committee on Appropriations.
HR 190. By Representatives Ray of the 98th, Edwards of the 112th, Buck of the 95th, Robinson of the 96th and others: A resolution designating a portion of the growth corridor program as the "Peach Parkway".
Referred to Committee on Transportation.
HR 218. By Representative Smith of the 78th: A resolution compensating Mr. Charles W. England, in the sum of $9775.
Referred to Committee on Appropriations.
HR 228. By Representatives Greene of the 130th and Hanner of the 131st: A resolution designating the Creek Indian Trail Scenic Highway.
Referred to Committee on Transportation.
HR 242. By Representative Birdsong of the 104th: A resolution designating the Lightwood Knot Bridge.
Referred to Committee on Transportation.

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JOURNAL OF THE SENATE

HB 575. By Representatives Sinkfield of the 37th and Benn of the 38th: A bill to amend an Act providing for urban enterprise zones in the City of At lanta, so as to provide for additional criteria with respect to the creation of cer tain zones for residential purposes.
Referred to Committee on Urban and County Affairs.
HB 739. By Representative Holmes of the 28th: A bill to amend an Act providing for urban enterprise zones in the City of At lanta, so as to provide for certain rehabilitation as an eligible activity within cer tain commercial enterprise zones.
Referred to Committee on Urban and County Affairs.
HB 778. By Representative Lane of the 27th: A bill to amend an Act providing an exemption for the full value of the home stead from all ad valorem taxes levied for Fulton County government purposes for each resident of said county who is 70 years of age or over or disabled, subject to certain income limitations, so as to change the provisions relative to determi nation of disability.
Referred to Committee on Urban and County Affairs.
HB 791. By Representative Ricketson of the 82nd: A bill to amend an Act recreating the board of commissioners of Wilkes County, so as to change the provisions relating to the compensation of the chairman and members of the board.
Referred to Committee on Urban and County Affairs.
HB 825. By Representative Holland of the 136th: A bill to amend an Act incorporating the Town of Sumner, so as to provide for municipal elections.
Referred to Committee on Urban and County Affairs.
HB 826. By Representatives Holland of the 136th and Hudson of the 117th: A bill to amend an Act to provide for the election of members of the board of education of Turner County, so as to provide a method for filling a vacancy on the board of education.
Referred to Committee on Urban and County Affairs.
HB 827. By Representatives Holland of the 136th and Hudson of the 117th: A bill to provide a board of elections for Turner County.
Referred to Committee on Urban and County Affairs.
HB 828. By Representatives Ray of the 98th and Jenkins of the 80th: A bill to provide for the collection of an additional fee for the benefit of the Crawford County Law Library on each case filed in the Magistrate Court of Crawford County.
Referred to Committee on Urban and County Affairs.
HB 829. By Representative Ray of the 98th: A bill to provide for the collection of an additional fee for the benefit of the Peach County Law Library on each case filed in the Magistrate Court of Peach County.
Referred to Committee on Urban and County Affairs.

WEDNESDAY FEBRUARY 22, 1989

1055

HB 830. By Representative Porter of the 119th: A bill to amend an Act providing and establishing the charter of the Town of East Dublin, so as to provide that the mayor shall not have the authority and power to pardon, suspend, or commute the sentence of any person for a violation of any ordinance of said town.
Referred to Committee on Urban and County Affairs.
HB 831. By Representatives Hamilton of the 124th, Kingston of the 125th, Pannell of the 122nd and others: A bill to amend an Act providing for the determination of the millage rate by the governing authorities of Chatham County, the City of Savannah, all municipali ties within Chatham County which levy ad valorem property taxes, and the inde pendent school system of Chatham County and the City of Savannah, so as to provide for additional definitions.
Referred to Committee on Urban and County Affairs.
HB 832. By Representative Holland of the 136th: A bill to amend an Act to create and establish a new charter for the City of Poulan, so as to provide for municipal elections.
Referred to Committee on Urban and County Affairs.
HB 834. By Representatives Foster of the 6th, Griffin of the 6th and Poag of the 3rd:
A bill to amend an Act changing the compensation of the coroner of Whitfield County, so as to change the provisions relating to the compensation of the coroner. Referred to Committee on Urban and County Affairs.
HB 835. By Representatives Byrd of the 153rd and Moody of the 153rd: A bill to amend an Act creating a board of commissioners of Jeff Davis County, so as to provide for staggered terms for the board of commissioners; to change the compensation of the clerk of the county commission.
Referred to Committee on Urban and County Affairs.
HB 841. By Representatives Byrd of the 153rd and Moody of the 153rd:
A bill to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, so as to change the corporate limits of said city. Referred to Committee on Urban and County Affairs.
HB 851. By Representative Parrish of the 109th: A bill to amend an Act incorporating the City of Swainsboro, so as to change the day of the general municipal election; to provide for council posts; to provide for terms of office of the mayor and councilmembers.
Referred to Committee on Urban and County Affairs.
HB 852. By Representatives Floyd of the 154th and Chance of the 129th: A bill to amend an Act providing a new charter for the City of Hinesville, so as to change the method of filling vacancies in the office of mayor or city council.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 854. By Representatives Snow of the 1st and McCoy of the 1st:
A bill to amend an Act placing the coroner of Walker County on an annual sal ary, so as to change the provisions relating to the compensation of the coroner. Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 164. Do pass by substitute.
Respectfully submitted,
Senator Langford of the 35th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 343. HB 104. HB 225.

Do pass. Do pass by substitute. Do pass by substitute.

HB 226. Do pass. HB 451. Do pass as amended.

Respectfully submitted, Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Higher Education has had under consideration the following bill and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 123. Do pass. HB 567. Do pass by substitute.
Respectfully submitted,
Senator Fincher of the 54th District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 313. Do pass by substitute.

SB 319. Do pass.

SB 318. Do pass.

HB 51. Do pass.

Respectfully submitted,

Senator Howard of the 42nd District, Chairman

WEDNESDAY FEBRUARY 22, 1989

1057

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 324. Do pass by substitute. SB 347. Do pass. HB 10. Do pass.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 475. Do pass. HB 622. Do pass. HB 643. Do pass.
Respectfully submitted,
Senator Timmons of the llth District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 323. Do pass.

SB 363. Do pass.

SB 335. Do pass.

SB 364. Do pass.

SB 362. Do pass by substitute.

Respectfully submitted,

Senator Harris of the 27th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 349. Do pass.

SB 359. Do pass.

SB 356. Do pass.

HB 342. Do pass.

SB 357. Do pass.

HB 670. Do pass.

SB 358. Do pass.

Respectfully submitted, Senator Harris of the 27th District, Chairman

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JOURNAL OF THE SENATE

The following bills of the Senate and House were read the second time:
SB 267. By Senators Stumbaugh of the 55th, Taylor of the 12th, Dawkins of the 45th and Tysinger of the 41st:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for creation of the Georgia Health Insurance Pool; to provide for a short title; to provide for definitions; to provide for membership in the pool; to provide for operation of the pool; to provide for a board of directors; to provide for powers and duties of the pool.
SB 329. By Senator Peevy of the 48th:
A bill to amend Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of a civil action after dismissal, so as to provide that before a plaintiff institutes a previously dismissed civil action, such plaintiff shall first pay the court costs of the action that such plaintiff previously dismissed.
HB 76. By Representatives Selman of the 32nd, Childers of the 15th, Richardson of the 52nd, Thomas of the 69th and Chambless of the 133rd:
A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to change the provisions with respect to the addi tional witness required when a living will is signed in a hospital or skilled nursing facility.
HB 185. By Representative Randall of the 101st:
A bill to amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, so as to provide that licenses of certain persons shall be returned upon the acceptance of a plea and payment of the imposed fine.
HB 201. By Representatives Dobbs of the 74th, Lane of the lllth, Porter of the 119th and others:
A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair trade practices in the transaction of insurance, so as to define certain terms; to require disclosures to insureds; to require identification on nonoriginal equipment manufacturer aftermarket crash parts.
HB 209. By Representatives Pannell of the 122nd, Childers of the 15th, Hooks of the 116th and others:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain provisions relat ing to prescribing, compounding, dispensing, and administering drugs by certain practitioners; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and assistants, so as to provide for definitions.
HB 210. By Representative Pannell of the 122nd:
A bill to amend Article 2 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to land registration, so as to repeal Code Section 44-2-139, relating to registration and title certificates running with the land; to allow regis tered land to be defeased by adverse possession; to allow transfers of title made by the last registered owner or said owner's representatives, heirs, or assigns to be valid transfers of title to the land so described.

WEDNESDAY FEBRUARY 22, 1989

1059

HB 257. By Representative Porter of the 119th:
A bill to amend Code Section 29-5-6 of the Official Code of Georgia Annotated, relating to procedures for the appointment of a guardian of an incapacitated adult, so as to provide that in cases involving the creation or termination of a guardianship of the property of an adult who owns real property, the judge or clerk of the probate court shall be responsible for filing a certificate with the clerk of the superior court.
HB 258. By Representative Porter of the 119th:
A bill to amend Part 1 of Article 2 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to the appointment and qualification of administrators and executors, so as to permit aliens lawfully admitted to the United States for permanent residence to act as executors; to change the circumstances under which nonresident executors and coexecutors shall be required to give bond.
HB 259. By Representative Porter of the 119th:
A bill to amend Article 6 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure in the probate courts of certain counties, so as to expand the jurisdiction of the probate courts of certain counties to include concurrent jurisdiction with the superior courts over the appointment of trustees and the acceptance of a trustee's resignation.
HB 487. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Article 5 of Title 44 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed property, so as to change the time period within which the state revenue commissioner shall dispose of unclaimed property delivered to him; to provide that certain unclaimed property having insubstantial commercial value may be disposed of by the commissioner other than by sale.
HB 488. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to change provisions relat ing to the exemption for the rental of motion picture film; to make provisions for exemption of certain rentals of videotape.
HB 489. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Article 4 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to corporate net worth tax, so as to change the date upon which tax returns and payments are due..
HB 525. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to the assessment of litigation costs and attorneys' fees for frivolous ac tions and defenses, so as to repeal the provisions which repeal such Code section on July 1, 1989.
HB 659. By Representative Lee of the 72nd:
A bill to create the Metropolitan Atlanta Olympic Games Authority as a body corporate and public, a political subdivision of the state, and a public corpora-

1060

JOURNAL OF THE SENATE

tion; to provide for a short title; to provide for definitions; to provide for creation and organization; to provide for the membership of the authority and their terms of office and compensation.

The President called for the morning roll call, and the following Senators answered to their names:

Allgood Baldwin Barker Barnes Bowen Brannon
roun Burton CCloalyeman
Collins Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller
arner ls ... Hammill HHuogwgairnds
Johnson Kennedy Kidd Land McKenzie Newbill

Olmstead Parker Peevy Perry Pollard R of Raganof32nd n "Scaoy^tt o,f 2,,nd,
btarr Stumbaugh Taylor Turner Tysinger Walker

Those not answering were Senators:

Albert Coverdell Harris

Langford Phillips Scott of 36th

Shumake Tate Timmons

Senator Johnson of the 47th introduced the chaplain of the day, Reverend Jack Exum, of Royston, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 162. By Senators Foster of the 50th and Deal of the 49th:
A resolution concerning the 100th anniversary of the Capitol Building of the State of Georgia.

SR 166. By Senator Peevy of the 48th: A resolution commending Mrs. Sharon Pitman.

SR 169. By Senator Kennedy of the 4th: A resolution expressing sympathy at the passing of Honorable H. Frank Laws.

SR 170. By Senator Coleman of the 1st:
A resolution commending the Citizens' Committee for Skidaway Island State Park, Union Camp Corporation, and the Branigar Organization, Inc.

WEDNESDAY FEBRUARY 22, 1989

1061

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Wednesday, February 22, 1989
TWENTY-NINTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 349 Fuller, 52nd Floyd County
To provide that the salary of the judge of the Juvenile Court shall be set by the governing authority of Floyd County; to provide that such judge shall devote his full time to the duties of his office and shall not engage in the private practice of law.
SB 356 Johnson, 47th Hart County
To create a new board of commissioners of Hart County; to provide for a chairman, members, elections, qualifications, terms, and election procedures; to provide for commissioner districts; to provide for vacancies; to provide for oaths of office and surety bonds; to provide for a clerk; to provide for meet ings; to provide for a county attorney.
SB 357 Johnson, 47th Hart County
To change certain provisions relating to the compensation of the sheriff.
SB 358 Johnson, 47th Hart County
To change certain provisions relating to the compensation of the tax commis sioner.
SB 359 Johnson, 47th Hart County
To change the provisions relating to the compensation of the clerk of the superior court and the judge of the probate court.
HB 342 Kidd, 25th Jones County
To change the compensation of the chairman and members of the board of education.
HB 670 Tysinger, 41st Howard, 42nd Tate, 38th Walker, 43rd Peevy, 48th Coverdell, 40th Burton, 5th Phillips, 9th Starr, 44th Collins, 17th

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JOURNAL OF THE SENATE

Stumbaugh, 55th Newbill, 56th Langford, 35th Scott, 36th Clayton, DeKalb, Fulton, Gwinnett Counties, MARTA
To amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", to permit the use of interest earned on certain reserve funds to pay operating costs; to include interest earned on certain reserve funds in the definition of transit operating revenue.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barnes Bowen Brannon
Broun ^Urton
CD~ eal,wlinkgins Deal Echols Edge English Engram Fincher

Foster Gillis Hammill Harris
Howard Huggins
K,,K.led,nd,n, edyJ Land Langford Newbill Olmstead Parker Peevy

Those not voting were Senators:

Perry Phillips Pollard Ragan of 10th
Ragan of 32nd Ray
S0^h,cuomtt aok,fe36th Starr Stumbaugh Taylor Timmons Turner Tysinger

Albert
Baldwin Barker Coleman Coverdell

Dean Fuller
Garner Johnson

McKenzie Scott of 2nd
Tate Walker

On the passage of all the local bills, the yeas were 43, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

Senator Allgood of the 22nd introduced Honorable Jim Scott, Senator of Florida Gen eral Assembly and Rules Committee Chairman, who briefly addressed the Senate.

WEDNESDAY FEBRUARY 22, 1989

1063

Senator Collins of the 17th introduced Hampton L. Daughtry, who was commended by SR 150, adopted previously.
SENATE RULES CALENDAR
Wednesday, February 22, 1989
TWENTY-NINTH LEGISLATIVE DAY
SB 60 Workers' Compensation--Self-insurers Guaranty Trust Fund (Substitute) (I&L--45th)
SB 299 State Publications--repeal requirement of certain information on cover (Substi tute) (I&L--45th)
SB 328 Liens Against Abandoned Vehicles--affidavit filing fee (Substitute) (I&L--45th) HB 54 Sports Referee--certain ones not liable in civil actions (Substitute) (Judy--49th) HB 524 Jury Lists--compilations, revision (S Judy--12th) HB 309 Bonds on Public Works Contracts--not apply to certain contracts (I&L--29th) HB 155 Underground Storage Tank Act--define petroleum product (Nat R--21st) HB 140 Hospital Authority Meeting--open exemptions (Judy--49th) HB 240 Income Tax--job tax credit for certain businesses (B&F--8th) HB 485 Income Taxes--installment payments of estimated taxes (B&F--8th) HR 19 Thomas Humphrey Highway--designate (Trans--25th) HB 71 Distributing, Possessing Certain Drugs--penalties (Judy--25th) HB 181 Insurance Broker--requirements for using unauthorized insurer (Ins--37th) HB 134 Lakes Sinclair and Oconee--limit fish baskets (Nat R--21st) HB 481 Tax Assessments--notices by first class mail (B&F--8th) HB 4 Alcoholic Treatment--change effective date (Hum R--42nd) HB 344 Electrical Contractor, Plumbing Applicant--third examination (I&L--45th) HB 367 Workers' Compensation Group Self-insurance Fund--securities deposit
(Ins--55th) HB 120 Public School Employees Retirement--40 years for retirement (Ret--llth) HB 464 Vehicle Length Requirements--exempt certain vehicles (Trans--21st) HB 202 Game and Fish--change certain definitions (Ag--21st) HB 265 Aircraft Operator--prohibition regarding alcohol, drugs (Substitute)
(S Judy--33rd) SB 123 Certain DUI Convictions--ignition interlock device (Substitute) (Judy--55th) HB 169 Retail Liquor License Applicant--publish notice of intent (Substitute)
(C AFF--2nd) HB 483 Public Revenue Code--revise provisions on Georgia taxes (B&F--8th) HB 546 Non-liability of Certain Persons for Certain Intoxicated--typo correction
(Judy--49th) HB 335 Business Corporation Code--revise (Judy--47th) HR 74 U.S. 441 Business Historic Route--designate (Trans--50th) HB 412 Tallapoosa Judicial Circuit Superior Court--change terms (Judy--49th) SB 280 Parole--certain felons serve one-third of sentence (Judy--42nd)
Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman
Senate Rules Committee

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JOURNAL OF THE SENATE

The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:
SB 60. By Senators Dawkins of the 45th, Peevy of the 48th, Johnson of the 47th and Stumbaugh of the 55th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to create and establish the Self-insurers Guaranty Trust Fund; to provide for legislative intent; to define certain terms; to provide for the purposes and investments of the fund; to provide for the appoint ment of the board of trustees of the fund and the terms of office, method of filling vacancies, removal, powers, and compensation of the board of trustees.
Senator Dawkins of the 45th moved that SB 60 be postponed until Monday, February 27.
On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 60 was post poned until Monday, February 27.
SB 299. By Senator Dawkins of the 45th:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to repeal in its entirety Article 1 of said chapter which requires that publications of the executive branch of gov ernment indicate certain information on the cover of the publication; to provide for related matters; to provide an effective date.
The Senate Committee on Industry and Labor offered the following substitute to SB 299:
A BILL
To be entitled an Act to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to revise provisions which require that publications of the executive branch of government indicate certain cost information on the cover of the publication; to provide for the applicability of said provisions to various governmental entities; to provide for cost calculations; to define a criminal offense and pro vide criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA;
Section 1. Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, is amended by striking Article 1, relating to cost information on the covers of certain publications, and inserting in its place a new Article 1 to read as follows:
"ARTICLE 1
50-18-1. Each pamphlet, booklet, brochure, or other publication printed by any state department, agency, board, bureau, commission, or authority, except the 'Farmers and Con sumers Market Bulletin' published by the Department of Agriculture, shall clearly show on its cover the number of copies of that particular publication printed, as well as the approxi mate total cost of producing such publication.
50-18-2. This article shall not apply to tax forms, returns, pamphlets, and instructional publications of the Department of Revenue.
50-18-3. For purposes of Code Section 50-18-1, the total cost of producing a publication shall include, but not be limited to, all costs of design, layout, composition of copy, typeset ting, photography, art work, color separations, negatives, plates, and binding, as well as the costs of the actual printing process of placing ink on paper.

WEDNESDAY FEBRUARY 22, 1989

1065

50-18-4. The department, agency, board, bureau, commission, or authority responsible for a publication shall determine the total cost of producing the publication and shall in form the printer of the cost figure to place on the cover.
50-18-5. Any person who violates this article shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Broun Burton Clay Collins Coverdell Dawkins Deal Dean Edge English

Engram Fincher Foster Garner Gillis Hammill Harris Huggins Johnson Kennedy Kidd Land Langford Newbill Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Baldwin
Coleman Echols Fuller

Howard McKenzie Olmstead

Parker Shumake Tate

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 328. By Senator Dawkins of the 45th:
A bill to amend Code Section 40-11-5 of the Official Code of Georgia Annotated, relating to foreclosure procedures for liens against abandoned motor vehicles, so as to increase the fee for filing an affidavit.

Senator Stumbaugh of the 55th offered the following substitute to SB 328:

A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain requirements relative to fore closure of a mechanics' lien or a lien on an abandoned motor vehicle; to change certain notice requirements and duties of a person removing a vehicle from public or private prop-

1066

JOURNAL OF THE SENATE

erty or storing an abandoned vehicle; to increase the fee for filing an affidavit; to provide for an agent, attorney at law, or attorney in fact to perform certain duties of the lienholder; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsection (c) of Code Section 40-3-54, relating to mechanics' liens, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The lien shall be foreclosed in the following manner:
(1) A person asserting the lien, either for himself or as a guardian, administrator, execu tor, or trustee, may move to foreclose it by making an affidavit to a court of competent jurisdiction showing all the facts necessary to constitute a lien under this Code section and the amount claimed to be due;
(2) Upon such affidavit being completed and filed by the person asserting the lien, his agent, attorney at law, or attorney in fact, the clerk or a judge of the court shall serve notice upon the owner, the recorded lienholders and security interest holders, and the lessee, if any, of the vehicle of a right to a hearing to determine if reasonable cause exists to believe that a valid debt exists, and that such hearing must be petitioned for within five days after receipt of the notice and that, if no petition for such hearing is filed within the time allowed, the lien will conclusively be deemed a valid one and foreclosure thereof allowed;
(3) If a petition for a hearing is filed within the time allowed, the court shall set a probable cause hearing within ten days of the filing of the petition. The person asserting the lien may appear at the hearing pro se or be represented by his agent, attorney at law, or attorney in fact. If, at the probable cause hearing, the court determines that reasonable cause exists to believe that a valid debt exists, the mechanic shall be given possession of the vehicle or the court shall obtain possession of the vehicle, as ordered by the court. The owner-debtor may retain possession of the vehicle by giving bond and security in the amount determined to be probably due and the costs of the action;
(4) Within five days of the probable cause hearing, a defendant must petition the court for a full hearing on the validity of the debt if a further determination of the validity of the debt is desired. If no such petition is filed, the lien on the amount determined reasonably due shall be conclusively deemed a valid one and foreclosure thereof allowed. If such a peti tion is filed, the court shall set a full hearing thereon within 30 days of the filing of the petition. Upon the filing of such petition by the person defendant, neither the prosecuting mechanic, his agent, attorney at law, or attorney in fact nor the court may sell the vehicle, although possession of the vehicle may be retained;
(5) If, after a full hearing, the court finds that a valid debt exists, then the court shall authorize foreclosure upon and sale of the vehicle subject to the lien to satisfy the debt if the debt is not otherwise immediately paid;
(6) If the court finds the actions of the mechanic in retaining or seeking possession of the vehicle were not taken in good faith, the court, in its discretion, may award damages to the owner, the lessee, or any person deprived of the rightful use of the vehicle due to the deprivation of the use of the vehicle;
(7) Any proceeding to foreclose a mechanic's lien on a vehicle must be instituted within one year from the time the lien is recorded or is asserted by retention."
Section 2. Said title is further amended by striking Code Section 40-11-2, relating to the duty of a person removing a vehicle from public or private property or storing such vehicle, in its entirety and inserting in lieu thereof a new Code Section 40-11-2 to read as follows:
"40-11-2. (a) Any person who removes a motor vehicle from public property at the re quest of a law enforcement officer or stores such vehicle, his agent, attorney at law, or attor ney in fact shall, if the owner of the vehicle is unknown, seek the identity of and address of

WEDNESDAY FEBRUARY 22, 1989

1067

the last known registered owner of such vehicle from the law enforcement officer requesting removal of such or his agency within 72 hours of removal.
(b) Any person who removes a motor vehicle from private property at the request of the property owner or stores such vehicle, his agent, attorney at law, or attorney in fact shall, if the owner of the vehicle is unknown, notify in writing a local law enforcement agency of the location of the vehicle, the manufacturer's vehicle identification number, license number, model, year, and make of the vehicle within 72 hours of the removal of such vehicle and shall seek from the local law enforcement agency the identity and address of the last known registered owner of such vehicle and any information indicating that such vehicle is a stolen motor vehicle.
(c) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined to be a stolen motor vehicle, the local law enforcement officer or agency shall notify the Georgia Crime Information Center and the owner, if known, of the location of such motor vehicle within 72 hours after receiving notice that such motor vehicle is a stolen vehicle.
(d) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined not to be a stolen vehicle or is not a vehicle being repaired by a repair facility or is not being stored by an insurance company providing insurance to cover damages to the vehicle, the person removing or storing such motor vehicle, his agent, attorney at law, or attorney in fact shall, within seven calendar days of the day such motor vehicle was removed, notify the owner, if known, by certified or registered mail of the loca tion of such motor vehicle, the fees connected with removal and storage of such motor vehi cle, and the fact that such motor vehicle will be deemed abandoned under Chapter 11 of this title unless the owner redeems such motor vehicle within 30 days of the day such vehi cle was removed.
(e) If the owner fails to redeem such motor vehicle as described in subsection (d) of this Code section, or if a vehicle being repaired by a repair facility or being stored by an insur ance company providing insurance to cover damages to the vehicle becomes abandoned, the person removing or storing such motor vehicle, his agent, attorney at law, or attorney in fact shall, within seven calendar days of the day such vehicle became an abandoned motor vehi cle, give notice in writing, by sworn statement, to the Department of Revenue and the Geor gia Bureau of Investigation, stating the manufacturer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, the model, year, and make of the vehicle, the date the vehicle became an abandoned motor vehicle, the date the vehicle was removed, and the present location of such vehicle and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, he, his agent, attor ney at law, or attorney in fact shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle.
(f) Upon ascertaining the owner of such motor vehicle, the person removing or storing such vehicle, his agent, attorney at law, or attorney in fact shall, within five calendar days, by certified or registered mail, notify the owner, lessors, lessees, security interest holders, and lienholders of the vehicle of the location of such vehicle and of the fact that such vehi cle is deemed abandoned and shall be disposed of if not redeemed.
(g) If the identity of the owner of such motor vehicle cannot be ascertained, the person removing or storing such vehicle, his agent, attorney at law, or attorney in fact shall place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its license and manufacturer's vehicle identification num bers, the location from where such vehicle was initially removed, the present location of

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JOURNAL OF THE SENATE

such vehicle, and the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(h) Information forwarded to the Georgia Bureau of Investigation as required by this Code section shall be placed by the bureau on the National Crime Information Center Network.
(i) Any person storing a vehicle under the provisions of this Code section, his agent, attorney at law, or attorney in fact shall notify the Department of Revenue and the Georgia Bureau of Investigation if the vehicle is recovered, is claimed by the owner, is determined to be stolen, or for any reason is no longer an abandoned motor vehicle. Such notice shall be provided within seven calendar days of such event.
(j) If vehicle information on the abandoned motor vehicle is not in the files of the De partment of Revenue, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vehicle.
(k) Any person who does not provide the notice and information required by this Code section directly, or through his agent, attorney at law, or attorney in fact, shall not be enti tled to any storage fees.
(1) Any person who knowingly provides false or misleading information when providing any notice or information as required by this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor."
Section 3. Said title is further amended by striking Code Section 40-11-5, relating to foreclosure of a lien on an abandoned vehicle, in its entirety and inserting in lieu thereof a new Code Section 40-11-5 to read as follows:
"40-11-5. All liens acquired under Code Section 40-11-4 shall be foreclosed as follows:
(1) Any proceeding to foreclose a lien on an abandoned motor vehicle must be insti tuted within one year from the time the lien is recorded or is asserted by retention;
(2) The person desiring to foreclose a lien on an abandoned motor vehicle shall himself, or through his agent, attorney at law, or attorney in fact, by certified or registered mail, make a demand upon the owner for the payment of the reasonable fees for removal and storage plus the costs of any advertisement. Such written demand shall include an itemized statement of all charges. No such written demand shall be required if the identity of the owner cannot be ascertained and the notice requirements of subsection (g) of Code Section 40-11-2 have been complied with;
(3) (A) If, within ten days of delivery to the appropriate address of the written demand required by paragraph (2) of this Code section, the owner of the abandoned motor vehicle fails to respond to such demand or refuses to pay, or if the owner of the abandoned motor vehicle cannot be ascertained, the person removing or storing the abandoned motor vehicle, his agent, attorney at law, or attorney in fact may foreclose such lien. The person asserting such lien, his agent, attorney at law, or attorney in fact may move to foreclose by making an affidavit to a court of competent jurisdiction showing all facts necessary to constitute such lien and the amount claimed to be due. Such affidavit shall aver that the notice require ments of Code Section 40-11-2 have been complied with, and such affidavit shall also aver that a demand for payment has been made and refused or that the identity of the owner cannot be ascertained. The person foreclosing, his agent, attorney at law, or attorney in fact shall verify the statement by oath or affirmation and shall affix his signature thereto.
(B) Regardless of the court in which the affidavit required by this paragraph is filed, the fee for filing such affidavit shall be $40.00 per motor vehicle upon which a lien is asserted;
(4) (A) Upon such affidavit's being filed, the lien claimant, his agent, attorney at law, or attorney in fact shall give the clerk or judge of the court the address (if known) of the owner, lessor, lessee, security interest holders, and lienholders of the abandoned vehicle. The clerk or judge of the court shall serve notice upon such owner, lessor, lessee, security interest holders, and lienholders of the abandoned motor vehicle of a right to a hearing to

WEDNESDAY FEBRUARY 22, 1989

1069

determine if reasonable cause exists to believe that a valid debt exists; that such hearing must be petitioned for within ten days after receipt of such notice; and that, if no petition for such hearing is filed within the time allowed, the lien will conclusively be deemed a valid one and foreclosure thereof allowed.
(B) Any notice required by this paragraph shall be by certified mail or, if the owner, lessor, lessee, security interest holder, or lienholder is unknown, by posting such notice at the county courthouse in such place where other public notices are posted;
(5) If a petition for a probable cause hearing is filed within the time allowed, the court shall set such a hearing within ten days of filing of the petition. The person foreclosing the lien may appear at the hearing pro se or be represented by his agent, attorney at law, or attorney in fact. If, at the hearing, the court determines that reasonable cause exists to believe that a valid debt exists, then the person asserting the lien shall retain possession of the motor vehicle or the court shall obtain possession of the motor vehicle, as ordered by the court. The owner-debtor may obtain possession of the motor vehicle by giving bond and security in the amount determined to be probably due and costs of the action;
(6) Within five days of the probable cause hearing, a party defendant must petition the court for a full hearing on the validity of the debt if a further determination of the validity of the debt is desired. If no such petition is filed, the lien for the amount determined reason ably due shall conclusively be deemed a valid one and foreclosure thereof allowed. If such a petition is filed, the court shall set a full hearing thereon within 15 days of the filing of the petition. Upon the filing of such petition by a party defendant, neither the prosecuting lienholder, his agent, attorney at law, or attorney in fact nor the court may sell the motor vehicle, although possession of the motor vehicle may be retained;
(7) If, after a full hearing, the court finds that a valid debt exists, then the court shall authorize foreclosure upon and sale of the motor vehicle subject to the lien to satisfy the debt if such debt is not otherwise immediately paid;
(8) If the court finds the actions of the person asserting the lien, his agent, attorney at law, or attorney in fact in retaining possession of the motor vehicle were not taken in good faith, then the court, in its discretion, may award damages to the owner, any party which has been deprived of the rightful use of the vehicle, or the lessee due to the deprivation of the use of the motor vehicle;
(9) If no petition for a hearing is filed, or if, after a full hearing, the court determines that a valid debt exists, the court shall issue an order authorizing the sale of such motor vehicle. However, the holder of a security interest in or a lien on the vehicle, other than the holder of a lien created by Code Section 40-11-4, shall have the right, in the order of priority of such security interest or lien, to pay the debt and court costs. If the holder of a security interest or lien does so pay the debt and court costs, he shall have the right to possession of the vehicle, and his security interest in or lien on such vehicle shall be increased by the amount so paid. A court order shall be issued to this effect, and in this instance there shall not be a sale of the vehicle."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.
The President announced that, pursuant to Senate Rule 143, consideration of the sub stitute and bill would be suspended and placed on the Senate General Calendar.
HB 54. By Representative Alien of the 127th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions, so as to provide that sports officials who offici ate athletic contests shall not be liable in civil actions for injuries or damages

1070

JOURNAL OF THE SENATE

claimed to have arisen by virtue of actions or inactions related to such officiating within the confines of the athletic facility at which the athletic contest is held.
Senate Sponsor: Senator Deal of the 49th.
The Senate Committee on Judiciary offered the following substitute to HB 54:
A BILL
To be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions, so as to provide that sports officials who offi ciate amateur athletic contests shall not be liable in civil actions for injuries or damages claimed to have arisen by virtue of actions or inactions related to such officiating within the confines of the athletic facility at which the athletic contest is held; to provide for a defini tion; to provide for other matters relative to the foregoing; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA;
Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions, is amended by adding at the end thereof a new Code Section 51-1-41 to read as follows:
"51-1-41. (a) Sports officials who officiate amateur athletic contests at any level of com petition in this state shall not be liable to any person or entity in any civil action for injuries or damages claimed to have arisen by virtue of actions or inactions related in any manner to officiating duties within the confines of the athletic facility at which the athletic contest is played.
(b) For the purposes of this Code section, the term 'sports officials' means:
(1) Those individuals who serve as referees, umpires, linesmen, and those who serve in similar capacities but may be known by other titles and are duly registered with or are members of a local, state, regional, or national organization which is engaged in part in providing education and training to sports officials; and
(2) Those individuals who render service without compensation as a manager, coach, instructor, or assistant manager, coach, or instructor in any system of supervised recreation established pursuant to Chapter 64 of Title 36.
(c) Nothing in this Code section shall be deemed to grant the protection set forth in subsection (a) of this Code section to sports officials who cause injury or damage to a person or entity by actions or inactions which are intentional, willful, wanton, reckless, malicious, or grossly negligent."
Section 2. This Act shall apply to causes of actions filed on or after the effective date of this Act, including those causes of actions which allege actions or inactions of sports officials which occurred prior to the effective date of this Act.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was follows:

WEDNESDAY FEBRUARY 22, 1989

1071

Those voting in the affirmative were Senators:

Albert Allgood Barker
Brannon Broun urton ^CQ oj,lyiejman Coverdell Deal Dean Echols Edge English Engram

Fincher Foster Garner
Hammill Howard Muggins J,,Koehnnnseodn,y Kidd Land Langford Newbill Olmstead Parker Peevy

Perry Phillips Pollard
Ragan of 10th Ragan of 32nd Scott of 2nd S,,S.ctaortrt of 36th Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Baldwin Barnes Bowen Dawkins

Fuller Gillis Harris

McKenzie Ray Shumake

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

The following bill of the House, having been withdrawn from the Senate Committee on Judiciary on February 7 and committed to the Senate Committee on Special Judiciary, and favorably reported by the committee, was read the third time and put upon its passage:

HB 524. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to change the provisions relat ing to jury lists and the compilations and revision thereof; to change certain pro cedures; to provide for the creation of jury lists and boxes in counties using nonmechanical procedures and in counties using mechanical or electronic procedures.
Senate Sponsor: Senator Taylor of the 12th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes

Brannon Broun Burton Clay Coleman

Collins Coverdell Dawkins Deal Dean

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JOURNAL OF THE SENATE

Echols Edge English Engram TMster GQiaHrjnger Hammill Harris Huggins Johnson

Kidd Land Newbill Olmstead Parker _Peevy Perry Phillips Pollard Ragan of 10th

Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr 0Stu*m1ba.u1g.h Tate Taylor Turner Tysinger

Those not voting were Senators:

Bowen Fincher Fuller Howard

Kennedy (presiding) Langford McKenzie

Shumake Timmons Walker

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general bills and resolution of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 309. By Representatives Hooks of the 116th, Watson of the 114th and Bargeron of the 108th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds and other bonds required on contracts with the state and other political subdivisions for public works, so as to provide that this Code sec tion shall not apply where the total contract price does not exceed $40,000.00
Senate Sponsor: Senator Baldwin of the 29th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford

McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh

WEDNESDAY FEBRUARY 22, 1989

1073

Tate Taylor

Timmons Turner

Tysinger

Those not voting were Senators:

Allgood Bowen

Fuller Kennedy (presiding)

Shumake Walker

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 155. By Representatives Griffin of the 6th, Foster of the 6th, Patten of the 149th, Poag of the 3rd and McCoy of the 1st:
A bill to amend Chapter 13 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Underground Storage Tank Act," so as to change the provisions relating to the definition of a petroleum product; to change the provi sions relating to the payment of the environmental assurance fee on petroleum products for the purposes of the Underground Storage Tank Trust Fund.
Senate Sponsor: Senator English of the 21st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 32nd Ray Scott of 2nd cScotttt ocf 3o6ettuh Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Coleman

Kennedy (presiding) Ragan of 10th

Shumake Starr

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

HB 240. By Representatives Crosby of the 150th, Coleman of the 118th, Walker of the 115th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to provide for a job tax credit for certain business enterprises in certain coun ties which have been designated by the Department of Community Affairs and certified by the state revenue commissioner as less developed areas.
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:

February 6, 1989

SUBJECT: Fiscal Note - House Bill 240 (Committee Substitute) (LC 18 3123S) Income Tax - Job Tax Credits for Certain Businesses

This bill would provide for a $1,000 annual income tax job tax credit for each new fulltime job created in certain counties. The Department of Community Affairs (DCA) would annually designate (as less developed areas) the lower 25 percent of all counties in the state based on unemployment rates, per capita income, percentage of residents with income below the poverty level, and average weekly manufacturing wages. The Commissioner of DCA would also be able to designate any county (in the Commissioner's determination) which undergoes a sudden and severe period of economic distress caused by the closing of busi nesses within the county. The job tax credit would be available to "business enterprises" (as defined in the bill) in the less developed areas with a net employment increase of ten or more positions for years two through six following the creation of the new jobs. Provisions for the transfer and carrying forward of such job tax credits are also contained within the bill. If enacted, this bill would become effective January 1, 1990 and would apply to all taxable years beginning on and after such date.

The fiscal impact of this bill upon state revenues cannot be determined since the num ber of additional job positions in less developed counties which would be eligible for the job tax credit cannot be predicted. The Department of Revenue has indicated that no adminis trative costs would result to the Department from this bill's enactment.

/s/ G.W. Hogan State Auditor

/s/ C.T. Stevens Director, Office of Planning and Budget

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Broun

WEDNESDAY FEBRUARY 22, 1989

1075

Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge English Engram Fincher Foster Fuller

Garner Gillis Hammill Harris Muggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy

Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Coleman

Howard Kennedy (presiding) Phillips

Shumake Starr

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 485. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current payment of income taxes, so as to change and correct a date in the table of times for installment payments of estimated taxes.
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:

February 6, 1989

SUBJECT: Fiscal Note - House Bill 485 (LC 14 5181ER) Income Tax: Estimated Tax

This bill would make a technical correction to provisions (which became effective April 11, 1988) related to installment payments of estimated taxes by corporations. The first pay ment of installments made in thirds would be required to be made before the first day of the sixth month instead of before the last day of the sixth month. If enacted, this bill would become effective upon the Governor's approval or upon becoming law without such approval and would apply to taxable years beginning on or after January 1 of the calendar year in which this bill takes effect.

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JOURNAL OF THE SENATE

This bill would have no fiscal impact on state revenues.

/s/ G.W. Hogan State Auditor

/s/ C.T. Stevens Director, Office of Planning and Budget

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun Burton Clay Collins Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Coleman

Coverdell Kennedy (presiding) Shumake

Starr Taylor Timmons

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 19. By Representative Parham of the 105th: A resolution designating the Thomas Humphrey Highway. Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun Burton

Clay Collins Coverdell Deal Echols Edge English

Engram Fincher Foster Fuller Garner Hammill Harris

WEDNESDAY FEBRUARY 22, 1989

1077

Howard Huggins Johnson Kidd Land McKenzie Newbill
Olmstead

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd

Scott of 36th Stumbaugh Tate T, * ay Turner Tysinger
Walker

Those not voting were Senators:

Bowen
Brannon
Coleman Dawkins

Dean
Gillis
Kennedy (presiding) Langford

Parker
Shumake
Starr Timmons

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 71. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for additional penalties for the distribution or the possession with the intent to distribute certain dangerous drugs.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Fuller Garner Hammill Harris Huggins Johnson Kidd Land Langford Newbill

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Bowen Brannon
Gillis Howard

Kennedy (presiding) McKenzie
Olmstead Shumake

Starr Timmons
Walker

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 181. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Code Section 33-5-25 of the Official Code of Georgia Annotated, relating to the duties of a broker in placing insurance with an unauthorized in surer, so as to provide that a broker shall use current available reliable financial information about unauthorized insurers, to provide conditions for the placement of insurance.
Senate Sponsor: Senator Clay of the 37th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon Broun Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge

English Engrain Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Newbill

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Barnes Bowen Coleman Fincher

Kennedy (presiding) Langford Olmstead Parker

Starr
Tate Timmons

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 134. By Representatives Green of the 106th, Ricketson of the 82nd and Parrish of the 109th:
A bill to amend Code Section 27-4-92 of the Official Code of Georgia Annotated, relating to use of fish baskets in commercial fresh-water fishing, so as to limit the number of fish baskets allowed on Lake Sinclair and Lake Oconee to three bas kets per person.
Senate Sponsor: Senator English of the 21st.

WEDNESDAY FEBRUARY 22, 1989

1079

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon Broun Burton Coleman Collins Coverdell Dawkins Deal Dean Echols English

Engram Fincher Gillis Hammill Harris Howard Muggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Barnes Bowen Clay Edge

Foster Fuller Garner Kennedy (presiding)

Parker Peevy Starr Timmons

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 481. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of the 'Georgia Public Revenue Code,' so as to provide for service of notices of assessments and notices of proposed assess ments by first-class mail to the address shown on the records of the department.
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:

February 7, 1989

1080

JOURNAL OF THE SENATE

SUBJECT: Fiscal Note - House Bill 481 (LC14 5179ER) Tax Assessments: Written Notices
This bill would allow the Department of Revenue to send a written notice of (tax or license fee) assessment by first-class mail to the last known address of a taxpayer. Current provisions require the use of registered or certified mail if the total assessment amount is greater than $600 and under certain other conditions. The bill would also provide that a notice is sufficiently served when it is sent to the last known address of a taxpayer, even when such notice is returned through the mail. If enacted, this bill would become effective upon the Governor's approval or upon becoming law without such approval and would apply to notices mailed after January 1, 1989.
This bill would have no fiscal impact on state revenues.

Isl G.W. Hogan State Auditor

/s/ C.T. Stevens Director, Office of Planning and Budget

The report of the committee, which was favorable to the passage of the bill, was agreed
to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Broun Collins Deal Echols

Foster Garner Gillis Harris Kidd Langford McKenzie

Peevy Perry Ragan of 10th Ray Stumbaugh Timmons Turner

Those voting in the negative were Senators:

Barker Burton Clay Dawkins Dean Edge Engram Fincher

Fuller Hammill Howard Huggins Johnson Land Newbill Olmstead

Pollard Ragan of 32nd Scott of 2nd Scott of 36th Shumake Tate Tysinger Walker

Those not voting were Senators:

Bowen Brannon Coleman Coverdell

English Kennedy (presiding) Parker

Phillips Starr Taylor

On the passage of the bill, the yeas were 22, nays 24.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Turner of the 8th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 481.

WEDNESDAY FEBRUARY 22, 1989

1081

HB 4. By Representative Richardson of the 52nd:
A bill to amend Chapter 8 of Title 37 of the Official Code of Georgia Annotated, relating to the treatment of alcoholics and intoxicated persons, so as to change the effective date.
Senate Sponsor: Senator Howard of the 42nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie

Newbill Olmstead Peevy Perry Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Starr Stumbaugh Timmons Turner Tysinger Walker

Voting in the negative were Senators Shumake and Tate.

Those not voting were Senators:

Baldwin Bowen Coleman

Coverdell Kennedy (presiding) Parker

Phillips Ragan of 32nd Taylor

On the passage of the bill, the yeas were 45, nays 2.

The bill, having received the requisite constitutional majority, was passed.

HB 344. By Representatives Byrd of the 153rd, Watson of the 114th and Kilgore of the 42nd:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, and lowvoltage contractors, so as to require applicants for licensure who fail the exami nation twice to present evidence of completion of a review course before being admitted to a third examination.
Senate Sponsor: Senator Dawkins of the 45th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Barker
Barnes Bowen B, ruaorutonn
C 01ij ns j}eaj D ean Echols Edge English Engram

Fincher Foster Fuller
Gillis Hammill HHoarwriasrd
Huggins Johnson Land Newbill Olmstead Peevy Perry

Pollard Ragan of 10th Ray
Scott of 2nd Scott of 36th SShtaurmr ake
Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Baldwin
BCroflenmnoann Coverdell Dawkins

Garner Kennedy (presiding)
Kldd Langford

McKenzie Parker
Phillips Ragan of 32nd

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 367. By Representatives Watson of the 114th and Jackson of the 9th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds created for the purpose of pro viding workers' compensation benefits, so as to change the provisions relating to securities deposit; to provide that certain funds shall be exempt from the securi ties deposit or surety bond requirements after a certain period of time.
Senate Sponsor: Senator Stumbaugh of the 55th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Coverdell Dawkins

Deal Dean Echols Edge English Engram Fincher Foster Fuller Gillis Hammill Harris Howard

Huggins Johnson Land Langford Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray

WEDNESDAY FEBRUARY 22, 1989

1083

Scott of 2nd
Scott of 36th Starr
Stumbaugh

Tate
Taylor Timmons

Turner
Tysinger Walker

Those not voting were Senators:

Coleman Garner Kennedy (presiding)

Kidd McKenzie

Parker Shumake

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 120. By Representatives Cummings of the 17th and Parrish of the 109th:
A bill to repeal an Act entitled "To amend Code Section 47-4-100 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the Public School Employees Retirement System, so as to provide that a member who has 40 or more years of creditable service may elect to retire in the same manner and with the same benefits as a member who has reached his normal retirement date".
Senate Sponsor: Senator Timmons of the llth.

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

State Auditor's Certification

TO:

The Honorable Bill Cummings

State Representative

FROM:

G.W. Hogan, State Auditor

DATE:

September 16, 1988

SUBJECT: LC 7 7046 HB 120 Public School Employees Retirement System

This Bill would repeal an Act that would allow any member of the Public School Em ployees Retirement System (PSERS) to retire on the first day of any month following the month in which the member obtains 40 years of creditable service. These members would receive the same retirement benefits as those who retire after reaching the age of 65 (normal retirement). This Act was passed during the 1988 session but not concurrently funded. If enacted, this Bill would become effective July 1, 1988.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.

1st G.W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Dawkins ghvc Deal Dean Echols Edge English

Engrain Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Land Langford McKenzie Newbill Olmstead 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 voting were Senators:

Coleman Coverdell

Garner Kennedy (presiding)

Kidd Parker

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 616. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of probationers to inform their probation supervisors of their places of residence and whereabouts and violations in connection therewith, so as to change the provisions relative to the tolling of sentences.

The following bill of the House was read the first time and referred to committee:

HB 616. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of probationers to inform their probation supervisors of their places of residence and whereabouts and violations in connection therewith, so as to change the provisions relative to the tolling of sentences.
Referred to Committee on Corrections.

WEDNESDAY FEBRUARY 22, 1989

1085

The following general bills of the House and Senate, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 464. By Representatives Reaves of the 147th, Godbee of the 110th, Balkcom of the 140th and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length of vehicles and loads, so as to provide an exemption for certain vehicles and combinations of vehicles from the maximum length requirements of such Code section.
Senate Sponsor: Senator English of the 21st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
owen rannon
QJ Collins Coverdell Dawkins Deal Echols Edge

English Engram Fincher poster Fuller
Gillis Hammill H,HToarwriasrd, Huggins Land Langford McKenzie Newbill Olmstead

Perry Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th SSr.,ttuamrrbi aughi Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Coleman Dean Garner Johnson

Kennedy (presiding) Kidd Parker

Peevy Phillips Shumake

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 202. By Representatives Twiggs of the 4th, Colwell of the 4th, Dover of the llth, Reaves of the 147th and Langford of the 7th:
A bill to amend Code Section 27-1-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the game and fish laws, so as to change certain definitions; to amend Code Section 27-4-74 of the Official Code of Georgia Annotated, relating to the sale, purchase, or transportation of game fish gener ally, so as to exempt farmed domestic fish from the prohibitions of the Code section.
Senate Sponsor: Senator English of the 21st.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon
Broun Burton
Clay Collins Coverdell Dawkins Deal Echols

Edge Engram Fincher Foster Fuller Gillis Hammill
Howard Huggins
Johnson Kidd Land Langford McKenzie Newbill

Olmstead Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Starr
Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Coleman Dean English Garner

Harris Kennedy (presiding) Parker Phillips

Scott of 36th Shumake Timmons

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 265. By Representatives Orrock of the 30th, McDonald of the 12th and Dunn of the 73rd:
A bill to amend Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to the regulation of aeronautics, aircraft, and airports generally, so as to provide that no person may operate any aircraft in this state within eight hours after the consumption of an alcoholic beverage, while under the influence of alco hol, or while using any drug that affects such person's faculties.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Special Judiciary offered the following substitute to HB 265:

A BILL
To be entitled an Act to amend Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to the regulation of aeronautics, aircraft, and airports generally, so as to provide that no person may operate any aircraft in this state within eight hours after the consumption of an alcoholic beverage, while under the influence of alcohol, while using any drug that affects such person's faculties, or while there is 0.04 percent or more alcohol in his blood; to provide for chemical testing; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to the

WEDNESDAY FEBRUARY 22, 1989

1087

regulation of aeronautics, aircraft, and airports generally, is amended by inserting immedi ately following Code Section 6-2-5 a new Code Section 6-2-5.1 to read as follows:
"6-2-5.1. (a) A person shall not operate or be in actual physical control of an aircraft in this state:
(1) Within eight hours after the consumption of any alcoholic beverage;
(2) While under the influence of alcohol;
(3) While using any drug that affects such person's faculties in any way contrary to safety; or
(4) While there is 0.04 percent or more by weight of alcohol in his blood.
(b) Any person arrested for violation of this Code section shall, at the request of a law enforcement officer of the state or any political subdivision, be administered a test as pro vided by and subject to the restrictions of subsection (a) of Code Section 40-6-392.
(c) A person who violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $2,000.00."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Broun Burton Clay Collins Coverdell Dawkins Echols Edge English Engram

Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Baldwin
Coleman Deal Dean

Garner Kennedy (presiding) Parker

Peevy Phillips
Starr

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

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JOURNAL OF THE SENATE

SB 123. By Senators Stumbaugh of the 55th, Dean of the 31st and Deal of the 49th:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for a definition; to require the installation of an ignition interlock device as a condition of probation for certain persons convicted of the offense of driving under the influence of alcohol or drugs; to require such devices for reinstatement of certain drivers' licenses and as a condi tion of obtaining a limited driving permit.
The Senate Committee on Judiciary offered the following substitute to SB 123:
A BILL
To be entitled an Act to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for a definition; to require the installation of an ignition interlock device as a condition of probation for certain persons convicted of the offense of driving under the influence of alcohol or drugs; to require such devices for reinstatement of certain drivers' licenses and as a condition of obtaining a limited driving permit; to provide for violations and penalties; to provide for procedures for reporting to the court and related matters; to provide for certification of ignition interlock devices by the Department of Public Safety; to provide for guidelines regarding ignition interlock devices; to provide for warning labels; to provide exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA;
Section 1. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by adding at the end thereof a new Article 6 to read as follows:
"ARTICLE 6
42-8-100. As used in this article, the term 'ignition interlock device' means a constant monitoring device certified by the commissioner of public safety which prevents a motor vehicle from being started at any time without first determining the equivalent blood alco hol level of the operator through the taking of a deep lung sample. The system shall be calibrated so that the motor vehicle may not be started if the blood alcohol level of the operator, as measured by the device, exceeds the level established by the court.
42-8-101. (a) In addition to any other provision:
(1) Upon the first conviction to a charge of violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, for which a person is granted probation, the court may order that such person not drive a motor vehicle for the duration of such period of probation unless such vehicle is equipped with a functioning, certified ignition interlock device;
(2) Upon the second or subsequent conviction of a charge of violating Code Section 406-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, for which probation is granted, the court shall order that such person not drive a motor vehicle for the duration of such probation unless such vehicle is equipped with a functioning, certified igni tion interlock device; and
(3) For the purposes of paragraphs (1) and (2) of this subsection a plea of nolo contendere shall constitute a conviction.
(b) Except as otherwise provided in this article, the court may order the installation of a certified ignition interlock device on any vehicle which any person subject to paragraph (1) of subsection (a) of this Code section owns or operates and shall order the installation of such a device on any vehicle owned or operated by any person subject to paragraph (2) of subsection (a) of this Code section.

WEDNESDAY FEBRUARY 22, 1989

1089

(c) If use of an ignition interlock device is ordered, the court shall include in the record of conviction or violation submitted to the Department of Public Safety the requirement for, and the period of the requirement for, the use of a certified ignition interlock device. The records of the Department of Public Safety shall contain a record reflecting mandatory use of such device and the person's driver's license shall contain a notation that the person may only operate a motor vehicle equipped with a functioning, certified ignition interlock device.
42-8-102. (a) If the court imposes the use of an ignition interlock device as a condition of probation on a person whose driving privilege is not suspended or revoked, the court shall require the person to provide proof of compliance with such order to the court or the proba tion officer within 30 days. If the person fails to provide proof of installation within that period, absent a finding by the court of good cause for that failure, which finding is entered in the court's record, the court shall revoke or terminate the person's probation.
(b) If the court imposes the use of an ignition interlock device as a condition of proba tion on a person whose driving privilege is suspended or revoked, the court shall require the person to provide proof of compliance with such order to the court or probation officer and the Department of Public Safety. If the person fails to provide proof of installation not later than the date on which such suspension or revocation concludes, the department shall not reinstate such person's license and, absent a finding by the court of good cause for that failure, which finding is entered on the court's record, the court shall revoke or terminate the person's probation. If the person is authorized under Code Section 40-5-70 to apply for reinstatement of his or her driver's license during the period of suspension or if the person is authorized under Code Section 40-5-71 to obtain a limited driving permit, such person shall install an ignition interlock device as a condition of such reinstatement or permit. Failure to show proof of such device shall be grounds for immediate suspension of such license or permit.
(c) If any person subject to imposition of the use of an ignition interlock system claims inability to pay for the installation ordered pursuant to subsection (b) of Code Section 42-8101, the court shall determine the person's ability to pay and shall structure a payment schedule if necessary. The person shall provide proof of installation as provided in subsec tion (a) or (b) of this Code section.
(d) Each person who is required to use an ignition interlock device pursuant to this article shall report to the court or the probation officer at least once annually, and more frequently as the court may order, on the operation of each interlocking ignition device in the person's vehicle or vehicles.
42-8-103. (a) No person shall knowingly rent, lease, or lend a motor vehicle to a person known to have had his or her driving privilege restricted as a condition of probation as provided in this article, unless the vehicle is equipped with a functioning, certified ignition interlock device. Any person whose driving privilege is restricted as a condition of probation as provided in this article shall notify any other person who rents, leases, or loans a motor vehicle to him or her of such driving restriction.
(b) Any person convicted of a violation of subsection (a) of this Code section shall be guilty of a misdemeanor.
42-8-104. (a) Notwithstanding Code Sections 42-8-101 through 42-8-103, if a person is required to operate a motor vehicle in the course and scope of his or her employment and if the vehicle is owned by the employer, the person may operate that vehicle without installa tion of an approved ignition interlock device if the employer has been notified by the person that the person's driving privilege has been restricted under this article and if the person has proof of that notification in his or her possession or the notice, or a facsimile copy thereof, is with the vehicle.
(b) A motor vehicle owned by a business entity, which business entity is all or partly owned or controlled by a person otherwise subject to this article, is not a motor vehicle owned by the employer subject to the exemption in subsection (a) of this Code section.

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42-8-105. (a) The commissioner of public safety shall certify or cause to be certified ignition interlock devices required by this article and shall promulgate rules and regulations for the certification of said devices. The standards for certification of such devices shall include, but not be limited to, the following:
(1) The device shall not impede the safe operation of the vehicle;
(2) The device shall have features that make circumventing it difficult and that do not interfere with the normal use of the vehicle;
(3) The device shall correlate well with established measures of alcohol impairment;
(4) The device shall work accurately and reliably in an unsupervised environment;
(5) The device shall resist tampering and give evidence if tampering is attempted;
(6) The device shall be difficult to circumvent and shall require premeditation to do so;
(7) The device shall require a deep lung breath sample as a measure of blood alcohol concentration equivalence;
(8) The device shall operate reliably over the range of automobile environments;
(9) The device shall be manufactured by a party who will provide liability insurance; and
(10) The device shall be backed by a company that can provide a focal point of respon sibility for the installation, maintenance, and service of such device.
(b) The commissioner of public safety may utilize information from an independent agency to certify ignition interlock devices on or off the premises of the manufacturer in accordance with guidelines developed pursuant to this article. The cost of certification shall be borne by the manufacturers of interlock ignition devices.
(c) The commissioner of public safety shall adopt guidelines for determining the accu racy of and proper use of the ignition interlock devices in full compliance with this article. No model of ignition interlock device shall be certified unless it meets the accuracy require ments specified by such guidelines.
(d) Before certifying any device, the Department of Public Safety shall consult with the National Highway Traffic Safety Administration regarding the use of ignition interlock devices.
42-8-106. The Department of Public Safety shall design and adopt by regulation a warning label which shall be affixed to each ignition interlock device upon installation. The label shall contain a warning that any person tampering, circumventing, or otherwise misus ing the device is guilty of a misdemeanor and may be subject to civil liability.
42-8-107. (a) In the event the sentencing court finds that a person has violated the terms of probation imposed pursuant to subsection (a) of Code Section 42-8-101, the De partment of Public Safety shall revoke that person's driving privilege for one year from the date the court revokes that person's probation.
(b) In the event the sentencing court finds that a person has twice violated the terms of probation imposed pursuant to subsection (a) of Code Section 42-8-101 during the same period of probation, the Department of Public Safety shall revoke that person's driving privilege for five years from the date the court revokes that person's probation for a second time.
42-8-108. (a) It is unlawful for any person whose driving privilege is restricted pursuant to subsection (a) of Code Section 42-8-101 to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.
(b) It is unlawful for any person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor

WEDNESDAY FEBRUARY 22, 1989

1091

vehicle to a person whose driving privilege is restricted pursuant to subsection (a) of Code Section 42-8-101.
(c) It is unlawful to tamper with, or circumvent the operation of, an ignition interlock device.
(d) Any person violating any provision of this Code section shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Dean Echols

Edge English Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford

McKenzie Newbill Olmstead Peevy Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Taylor Turner Tysinger

Those voting in the negative were Senators:

Bowen

Perry

Walker

Those not voting were Senators:

Deal Garner Kennedy (presiding)

Parker Shumake Starr

Tate Timmons

On the passage of the bill, the yeas were 45, nays 3.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 169. By Representatives Redding of the 50th, Powell of the 145th and Harris of the 84th:
A bill to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manu facture, distribution, and package sales of distilled spirits, so as to require appli cants for retail dealer licenses to publish notices of intent.
Senate Sponsor: Senator Scott of the 2nd.

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JOURNAL OF THE SENATE

The Senate Committee on Consumer Affairs offered the following substitute to HB 169:

A BILL
To be entitled an Act to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manufac ture, distribution, and package sales of distilled spirits, so as to require applicants for retail dealer licenses to publish notices of intent; to provide for content of notice; to provide re strictions; to provide for proof of publication; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA;
Section 1. Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manufacture, distribution, and package sales of distilled spirits, is amended by adding, immediately following Code Section 3-4-26, a new Code Section 3-4-27 to read as follows:
"3-4-27. (a) No application for a retail dealer license for the sale of distilled spirits shall be acted upon until after the application has published in the newspaper which publishes the legal advertisements of the county wherein such person proposes to engage in business a notice of his intention to secure a retail dealer license. Such notice shall be published at least once during the 30 days immediately preceding the filing of the application for a li cense. Such notice shall be in large boldface type and shall state:
(1) The type of license for which application has been filed;
(2) The exact location of the place of business for which a license is sought;
(3) The names and addresses of each owner of the business; and
(4) If the applicant is a corporation, the names and titles of all corporate officers.
(b) Proof of publication of the notice required by this Code section shall be attached to an application for a retail dealer license.
(c) An applicant for a renewal license shall not be subject to the notice requirements of this Code section."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Burton Clay Collins

Coverdell Dean Echols Edge English Engram Fincher Foster Fuller Gillis

Hammill Harris Howard Johnson Kidd Land Langford Newbill Peevy Perry

WEDNESDAY FEBRUARY 22, 1989

1093

Phillips Pollard Ragan of 10th Ragan of 32nd Ray

Scott of 2nd Scott of 36th Shumake Stumbaugh Tate

Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun Coleman Dawkins Deal

Garner Huggins Kennedy (presiding) McKenzie

Olmstead Parker Starr

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 483. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and to thereby incorporate provisions of federal law into Georgia law; to provide that terms used in the Georgia law shall have the same meaning as when used in a comparable provision or context in federal law.
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:

February 7, 1989

SUBJECT: Fiscal Note - House Bill 483 (LC 14 5178ER) Income Tax: Incorporate Federal Law to Georgia Law

This bill would allow the technical corrections (to the Tax Reform Act of 1986) and revenue provisions of the Omnibus Reconciliation Act of 1987 (December 22, 1987) to apply to Georgia income tax law. The Georgia Revenue Code definition of the "Internal Revenue Code of 1986" would be revised to include changes made to the Internal Revenue Code during 1988. If enacted, this bill would become effective upon the Governor's approval or upon becoming law without such approval and would apply to taxable years beginning on or after January 1, 1989. Provisions of the Internal Revenue Code of 1986 which were (as of January 1, 1989) enacted into law but are not yet effective would become effective for state taxation on the same dates upon which they became effective for federal tax purposes.

This bill would have an insignificant fiscal impact upon state revenues.

is/ G.W. Hogan State Auditor

/s/ C.T. Stevens Director, Office of Planning and Budget

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Burton Clay Coleman Collins Coverdell Dean Echols Edge

English Engram Foster Fuller Gillis Hammill Harris Howard Huggins Kidd Land Langford Newbill Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Walker

Those not voting were Senators:

Broun Dawkins Deal Fincher Garner

Johnson Kennedy (presiding) McKenzie Olmstead

Parker Scott of 2nd Taylor Tysinger

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 546. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend an Act which amended Chapter 1 of Title 51 of the Official Code of Georgia Annotated, and which provided that certain persons shall not be liable for the acts of intoxicated persons who are of legal drinking age, so as to correct a typographical error in a cross-reference.
Senate Sponsors: Senators Deal of the 49th and Peevy of the 48th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon

Burton Clay Coleman Collins Coverdell Dawkins Deal

Dean Echols Edge English Engram Fincher Foster

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1095

Fuller Gillis Harris Hward
Eon Kidd Land Langford Newbill

Peevy Perry Phillips Pollard
RaganoflOth Ragan of 32nd Ray Scott of 2nd Scott of 36th

Shumake Starr Stumbaugh Tate
Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun Garner Hammill

Kennedy (presiding) McKenzie

Olmstead Parker

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Barnes of the 33rd introduced the doctor of the day, Dr. Tony Musarra, of Marietta, Georgia.

The following resolution and bill of the House, favorably reported by the committees, were read the third time and put upon their passage:

HR 74. By Representatives Jamieson of the llth and Dover of the llth: A resolution designating the U. S. 441 Business Historic Route. Senate Sponsor: Senator Foster of the 50th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Hammill Harris Huggins Kidd Land Langford McKenzie Newbill Parker Peevy

Perry Phillips Pollard Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Barnes Brannon Broun Coleman Fuller

Garner Gillis Howard Johnson Kennedy (presiding)

Olmstead Ragan of loth
Scott of 2nd Timmons

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 412. By Representatives Murphy of the 18th, Watts of the 41st and Cummings of the 17th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of this state, so as to change the terms for the Superior Courts of the Tallapoosa Judicial Circuit.
Senate Sponsors: Senators Deal of the 49th and Dean of the 31st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Burton Clay
Coleman Collins Coverdell Dawkins Deal

Dean Echols Edge English Engram Fincher Foster Fuller Hammill Johnson Kidd Newbill Olmstead Parker

Those not voting were Senators:

Peevy Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Tysinger Walker

Broun Garner Gillis Harris Howard

Huggins Kennedy (presiding) Land Langford McKenzie

Perry Shumake Timmons Turner

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY FEBRUARY 22, 1989

1097

The following general bill of the Senate, having been read the third time on February 21 and postponed until February 22, was put upon its passage:
SB 280. By Senator Howard of the 42nd:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to re strict the authority of the State Board of Pardons and Paroles to parole persons convicted of certain felonies until such persons have served at least one-third of the sentence imposed by the court for any such felony.
Senator Howard of the 42nd moved that SB 280 be postponed until February 23.
On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 280 was post poned and placed on the Senate General Calendar.
The following general bills of the House, favorably reported by the committee, were read the third time and put upon their passage:
HB 140. By Representatives Thomas of the 69th and Chambless of the 133rd:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to provide exemptions for such authorities from the requirements of Article 4 of Chapter 18 of Title 50, relating to open meetings; to provide for such exemptions to be com parable to those exemptions granted such authorities in Chapter 14 of Title 50, relating to open records.
Senate Sponsor: Senator Deal of the 49th.
Senator Shumake of the 39th offered the following amendment:
Amend HB 140 by inserting on line 6 of page 1 after the word and symbol "informa tion;" the following:
"to provide that such authorities shall publish an annual report of revenue receipts and expenditures;".
By renumbering Sections 2, 3, and 4 as Sections 3, 4, and 5, respectively, and by in serting a new Section 2 to read as follows:
"Section 2. Said article is further amended by inserting immediately following Code Section 31-7-93 a new Code Section 31-7-93.1 to read as follows:
'31-7-93.1. Each hospital authority having an annual operating budget of $150 million or more shall publish in a daily newspaper of general circulation within the area of that authority's operations an annual statement of all revenue received from issuance of revenue bonds during the period, a statement of the total expenditures made from such revenue during the period, and a list of: (1) all contracts entered into during such period by the authority which call for that authority to expend at any time in the aggregate more than $50,000.00 from such revenue; (2) all employment or consultant contracts entered into dur ing such period under which the employee or consultant is to be compensated at an annual rate of more than $20,000.00 from such revenue; and (3) each person, firm, or corporation which has received from that authority during such period in excess of $20,000.00 from such revenue, as well as the amount paid to such person, firm, or corporation from such revenue during such period.'"
On the adoption of the amendment, Senator Shumake of the 39th called for the yeas and nays; the call was sustained, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Brannon Burton Coverdell Engram Foster

Fuller Huggins McKenzie Newbill Parker

Those voting in the negative were Senators:

Phillips Ragan of 10th Ragan of 32nd Shumake Tate

Albert Allgood Baldwin Barker Barnes Bowen Broun Coleman Collins Dawkins Deal Dean

Edge English Gillis Hammill Harris Howard Johnson Kidd Land Langford Olmstead Peevy

Perry Pollard Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Echols Fincher

Garner

Kennedy (presiding)

On adoption of the amendment, the yeas were 16, nays 36, and the amendment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Edge

English Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Taylor Timmons Turner Tysinger Walker

WEDNESDAY FEBRUARY 22, 1989

1099

Those not voting were Senators:

Echols Garner

Kennedy (presiding)

Tate

Stumbaugh

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 335. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th, Groover of the 99th and others:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, known as the "Georgia Business Corporation Code," so as to revise said chapter; to provide that each provision of such chapter shall have independent legal sig nificance; to correct typographical, grammatical, stylistic, and punctuation errors and omissions; to change the provisions relating to filing requirements.
Senate Sponsor: Senator Johnson of the 47th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Deal Dean Edge

English Engram Fincher Gillis Hammill Harris Howard Huggins Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Dawkins Echols Foster

Fuller Garner Johnson

Kennedy (presiding) Scott of 2nd

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 12:03 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Thursday, February 23, 1989 Thirtieth Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by Senator Kennedy of the 4th, President Pro Tempore.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
Senator Turner of the 8th moved that the Senate reconsider its action of February 22 in defeating the following bill of the House:
HB 481. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th: A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of the "Georgia Public Revenue Code," so as to provide for service of notices of assessments and notices of proposed assess ments by first-class mail to the address shown on the records of the department.
On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 481 was recon sidered and placed at the foot of the Senate General Calendar.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 855. By Representative Royal of the 144th: A bill to amend an Act creating a new charter for the City of Camilla, so as to provide that a vacancy in the office of mayor or councilman shall be filled by special election.
HB 856. By Representative Royal of the 144th: A bill to amend an Act providing a new charter for the City of Funston, 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 857. By Representative Royal of the 144th: A bill to amend an Act incorporating the City of Sale City in Mitchell County, 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 858. By Representatives Godbee of the 110th and Lane of the lllth: A bill to amend an Act creating the State Court of Bulloch County, so as to change the compensation of the judge and solicitor of said court.

THURSDAY, FEBRUARY 23, 1989

1101

HB 859. By Representatives Chance of the 129th and Floyd of the 154th: A bill to amend an Act incorporating the City of Riceboro in Liberty County, so as to change the provisions relating to the corporate limits of said city.
HB 861. By Representatives Buck of the 95th, Robinson of the 96th, Bishop of the 94th, Steele of the 97th, Moultrie of the 93rd and others: A bill to amend an Act establishing the State Court of Muscogee County, so as to change the compensation of the solicitor of said court; to change the provisions relating to the compensation of full-time assistant solicitors.
HB 865. By Representative Dixon of the 151st: A bill to amend an Act providing a new charter for the City of St. Marys, so as to change the provisions relating to the filling of vacancies in the office of mayor or any councilmember.
HB 866. By Representative Murphy of the 18th: A bill to provide authority for the imposition of county law library fees as a part of the court costs in the Magistrate Court of Haralson County.
HB 867. By Representatives Cummings of the 17th and Murphy of the 18th: A bill to provide authority for the imposition of county law library fees as a part of the court costs in the Magistrate Court of Polk County.
HB 868. By Representatives Cummings of the 17th and Murphy of the 18th: A bill to create a board of elections and registration for Polk County and provide for its powers and duties.
HB 869. By Representative Carrell of the 65th: A bill to provide for the collection of an additional fee for the benefit of the Walton County Law Library on each case filed in the Magistrate Court of Walton County.
HB 870. By Representatives Clark of the 13th and Irwin of the 13th: A bill to amend an Act amending, consolidating, and superseding the several Acts incorporating the City of Danielsville and providing a new charter therefor, so as to establish the terms of office of the mayor and councilmen.
HB 871. By Representatives Clark of the 13th and Irwin of the 13th: A bill to amend an Act creating a new charter for the City of Colbert, so as to establish the terms of office of the mayor and councilmen.
HB 872. By Representatives Clark of the 13th and Irwin of the 13th: A bill to amend an Act incorporating the City of Ila in the County of Madison, so as to establish the terms of office of the mayor and councilmen.
HB 874. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to amend an Act known as the "Newton County Water and Sewerage Au thority Act," so as to change certain provisions relating to the membership of the Authority.

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HB 875. By Representative Stancil of the 66th:
A bill to create the Morgan County Water and Sewerage Authority.
HB 248. By Representatives Crosby of the 150th, Royal of the 144th and Coleman of the 118th:
A bill to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to require cer tain local authorities to file an annual report of indebtedness with the Depart ment of Community Affairs.
HB 195. By Representatives Jamieson of the llth, Moore of the 139th, Parham of the 105th, Twiggs of the 4th and Gresham of the 21st:
A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Food Act," so as to change the provisions relating to misleading advertisements.
HB 876. By Representative Murphy of the 18th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions of law affecting the General Assembly, so as to pro vide that unless otherwise provided by concurrent resolution the General Assem bly shall during regular sessions automatically adjourn on Fridays and reconvene on Mondays.
HB 166. By Representative Birdsong of the 104th:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools so as to prohibit the up braiding, insulting, or abusing of any public school teacher or public school bus driver upon the premises of any public school in the presence and hearing of a pupil thereof.
HB 319. By Representatives Alford of the 57th, Connell of the 87th, Chambless of the 133rd, Porter of the 119th and Robinson of the 96th:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the general provisions relating to workers' compensation, so as to provide exclusivity of rights and remedies granted to employees under the chapter and actions against third-party tort-feasors or other persons provid ing workers' compensation benefits.
HB 768. By Representative Edwards of the 112th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to au thorize the State Personnel Board to contract with the Georgia Hazardous Waste Management Authority for the inclusion in the health insurance plan of employ ees and retiring employees of the authority and their spouses and dependent children.
HB 214. By Representative McDonald of the 12th:
A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Un employment Trust Fund.

THURSDAY, FEBRUARY 23, 1989

1103

HB 449. By Representatives Mangum of the 57th, Athon of the 57th and Moore of the 139th:
A bill to amend Code Section 20-2-162 of the Official Code of Georgia Annotated, relating to midterm adjustments under the "Quality Basic Education Act," so as to provide for midterm adjustments relative to school systems that qualify for middle school grants.
HB 501. By Representatives Bannister of the 62nd and Barnett of the 59th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to ex empt persons not domiciled in Georgia from certain provisions.
HB 400. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize certain boards of registrars to correct the list of elec tors and issue new registration cards upon receipt of actual knowledge that an elector has moved.
HB 314. By Representatives Dixon of the 151st, Crosby of the 150th, Harris of the 84th, Bostick of the 138th and Barnett of the 10th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to regulate motor vehicle service contracts and motor vehicle service contract reimbursement insurance policies; to define certain terms; to prohibit the issuance or sale of motor vehicle service contracts unless the pro vider of the service contract is insured under a motor vehicle service contract reimbursement insurance policy.
HB 503. By Representative Childers of the 15th:
A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, so as to provide for continuing education requirements; to change the provisions relating to reciprocity; to provide for notification regarding complaints and disposition thereof.
HB 566. By Representatives Ware of the 77th, Groover of the 99th, Jones of the 71st, Robinson of the 96th, Lawson of the 9th and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and general requirements for the transaction of in surance, so as to provide a means whereby any insurer organized under the laws of any other state may become a domestic insurer; to provide a means for any domestic insurer to transfer its domicile to another state.
HB 223. By Representatives Smyre of the 92nd, Hooks of the 116th, Coleman of the 118th and Lawson of the 9th:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, known as the "Geo. L. Smith II Georgia World Congress Center Act," so as to provide that the Geo. L. Smith II Georgia World Congress Center Authority may incur taxable or nontaxable debt; to authorize such authority to fix rentals, fees, prices, charges, and other terms, conditions, and considerations in connection with the use of any project or part thereof or combination thereof.

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HB 75. By Representatives Snow of the 1st, McCoy of the 1st, Poston of the 2nd, Poag of the 3rd, Foster of the 6th and others:
A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," so as to provide that if the county or municipality in which a hazardous waste facility is to be located disapproves the issuance of a permit for the facility, the permit shall be disapproved by the Director of the Environmental Protection Division.
SB 331. By Senators Burton of the 5th, Walker of the 43rd, Howard of the 42nd and others:
A bill to amend an Act creating a new charter for the City of Stone Mountain, as amended, so as to deannex certain territory from the corporate limits of said city.
SB 147. By Senator Barnes of the 33rd:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to authorize local boards of education to establish sick leave banks or pools of voluntarily contrib uted employee sick leave days; to provide for contributions; to provide for the use of such days; to provide for practices, procedures, and requirements relative to the foregoing.
SB 151. By Senators Turner of the 8th, McKenzie of the 14th and Coleman of the 1st:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for initial filings with the De partment of Banking and Finance instead of the Secretary of State in order to facilitate perfection of the filings between the department and the filing party; to provide the procedures connected therewith.
SB 141. By Senators Barnes of the 33rd and Starr of the 44th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for the regulation of dealers and suppliers of multiline heavy equipment; to define certain terms; to regulate the cancellation and renewal of agreements between dealers and suppli ers; to provide for notice of intent to amend or cancel an agreement.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 115. By Representatives Jackson of the 83rd and Ricketson of the 82nd:
A resolution providing that for state purposes the lake in northeastern Georgia will continue to be designated as the Clarks Hill Lake, Clarks Hill Reservoir, or Clarks Hill Area.
The House has agreed to the Senate amendment to the following bill of the House:
HB 658. By Representative Green of the 106th:
A bill to amend an Act relating to the Magistrate Court of Greene County, so as to change provisions relating to the compensation of the chief magistrate of that court and the number of the other magistrates of that court.

THURSDAY, FEBRUARY 23, 1989

1105

The House has agreed to the Senate substitutes to the following bills of the House:
HB 499. By Representatives Foster of the 6th, Colwell of the 4th, Twiggs of the 4th, Mur phy of the 18th, Coleman of the 118th and others:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to provide that over crowding of the prison system may create an emergency requiring additional cor rectional facilities either of a permanent type of construction or of a temporary or movable type.
HB 687. By Representative Green of the 106th:
A bill to amend an Act creating the Board of County Commissioners of Hancock County, so as to change the provisions relating to the compensation of the chairperson and members of the board and provide for an expense allowance.
HB 53. By Representatives Foster of the 6th, Colwell of the 4th, Harris of the 84th, Poag of the 3rd, Griffin of the 6th and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length limitations for vehicles and loads, so as to increase the maxi mum overall length of vehicles and semitrailers authorized; to provide limita tions; to provide a definition; to provide that the semitrailer shall be equipped with a rear underride guard.
HB 473. By Representatives Cheeks of the 89th, Godbee of the 110th, Harris of the 84th, Bostick of the 138th and Greene of the 130th:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, so as to change the length restrictions relative to certain vehicles.
The House insists on its position in amending the following bill of the Senate:
SB 38. By Senators Howard of the 42nd, Johnson of the 47th and Starr of the 44th:
A bill to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions regarding handicapped persons, so as to provide for a definition; to provide for the establishment of the Georgia Service Center for Hearing Impaired Persons and the service to be provided by that center.
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill of the House:
HB 96. By Representative Barnett of the 10th:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to change the provisions relating to compensation of court bailiffs and expense allowances for jurors.
The Speaker has appointed on the part of the House, Representatives Barnett of the 10th, Smith of the 78th and Porter of the 119th.

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JOURNAL OF THE SENATE

The House has agreed to the Senate substitute to the following bill of the House:
HB 492. By Representatives Benn of the 38th, Jackson of the 9th, Cummings of the 17th, Martin of the 26th, Hasty of the 8th and others:
A bill to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars, so as to provide for the removal of other personal property from private real property; to provide for posting of no tice; to provide for maximum removal and storage fees; to provide for a lien for such fees.
The House has agreed to the Senate amendments to the following bills of the House:
HB 90. By Representatives Thomas of the 69th, Groover of the 99th and Pettit of the 19th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.
HB 652. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to change the provisions relating to appointment of new members to the water and sewer authority board of directors.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 373. By Senator Kidd of the 25th:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to change the definition of certain terms; to change the provisions relating to qualifications for issuance of a certificate. Referred to Committee on Human Resources.
SB 374. By Senators Barker of the 18th, Burton of the 5th, Langford of the 35th and others:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish goals for the at-risk children and youth in the State of Georgia; to amend Code Section 45-12-78 of the Official Code of Georgia Annotated, relating to the duty of budget unit heads to submit annual estimates, so as to require the head of each budget unit to submit as a part of such unit's annual budget request certain information relating to programs af fecting children and youth. Referred to Committee on Children and Youth.
SB 375. By Senator Kennedy of the 4th:
A bill to amend an Act creating a new charter for the City of Ludowici, as amended, so as to provide that such city shall consist of one election district with five numbered posts; to provide for elections. Referred to Committee on Urban and County Affairs.

THURSDAY, FEBRUARY 23, 1989

1107

SB 376. By Senator Kidd of the 25th:
A hill to abolish the present method of compensating the clerk of the Superior Court of Jasper County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements. Referred to Committee on Urban and County Affairs.
SB 377. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and Barnes of the 33rd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 378. By Senators Gillis of the 20th, Ray of the 19th and English of the 21st:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to eliminate duplication of effort in the areas of radiation control; to designate the Department of Human Resources as the state agency responsible for the administration of the state-wide program for regulation and control of radiation generating equipment. Referred to Committee on Human Resources.
SB 379. By Senators Ragan of the 32nd, Newbill of the 56th, Barnes of the 33rd and Clay of the 37th:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to create the position of chief judge of the State Court of Cobb County; to change the compensation of the judges of the State Court of Cobb County; to provide for the power, authority, and functions of the chief judge; to provide for the salary of the chief judge. Referred to Committee on Urban and County Affairs.
SB 380. By Senator Olmstead of the 26th:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to define the term "paramedic clinical preceptor"; to provide that while in training preparatory to becoming cer tified, paramedic trainees may perform any of the functions specified in Code Section 31-11-54 under the direct supervision of an approved paramedic clinical preceptor. Referred to Committee on Human Resources.
SB 381. By Senator Brannon of the 51st:
A bill to amend Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for motorcycle riders, so as to change the requirement of wearing of headgear so that it will only apply to cer tain persons. Referred to Committee on Public Safety.
SB 382. By Senator Barker of the 18th:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide for designation of community innovation zones; to provide for their powers and du-

1108

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ties; to provide for development of decategorization of resources for children and youth service; to provide for development of alternative reimbursement systems. Referred to Committee on Children and Youth.
SB 383. By Senator Barker of the 18th: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide incentives for increasing local juvenile justice services; to provide for funding to assist counties in developing additional juvenile services; to provide for development of a formula for alloca tion of such funding; to provide effective dates.
Referred to Committee on Children and Youth.
SR 167. By Senator Barker of the 18th: A resolution commending Georgia Court Appointed Special Advocates (CASA).
Referred to Committee on Children and Youth.
SR 168. By Senator Coleman of the 1st: A resolution creating the Senate Transportation Study Committee.
Referred to Committee on Transportation.
SR 171. By Senator Coleman of the 1st: A resolution authorizing the exchange of certain state owned real properties lo cated in Chatham County, Georgia; to provide an effective date.
Referred to Committee on Public Utilities.
SR 172. By Senators Gillis of the 20th, English of the 21st, Muggins of the 53rd and others: A resolution creating the Senate State Parks System Study Committee.
Referred to Committee on Natural Resources.
SR 173. By Senators Gillis of the 20th, Ray of the 19th, English of the 21st and others: A resolution relative to a long-term capital gains tax differential for the owners of timberland.
Referred to Committee on Banking and Finance.
SR 175. By Senator McKenzie of the 14th: A resolution authorizing the conveyance of certain state owned real property lo cated in Sumter County, Georgia; to provide an effective date.
Referred to Committee on Public Utilities.
SR 176. By Senators Dean of the 31st, Olmstead of the 26th, Harris of the 27th and Barker of the 18th: A resolution creating the Commission to Establish the City of Macon as the Per manent Site of the Georgia Music Hall of Fame.
Referred to Committee on Rules.
SR 177. By Senator English of the 21st: A resolution creating the Senate Kenaf Plant Study Committee.
Referred to Committee on Agriculture.

THURSDAY, FEBRUARY 23, 1989

1109

The following bills and resolution of the House were read the first time and referred to committees:
HB 75. By Representatives Snow of the 1st, McCoy of the 1st, Poston of the 2nd and others:
A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," so as to provide that if the county or municipality in which a hazardous waste facility is to be located disapproves the issuance of a permit for the facility, the permit shall be disapproved by the Director of the Environmental Protection Division. Referred to Committee on Natural Resources.
HB 166. By Representative Birdsong of the 104th:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools so as to prohibit the up braiding, insulting, or abusing of any public school teacher or public school bus driver upon the premises of any public school in the presence and hearing of a pupil thereof. Referred to Committee on Education.
HB 195. By Representatives Jamieson of the llth, Moore of the 139th, Parham of the 105th, Twiggs of the 4th and Gresham of the 21st:
A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Food Act," so as to change the provisions relating to misleading advertisements. Referred to Committee on Governmental Operations.
HB 214. By Representative McDonald of the 12th:
A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Un employment Trust Fund. Referred to Committee on Appropriations.
HB 223. By Representatives Smyre of the 92nd, Hooks of the 116th, Coleman of the 118th and Lawson of the 9th:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, known as the "Geo. L. Smith II Georgia World Congress Center Act," so as to provide that the Geo. L. Smith II Georgia World Congress Center Authority may incur taxable or nontaxable debt; to authorize such authority to fix rentals, fees, prices, charges, and other terms, conditions, and considerations in connection with the use of any project or part thereof or combination thereof. Referred to Committee on Banking and Finance.
HB 248. By Representatives Crosby of the 150th, Royal of the 144th and Coleman of the 118th:
A bill to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to require cer tain local authorities to file an annual report of indebtedness with the Depart ment of Community Affairs. Referred to Committee on Banking and Finance.

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JOURNAL OF THE SENATE

HB 314. By Representatives Dixon of the 151st, Crosby of the 150th, Harris of the 84th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to regulate motor vehicle service contracts and motor vehicle service contract reimbursement insurance policies; to define certain terms; to prohibit the issuance or sale of motor vehicle service contracts unless the pro vider of the service contract is insured under a motor vehicle service contract reimbursement insurance policy. Referred to Committee on Insurance.
HB 319. By Representatives Alford of the 57th, Connell of the 87th, Chambless of the 133rd, Porter of the 119th and Robinson of the 96th:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the general provisions relating to workers' compensation, so as to provide exclusivity of rights and remedies granted to employees under the chapter and actions against third-party tort-feasors or other persons provid ing workers' compensation benefits. Referred to Committee on Industry and Labor.
HB 400. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize certain boards of registrars to correct the list of elec tors and issue new registration cards upon receipt of actual knowledge that an elector has moved. Referred to Committee on Governmental Operations.
HB 449. By Representatives Mangum of the 57th, Athon of the 57th and Moore of the 139th:
A bill to amend Code Section 20-2-162 of the Official Code of Georgia Annotated, relating to midterm adjustments under the "Quality Basic Education Act," so as to provide for midterm adjustments relative to school systems that qualify for middle school grants. Referred to Committee on Education.
HB 501. By Representatives Bannister of the 62nd and Barnett of the 59th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to ex empt persons not domiciled in Georgia from certain provisions. Referred to Committee on Special Judiciary.
HB 503. By Representative Childers of the 15th:
A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, so as to provide for continuing education requirements; to change the provisions relating to reciprocity; to provide for notification regarding complaints and disposition thereof. Referred to Committee on Human Resources.
HB 566. By Representatives Ware of the 77th, Groover of the 99th, Jones of the 71st and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and general requirements for the transaction of in surance, so as to provide a means whereby any insurer organized under the laws

THURSDAY, FEBRUARY 23, 1989

1111

of any other state may become a domestic insurer; to provide a means for any domestic insurer to transfer its domicile to another state. Referred to Committee on Insurance.
HB 768. By Representative Edwards of the 112th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to au thorize the State Personnel Board to contract with the Georgia Hazardous Waste Management Authority for the inclusion in the health insurance plan of employ ees and retiring employees of the authority and their spouses and dependent children. Referred to Committee on Insurance.
HB 876. By Representative Murphy of the 18th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions of law affecting the General Assembly, so as to pro vide that unless otherwise provided by concurrent resolution the General Assem bly shall during regular sessions automatically adjourn on Fridays and reconvene on Mondays. Referred to Committee on Rules.
HR 115. By Representatives Jackson of the 83rd and Ricketson of the 82nd:
A resolution providing that for state purposes the lake in northeastern Georgia will continue to be designated as the Clarks Hill Lake, Clarks Hill Reservoir, or Clarks Hill Area. Referred to Committee on Natural Resources.
HB 855. By Representative Royal of the 144th:
A bill to amend an Act creating a new charter for the City of Camilla, so as to provide that a vacancy in the office of mayor or councilman shall be filled by special election. Referred to Committee on Urban and County Affairs.
HB 856. By Representative Royal of the 144th:
A bill to amend an Act providing a new charter for the City of Funston, 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 857. By Representative Royal of the 144th:
A bill to amend an Act incorporating the City of Sale City in Mitchell County, 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 858. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend an Act creating the State Court of Bulloch County, so as to change the compensation of the judge and solicitor of said court. Referred to Committee on Urban and County Affairs.

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HB 859. By Representatives Chance of the 129th and Floyd of the 154th: A bill to amend an Act incorporating the City of Riceboro in Liberty County, so as to change the provisions relating to the corporate limits of said city.
Referred to Committee on Urban and County Affairs.
HB 861. By Representatives Buck of the 95th, Robinson of the 96th, Bishop of the 94th and others: A bill to amend an Act establishing the State Court of Muscogee County, so as to change the compensation of the solicitor of said court; to change the provisions relating to the compensation of full-time assistant solicitors.
Referred to Committee on Urban and County Affairs.
HB 865. By Representative Dixon of the 151st: A bill to amend an Act providing a new charter for the City of St. Marys, so as to change the provisions relating to the filling of vacancies in the office of mayor or any councilmember.
Referred to Committee on Urban and County Affairs.
HB 866. By Representative Murphy of the 18th: A bill to provide authority for the imposition of county law library fees as a part of the court costs in the Magistrate Court of Haralson County.
Referred to Committee on Urban and County Affairs.
HB 867. By Representatives Cummings of the 17th and Murphy of the 18th: A bill to provide authority for the imposition of county law library fees as a part of the court costs in the Magistrate Court of Polk County.
Referred to Committee on Urban and County Affairs.
HB 868. By Representatives Cummings of the 17th and Murphy of the 18th: A bill to create a board of elections and registration for Polk County and provide for its powers and duties.
Referred to Committee on Urban and County Affairs.
HB 869. By Representative Carrell of the 65th: A bill to provide for the collection of an additional fee for the benefit of the Walton County Law Library on each case filed in the Magistrate Court of Walton County.
Referred to Committee on Urban and County Affairs.
HB 870. By Representatives Clark of the 13th and Irwin of the 13th: A bill to amend an Act amending, consolidating, and superseding the several Acts incorporating the City of Danielsville and providing a new charter therefor, so as to establish the terms of office of the mayor and councilmen.
Referred to Committee on Urban and County Affairs.
HB 871. By Representatives Clark of the 13th and Irwin of the 13th: A bill to amend an Act creating a new charter for the City of Colbert, so as to establish the terms of office of the mayor and councilmen.
Referred to Committee on Urban and County Affairs.

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1113

HB 872. By Representatives Clark of the 13th and Irwin of the 13th:
A bill to amend an Act incorporating the City of Ila in the County of Madison, so as to establish the terms of office of the mayor and councilmen. Referred to Committee on Urban and County Affairs.

HB 874. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act known as the "Newton County Water and Sewerage Au thority Act," so as to change certain provisions relating to the membership of the Authority.
Referred to Committee on Urban and County Affairs.

HB 875. By Representative Stancil of the 66th: A bill to create the Morgan County Water and Sewerage Authority.
Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Banking and Finance has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 152. Do pass.

HB 247. Do pass.

HB 194. Do pass.

HB 486. Do pass by substitute.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Education has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 311. Do pass by substitute.

HB 427. Do pass.

SB 345. Do pass.

HB 428. Do pass by substitute.

SB 350. Do pass.

HB 440. Do pass.

HB 337. Do pass.

HB 587. Do pass.

Respectfully submitted,

Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations:
HB 154. Do pass by substitute. HB 581. Do pass. HB 364. Do pass.
Respectfully submitted,
Senator Dawkins of the 45th District, Chairman

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JOURNAL OF THE SENATE

Mr. President:

The Committee on Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 105. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 354. Do pass by substitute. HB 519. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 237. Do pass by substitute. SB 309. Do pass as amended.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 128. SR 144. HB 129. HB 263.

Do pass. Do pass. Do pass by substitute. Do pass.

HB 345. HB 531. HB 574.

Do pass by substitute. Do pass. Do pass.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 535. Do pass.

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1115

HB 601. Do pass.

Respectfully submitted, Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following resolu tions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 54. Do pass by substitute. SR 154. Do pass.

HR 98. Do pass by substitute. HR 99. Do pass by substitute.

HR 35. Do pass.

HR 101. Do pass by substitute.

Respectfully submitted,

Senator Scott of the 2nd District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 91. Do pass. HR 31. 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 House and has instructed me to report the same back to the Senate with the following recommendations:

SB 334. Do pass. SB 365. Do pass.

HB 782. Do pass. HB 783. Do pass.

HB 573. Do pass. HB 780. Do pass.

HB 786. Do pass. HB 803. Do pass.

HB 781. Do pass.

HB 805. Do pass.

Respectfully submitted,

Senator Harris of the 27th District, Chairman

The following bills and resolution of the Senate and House were read the second time:

SR 123. By Senators Barker of the 18th, Harris of the 27th and Olmstead of the 26th:
A resolution urging the Board of Regents of the University System of Georgia to convert Macon College into a four-year college.

SB 164. By Senator Pincher of the 54th:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to change certain definitions.

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SB 313. By Senator Barnes of the 33rd:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a statement of legislative findings; to provide for defi nitions; to provide for a program of voluntary vaccinations for firemen and emer gency medical technicians; to provide for the costs of such vaccinations; to pro vide an effective date.
SB 318. By Senator Garner of the 30th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to authorize a medical examiner to have a body embalmed to avoid the threat of infectious disease prior to release of the body to the next of kin; to authorize a coroner, medical exam iner, or peace officer to take anatomical specimens and to test or examine speci mens or articles as may be necessary or useful in determining cause of death.
SB 319. By Senator Garner of the 30th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examination, so as to change certain fees which the medical examiner is entitled to for performing certain examinations; to change certain provisions relating to reports of post-mortem examinations and investigations; to repeal certain provisions providing fees for peace officers.
SB 323. By Senator Coverdell of the 40th:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to the prohibition of councils binding future councils, so as to change the provisions relating to governing authorities of municipal corporations having a population of not less than 400,000.
SB 324. By Senator Allgood of the 22nd:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to courts in general, and Title 47 of the Official Code of Georgia Anno tated, relating to retirement and pensions, so as to change provisions relative to senior judges serving as judges of the superior courts; to change provisions relat ing to the compensation of senior judges so serving.
SB 335. By Senator Tate of the 38th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States de cennial census of 1960 or any future such census, as amended, so as to provide for additional penalties to be imposed in traffic cases and upon violations of bonds.
SB 343. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Hearing Aid Dealers and Dispensers Act," so as to change certain provisions relating to examinations; to change the provisions relating to when an apprentice dispenser's permit shall be issued.
SB 347. By Senator Allgood of the 22nd:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to certain chemical tests administered to determine the alcoholic or drug content of certain persons who operate motor vehicles, so as to require that such chemical tests be administered as soon as possible to any person who operates a

THURSDAY, FEBRUARY 23, 1989

1117

motor vehicle upon the highways or elsewhere throughout this state who is in volved in any traffic accident.
SB 362. By Senator Fuller of the 52nd:
A bill to amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation pursuant to application by owners of 60 per cent of land and 60 percent of electors, so as to provide for limitation on annexa tion by certain municipalities.
SB 363. By Senators Tate of the 38th and Langford of the 35th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States de cennial census of 1960 or any future such census, as amended, so as to provide funds for constructing, operating, and staffing city jails, city correctional institu tions, and city detention facilities.
SB 364. By Senator Tate of the 38th:
A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide an effective date of certain com pensation increases for municipal officers and employees; to provide for intent; to provide an effective date.
HB 10. By Representative Groover of the 99th:
A bill to amend Code Section 125-1-9.1 of the Official Code of Georgia Anno tated, relating to judicial assistance to the courts of this state by judges and mag istrates of other courts, so as to provide that retired judges or judges emeritus of the state courts shall receive compensation and reimbursement of expenses while rendering judicial assistance to any court.
HB 51. By Representative Rainey of the 135th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from the certificate of need requirements, so as to exempt certain renal dialysis machines, equipment, and operations from the applicability of Chapter 6 of Title 31, relating to certificate of need.
HB 104. By Representatives Redding of the 50th, Holmes of the 28th, Brooks of the 34th and White of the 132nd:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the State Merit System of Personnel Admin istration, so as to provide that the working test period of employment shall not apply to an interdepartmental transfer.
HB 225. By Representatives Pannell of the 122nd, Cummings of the 17th, Snow of the 1st and Alien of the 127th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, so as to change the definition of the term "fair market value"; to pro vide for the fair market value of rehabilitated historic property under certain circumstances; to change the provisions relating to the assessment of tangible property.

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JOURNAL OF THE SENATE

HB 226. By Representatives Pannell of the 122nd, Cummings of the 17th, Snow of the 1st and Alien of the 127th:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning preservation, pro motion, etc., of historic areas generally, so as to require the Historic Preservation Section of the Department of Natural Resources to establish, maintain, and ex pand a Georgia Register of Historic Places; to provide which properties shall be included in such register.

HB 451. By Representatives Couch of the 36th, Hudson of the 117th, Bargeron of the 108th, Watson of the 114th and others:
A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to clarify the authority of the State Board of Ac countancy to contract with third parties to perform administrative services relat ing to examinations.

HB 475. By Representative Watson of the 114th:
A bill to amend Code Section 47-5-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the Joint Municipal Employees Benefit Sys tem, so as to change the definition of employer to include certain credit unions.

HB 567. By Representatives Coleman of the 118th, Green of the 106th, McDonald of the 12th, Walker of the 115th and Childers of the 15th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a loan program for certain physicians who agree to practice medicine in physician underserved rural areas of Georgia; to provide for a short title.

HB 622. By Representative Couch of the 36th:
A bill to amend Code Section 47-3-67 of the Official Code of Georgia Annotated, relating to the transfer of members of a certain local retirement fund to the Teachers Retirement System of Georgia, so as to provide requirements relative to certain contributions paid to the Teachers Retirement System of Georgia.

HB 643. By Representative Parrish of the 109th:
A bill to amend Code Section 47-16-61 of the Official Code of Georgia Annotated, relating to payments to the Sheriffs' Retirement Fund of Georgia from fees col lected in civil actions, so as to provide penalties and interest for late payment of amounts due to the system.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Barker Bowen Brannon Broun Burton Clay Coleman Dawkins Deal Echols

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson

Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th

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1119

Ragan of 32nd Ray Scott of 2nd

Scott of 36th Shumake Starr

Tate Taylor Timmons

Those not answering were Senators:

Baldwin Barnes Collins Coverdell (excused)

Dean Edge Kennedy (presiding) Stumbaugh

Turner Tysinger Walker

Senator Scott of the 2nd introduced the chaplain of the day, Reverend Bennie Mitchell, pastor of Connors Temple Baptist Church, Savannah, Georgia, who offered scripture read ing and prayer.

The following resolutions of the Senate were read and adopted:

SR 174. By Senator Engram of the 34th: A resolution commending the Palmetto High School football team.

SR 178. By Senator Bowen of the 13th: A resolution commending Mr. Lawrence Keith Turner.

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR Thursday, February 23, 1989
THIRTIETH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 334 Tate, 38th Shumake, 39th Langford, 35th Scott, 36th Engram, 34th Howard, 42nd Stumbaugh, 55th City of Atlanta DeKalb and Fulton Counties
To provide a homestead exemption of $10,000.00 from all City of Atlanta and City of Atlanta School District ad valorem taxes for each resident of the City of Atlanta who is 65 years of age or over or disabled if the resident's gross income together with the gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act.

SB 365 Pollard, 24th Warren County
To change certain provisions regarding the appointment of deputy sheriffs; to provide for the compensation of such deputies; to provide that the county shall furnish the uniforms and leatherware for such deputies.

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JOURNAL OF THE SENATE

HB 573 Tate, 38th Engram, 34th Langford, 35th Scott, 36th Shumake, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th City of Atlanta DeKalb and Fulton Counties
To change certain provisions relating to the effective date of certain zones; to provide for corresponding changes with respect to certain tax exemptions.
HB 780 Barnes, 33rd Ragan, 32nd City of Smyrna Cobb County
To create the Downtown Smyrna Development Authority; to provide for the appointment of the members of the authority and their terms of office.
HB 781 McKenzie, 14th Taylor County
To change the number of members of the board of education of Taylor County, so as to provide for compensation for members of the board of edu cation.
HB 782 Hammill, 3rd Echols, 6th Glynn County
To change the expense allowance of the chairman and members of the board of commissioners.
HB 783 Kennedy, 4th Tattnall County
To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Tattnall County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia.
HB 786 Ragan, 10th Bowen, 13th City of Doerun Colquitt County
To change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen.
HB 803 Ragan, 32nd Barnes, 33rd Clay, 37th Newbill, 56th Cobb County
To amend provisions relating to county purchases.

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1121

HB 805 Bowen, 13th City of Unadilla Dooly County
To create the Unadilla Arena and Tourism Authority.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon
?BClu/aryTton Collins Dawkins
Deal Echols English Engram

Fincher Foster Garner Gillis Hammill Harris
JHouhgwngsamordns Kidd Land
Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th R of 32nd ^
Sf,,,coutmt aok,fe36th i5tarr Stumbaugh
Taylor Turner Tysinger

Those not voting were Senators:

Baldwin Coleman Coverdell (excused) Dean

Edge Fuller Kennedy (presiding) Langford

McKenzie Scott of 2nd Timmons Walker

On the passage of all the local bills, the yeas were 44, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

SENATE RULES CALENDAR
Thursday, February 23, 1989 THIRTIETH LEGISLATIVE DAY SB 329 Plaintiff--instituting previously dismissed civil action (S Judy--48th) SB 267 Georgia Health Insurance Pool--create (Substitute) (Ins--55th) SB 328 Liens Against Abandoned Vehicles--affidavit filing fee (Substitute) (I&L--45th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.) SB 280 Parole--certain felons serve one-third of sentence (Judy--42nd) HB 659 Metropolitan Atlanta Olympic Games Authority--create (ED&T--50th) HB 11 Fertilizer, Pesticide Cases--liability of farmers (Ag--49th) HB 57 Motor Vehicle Injured--loss of income when sole shareholder of corporation (Judy-- 49th)

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JOURNAL OF THE SENATE

HB 334 Limited Partnerships--reservations of names (Judy--47th) HB 421 Equalized Adjusted School Property Tax Digest--preparation (B&F--49th) HB 463 Marriage Licenses--change conditions for immediate issuance (Substitute)
(S Judy--51st) HB 368 Unemployment Compensation--exclude as wages certain payments during layoff
(I&L--46th) HB 487 Revenue Commissioner--disposal of unclaimed property (Substitute)
(B&F--8th) HB 229 Rape Prosecution--exceptions to certain evidence inadmissibility (Substitute)
(Judy--49th) HB 488 Movie Rentals--sales tax provisions (B&F--8th) HB 489 Corporate Net Worth Tax--date due (B&F--8th) HB 259 Probate Courts--superior court jurisdiction over trustee's resignation
(S Judy--47th) HB 201 Insurance--define certain terms regarding unfair trade practices (Amendment)
(Ins--55th) HB 269 Certain Contractors' Bonds--letters of credit in lieu of (S Judy--45th) HB 336 Corporations, Partnerships--document filing with Secretary of State
(Judy--47th) HB 333 Uniform Partnership Act--provisions on statements of partnerships
(Judy--47th) HB 220 Joint City/County Sales Tax--certain special districts (B&F--31st) HB 206 Long-Term Care Insurance--provided through rider to life insurance (Ins--29th) HB 221 Board of Education--members hold public hearings within their congressional
district (Ed--16th) HB 176 Group Life Insurance--multiple employer welfare arrangements (Ins--29th) HB 431 Vehicle Loads--may extend beyond rear of vehicle (Trans--21st)
Respectfully submitted, /s/ Nathan Dean
Dean of the 31st, Chairman Senate Rules Committee
Senator Phillips of the 9th moved that Senator Coverdell of the 40th be excused from all roll calls today due to his being absent from the Senate because of the hearings on his confirmation as Director of the Peace Corps.
On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Coverdell of the 40th was excused from all roll calls in the Senate today.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 329. By Senator Peevy of the 48th: A bill to amend Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of a civil action after dismissal, so as to provide that before a plaintiff institutes a previously dismissed civil action, such plaintiff shall first pay the court costs of the action that such plaintiff previously dismissed.
The report of the committee, which was favorable to the passage of the bill, was agreed
to.

THURSDAY, FEBRUARY 23, 1989

1123

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Burton Clay Collins Dawkins Deal Echols English Engram

Fincher Foster Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Baldwin Broun Coleman Coverdell (excused) Dean

Edge Fuller Garner Kennedy (presiding) McKenzie

Ragan of 10th Ragan of 32nd Shumake Timmons Walker

On the passage of the bill, the yeas were 41, nays 0 .

The bill, having received the requisite constitutional majority, was passed.

SB 267. By Senators Stumbaugh of the 55th, Taylor of the 12th, Dawkins of the 45th and Tysinger of the 41st:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for creation of the Georgia Health Insurance Pool; to provide for a short title; to provide for definitions; to provide for membership in the pool; to provide for operation of the pool; to provide for a board of directors; to provide for powers and duties of the pool.

The Senate Committee on Insurance offered the following substitute to SB 267:

A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for creation of the Georgia Health Insurance Pool; to provide for a short title; to provide for definitions; to provide for membership in the pool; to provide for operation of the pool; to provide for a board of directors; to provide for powers and duties of the pool; to provide for powers and duties of the Commissioner of Insurance; to provide for eligibility; to provide for selection of an administering insurer; to provide for duties and powers of the administering insurer; to provide for submission of reports to the board regarding operation of the pool; to provide for assessments; to provide for abate ments; to provide for tax credits; to provide limitations; to provide for availability of bene fits; to provide for covered services; to provide for exclusions; to provide for premiums, deductibles, and coinsurance; to provide for exclusion of preexisting conditions for certain time periods; to provide for nonduplication of benefits; to provide that joint and collective action of members of the pool shall not be the basis for any legal action; to exempt the pool

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JOURNAL OF THE SENATE

from all state and local taxes; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding at the end thereof a new Chapter 43 to read as follows:
"CHAPTER 43
33-43-1. This chapter shall be known and may be cited as the 'Georgia Health Insur ance Pool Act.'
33-43-2. As used in this chapter, the term:
(1) 'Accident and sickness insurance' means any hospital and medical expense incurred policy, nonprofit health care service plan contract, and health maintenance organization subscriber contract. The term does not include short-term disability, fixed indemnity, lim ited benefit, or credit insurance coverage issued as a supplement to liability insurance, in surance arising out of a workers' compensation or similar law, automobile medical payment insurance, or insurance under which benefits are payable with or without regard to fault and which is statutorily required to be contained in any liability insurance policy or equivalent self-insurance.
(2) 'Benefits plan' means the coverages to be offered by the pool to eligible persons pursuant to Code Section 33-43-8.
(3) 'Board' means the board of directors of the pool.
(4) 'Commissioner' means the Commissioner of Insurance.
(5) 'Department' means the Department of Insurance.
(6) 'Health maintenance organization' means any organization authorized to transact business in this state pursuant to Chapter 21 of this title.
(7) 'Hospital' means any institution or medical facility as defined in Code Section 31-71.
(8) 'Insurance arrangement' means any plan, program, contract, or any other arrange ment under which one or more employers, unions, or other organizations provide to their employees or members, either directly or indirectly through a trust or third-party adminis trator, health care services or benefits other than through an insurer.
(9) 'Insured' means any individual resident of this state who is eligible to receive bene fits from any insurer or insurance arrangement as defined in this Code section.
(10) 'Insurer' means any insurance company authorized to transact accident and sick ness insurance business in this state, any nonprofit medical service corporation, nonprofit hospital service corporation, health care plan, or health maintenance organization author ized to transact business in this state.
(11) 'Medicare' means coverage under both Parts A and B of Title XVIII of the Social Security Act, 42 USC 1395, et seq., as amended.
(12) 'Member' means any insurer or insurance arrangement participating in the pool.
(13) 'Physician' means a person licensed to practice medicine under Chapter 34 of Title 43.
(14) 'Plan of operation' means the plan of operation of the pool, including articles, by laws, and operating rules adopted by the board pursuant to Code Section 33-43-4.
(15) 'Pool' means the Georgia Health Insurance Pool as created in Code Section 33-433.
33-43-3. (a) There is created a nonprofit entity to be known as the 'Georgia Health Insurance Pool.' All insurers issuing accident and sickness insurance in this state and insur-

THURSDAY, FEBRUARY 23, 1989

1125

ance arrangements providing health plan benefits in this state on and after July 1, 1989, shall be members of the pool.
(b) The Commissioner shall give notice to all insurers and insurance arrangements of the time and place for the initial organizational meetings. The board of directors shall con sist of ten members. The Commissioner shall be an ex officio member and shall be the chair man of the board of directors. The pool members shall appoint four members of the board, one of whom shall be a representative of a nonprofit health care plan, one of whom shall be a representative of a health maintenance organization, and two of whom shall be members of the pool. The Governor shall appoint five citizens to the board who are not professionally affiliated with an insurer. At least two of the five citizen members shall be individuals rea sonably expected to qualify for coverage under the pool, or the parent or spouse of such individuals. One of the five citizen members shall be a representative of a government agency involved directly or indirectly in state-wide health planning. Vacancies in the group appointed by the pool members shall be filled by the pool members and vacancies in the group appointed by the Governor shall be filled by the Governor. The board shall, at all times, to the extent possible, include at least one domestic insurance company licensed to transact accident and sickness insurance and one domestic nonprofit health care service plan.
(c) If, within 60 days of the organizational meeting, the board of directors is not se lected or the administering insurer is not appointed, the Commissioner shall appoint the initial board and appoint an administering insurer.
(d) The pool shall submit to the Commissioner a plan of operation for the pool and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable ad ministration of the pool. The Commissioner shall, after notice and hearing, approve the plan of operation provided such is determined to be suitable to assure the fair, reasonable, and equitable administration of the pool and provides for the sharing of pool gains or losses on an equitable, proportionate basis. The plan of operation shall become effective upon ap proval in writing by the Commissioner consistent with the date on which the coverage under this chapter must be made available. If the pool fails to submit a suitable plan of operation within 180 days after the appointment of the board of directors or at any time thereafter fails to submit suitable amendments to the plan, the Commissioner shall, after notice and hearing, adopt and promulgate such reasonable rules as are necessary or advisable to effec tuate the provisions of this Code section. Such rules shall continue in force until modified by the Commissioner or superseded by a plan submitted by the pool and approved by the Commissioner.
(e) In its plan the pool shall:
(1) Establish procedures for the handling and accounting of assets and moneys of the pool;
(2) Select an administering insurer in accordance with Code Section 33-43-5;
(3) Establish procedures for the collection of assessments from all members to provide for claims paid under the plan and for administrative expenses incurred or estimated to be incurred during the period for which the assessment is made. The level of payments shall be established by the board pursuant to Code Section 33-43-6. Assessments shall occur at the end of each calendar year. Assessments are due and payable within 30 days of receipt of the assessment notice; and
(4) Develop and implement a program to publicize the existence of the plan, the eligi bility requirements, and procedures for enrollment and to maintain public awareness of the plan.
(f) The pool shall have the general powers and authority granted under the laws of this state to insurance companies licensed to transact the kinds of insurance defined under Code Section 33-43-2 and, in addition thereto, the specific authority to:
(1) Enter into contracts as are necessary or proper to carry out the provisions and pur-

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poses of this chapter, including the authority, with the approval of the Commissioner, to enter into contracts with similar pools of other states for the joint performance of common administrative functions or with persons or other organizations for the performance of ad ministrative functions;
(2) Bring or defend actions, including taking any legal actions necessary or proper for recovery of any assessments for, on behalf of, or against pool members;
(3) Take such legal action as necessary to avoid the payment of improper claims against the pool or the coverage provided by or through the pool;
(4) Establish appropriate rates; rate schedules; rate adjustments; cost containment fea tures, including, but not limited to, second opinions for surgery, review and auditing of claims, precertification of hospital admissions and surgeries, and preferred providers; ex pense allowances; agents' referral fees; claim reserve formulas; and any other actuarial func tions appropriate to the operation of the pool. Rates shall not be unreasonable in relation to the coverage provided, the risk experience, and the expenses of providing the coverage. Rates and rate schedules may be adjusted for appropriate risk factors such as age and area variation in claim cost and shall take into consideration appropriate risk factors in accor dance with established actuarial and underwriting practices;
(5) Assess members of the pool in accordance with the provisions of this Code section and to make advance interim assessments as may be reasonable and necessary for the orga nizational and interim operating expenses. Any such interim assessments shall be credited as offsets against any regular assessments due following the close of the fiscal year;
(6) Issue policies of insurance in accordance with the requirements of this chapter;
(7) Appoint from among members appropriate legal, actuarial, and other committees as necessary to provide technical assistance in the operation of the pool, policy and other con tract design, and any other function within the authority of the pool; and
(8) Establish rules, conditions, and procedures for reinsuring risks of pool members de siring to issue pool plan coverages in their own name. Such reinsurance facility shall not subject the pool to any of the capital or surplus requirements, if any, otherwise applicable to reinsurers.
33-43-4. (a) Any individual person who is a resident of this state shall be eligible for pool coverage, except the following:
(1) Any person having terminated coverage in the pool unless 12 months have elapsed since such termination; or
(2) Any person on whose behalf the pool has paid out $1 million in benefits.
(b) Any person who ceases to meet the eligibility requirements of this Code section may be terminated at the end of the policy period.
33-43-5. (a) The board shall select an insurer or insurers through a competitive bidding process to administer the pool. The board shall evaluate bids submitted based on criteria established by the board which shall include:
(1) The insurer's proven ability to handle individual accident and sickness insurance;
(2) The efficiency of the insurer's claim-paying procedures;
(3) An estimate of total charges for administering the plan; and
(4) The insurer's ability to administer the pool in a cost-efficient manner.
(b) (1) The administering insurer shall serve for a period of three years subject to re moval for cause.
(2) At least one year prior to the expiration of each three-year period of service by an administering insurer, the board shall invite all insurers, including the current administering insurer, to submit bids to serve as the administering insurer for the succeeding three-year

THURSDAY, FEBRUARY 23, 1989

1127

period. Selection of the administering insurer for the succeeding period shall be made at least six months prior to the end of the current three-year period.
(c) (1) The administering insurer shall perform all eligibility and administrative claims payment functions relating to the pool.
(2) The administering insurer shall establish a premium billing procedure for collection of premiums from insured persons. Billings shall be made on a periodic basis as determined by the board.
(3) The administering insurer shall perform all necessary functions to assure timely payment of benefits to covered persons under the pool including:
(A) Making available information relating to the proper manner of submitting a claim for benefits to the pool and distributing forms upon which such submission shall be made; and
(B) Evaluating the eligibility of each claim for payment by the pool.
(4) The administering insurer shall submit regular reports to the board regarding the operation of the pool. The frequency, content, and form of the report shall be as determined by the board.
(5) Following the close of each calendar year, the administering insurer shall determine net written and earned premiums, the expense of administration, and the paid and incurred losses for the year and report this information to the board and the department on a form as prescribed by the Commissioner.
(6) The administering insurer shall be paid as provided in the plan of operation for its expenses incurred in the performance of its services.
33-43-6. (a) Following the close of each fiscal year, the pool administrator shall deter mine the net premiums, which shall be total premiums less administrative expense al lowances, the pool expenses of administration, and the incurred losses for the year, taking into account investment income and other appropriate gains and losses. Accident and sick ness insurance premiums and benefits paid by an insurance arrangement that are less than an amount determined by the board to justify the cost of collection shall not be considered for purposes of determining assessments. Each insurer's assessment shall be determined:
(1) By multiplying the total cost of pool operation by a fraction, the numerator of which equals that insurer's premium and subscriber contract charges for accident and sickness insurance written in the state during the preceding calendar year and the denominator of which equals the total of all premiums, subscriber contract charges written in the state, and 110 percent of all claims paid by insurance arrangements in the state during the preceding calendar year; and
(2) By multiplying the total cost of pool operation by a fraction, the numerator of which equals 110 percent of the benefits paid by that insurance arrangement on behalf of insureds in this state during the preceding calendar year and the denominator of which equals the total of all premiums, subscriber contract charges, and 110 percent of all benefits paid by insurance arrangements made on behalf of the insureds in this state during the preceding calendar year. Insurance arrangements shall report to the board claims payments made in this state on an annual basis on a form prescribed by the Commissioner.
(b) If assessments exceed actual losses and administrative expenses of the pool, the excess shall be held at interest and used by the board to offset future losses or to reduce pool premiums. As used in this subsection, 'future losses' includes reserves for incurred but not reported claims.
(c) (1) Each member's proportion of participation in the pool shall be determined annu ally by the board based on annual statements and other reports deemed necessary by the board and filed by the member with it.

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(2) Any deficit incurred by the pool shall be recouped by assessments apportioned under subsection (a) of this Code section by the board among members.
(d) The board may abate or defer, in whole or in part, the assessment of a member if, in the opinion of the board, payment of the assessment would endanger the ability of the member to fulfill its contractual obligations. In the event an assessment against a member is abated or deferred in whole or in part, the amount by which such assessment is abated or deferred may be assessed against the other members in a manner consistent with the basis for assessments set forth in subsection (a) of this Code section. The member receiving such abatement or deferment shall remain liable to the pool for the deficiency for four years.
33-43-7. Insurers may deduct from premium taxes otherwise payable to the state under Code Section 33-8-4, in addition to all credits and abatements allowed by law, a dollar amount equal to any assessment imposed under Code Section 33-43-6 during the preceding calendar year; provided, however, the maximum annual tax credit allowed pursuant to this Code section shall be $2 million in the aggregate for all insurers qualifying for such credit. In the event the aggregate tax credit applied for by all qualifying insurers exceeds $2 mil lion, the tax credit allowed each qualifying insurer shall be computed on a pro rata basis based upon the amount of the assessment imposed upon such insurer.
33-43-8. (a) The pool shall offer major medical expense coverage to every eligible person who is not eligible for medicare. Major medicare expense coverage offered by the pool shall pay an eligible person's covered expenses, subject to limits on the deductible and coinsur ance payments authorized under paragraph (4) of subsection (d) of this Code section, up to a lifetime limit of $1 million per covered individual. The maximum limit under this subsec tion shall not be altered by the board, and no actuarial equivalent benefit may be substi tuted by the board.
(b) As used in this Code section, the term 'covered expenses' shall mean the prevailing charge in the locality for the following services and articles when prescribed by a physician and determined by the pool to be medically necessary:
(1) Hospital services;
(2) Professional services for the diagnosis or treatment of injuries, illnesses, or condi tions, other than dental, which are rendered by a physician or by other licensed profession als at his direction;
(3) Drugs requiring a physician's prescription;
(4) Services of a licensed skilled nursing facility for not more than 120 days during a policy year;
(5) Services of a home health agency up to a maximum of 270 services per year;
(6) Use of radium or other radioactive materials;
(7) Oxygen;
(8) Anesthetics;
(9) Prostheses other than dental;
(10) Rental of durable medical equipment, other than eyeglasses and hearing aids, for which there is no personal use in the absence of the conditions for which is prescribed;
(11) Diagnostic X-rays and laboratory tests;
(12) Oral surgery for excision of partially or completely unerupted, impacted teeth or the gums and tissues of the mouth when not performed in connection with the extraction or repair of teeth;
(13) Services of a physical therapist;
(14) Transportation provided by a licensed ambulance service to the nearest facility qualified to treat the condition; and

THURSDAY, FEBRUARY 23, 1989

1129

(15) Services for diagnosis and treatment of mental and nervous disorders.
(c) Covered expenses shall not include the following:
(1) Any charge for treatment for cosmetic purposes other than surgery for the repair or treatment of an injury or a congenital bodily defect to restore normal bodily functions;
(2) Care which is primarily for custodial or domicilliary purposes;
(3) Any charge for confinement in a private room to the extent it is in excess of the institution's charge for its most common semiprivate room, unless a private room is pre scribed as medically necessary by a physician;
(4) That part of any charge for services rendered or articles prescribed by a physician, dentist, or other health care personnel which exceeds the prevailing charge in the locality or for any charge not medically necessary;
(5) Any charge for services or articles the provision of which is not within the scope of authorized practice of the institution or individual providing the services or articles;
(6) Any expense incurred prior to the effective date of coverage by the pool for the person on whose behalf the expense is incurred;
(7) Dental care except as provided in paragraph (12) of subsection (b) of this Code section;
(8) Eyeglasses and hearing aids;
(9) Illness or injury due to acts of war;
(10) Services of blood donors and any fee for failure to replace the first three pints of blood provided to an eligible person each policy year; and
(11) Personal supplies or services provided by a hospital or nursing home or any other nonmedical or nonprescribed supply or service.
(d) (1) Premiums charged for coverages issued by the pool may not be unreasonable in relation to the benefits provided, the risk experience, and the reasonable expenses of provid ing the coverage.
(2) Separate schedules of premium rates based on age, sex, and geographical location may apply for individual risks.
(3) The pool shall determine the standard risk rate by calculating the average individ ual standard rate charged by the five largest insurers offering coverages in the state compa rable to the pool coverage. In the event five insurers do not offer comparable coverage, the standard risk rate shall be established using reasonable actuarial techniques and shall reflect anticipated experience and expenses for such coverage. Initial rates for pool coverage shall not be less than 125 percent of rates established as applicable for individual standard risks. Subsequent rates shall be established to provide fully for the expected costs of claims, in cluding recovery of prior losses, expenses of operation, investment income of claim reserves, and any other cost factors, subject to the limitations described in this Code section. In no event shall pool rates exceed 150 percent of rates applicable to individual standard risks. All rates and rate schedules shall be submitted to the Commissioner for approval.
(4) The pool coverage defined in this Code section shall provide optional deductibles of $500.00 or $1,500.00 per annum per individual and coinsurance of 20 percent, such coinsur ance and deductibles in the aggregate not to exceed $3,000.00 per individual nor $5,000.00 per family per annum. The deductibles and coinsurance factors may be adjusted annually according to the Medical Component of the Consumer Price Index.
(e) Pool coverage shall exclude charges or expenses incurred during the first six months following the effective date of coverage and shall exclude charges or expenses incurred which are in excess of $20,000.00 per insured individual during the seventh through twelfth

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months following the effective date of coverage as to any condition which during the sixmonth period immediately preceding the effective date of coverage:
(1) Had manifested itself in such a manner as would cause an ordinarily prudent person to seek diagnosis, care, or treatment; or
(2) For which medical advice, care, or treatment was recommended or received.
Such preexisting condition exclusions shall be waived to the extent to which similar exclu sions, if any, have been satisfied under any prior accident and sickness insurance coverage which was involuntarily terminated, provided that application for pool coverage is made not later than 31 days following such involuntary termination and, in such case, coverage in the pool shall be effective from the date on which such prior coverage was terminated.
(f) (1) Benefits otherwise payable under pool coverage shall be reduced by all amounts paid or payable through any other accident and sickness insurance, or insurance arrange ment, and by all hospital and medical expense benefits paid or payable under any workers' compensation coverage, automobile medical payment, or liability insurance whether pro vided on the basis of fault or no-fault, and by any hospital or medical benefits paid or payable under or provided pursuant to any state or federal law or program except Medicaid.
(2) The insurer or the pool shall have a cause of action against an eligible person for the recovery of the amount of benefits paid which are not coverage expenses. Benefits due from the pool may be reduced or refused as a setoff against any amount recoverable under this paragraph.
33-43-9. Neither the participation in the pool as members, the establishment of rates, forms, or procedures, nor any other joint or collective action required by this chapter shall be the basis of any legal action, criminal or civil liability, or penalty against the pool or any of its members.
33-43-10. The pool established pursuant to this chapter shall be exempt from any and all taxes levied by this state or any of its political subdivisions."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Barnes Brannon
CD,oa.wlhknisns Deal D ean English Engram Fincher Foster Fuller

Gillis Hammill Harris Howard
Huggins Johnson TLKaidndd, Langford McKenzie Newbill Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd
Ray Scott of 2nd SSouhcoutmt aokife36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

THURSDAY, FEBRUARY 23, 1989

1131

Those not voting were Senators:

Allgood Baldwin Bowen Coleman

Coverdell (excused) Echols Edge

Garner Kennedy (presiding) Walker

On the passage of the bill, the yeas were 46, nays 0 .

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bill of the Senate, having been read the third time and final ac tion suspended on February 22, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was put upon its passage:

SB 328. By Senator Dawkins of the 45th:
A bill to amend Code Section 40-11-5 of the Official Code of Georgia Annotated, relating to foreclosure procedures for liens against abandoned motor vehicles, so as to increase the fee for filing an affidavit.

The substitute to SB 328 offered by Senator Stumbaugh of the 55th on February 22, as it appears in the Journal of February 22, was automatically reconsidered and put upon its adoption.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon
CCloalylins Dawkins Deal Dean Echols English Engram

Fincher Foster Fuller Gillis Hammill Harris 2oward
Hu, gS'ns JKoihdndson Land
Langford Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd j^a Scott of 2nd
Scott of 36th S_ humak. e Stumbaugh
Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Bowen Coleman Coverdell (excused)

Edge Garner Kennedy (presiding)

McKenzie Starr Walker

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On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Newbill of the 56th introduced the doctor of the day, Dr. K. Andrew Goler, of Marietta, Georgia.

The following general bill of the Senate, having been read the 3rd time on February 21 and postponed until February 22, and postponed on February 22 until February 23, was put upon its passage:

SB 280. By Senator Howard of the 42nd:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to re strict the authority of the State Board of Pardons and Paroles to parole persons convicted of certain felonies until such persons have served at least one-third of the sentence imposed by the court for any such felony.

Senator Howard of the 42nd moved that SB 280 be postponed until February 28.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 280 was post poned and placed on the Senate General Calendar.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 659. By Representative Lee of the 72nd:
A bill to create the Metropolitan Atlanta Olympic Games Authority as a body corporate and public, a political subdivision of the state, and a public corpora tion; to provide for a short title; to provide for definitions; to provide for creation and organization; to provide for the membership of the authority and their terms of office and compensation.
Senate Sponsors: Senators Foster of the 50th and Langford of the 35th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean

Echols English Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kidd

Land Langford Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th

THURSDAY, FEBRUARY 23, 1989

1133

Shumake Stumbaugh Tate

Taylor Timmons

Turner Tysinger

Those not voting were Senators:

Baldwin Bowen Coverdell (excused) Edge

Garner Kennedy (presiding) McKenzie

Scott of 2nd Starr Walker

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 11. By Representative Groover of the 99th:
A bill to amend Section 2-7-170 of the Official Code of Georgia Annotated, relat ing to the limitation of the liability of farmers in fertilizer, plant growth regula tor, and pesticide contamination cases, so as to remove the limitation on liability under Title 12 of the Official Code of Georgia Annotated.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Bowen Brannon Broun BCluaryton
Coleman Collins
Dawkins Deal Dean Echols

English Engram Fincher Foster
Fuller Gillis Hammill HHuogwgairnds
Johnson Kidd
Land Newbill Olmstead Parker

Peevy Perry Phillips Pollard
Ragan of 32nd ^ 0 ,, f 0 , fSocott of ^3n6dth
btarr Stumbaugh
Tate Taylor Turner Tysinger

Those not voting were Senators:

Barnes
Coverdell (excused) Edge Garner

Harris
Kennedy (presiding) Langford McKenzie

Ragan of 10th
Shumake Timmons Walker

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 57. By Representative Alien of the 127th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to pro vide for the calculation of loss of income benefits in the event the injured insured is the sole shareholder of a professional corporation.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Deal Dean Echols English

Engram Fincher Foster Fuller Gillis Harris Howard Huggins Johnson Kidd Land Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Coleman Coverdell (excused) Dawkins Edge

Garner Hammill Kennedy (presiding) Langford

McKenzie Shumake Timmons Walker

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 334. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th, Groover of the 99th and others:
A bill to amend Chapter 9 of Title 14 of the Official Code of Georgia Annotated, known as the "Georgia Revised Uniform Limited Partnership Act," so as to change the provisions relating to names of limited partnerships and reservations of names; to amend Part 3 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration of businesses using trade names; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of clerks of the superior courts.
Senate Sponsor: Senator Johnson of the 47th.

THURSDAY, FEBRUARY 23, 1989

1135

Senator Johnson of the 47th offered the following amendment:
Amend HB 334 by striking from line 7 of page 5 the word "less" and inserting in lieu thereof the following:

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes rannon
n BPIurton
Coleman Collins Dawkins Deal Dean Echols English

Engram Fincher Foster Fuller
Gillis Hammill Harris u Howardj
Johnson Kidd Land Langford McKenzie Newbill

Olmstead Parker Peevy Perry
Phillips Pollard Ragan of 10th rRagan orf 3on2ndj
Scott of 36th Starr Stumbaugh Tate Taylor Turner

Those not voting were Senators:

Bowen Coverdell (excused) Edge Garner

Kennedy (presiding) Scott of 2nd Shumake

Timmons Tysinger Walker

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 421. By Representatives Jackson of the 9th, Murphy of the 18th, Coleman of the 118th, Orr of the 9th and others:
A bill to amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the equalized adjusted school property tax digest, so as to change the provisions relative to the preparation of said equalized adjusted school property tax digest by the state auditor.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bflrnes rannon
"n Q Coleman Collins Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Gillis
Hammill HTT arri s Howard Huggins Johnson Kidd Land Langford Newbill

Olmstead Parker Peevy Perry Phillips Pollard
Ragan of 10th Rr,agan off 3nn 2nd1 Ray Scott of 36th Starr Stumbaugh Tate Taylor Turner

Those not voting were Senators:

Bowen Coverdell (excused)
Garner Kennedy (presiding)

McKenzie Scott of 2nd Shumake

Timmons Tysinger Walker

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 463. By Representatives Hasty of the 8th, Stancil of the 8th, Royal of the 144th and others:
A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses, so as to change the conditions for imme diate issuance of marriage licenses and to delete certain provisions relating to sanctions for violating certain waiting period requirements.
Senate Sponsor: Senator Brannon of the 51st.

The Senate Committee on Special Judiciary offered the following substitute to HB 463:

A BILL
To be entitled an Act to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses, so as to change the conditions for immedi ate issuance of marriage licenses and to change certain provisions providing sanctions for the improper issuance of a marriage license; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses, is amended by striking Code Section 19-3-35, which reads as follows:
"19-3-35. (a) No marriage license shall be issued earlier than three days following the application therefor, unless the female applicant is pregnant and the pregnancy is proved by a certificate signed by a licensed physician of this state, unless the applicants are the par ents of a living child born out of wedlock, or unless both applicants have been proved to have reached the age of majority, in any of which events a marriage license may be issued immediately.

THURSDAY, FEBRUARY 23, 1989

1137

(b) Any person who issues a marriage license in violation of subsection (a) of this Code section, unless the parties fall under one of the three exceptions mentioned therein, shall be guilty of a misdemeanor. Such willfull conduct shall constitute malpractice in office. How ever, a judge of the probate court who in good faith destroys a physician's certificates of pregnancy and all records of the certificates under his control in accordance with applicable provisions of law shall not be prosecuted under this subsection for failure to require such a certificate from the applicants for a marriage license, if a birth certificate is issued for a child born to the applicants within the period of gestation after the marriage license was issued.",
and inserting in its place a new Code section to read as follows:
"19-3-35. When both applicants for a marriage license are eligible to receive that license pursuant to the other provisions of this chapter and that license is otherwise authorized to be issued pursuant to the other provisions of this chapter, that license may be issued imme diately and without any waiting period."
Section 2. Said article is further amended by striking Code Section 19-3-45, relating to forfeiture for improper issuance of marriage license, and inserting in its place a new Code section to read as follows:
"19-3-45. Any judge of the probate court who by himself or his clerk knowingly grants a license without the required consent or without proper precaution in inquiring into the question of minority shall forfeit the sum of $500.00 for every such act, to be recovered at the action of the father or mother, if living, and, if not, at the action of the guardian or legal representative of either of such contracting parties, provided that under no circumstances shall more than one action be maintained by the father or mother, guardian, or legal repre sentative of either of such contracting parties in connection with any one marriage; and provided, further, that no such action shall be brought prior to the expiration of 60 days from the date that the marriage becomes public and that no action under this Code section shall be maintained after the expiration of 12 months from the date the marriage becomes public. A recovery shall be had against the offending judge and his bondsmen. From the recovery a reasonable attorney's fee, to be fixed by the presiding judge trying the case, shall be paid to the attorney representing the person bringing the action and, after the payment of court costs, one-third of the remainder of the recovery shall be paid to the person bring ing the action; and the remaining two-thirds shall be paid to the county educational fund of the county of the judge's residence. A judge who in good faith destroys physician's certifi cates of pregnancy and all records of the certificates under his control in accordance with the provisions of law shall not be prosecuted under this Code section for failure to require such a certificate from the applicants for a marriage license, if a birth certificate is issued for a child born to the applicants within the period of gestation after the marriage license was issued."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes

Bowen Brannon Broun Burton Clay

Coleman Collins Deal Dean Echols

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JOURNAL OF THE SENATE

Edge English Engram Fincher Foster Fuller Garner Hammill Harris Howard Huggins

Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Turner

Those not voting were Senators:

Coverdell (excused) Dawkins Gillis

Kennedy (presiding) Shumake Timmons

Tysinger Walker

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 368. By Representative McDonald of the 12th:
A bill to amend Code Section 34-8-51 of the Official Code of Georgia Annotated, relating to the definition of wages with respect to unemployment compensation, so as to exclude from consideration as wages certain payments made to an em ployee during a period of temporary layoff.
Senate Sponsor: Senator Broun of the 46th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen Brannon B roun Burton Coleman rC, oilvhns Dawkins Deal
Dean Edge
English Engram

Fincher Foster Fuller Garner Hammill Hams Howard Johnson TK^i-dJdJ Land Langford
McKenzie Newbill
Olmstead Parker

Peevy Perry Phillips Pollard Ragan of loth Ragan of 32nd D c , ,,_,,
BCOtt OI OOth
btarr Stumbaugh
Tate Taylor
Timmons Turner

Those not voting were Senators:

Albert Barker Clay Coverdell (excused)

Echols Gillis Huggins Kennedy (presiding)

Scott of 2nd Shumake Tysinger Walker

THURSDAY, FEBRUARY 23, 1989

1139

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 487. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Article 5 of Title 44 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed property, so as to change the time period within which the state revenue commissioner shall dispose of unclaimed property delivered to him; to provide that certain unclaimed property having insubstantial commercial value may be disposed of by the commissioner other than by sale.
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:

February 7, 1989

SUBJECT: Fiscal Note--House Bill 487 (LC 14 5176ER) Disposition of Unclaimed Property

This bill would revise, from one year to three years, the time period within which the state revenue commissioner is required to sell abandoned property (to the highest bidder at a public sale). The commissioner would also be allowed to destroy or otherwise dispose of such property at any time if it is determined that the property has insubstantial commercial value. Additional provisions within the bill would revise the penalties for failure to report or deliver unclaimed property to the commissioner and would also provide limitations on per sons who charge fees for the location or recovery of unclaimed property. If enacted, this bill would become effective July 1, 1989.

The fiscal impact of this bill upon state revenues cannot be determined since potential increases in penalties collected and increased reporting of unclaimed property which may result from the additional civil penalty provisions cannot be estimated. The Department of Revenue has indicated that there would be no significant administrative costs associated with the bill.

/s/ G. W. Hogan State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

The Senate Committee on Banking and Finance offered the following substitute to HB 487:

A BILL
To be entitled an Act to amend Article 5 of Title 44 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed property, so as to change the time pe-

1140

JOURNAL OF THE SENATE

riod within which the state revenue commissioner shall dispose of unclaimed property deliv ered to him; to provide that certain unclaimed property having insubstantial commercial value may be disposed of by the commissioner other than by sale; to provide limitations on persons who charge fees for the location or recovery of unclaimed property which has been delivered to the commissioner; to provide for penalties for the failure to report or deliver unclaimed property to the commissioner; to provide for related matters; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Title 44 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed property, is amended by striking in its entirety Code Section 4412-209 and inserting in its place a new Code Section 44-12-209 to read as follows:
"44-12-209. (a) All abandoned property, other than money delivered to the state reve nue commissioner under this article, shall, within three years after the delivery, be sold by him to the highest bidder at public sale in whatever city in the state affords, in his judg ment, the most favorable market for the property involved. The state revenue commissioner may decline the highest bid and reoffer the property for sale if he considers the price bid insufficient. He need not offer any property for sale if, in his opinion, the probable cost of the sale exceeds the value of the property.
(b) Any sale held under this Code section shall be preceded by a single publication of notice thereof at least three w?eks in advance of the sale in an English language newspaper of general circulation in the county where the property is to be sold.
(c) At any sale conducted by the state revenue commissioner pursuant to this article, the purchaser shall receive title to the property purchased, free from all claims of the owner or prior holder thereof and of all persons claiming through or under them. The state reve nue commissioner shall execute all documents necessary to complete the transfer of title.
(d) If the state revenue commissioner determines after investigation that any property delivered under this article has insubstantial commercial value of less than $100.00, he may destroy or otherwise dispose of the property at any time. No action or proceeding may be maintained against the state or any officer or against any holder for or on account of any action taken by the state revenue commissioner pursuant to this subsection."
Section 2. Said article is further amended by striking in its entirety Code Section 44-12221 which reads as follows:
"44-12-221. Any person, firm, or corporation who willfully fails to render any report or to perform any other duties required under this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00 or by confinement in the county or other jail not to exceed six months or by both such fine and imprisonment at the discretion of the court.",
and inserting in its place a new Code section to read as follows:
"44-12-221. (a) A person, firm, or corporation who willfully fails to render any report or perform other duties required under this article shall pay a civil penalty of $100.00 for each day the report is withheld or the duty is not performed, but not more than $5,000.00.
(b) A person, firm, or corporation who willfully fails to pay or deliver property to the state revenue commissioner as required under this article shall pay a civil penalty equal to 25 percent of the value of the property that should have been paid or delivered.
(c) A person, firm, or corporation who willfully refuses after written demand by the state revenue commissioner to pay or deliver as required by this article is guilty of a misde meanor and upon conviction shall be punished by a fine not to exceed $1,000.00 or by im prisonment not to exceed six months or by both such fine and imprisonment."

THURSDAY, FEBRUARY 23, 1989

1141

Section 3. Said article is further amended by adding at the end thereof a new Code section to be known as Code Section 44-12-222 to read as follows:
"44-12-222. (a) All agreements to pay compensation to recover or assist in the recovery of property reported and delivered to the state revenue commissioner under this article shall be unenforceable for 24 months after the date of payment or the delivery of property to the state revenue commissioner.
(b) The fees charged by any person, firm, or corporation to recover or assist in the recovery for and on behalf of a claimant of property reported and delivered to the state revenue commissioner under this article shall not exceed 10 percent of the value of the property recovered. All funds or property located by a person to be compensated by the payment of such a fee shall be paid or delivered directly to the owner and may not be paid or delivered to the person to receive the fee whether pursuant to a duly executed power of attorney or otherwise."
Section 4. This Act shall become effective on July 1, 1989.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Gillis Hammill Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Taylor Turner Tysinger Walker

Voting in the negative was Senator Tate.

Those not voting were Senators:

Barker Brannon Coleman Coverdell (excused)

Garner Harris Kennedy (presiding) Olmstead

Shumake Starr Timmons

On the passage of the bill, the yeas were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

1142

JOURNAL OF THE SENATE

HB 229. By Representatives Thomas of the 31st, Pannell of the 122nd, Oliver of the 53rd and others:
A bill to amend Code Section 24-2-3 of the Official Code of Georgia Annotated, relating to the admissibility of certain evidence in a prosecution for rape, so as to change the exceptions to the inadmissibility of certain evidence in a prosecution for rape.
Senate Sponsor: Senator Deal of the 49th.
The Senate Committee on Judiciary offered the following substitute to HB 229:
A BILL
To be entitled an Act to amend Code Section 24-2-3 of the Official Code of Georgia Annotated, relating to the admissibility of certain evidence in a prosecution for rape, so as to change the exceptions to the inadmissibility of certain evidence in a prosecution for rape; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 24-2-3 of the Official Code of Georgia Annotated, relating to the admissibility of certain evidence in a prosecution for rape, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section to read as follows:
"24-2-3. (a) In any prosecution for rape, evidence relating to the past sexual behavior of the complaining witness shall not be admissible, either as direct evidence or on cross-exami nation of the complaining witness or other witnesses, except as provided in this Code sec tion. For the purposes of this Code section, evidence of past sexual behavior includes, but is not limited to, evidence of the complaining witness's marital history, mode of dress, general reputation for promiscuity, nonchastity, or sexual mores contrary to the community standards.
(b) In any prosecution for rape, evidence relating to the past sexual behavior of the complaining witness may be introduced if the court, following the procedure described in subsection (c) of this Code section, finds that the past sexual behavior directly involved the participation of the accused and finds that the evidence expected to be introduced supports an inference that the accused could have reasonably believed that the complaining witness consented to the conduct complained of in the prosecution.
(c) The procedure for introducing evidence as described in subsection (b) of this Code section shall be as follows:
(1) At the time the defense shall seek to introduce evidence which would be covered by subsection (b) of this Code section, the defense shall notify the court of such intent, where upon the court shall conduct an in camera hearing to examine into the defendant's offer of proof;
(2) At the conclusion of the hearing, if the court finds that any of the evidence intro duced at the hearing is admissible under subsection (b) of this Code section or is so highly material that it will substantially support a conclusion that the accused reasonably believed that the complaining witness consented to the conduct complained of and that justice man dates the admission of such evidence, the court shall by order state what evidence may be introduced by the defense at the trial of the case and in what manner the evidence may be introduced; and
(3) The defense may then introduce evidence pursuant to the order of the court."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

THURSDAY, FEBRUARY 23, 1989

1143

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Broun Burton Clay Coleman Collins Dawkins Deal Echols Edge English Engram

Fincher Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Coverdell (excused)

Dean Harris Kennedy (presiding)

Olmstead Shumake

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 488. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to change provisions relat ing to the exemption for the rental of motion picture film; to make provisions for exemption of certain rentals of videotape.
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:

February 10, 1989

1144

JOURNAL OF THE SENATE

SUBJECT: Fiscal Note--House Bill 488 (LC 14 5177ER) Sales Tax Exemption--Videotape Rentals
This bill would exempt from state sales and use tax the rental of videotape to any person who charges an admission fee to view such videotape or otherwise televises, broad casts, or transmits the contents of such videotape by commercial or cable television broad cast. The same provisions would also apply to the rental of motion picture film. Current provisions exempt the rental of motion picture film from the state sales and use tax without regard to the use of such rental. If enacted, this bill would become effective July 1, 1989.
The fiscal impact of this bill on state revenues cannot be determined without a detailed study of videotape rentals in this state. The Department of Revenue (DOR) does not cur rently collect state sales or use tax on videotape rentals because of their interpretation of a recent court decision. By clarifying which forms of videotape rentals are to remain exempt from the state sales and use tax, this bill would allow the department to impose and collect the state sales and use tax on the remaining types of videotape rentals.

M G. W. Hogan State Auditor

/a/ C. T. Stevens, Director Office of Planning and Budget

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Brannon Clay Dawkins Echols English Engram Fincher

Foster Fuller Hammill Howard Huggins Johnson Kidd Land Langford McKenzie Parker

Pollard Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Barnes Burton Collins Deal

Edge Newbill Peevy Perry

Phillips Ragan of 32nd Taylor

Those not voting were Senators:

Barker Broun Coleman Coverdell (excused)

Dean Garner Gillis Harris

Kennedy (presiding) Olmstead Ragan of 10th Shumake

On the passage of the bill, the yeas were 33, nays 11.

The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 23, 1989

1145

HB 489. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Article 4 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to corporate net worth tax, so as to change the date upon which tax returns and payments are due.
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:

February 6, 1989

SUBJECT: Fiscal Note--House Bill 489 (LC 14 5182ER) Corporate Net Worth Tax: Date of Returns and Payments

This bill would require corporations which are subject to the corporate net worth tax to file returns and pay the taxes due on or before the fifteenth day of the third calendar month of each corporation's tax period. Current provisions require returns and payments in the fourth calendar month. If enacted, this bill would become effective upon the Governor's approval or upon becoming law without such approval and would apply to tax years begin ning on or after January 1, 1989.

This bill would have no fiscal impact on state revenues.

/a/ G. W. Hogan State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Burton Clay Collins Dawkins Deal Dean Edge

Engram Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie

Newbill Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate

1146

JOURNAL OF THE SENATE

Taylor Timmons

Turner Tysinger

Walker

Those not voting were Senators:

Bowen Coleman Coverdell (excused)

Echols English Fincher

Kennedy (presiding) Olmstead Shumake

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 259. By Representative Porter of the 119th:
A bill to amend Article 6 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure in the probate courts of certain counties, so as to expand the jurisdiction of the probate courts of certain counties to include concurrent jurisdiction with the superior courts over the appointment of trustees and the acceptance of a trustee's resignation.
Senate Sponsor: Senator Johnson of the 47th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Coverdell (excused) English

Kennedy (presiding) Shumake

Timmons

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 23, 1989

1147

HB 201. By Representatives Dobbs of the 74th, Lane of the lllth, Porter of the 119th and others: A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair trade practices in the transaction of insurance, so as to define certain terms; to require disclosures to insureds; to require identification on nonoriginal equipment manufacturer aftermarket crash parts. Senate Sponsors: Senators Stumbaugh of the 55th and Dawkins of the 45th.
The Senate Committee on Insurance offered the following amendment:
Amend HB 201 by adding on line 3 of page 1 after the word "to" and before the word "define" the following:
"change the time period for insurers to apply for a salvage certificate of title; to".
By striking on line 19 of page 1 the following: "15",
and inserting in its place the following: "30".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon
JBlu^rtTon Clay Coleman
Collins Dawkins Deal Dean Echols Edge

English Fincher Foster Fuller Garner Gillis Hammill
HHoawmasrd Huggins Johnson
Kidd Land Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd
Sqcott of 36th ^arr , , Stumbaugh
late Taylor Timmons Turner Tysinger Walker

Voting in the negative were Senators Engram and Langford.

Those not voting were Senators:

Coverdell (excused) Kennedy (presiding

McKenzie

Shumake

On the passage of the bill, the yeas were 50, nays 2.

1148

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed as amended.
HB 269. By Representatives Brown of the 88th, Thurmond of the 67th, Randall of the 101st, Holmes of the 28th, Cheeks of the 89th and Bishop of the 94th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds for public works, and Code Section 36-10-4 of the Official Code of Georgia Annotated, relating to bonds of contractors, so as to provide for the acceptances and giving of letters of credit in lieu of certain bonds.
Senate Sponsors: Senators Dawkins of the 45th and Kidd of the 25th.
Senator Kidd of the 25th offered the following substitute to HB 269:
A BILL
To be entitled an Act to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, so as to provide for the acceptances and giving of letters of credit in lieu of certain bonds; to require contractors to provide payment bonds for the use and protection of persons supplying labor or materials to a subcontractor of the principal contractor; to provide for payments by the principal contractor when certain accounts are due or agreements violated; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 13 of the Official Code of Georgia annotated, relating to contracts for public works, is amended by striking in its entirety paragraph (2) of subsection (b) of Code Section 13-10-1, relating to bid bonds and other bonds required on contracts with the state and other political subdivisions for public works, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) A payment bond with good and sufficient surety or sureties, payable to the state, county, municipal corporation, or public board or body thereof for which the work is to be done, and for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the contract, including any subcontractor having a direct contract with a principal contractor for labor, materials, or equipment. In case of any forfeiture of payment to labor according to a subcontractor's agreement, the surety must make said payments within 24 working days from the due date. All other accounts due involving materials, equipment, and machinery must be paid before the principal contractor receives any moneys from his escrow account or is relieved from his bond responsibilities. The payment bond on the principal contractor shall be in the amount of at least the total amount payable by the terms of the contract."
Section 2. Said chapter is further amended by adding at the end of Code Section 13-101, relating to bid bonds and other bonds required on contracts with the state and other political subdivisions for public works, a new subsection (d) to read as follows:
"(d) Where the amount of any bond required under the other subsections of this Code section does not exceed $300,000.00, the state, a county, a municipality, or any public board or body may, in its sole discretion, accept an irrevocable letter of credit issued by a bank or savings and loan association, as defined in Code Section 7-1-4, in the amount of and in lieu of the bond otherwise required under the other subsections of this Code section."
Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 36-10-4, relating to bonds of contractors, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Contractors who are awarded contracts shall be required to give bond for the total amount of the bid, with one good and solvent security, for the faithful performance of the contract and to indemnify the county for any damages occasioned by a failure to perform the same within the prescribed time, except that an irrevocable letter of credit may be sub-

THURSDAY, FEBRUARY 23, 1989

1149

stituted for that bond under the conditions provided in subsection (d) of Code Section 1310-1."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

Senator Kennedy of the 4th, President Pro Tempore, announced that, pursuant to Sen ate Rule 143, consideration of the substitute and bill would be suspended and placed on the Senate General Calendar.

The President assumed the Chair.

HB 336. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th, Groover of the 99th and others:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the provisions relat ing to the filing of documents, registrations, and reports with the Secretary of State; to provide for notice and the giving of notice; to provide for time periods and requirements related thereto.
Senate Sponsor: Senator Johnson of the 47th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill

Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Bowen Coverdell (excused)

Shumake Taylor

Timmons

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1150

JOURNAL OF THE SENATE

HB 333. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th, Groover of the 99th and others:
A bill to amend Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the "Uniform Partnership Act," so as to change the provisions relating to statements of partnership and amendments thereto; to provide for a conclu sive presumption against a partnership; to change the provisions relating to ap plication of partnership property to satisfy obligations upon rightful dissolution and rights of partners following wrongful dissolution.
Senate Sponsor: Senator Johnson of the 47th.

Senator Johnson of the 47th offered the following amendment:

Amend HB 333 by striking from line 11 of page 1 the following: "continuing partnership;", and inserting in lieu thereof the following: "partnership continuing the business of a dissolved partnership;". By deleting from lines 23 and 24 of page 5 the following: "without the winding up of the partnership affairs". By striking line 27 of page 5 and inserting in lieu thereof the following: "the partnership continuing the business without reversion or". By deleting from lines 1 and 2 of page 6 the following: "without the winding up of the partnership affairs". By striking from lines 4, 7, and 11 of page 6 the following: "continued partnership", and inserting in lieu thereof the following: "partnership continuing the business".

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins

Deal Dean Echols Edge English Engram Fincher Foster Fuller Garner Gillis Hammill Harris

Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy Perry

THURSDAY, FEBRUARY 23, 1989

1151

Phillips Pollard Ragan of 10th Raganof32nd
Ray

Scott of 2nd Scott of 36th Starr Stumbaugh
Taylor

Timmons Turner
Tysmger Walker

Those not voting were Senators:

Coverdell (excused)

Shumake

Tate

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 220. By Representatives Coleman of the 118th, Royal of the 144th and Crosby of the 150th:
A bill to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal sales and use taxation, so as to specify certain circumstances under which a tax shall be levied in certain special districts; to provide that under such circumstances certain past noncompliance with certain procedures shall not affect the levy of the tax.

Senate Sponsor: Senator Dean of the 31st.

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:

January 30, 1989

SUBJECT: Fiscal Note--House Bill 220 (LC 14 5091) Joint County and Municipal Sales and Use Tax

This bill would specify conditions under which a joint county and municipal sales and use tax could be levied in certain special districts without regard to any past noncompliance with the imposition procedures of the tax. The bill would also allow certain qualified munic ipalities to request a portion of the net tax proceeds even though such distribution was not specified in the distribution certificate most recently filed with the state revenue commis sioner. If such a request was approved, the commissioner would calculate a new distribution formula (as instructed per provisions within the bill) which would remain in effect until a subsequent distribution certificate was filed and became effective. If enacted, this bill would become effective upon the Governor's approval or upon its becoming law without such approval.

This bill would have no fiscal impact upon state revenues as it only deals with the distribution of joint county and municipal sales and use taxes already being collected. The Department of Revenue has indicated that there would be administrative costs associated with the bill; however, these costs have not been estimated at this time.

l&l G. W. Hogan State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Dawkins Deal Dean Echols Edge 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 10th Ragan of 32nd Ray Scott of 36th Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Collins Coverdell (excused)

Langford Scott of 2nd Shumake

Starr Tate

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 206. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Chapter 42 of Title 33 of the Official Code of Georgia Annotated, relating to long-term care insurance, so as to allow such insurance to be provided through a rider to a life insurance policy or by inclusion of a long-term care pro vision within a life insurance policy; to provide for applicability; to prohibit in certain policies a requirement of institutionalization prior to the payment of benefits.
Senate Sponsor: Senator Baldwin of the 29th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes

Bowen Burton Clay Coleman

Collins Dawkins Deal Dean

THURSDAY, FEBRUARY 23, 1989

1153

Echols Edge English Engram FGua*lrltneeerrr
Hammill Harris Howard Huggins

Johnson Kennedy Kidd Land
L.M..acnK?g,efonrzdie Newbill
Olmstead Peevy Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ray
SS0 ct. aortrt of 36th Stumbaugh Tate Timmons Turner Tysinger

Those not voting were Senators:

Albert Brannon Broun Coverdell (excused)

Fincher Parker Scott of 2nd

Shumake Taylor Walker

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 221. By Representative Redding of the 50th:
A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to require each mem ber of the State Board of Education to hold annual public hearings within the member's respective congressional district to hear testimony from citizens and educators within the congressional district regarding the performance and problems of public education within the district.
Senate Sponsor: Senator Land of the 16th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Burton Clay Collins Dawkins Deal Dean Echols Edge Engram

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill

Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger Walker

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Those not voting were Senators:

Albert Coleman Coverdell (excused)

English Parker Scott of 2nd

Shumake Taylor

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 176. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to group requirements for life insurance, so as to provide that multiple employer welfare arrangements shall constitute lawful groups for purposes of the delivery of group life insurance.
Senate Sponsor: Senator Baldwin of the 29th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen
Broun Burton Clay Coleman
Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Johnson Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Coverdell (excused) Huggins

Kennedy Shumake

Starr Tate

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 23, 1989

1155

HB 431. By Representatives Godbee of the 110th, Kilgore of the 42nd, Birdsong of the 104th, Murphy of the 18th and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to the length of vehicles and loads, so as to provide for loads to extend beyond the rear of the vehicle under certain circumstances.
Senate Sponsor: Senator English of the 21st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols

Edge English Fincher Foster Fuller Gillis Hammill Harris Johnson Kennedy Kidd Land Langford McKenzie Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Voting in the negative were Senators Engram and Newbill.

Those not voting were Senators:

Coverdell (excused) Garner

Howard Huggins

Shumake Walker

On the passage of the bill, the yeas were 48, nays 2.

The bill, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Ellard, the Clerk thereof.

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House and Senate:

HB 896. By Representatives Padgett of the 86th, Connell of the 87th, Walker of the 85th and Cheeks of the 89th:
A bill to amend an Act providing that the governing authority of Richmond County shall be a board of commissioners consisting of a chairman and nine other members and designating the board as the Augusta-Richmond County Commission-Council and the members of the board of commissioners as commis-

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sioners-councilpersons, so as to change the title of the chairman to chairmanmayor.
HB 807. By Representative Hudson of the 117th: A bill to provide for the continuing existence of the Wilcox County School Dis trict and the Wilcox County board of education; to provide for the election of the members of the board.
HB 808. By Representative Hudson of the 117th: A bill to amend an Act creating the Board of Commissioners of Wilcox County, so as to provide for the election of the members of the board.
HB 880. By Representative Hanner of the 131st: A bill to amend an Act providing a new charter for the City of Dawson, so as to change the corporate limits of the city.
HB 882. By Representative Hanner of the 131st: A bill to amend an Act to provide a new charter for the Town of Sasser, so as to change the provisions relating to the election of the mayor and councilmen.
HB 883. By Representatives Barnett of the 59th, Bannister of the 62nd, Goodwin of the 63rd, Wall of the 61st and Mobley of the 64th: A bill to amend an Act providing for a Gwinnett County Board of Registrations and Elections, so as to change certain provisions relating to the appointment of certain members.
HB 884. By Representative Hanner of the 131st: A bill to amend an Act to provide a new charter for the City of Dawson, so as to change the provisions relating to the election of the mayor and councilmen.
HB 886. By Representatives Oliver of the 53rd, Lawrence of the 49th, Baker of the 51st, Richardson of the 52nd, Teper of the 46th and others: A bill to amend an Act providing a supplement to the compensation, expenses, allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.
HB 888. By Representative Hanner of the 131st: A bill to amend an Act incorporating the Town of Bronwood, so as to provide for the terms of office and date of election of the mayor and members of the city council.
HB 892. By Representative Yeargin of the 14th: A bill to create the Oglethorpe County Water Authority.
HB 893. By Representative Yeargin of the 14th: A bill to create the Elbert County Richard B. Russell Development Authority and to authorize such authority to acquire, construct, equip, maintain, and oper ate on public property boat docks; piers; boat ramps; cabins; restaurants; motels; hotels; recreational centers and areas, including, but not limited to, playgrounds; parks; hiking, camping, and picnicking areas and facilities.

THURSDAY, FEBRUARY 23, 1989

1157

HB 903. By Representatives Carrell of the 65th, Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act creating a new judicial circuit for the State of Georgia, known as the Alcovy Judicial Circuit, so as to change the salary supplement for each superior court judge of the Alcovy Judicial Circuit.
SB 281. By Senator Kidd of the 25th:
A bill to amend an Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, as amended, so as to repeal certain provisions relating to residency requirements for employees of the city; to change the provisions relating to fines imposed by the judge of the municipal court.
The following bills of the House were read the first time and referred to committee:
HB 807. By Representative Hudson of the 117th: A bill to provide for the continuing existence of the Wilcox County School Dis trict and the Wilcox County board of education; to provide for the election of the members of the board.
Referred to Committee on Urban and County Affairs.
HB 808. By Representative Hudson of the 117th: A bill to amend an Act creating the Board of Commissioners of Wilcox County, so as to provide for the election of the members of the board.
Referred to Committee on Urban and County Affairs.
HB 880. By Representative Hanner of the 131st:
A bill to amend an Act providing a new charter for the City of Dawson, so as to change the corporate limits of the city. Referred to Committee on Urban and County Affairs.
HB 882. By Representative Hanner of the 131st: A bill to amend an Act to provide a new charter for the Town of Sasser, so as to change the provisions relating to the election of the mayor and councilmen.
Referred to Committee on Urban and County Affairs.
HB 883. By Representatives Barnett of the 59th, Bannister of the 62nd, Goodwin of the 63rd and others:
A bill to amend an Act providing for a Gwinnett County Board of Registrations and Elections, so as to change certain provisions relating to the appointment of certain members. Referred to Committee on Urban and County Affairs.
HB 884. By Representative Hanner of the 131st: A bill to amend an Act to provide a new charter for the City of Dawson, so as to change the provisions relating to the election of the mayor and councilmen.
Referred to Committee on Urban and County Affairs.

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HB 886. By Representatives Oliver of the 53rd, Lawrence of the 49th, Baker of the 51st and others: A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.
Referred to Committee on Urban and County Affairs.
HB 888. By Representative Hanner of the 131st: A bill to amend an Act incorporating the Town of Bronwood, so as to provide for the terms of office and date of election of the mayor and members of the city council.
Referred to Committee on Urban and County Affairs.
HB 892. By Representative Yeargin of the 14th: A bill to create the Oglethorpe County Water Authority.
Referred to Committee on Urban and County Affairs.
HB 893. By Representative Yeargin of the 14th: A bill to create the Elbert County Richard B. Russell Development Authority and to authorize such authority to acquire, construct, equip, maintain, and oper ate on public property boat docks; piers; boat ramps; cabins; restaurants; motels; hotels; recreational centers and areas, including, but not limited to, playgrounds; parks; hiking, camping, and picnicking areas and facilities.
Referred to Committee on Urban and County Affairs.
HB 896. By Representatives Padgett of the 86th, Connell of the 87th, Walker of the 85th and Cheeks of the 89th: A bill to amend an Act providing that the governing authority of Richmond County shall be a board of commissioners consisting of a chairman and nine other members and designating the board as the Augusta-Richmond County Commission-Council and the members of the board of commissioners as commissioners-councilpersons, so as to change the title of the chairman to chairmanmayor.
Referred to Committee on Urban and County Affairs.
HB 903. By Representatives Carrell of the 65th, Dobbs of the 74th and Stancil of the 66th: A bill to amend an Act creating a new judicial circuit for the State of Georgia, known as the Alcovy Judicial Circuit, so as to change the salary supplement for each superior court judge of the Alcovy Judicial Circuit.
Referred to Committee on Urban and County Affairs.
The following bill of the Senate was taken up for the purpose of considering the House action thereon:
SB 38. By Senators Howard of the 42nd, Johnson of the 47th and Starr of the 44th: A bill to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions regarding handicapped persons, so as to provide for a definition; to provide for the establishment of the Georgia Service Center for Hearing Impaired Persons and the services to be provided by that center.
Senator Howard of the 42nd moved that the Senate adhere to its disagreement to the House amendment to SB 38, and that a Conference Committee be appointed.

THURSDAY, FEBRUARY 23, 1989

1159

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SB 38.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Howard of the 42nd, Johnson of the 47th and Starr of the 44th.
The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:
SB 83. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Chapter 23 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Environmental Facilities Authority Act," relating to the creation of the authority and its program of assisting local governments in meeting their need for environmental facilities, so as to provide for the extension of such pro gram to include assistance for solid waste facilities.
The House amendments were as follows:
Amendment No. 1:
Amend SB 83 by adding on line 7 of page 1 between the word and symbol "facilities;" and the word "to" the following:
"to provide for the establishment and collection of certain rents, rates, fees, or charges in connection with solid waste facilities;"
By adding between lines 10 and 11 of page 6 the following:
"Section 5. Said chapter is further amended by striking subsection (f) of Code Section 50-23-7, relating to leases to local governments, and inserting in its place a new subsection (f) to read as follows:
'(f) Any lease agreement directly between the state or authority and a local government may contain provisions requiring the local government to perform any or all of the following:
(1) In the case of a sewerage facility, to establish and collect sewer rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) The costs of operation, maintenance, renewal, replacement, and repairs of the sew erage facility of such local government; and
(B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the pur poses of such sewerage facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves;
(2) In the case of a water facility, to establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) The costs of operation, maintenance, renewal, and repairs of the water facility of such local government; and
(B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the pur poses of such water facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves;

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JOURNAL OF THE SENATE

(3) In the case of a solid waste facility, to establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) The costs of operation, maintenance, renewal, and repairs of the water facility of such local government; and
(B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the pur poses of such solid waste facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves;
(4) To create and maintain reasonable reserves or other special funds;
(5) To create and maintain a special fund or funds as additional security for the punc tual payment of any rentals due under such lease agreement and for the deposit therein of such revenues as shall be sufficient to pay said lease rentals and any other amounts becom ing due under such lease agreements as the same shall become due and payable; or
(6) To perform such other acts and take such other action as may be deemed necessary and desirable by the authority to secure the complete and punctual performance by such local government of such lease agreements and to provide for the remedies of the authority in the event of a default by such local government in such payment.'"
By striking from line 11 of page 6 the following:
"Section 5."
and inserting in its place the following:
"Section 6."
By striking from line 21 of page 6 the following:
"Section 6.",
and inserting in its place the following:
"Section 7."

Amendment No. 2:

Amend SB 83 by inserting on page 2, line 32, after the word "treating,"
the following: "recycling, composting,".

Senator Barnes of the 33rd moved that the Senate agree to the House amendments to SB 83.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay

Coleman Collins Dawkins Deal Dean Edge English Engram Fincher Foster

Fuller Gillis Hammill Harris Howard Kennedy Kidd Land Langford McKenzie

THURSDAY, FEBRUARY 23, 1989

1161

Newbill Olmstead Parker
Peevy Perry Phillips
Pollard

Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th Starr

Stumbaugh Tate Timmons
Turner Tysinger Walker

Voting in the negative was Senator Taylor.

Those not voting were Senators:

Coverdell (excused) Echols

Garner Huggins

Johnson Shumake

On the motion, the yeas were 49, nays 1; the motion prevailed, and the Senate agreed to the House amendments to SB 83.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 96. By Representative Barnett of the 10th:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to change the provisions relating to compensation of court bailiffs and expense allowances for jurors.

Senator Barnes of the 33rd moved that the Senate adhere to the Senate amendment to HB 96, and that a Conference Committee be appointed.

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 96.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Barnes of the 33rd, Walker of the 43rd and Echols of the 6th.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 12:12 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Friday, February 24, 1989
Thirty-first Legislative Day

The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator 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 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 124. By Representative Smith of the 78th:
A bill to amend Part 1 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding conveyances to se cure debt and bills of sale, so as to require that mailing addresses of grantees and transferees of deeds to secure debt be included upon such deeds or transfers in order for them to be recorded.
HB 719. By Representatives Milam of the 81st, Cheeks of the 89th, Long of the 142nd, Crawford of the 5th, Davis of the 72nd and others:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to prohibit the sale at retail of certain cleaning agents and chemical water conditioners.
HB 634. By Representatives Steele of the 97th, Watts of the 41st, Adams of the 79th, Dobbs of the 74th, Alford of the 57th and others:
A bill to amend Code Section 16-12-160 of the Official Code of Georgia Anno tated, relating to the crime of buying or selling or offering to buy or sell the human body or parts thereof, so as to provide for a definition.
HB 617. By Representatives Royal of the 144th and Long of the 142nd:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to certain fees and taxes with respect to insurance, so as to change cer tain provisions relating to the funding of services in unincorporated areas of counties levying tax under such chapter; to change the authorized uses of the proceeds of such taxes.

FRIDAY, FEBRUARY 24, 1989

1163

The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 277. By Representatives Birdsong of the 104th and Hudson of the 117th: A resolution designating the A. T. Land, Sr. Highway.
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 716. By Representatives Crosby of the 150th and Coleman of the 118th:
A bill to amend Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to unauthorized payments and overpayments of public assistance under social services programs, so as to provide for recovery when any person receives any unauthorized payment or overpayment.
HB 689. By Representatives Murphy of the 18th and Watson of the 114th:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exemptions under the "Boiler and Pressure Vessel Safety Act," so as to change provisions relating to an exemption from certain requirements for cer tain pressure vessels used for the storage of liquefied propane gas.
HB 638. By Representatives Hooks of the 116th, Lawson of the 9th, Childers of the 15th and Parham of the 105th:
A bill to amend Chapter 5 of Title 37 of the Official Code of Georgia Annotated, relating to community services for the mentally retarded, so as to change the provisions regarding payment for services.
HB 686. By Representatives Watson of the 114th, Dunn of the 73rd, Snow of the 1st, Connell of the 87th, Oliver of the 53rd and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide restrictions upon require ments imposed by workers' compensation insurance, self-insurance, and group self-insurance, relating to obtaining pharmacy services from out-of-state mail or der pharmacies.
HB 706. By Representatives Twiggs of the 4th and Moody of the 153rd:
A bill to amend Code Section 35-3-9 of the Official Code of Georgia Annotated, relating to narcotics agents, so as to remove the prohibition against the eligibility of narcotics agents for participation in the Peace Officers' Annuity and Benefit Fund.
HB 599. By Representatives Floyd of the 154th, Porter of the 119th and Smith of the 78th:
A bill to amend Code Section 15-12-81 of the Official Code of Georgia Annotated, relating to notice of upcoming appointment by the grand jury, so as to provide that any board, authority, or entity whose members are elected, selected, or ap pointed by the grand jury of a county shall notify the clerk of superior court of the upcoming appointment.
HB 725. By Representatives Dobbs of the 74th, Colwell of the 4th and Lane of the lllth: A bill to amend Code Section 50-16-161 of the Official Code of Georgia Anno tated, relating to the applicability to movable personal property of the central inventory of personal property maintained by the Department of Administrative

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Services, so as to change the provisions relating to the acquisition costs of an agency's personal property required to be included in the inventory.
SB 187. By Senators Johnson of the 47th, Albert of the 23rd and Dawkins of the 45th: A bill to amend Code Section 11-3-508 of the Official Code of Georgia Annotated, relating to notice of dishonor under the "Uniform Commercial Code--Commercial Paper" article, so as to provide that upon request of any party to an instrument, the drawee shall provide an affidavit giving the specific reason for dishonor.
SB 200. By Senators Starr of the 44th, Deal of the 49th and Collins of the 17th: A bill to amend Code Section 40-5-121 of the Official Code of Georgia Annotated, relating to driving a motor vehicle while license suspended or revoked, and Code Section 40-6-390, relating to the serious offense of reckless driving, so as to change the periods of incarceration and the amounts of fines which may be im posed for violations of said Code sections.
HB 592. By Representatives Smith of the 152nd, Byrd of the 153rd, Jackson of the 9th, Moody of the 153rd, Mangum of the 57th and others: A bill to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in Title 40, so as to change the definition of the term "school bus".
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 170. By Senator Coleman of the 1st: A resolution commending the Citizens' Committee for Skidaway Island State Park, Union Camp Corporation, and the Branigar Organization.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 731. By Representatives Athon of the 57th and Mangum of the 57th: A bill to amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to the assessment of effectiveness of educational programs required by the "Quality Basic Education Act," so as to provide that the school readiness assessment prepared by the State Board of Education shall be uniform state wide for all students entering first grade.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 384. By Senator Kidd of the 25th: A bill to amend an Act creating a new Board of Education of Wilkinson County, as amended, so as to authorize a member of the board of education to serve si multaneously in an elected office of a municipality.
Referred to Committee on Urban and County Affairs.
SB 385. By Senator Kidd of the 25th: A bill to amend an Act providing a new charter for the City of Gordon in Wilkin son County so as to authorize the mayor or a member of the city council to serve simultaneously on the board of education of Wilkinson County.
Referred to Committee on Urban and County Affairs.

FRIDAY, FEBRUARY 24, 1989

1165

SB 386. By Senator Newbill of the 56th:
A bill to create the Fulton County Government Study Commission; to provide for the membership of the commission; to provide for its organization and operation; to provide for a budget of the commission; to provide for staff and employees of the commission; to provide that it shall be the duty of the commission to recom mend a complete revision of the laws relating to the government of Fulton County. Referred to Committee on Urban and County Affairs.
SR 183. By Senators Harris of the 27th, Olmstead of the 26th, Kidd of the 25th and others:
A resolution directing the Department of Transportation to conduct a feasibility study of state-wide mass transit and heavy rail systems. Referred to Committee on Transportation.
SR 184. By Senator Olmstead of the 26th:
A resolution urging the United States Congress to adopt appropriate legislation to require out-of-state companies to pay state sales tax. Referred to Committee on Banking and Finance.
SR 185. By Senator Kidd of the 25th:
A resolution creating the Senate Adoption Study Committee. Referred to Committee on Children and Youth.
SR 186. By Senator Newbill of the 56th:
A resolution urging the Fulton-DeKalb Hospital Authority to provide annually a summary of its revenues and expenditures to members of the Fulton County leg islative delegation. Referred to Committee on Urban and County Affairs.
The following bills and resolution of the House were read the first time and referred to committees:
HB 124. By Representative Smith of the 78th:
A bill to amend Part 1 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding conveyances to se cure debt and bills of sale, so as to require that mailing addresses of grantees and transferees of deeds to secure debt be included upon such deeds or transfers in order for them to be recorded. Referred to Committee on Judiciary.
HB 592. By Representatives Smith of the 152nd, Byrd of the 153rd, Jackson of the 9th and others:
A bill to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in Title 40, so as to change the definition of the term "school bus". Referred to Committee on Education.
HB 599. By Representatives Floyd of the 154th and Porter of the 119th:
A bill to amend Code Section 15-12-81 of the Official Code of Georgia Annotated, relating to notice of upcoming appointment by the grand jury, so as to provide that any board, authority, or entity whose members are elected, selected, or ap-

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pointed by the grand jury of a county shall notify the clerk of superior court of the upcoming appointment. Referred to Committee on Judiciary.
HB 617. By Representatives Royal of the 144th and Long of the 142nd:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to certain fees and taxes with respect to insurance, so as to change cer tain provisions relating to the funding of services in unincorporated areas of counties levying tax under such chapter; to change the authorized uses of the proceeds of such taxes. Referred to Committee on Banking and Finance.
HB 634. By Representatives Steele of the 97th, Watts of the 41st, Adams of the 79th and others:
A bill to amend Code Section 16-12-160 of the Official Code of Georgia Anno tated, relating to the crime of buying or selling or offering to buy or sell the human body or parts thereof, so as to provide for a definition. Referred to Committee on Special Judiciary.
HB 638. By Representatives Hooks of the 116th, Lawson of the 9th, Childers of the 15th and Parham of the 105th:
A bill to amend Chapter 5 of Title 37 of the Official Code of Georgia Annotated, relating to community services for the mentally retarded, so as to change the provisions regarding payment for services. Referred to Committee on Human Resources.
HB 686. By Representatives Watson of the 114th, Dunn of the 73rd, Snow of the 1st and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide restrictions upon require ments imposed by workers' compensation insurance, self-insurance, and group self-insurance, relating to obtaining pharmacy services from out-of-state mail or der pharmacies. Referred to Committee on Industry and Labor.
HB 689. By Representatives Murphy of the 18th and Watson of the 114th:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exemptions under the "Boiler and Pressure Vessel Safety Act," so as to change provisions relating to an exemption from certain requirements for cer tain pressure vessels used for the storage of liquefied propane gas. Referred to Committee on Industry and Labor.
HB 706. By Representatives Twiggs of the 4th and Moody of the 153rd:
A bill to amend Code Section 35-3-9 of the Official Code of Georgia Annotated, relating to narcotics agents, so as to remove the prohibition against the eligibility of narcotics agents for participation in the Peace Officers' Annuity and Benefit Fund. Referred to Committee on Public Safety.
HB 716. By Representatives Crosby of the 150th and Coleman of the 118th:
A bill to amend Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to unauthorized payments and overpayments of public assistance under

FRIDAY, FEBRUARY 24, 1989

1167

social services programs, so as to provide for recovery when any person receives any unauthorized payment or overpayment.
Referred to Committee on Banking and Finance.

HB 719. By Representatives Milan of the 81st, Cheeks of the 89th, Long of the 142nd and others:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to prohibit the sale at retail of certain cleaning agents and chemical water conditioners.
Referred to Committee on Natural Resources.

HB 725. By Representatives Dobbs of the 74th, Colwell of the 4th and Lane of the lllth:
A bill to amend Code Section 50-16-161 of the Official Code of Georgia Anno tated, relating to the applicability to movable personal property of the central inventory of personal property maintained by the Department of Administrative Services, so as to change the provisions relating to the acquisition costs of an agency's personal property required to be included in the inventory.
Referred to Committee on Governmental Operations.

HB 731. By Representatives Athon of the 57th and Mangum of the 57th:
A bill to amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to the assessment of effectiveness of educational programs required by the "Quality Basic Education Act," so as to provide that the school readiness assessment prepared by the State Board of Education shall be uniform state wide for all students entering first grade.
Referred to Committee on Education.

HR 277. By Representatives Birdsong of the 104th and Hudson of the 117th: A resolution designating the A. T. Land, Sr., Highway.
Referred to Committee on Transportation.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Agriculture has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 165. Do pass. SR 177. Do pass.
Respectfully submitted,
English of the 21st District, Chairman

Mr. President:

The Committee on Children and Youth has had under consideration the following bills and resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 227. Do pass.

SB 374. Do pass.

SB 353. Do pass.

SB 382. Do pass.

SB 355. Do pass.

SB 383. Do pass.

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SR 148. Do pass. SR 149. Do pass.

SR 155. Do pass. SR 167. Do pass. Respectfully submitted, Senator Barker of the 18th District, Chairman

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 399. Do pass.
Respectfully submitted,
Senator Langford of the 35th District, Chairman

Mr. President:

The Committee on Education has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 161. Do pass.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 215. Do pass by substitute.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 346. Do pass.

HB 239. Do pass.

SB 351. Do pass.

HB 403. Do pass by substitute.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 208. Do pass by substitute.

SB 360. Do pass by substitute.

SB 333. Do pass by substitute.

HB 58. Do pass.

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1169

HB 470. HB 661. HB 864.

Do pass. Do pass. Do pass.

Mr. President:

HR 22. Do pass. SB 320. Do pass by substitute.
Respectfully submitted, Senator Howard of the 42nd District, Chairman

The Committee on Insurance has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 203. HB 484. HB 606.

Do pass. Do pass. Do pass.

HB 608. Do pass. HB 613. Do pass.

Respectfully submitted,

Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 306. Do pass by substitute.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations:
SB 367. Do pass.
SB 368. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 369. Do pass by substitute. SB 371. Do pass as amended. HB 466. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

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Mr. President:

The Committee on Public Utilities has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 310. Do pass by substitute.

SR 171. Do pass as amended.

SB 361. Do pass by substitute.

SR 175. Do pass.

SR 164. Do pass.

HR 89. Do pass.

Respectfully submitted,

Senator Scott of the 2nd District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 270. Do pass. SB 271. Do pass. SB 372. Do pass.
Respectfully submitted,
Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 342. Do pass as amended.

HB 758. Do pass.

SR 163. Do pass.

HR 190. Do pass.

HB 612. Do pass.

HR 228. Do pass.

HB 757. Do pass as amended.

HR 242. Do pass.

Respectfully submitted,

Senator Coleman of the 1st District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 790. Do pass.

HB 815. Do pass.

HB 794. Do pass.

HB 816. Do pass.

HB 804. Do pass.

HB 820. Do pass.

HB 806. Do pass. HB 811. Do pass.

HB 821. Do pass. HB 823. Do pass.

HB 812. Do pass.

HB 824. Do pass by substitute.

Respectfully submitted,

Senator Harris of the 27th District, Chairman

FRIDAY, FEBRUARY 24, 1989

1171

The following bills and resolutions of the Senate and House were read the second time:
SR 54. By Senator Kidd of the 25th: A resolution authorizing and directing the conveyance of certain state owned property located in Baldwin County, Georgia; to repeal a specific Act; to provide an effective date.
SR 91. By Senators Dean of the 31st and Kennedy of the 4th: A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizens' advisory council thereto.
SR 128. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st: A resolution creating the Joint West Point Lake Study Committee.
SR 144. By Senator Barker of the 18th: A resolution urging owners of timberlands and other landowners leasing hunting rights to give preference to Georgia residents in the selection of lessees.
SR 152. By Senators Foster of the 50th, Tysinger of the 41st, Deal of the 49th and others: A resolution creating a Joint Study Committee on the Equalized Adjusted School Property Tax Digest.
SR 154. By Senator Pollard of the 24th: A resolution granting a nonexclusive easement for construction, operation, and maintenance of a fiber optic cable in, on, over, under, upon, across, and through property owned by the State of Georgia in Taliaferro County, Georgia; to provide an effective date.
SB 237. By Senators English of the 21st, Gillis of the 20th and Kennedy of the 4th: A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that contracts or service agreements for private solid waste col lection or disposal services shall continue for a certain period after a county or municipality expands solid waste collection or disposal services into the area cov ered by the private contract or service agreement.
SB 309. By Senator Peevy of the 48th: A bill to amend Code Section 52-7-8.1 of the Official Code of Georgia Annotated, relating to the discharge of sewage from vessels on Lake Sidney Lanier, so as to provide for certain exemptions with respect to vessels constructed on or before January 1, 1978.
SB 311. By Senators Deal of the 49th and Foster of the 50th: A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to change the provi sions relating to the qualifications and disqualifications for membership on the board.
SB 345. By Senator Foster of the 50th: A bill to amend Code Section 20-2-51 of the Official Code of Georgia Annotated, relating to selection and eligibility of members of county boards of education, so as to provide conditions of eligibility to serve as a member of any local board of education.

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SB 350. By Senator Kidd of the 25th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to provide that certain children or youth in the physical custody of the Department of Correc tions or the Department of Human Resources shall not be eligible for enrollment in the educational programs of the local unit of administration of the school dis trict where the child or youth is being held.
SB 354. By Senators Deal of the 49th and Garner of the 30th:
A bill to amend Code Section 42-5-50 of the Official Code of Georgia Annotated, relating to transmittal of information on convicted persons, places of detention, and custody of inmates, so as to change the provisions relating to transmittal of information on convicted persons.
HR 31. By Representatives Richardson of the 52nd, Hooks of the 116th, Connell of the 87th and others:
A resolution creating the Joint Health Care Personnel Supply and Planning Study Committee.
HR 35. By Representatives Groover of the 99th, Lucas of the 102nd and Randall of the 101st:
A resolution authorizing the conveyance of certain state owned real property lo cated in Bibb County, Georgia.
HR 98. By Representative Mobley of the 64th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to grant to the City of Winder an easement upon and under certain real property owned by the State of Georgia and located in Barrow County, Georgia, for the construction, operation, maintenance, repair, replace ment, and improvement of certain water service facilities.
HR 99. By Representative Langford of the 7th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Gordon County, Georgia, to the City of Calhoun.
HR 101. By Representative Langford of the 7th: A resolution authorizing the conveyance of certain state owned real property lo cated in Gordon County, Georgia, to the City of Calhoun.
HB 105. By Representative Murphy of the 18th:
A bill to amend Article 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions governing attorneys, so as to authorize attorneys to establish interest-bearing trust accounts for clients' funds from which proceeds are donated to government operated or government sponsored indigent defense plans or programs; to authorize financial institutions to main tain the accounts and to remit the interest payments.
HB 129. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to state parks, historic sites, and recreational areas, so as to provide for reduced fees for the use or occupancy of such facilities by disabled veterans.

FRIDAY, FEBRUARY 24, 1989

1173

HB 154. By Representatives Watson of the 114th and Kilgore of the 42nd:
A bill to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings generally, so as to change certain provisions re lating to state minimum standard codes; to change the definition of the term "state minimum standard codes".
HB 194. By Representatives Buck of the 95th, Robinson of the 96th and Steele of the 97th:
A bill to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific business and occupational taxes generally, so as to exempt marriage and family therapists from the levy of any license, occupation, or professional tax by counties and municipalities.
HB 247. By Representatives Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 36-44-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Redevelopment Powers Law," so as to change the definition of "taxable value".
HB 263. By Representatives Rainey of the 135th, Smith of the 156th, Fennel of the 155th, Moody of the 153rd and Titus of the 143rd:
A bill to amend Code Section 12-3-3 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, so as to include marinas within the definition of a project; to delete a reference to certain counties and municipalities; to delete a listing of specific counties in which the powers granted may be exercised.
HB 337. By Representatives Oliver of the 121st, Moultrie of the 93rd, Bailey of the 72nd and others:
A bill to amend Code Section 20-2-1110 of the Official Code of Georgia Anno tated, relating to the right of school bus drivers to receive pay for sick leave, so as to provide that accumulated unused sick leave shall be transferred when there is a change of employment.
HB 345. By Representatives Alford of the 57th, Dobbs of the 74th, Bailey of the 72nd, Hanner of the 131st, Crawford of the 5th and others:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to provide that the Board of Natural Resources shall adopt rules or regulations relating to certain discharges of pollutants into the waters of this state.
HB 364. By Representatives Byrd of the 153rd, Green of the 106th and Watson of the 114th:
A bill to amend Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to speech-language pathologists and audiologists, so as to authorize the performance of hearing tests by a technician as part of a workplace hearing con servation program.
HB 427. By Representatives Mangum of the 57th and Moore of the 139th:
A bill to amend Code Section 45-12-132 of the Official Code of Georgia Anno tated, relating to contracts which are exempt from certain requirements relating to state contracts, so as to provide that contracts approved by the State Board of Technical and Adult Education shall be exempt from such requirements.

1174

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HB 428. By Representatives Mangum of the 57th, Athon of the 57th and Moore of the 139th:
A bill to amend Code Section 20-4-10 of the Official Code of Georgia Annotated, relating to the State Board of Technical and Adult Education, so as to provide for staggered terms of office of the members of the board.
HB 440. By Representatives Jackson of the 9th, Mangum of the 57th, Athon of the 57th and Dover of the llth:
A bill to amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to expenses and per diem of members of county boards of education, so as to authorize county boards of education to provide group medical and dental insurance for its members and provide conditions and limitations relating thereto.
HB 486. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to calculation of taxable net income of individuals, so as to provide for an adjustment in calculating taxable net income for individuals who have Subchapter "S" corporation income in federal adjusted gross income for federal pur poses but do not qualify for Subchapter "S" corporation status for state purposes.
HB 519. By Representatives Dunn of the 73rd, Robinson of the 96th, Pettit of the 19th and others:
A bill to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding property, so as to provide that no cause of action shall arise against the owner of real property or the agent of such owner for the failure to disclose to a purchaser or prospective purchaser of such prop erty that the property was occupied by a person having certain diseases or was the site of a homicide or other felony or a suicide.
HB 531. By Representatives Patten of the 149th, Reaves of the 147th and Beck of the 148th:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the gopher tortoise as the official state reptile.
HB 535. By Representative Pettit of the 19th:
A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, the "Georgia Fire Sprinkler Act," so as to change provisions relating to the regu lation of fire sprinklers; to redefine certain terms used in said chapter; to require proof of liability insurance prior to issuance of a certificate of competency; to authorize the Georgia Fire Safety Commissioner to impose certain civil monetary penalties.
HB 574. By Representative Simpson of the 70th:
A bill to amend Code Section 43-51-6 of the Official Code of Georgia Annotated, relating to certification of operators of water or wastewater treatment plants and laboratory analysts in general, so as to provide that the board shall be authorized to require continuing education as a condition of certificate renewal.

FRIDAY, FEBRUARY 24, 1989

1175

HB 581. By Representatives Groover of the 99th, Walker of the 115th, Lee of the 72nd and others:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to change the definition of the term "wages"; to change the definition of the term "computation date" with re spect to the rate of employer contributions in special cases.

HB 587. By Representatives Walker of the 115th, Groover of the 99th and Mangum of the 57th:
A bill to amend Chapter 11 of Title 50 of the Official Code of Georgia Annotated, relating to the State Library and librarian, Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to powers and duties of the State Board of Education with respect to library activities, and Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of the Secretary of State, so as to revise provisions relating to state publications and librarians.

HB 601. By Representative McDonald of the 12th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for a handicapped identification card; to provide for definitions; to provide for certain information contained on such card; to provide for application and renewal; to provide for rules and regula tions; to provide for proof of birth date.

The President called for the morning roll call, and the following Senators answered to their names:

Albert Baldwin Barnes Brannon
1uarton Comns D al Echols Edge English Fincher Foster

Garner Gillis Hammill Harris
Huggins Kennedy Kidd Land McKenzie Newbill Olmstead Parker

Perry Phillips Pollard Ragan of 10th
Ragan of 32nd Ray Scott of 2nd Shumake Starr Stumbaugh Turner Tysinger

Those not answering were Senators:

Allgood Barker ^Borowuenn Coleman (excused) Coverdell (excused) Dawkins

Dean Engram Fuller Howard Johnson Langford

Peevy Scott of 36th Tate Taylor Timmons Walker

Senator Wayne Garner of the 30th served as chaplain of the day and offered scripture reading and prayer.

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JOURNAL OF THE SENATE

The following resolutions of the Senate were read and adopted:
SR 179. By Senator Kennedy of the 4th: A resolution commending the Bryan County school system.
SR 180. By Senator Kennedy of the 4th: A resolution commending the Evans County Wildlife Club.
SR 181. By Senator Kennedy of the 4th: A resolution commending the Evans County school system.
SR 182. By Senators Ragan of the 10th and Bowen of the 13th: A resolution commending the Colquitt County Arts Council.
SR 187. By Senator Fincher of the 54th: A resolution commending Mr. John Wesley Peeples.
SR 188. By Senator Fincher of the 54th: A resolution commending Ms. Bernice B. Spigel.
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, February 24, 1989
THIRTY-FIRST LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 678 Dawkins, 45th Newton County To provide for a supplement for the Chairman of the Board of Commission ers.
HB 790 Timmons, llth City of Pelham Mitchell County To change the provisions relating to the time of election, taking of office, and terms of office of the mayer and council members.
HB 794 Newbill, 56th Clay, 37th City of Mountain Park Part Cherokee, Part Fulton Counties To change the provisions relating to the compensation of the mayor and councilmen.
HB 804 Garner, 30th City of Villa Rica Part Carroll County, Part Douglas County To change provisions relating to the election and terms of office of the mayor and councilmen.

FRIDAY, FEBRUARY 24, 1989

1177

HB 806 Ray, 19th Pulaski County
To change the salary provisions relating to deputy sheriffs.
HB 811 Foster, 50th City of Toccoa Stephens County
To change and extend the corporate limits of Toccoa.
HB 812 Parker, 15th Land, 16th Muscogee County
To change the compensation of the judges of the State Court of Muscogee County.
HB 815 Peevy, 48th Barrow County
To provide for a change in the number and method of selecting members of the Barrow County Water and Sewerage Authority.
HB 816 Kennedy, 4th Effingham County
To change the provisions relating to terms of office and the election of the mayor and councilpersons.
HB 820 Echols, 6th City of Folkston Charlton County
To change the corporate limits of the city of Folkston.
HB 821 Echols, 6th City of Homeland Charlton County
To change the corporate limits of the city of Homeland.
HB 823 Johnson, 47th City of Lavonia Franklin County
To provide for municipal elections for the mayor and councilmen.
*HB 824 Peevy, 48th City of Winder Barrow County
To change the number and method of selecting members of the joint airport authority for the City of Winder and the County of Barrow. (SUBSTITUTE)

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JOURNAL OF THE SENATE

The substitute to the following bill was put upon its adoption:
*HB 824:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 824:
A BILL To be entitled an Act to amend an Act creating and establishing a joint airport author ity for the City of Winder and the County of Barrow, approved March 25, 1958 (Ga. L. 1958, p. 3087), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5519), so as to change the number and method of selecting members; to provide for selection of a chairman; to provide for terms, vacancies, and a quorum; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating and establishing a joint airport authority for the City of Winder and the County of Barrow, approved March 25, 1958 (Ga. L. 1958, p. 3087), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5519), is amended by striking Section 2 of said Act in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. (a) The airport authority shall be composed of seven members all of whom shall be elected by a majority vote of the Board of Commissioners of Barrow County. Each member of the board of commissioners shall nominate a person residing in the district from which such commissioner is elected to be a member of the airport authority, provided that the nominee of the chairman of the board of commissioners may reside anywhere in the county. A quorum shall consist of four members in addition to the chairman. (b) The members of the authority in office on the effective date of this Act shall con tinue to serve until the expiration of the terms for which they were elected, and their suc cessors shall take office April 1 following the expiration of such terms and their terms shall expire January 31, 1991. Each such member in office on the effective date of this Act shall be deemed to be the representative from the commission district in which such member resides, provided that if two such members reside in the same district, one of such members shall be deemed to be from the at-large position. (c) The terms of the members created by this Act shall be for two years and shall begin immediately following the effective date of this Act immediately upon their nomination and election as provided in subsection (a) of this section. Any vacancies in office existing prior to this Act shall be filled by nomination and election as provided in subsection (a) of this Act, provided that such member's term of office shall expire January 31 in an odd-numbered year. (d) Successors to all members shall be nominated and elected as provided in subsection (a) of this section in the month of January immediately preceding the expiration of a mem ber's term of office in odd-numbered years beginning in 1991 and shall serve for terms of two years and until their successors are elected and qualified." Section 2. Said Act is further amended by striking subsection (a) of Section 3 and in serting in lieu thereof a new subsection (a) to read as follows: "(a) The authority so constituted shall elect its own chairman annually from the mem bership of the authority."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

FRIDAY, FEBRUARY 24, 1989

1179

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 tBsorroawnuennnon gurton Qlay Collins Dawkins Deal Dean Echols Edge

English Foster Fuller Garner
Gillis HTHIaamrrims ill Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill

Olmstead Parker Perry Pollard
Ragan of 10th R,,Raaygan of 32nd Scott of 2nd Shumake Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Coleman (excused) Coverdell (excused) Engram Fincher

Langford Peevy Phillips

Scott of 36th Starr Timmons

On the passage of all the local bills, the yeas were 46, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 824, having received the requisite constitutional majority, were passed.

HB 824, having received the requisite constitutional majority, was passed by substitute.

Senator Kennedy of the 4th moved that Senator Coleman of the 1st be excused from all roll calls in the Senate today due to his being absent from the Senate because of sickness in his family.

On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Coleman of the 1st was excused from all roll calls in the Senate today.

SENATE RULES CALENDAR
Friday, February 24, 1989
THIRTY-FIRST LEGISLATIVE DAY
SB 164 Handicapped Parking--definitions (Substitute) (C Aff--54th) SB 313 Firemen, Emergency Medical Technicians--infectious disease vaccination (Sub
stitute) (Hum R--33rd) SB 318 Post-Mortem--embalming before release, infectious disease control (Hum
R--30th)
SB 319 Post-Mortem--certain fees of medical examiner (Hum R--30th) SB 324 Senior Judges Serving as Superior Court Judges--compensation (Substitute)
(Judy--22nd)

1180

JOURNAL OF THE SENATE

SB 335 Traffic Cases--additional penalties in cities over 300,000 (U&CA G--38th) SB 343 Hearing Aid Dealers and Dispensers Act--examinations (Gov Op--25th) SB 347 Alcohol, Drug Test--administer soon after accident (Judy--22nd) SB 363 Jail Construction, Staffing Funds--cities over 300,000 (U&CA G--38th) SB 364 City Officers, Employees--salary increase, effective date (U&CA G--38th) SR 123 Regents Board--urge convert Macon College to four-year college (H Ed--18th) HB 104 Merit System Employees--working test period (Substitute) (Gov Op--25th) HB 257 Property Guardianship--incapacitated adult (S Judy--47th) HB 643 Sheriffs' Retirement Fund--payments from civil action fees collected
(Ret--llth) HB 451 Board of Accountancy--contracting for administrative services regarding exami
nations (Amendment) (Gov Op--25th) HB 225 Ad Valorem Taxation of Property--"fair market value" (Substitute) (Gov
Op--25th) HB 226 Register of Historic Places--establish and maintain (Gov Op--25th) HB 567 Physicians Agreeing to Practice in Rural Areas--loan program (Substitute)
(H Ed--54th) HB 175 Insurance Agent, Broker, Counselor, Etc. Licensing--grounds for refusing
(Ins--16th) HB 622 Transfer from Local Retirement Fund to Teachers Retirement System--certain
contributions (Ret--40th) HB 525 Attorney's Fees for Frivolous Actions--repeal provisions on Code repeal
(Judy--49th) HR 112 Federal Tax on Motor Fuel--urge congressional delegation oppose (B&F--26th) HB 358 Insurance Commissioner--rule-making under Administrative Procedure Act
(Ins--39th) HB 269 Certain Contractors' Bonds--letters of credit in lieu of (Substitute) (S
Judy--45th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.)
Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman
Senate Rules Committee
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 164. By Senator Fincher of the 54th: A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to change certain definitions.
The Senate Committee on Consumer Affairs offered the following substitute to SB 164:
A BILL
To be entitled an Act to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to change certain definitions; to change the provisions relating to offenses and penalties; to change the provi sions relating to enforcement; to repeal conflicting laws; and for other purposes.

FRIDAY, FEBRUARY 24, 1989

1181

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, is amended by striking subparagraphs (B) and (C) of paragraph (2) of Code Section 40-6-221, relating to definitions, and inserting in their place new subparagraphs to read as follows:
"(B) Where the parking place is designated before January 1, 1988, by a sign or signs bearing the words 'Tow-Away Zone' or 'Handicapped Parking Only' or the universal symbol of accessibility, that designation shall be deemed to meet the requirements of subparagraph (A) of this paragraph until such time as the sign or signs are replaced for other reasons, at which time any new sign erected shall comply fully with the requirements of subparagraph (A) of this paragraph; or
(C) Where the parking place is on private property, is constructed solely from concrete, was used by the public or finished prior to July 1, 1987, and which is designated by having imprinted and maintained in reflective paint upon each such place the words 'Tow-Away Zone' or 'Handicapped Parking Only' or the universal symbol of accessibility, that designa tion shall be deemed to meet the requirements of subparagraph (A) of this paragraph if such designation has been repainted in blue and white reflective paint any time within cal endar year 1989 and each odd-numbered year thereafter. A designation meeting the require ments of this subparagraph shall be deemed to meet the requirements of subparagraph (A) of this paragraph only until such time as that concrete lot is renovated, repaired, or remod eled, at which time a sign shall be erected which shall comply with the requirements of subparagraph (A) of this paragraph for each handicapped parking space as required by Chapter 3 of Title 30 and that concrete lot shall be marked in a manner so that it complies with the requirements set forth in Chapter 3 of Title 30."
Section 2. Said part is further amended by striking subsection (a) of Code Section 40-6225, relating to offenses and penalties, and inserting in its place new subsections to read as follows:
"(a) It shall be unlawful for any person, firm, or corporation responsible for the designa tion and maintenance of handicapped parking places as required under this chapter or by Chapter 3 of Title 30 to fail to designate or to maintain said handicapped parking places so that each handicapped parking place complies with paragraph (2) of Code Section 40-6-221 and the requirements of Chapter 3 of Title 30.
(a.l) Any person, firm, or corporation responsible for the designation and maintenance of handicapped parking places as required under this chapter or by Chapter 3 of Title 30 shall make and maintain accurate and certifiable records of the designation and painting of all handicapped parking places for which that person, firm, or corporation is responsible and shall make such records available to any court of this state upon the demand of the request ing court. Such records shall contain the date that each handicapped parking place was last painted or marked, the brand name of the reflective paint used, the name of the person, firm, or corporation responsible for the designation and maintenance of said handicapped parking place or places, the name and address of the person, firm, or corporation which was responsible for doing the physical marking or painting of the handicapped parking place or places, and the name and address of the employee of such firm or corporation who actually performed the physical labor of painting or marking the handicapped parking place or places. However, failure to produce such records or failure to repaint or re-mark handi capped parking places in accordance with the two-year provisions of Code Section 40-6-221 shall not be held as grounds for dismissal of any citation issued on any vehicle for any violation of subsection (a.2), (b), (d), or (e) of this Code section.
(a.2) It shall be unlawful for any person to stop, stand, or park any vehicle in a handi capped parking place unless there is displayed on the dashboard or hung from the rearview mirror of the parked vehicle a valid unexpired handicapped parking permit or unless there is attached to the vehicle a specially designated license plate for disabled persons authorized under subsection (d) of Code Section 40-6-222."

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Section 3. Said part is further amended by striking paragraph (1) of subsection (f) of Code Section 40-6-225, relating to offenses and penalties, and inserting in its place a new paragraph to read as follows:
"(1) Any person, firm, or corporation violating subsection (a), (a.l), or (c) of this Code section or any person, firm, corporation, or agency which is charged with the enforcement of subsections (a), (a.l), and (c) of this Code section which fails to enforce any of those subsec tions or causes any person, firm, corporation, or agency to fail to enforce those subsections shall be guilty of a misdemeanor."
Section 4. Said part is further amended by adding at the end of Code Section 40-6-227, relating to enforcement, a new subsection to read as follows:
"(d) (1) Except for buildings and properties under the jurisdiction of the Board of Re gents of the University System of Georgia, all buildings and properties subject to the juris diction of the Safety Fire Commissioner pursuant to Code Section 25-2-12 and subsection (c) of Code Section 25-2-13 shall be subject to the jurisdiction of the Safety Fire Commis sioner for purposes of enforcement of subsections (a) and (a.l) of Code Section 40-6-225.
(2) The Board of Regents of the University System of Georgia shall be responsible for the enforcement of subsections (a) and (a.l) of Code Section 40-6-225 with respect to all buildings and properties under its jurisdiction.
(3) Local governing authorities shall be responsible for the enforcement of subsections (a) and (a.l) of Code Section 40-6-225 with regard to all buildings and properties not under the jurisdiction of the Safety Fire Commissioner or the board of regents pursuant to paragraphs (1) and (2) of this subsection and which are under the jurisdiction of such local governing authorities.
(4) A complaint may be pursued by any person through any court of competent juris diction against any person, firm, corporation, or agency for failing to comply with subsection (a) or (a.l) of Code Section 40-6-225 or for causing any person, firm, corporation, or agency to fail to enforce subsection (a) or (a.l) of Code Section 40-6-225. However, no person, firm, corporation, or agency shall be subject to a complaint for not complying with or failing to enforce the provisions of subsection (a) or (a.l) of Code Section 40-6-225 unless 90 days have passed since such person, firm, corporation, or agency has been notified by certified mail of the alleged violation of the provisions of subsection (a) or (a.l) of Code Section 40-6225. Such notification shall include a warning of an impending complaint if the alleged vio lation is not corrected before the expiration of the 90 day warning period. The 90 day warn ing period shall not apply to any structure or facility other than parking lots or to any part of this chapter other than subsection (a) or (a.l) of Code Section 40-6-225."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Broun

Burton Clay Collins Dawkins Deal Dean Echols

Edge English Fincher Foster Fuller Gillis Hammill

FRIDAY, FEBRUARY 24, 1989

1183

Harris Huggins Johnson Kennedy Kidd Land Newbill Olmstead

Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd

Shumake Stair Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Baldwin Coleman (excused) Coverdell (excused) Engram

Garner Howard Langford McKenzie

Peevy Scott of 36th Timmons

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

The following resolution of the Senate was read and adopted:

SR 189. By Senator Kennedy of the 4th and 55 other Senators: A resolution wishing Honorable Zell Bryan Miller a happy birthday.

The President resumed the Chair.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 313. By Senator Barnes of the 33rd:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a statement of legislative findings; to provide for defi nitions; to provide for a program of voluntary vaccinations for firemen and emer gency medical technicians; to provide for the costs of such vaccinations; to pro vide an effective date.

The Senate Committee on Human Resources offered the following substitute to SB 313:

A BILL
To be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a statement of legislative findings; to provide for definitions; to provide for a program of voluntary vaccinations for firemen, emergency medi cal technicians, and public safety officers; to provide for the costs of such vaccinations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at the end thereof a new Chapter 34 to read as follows:
"CHAPTER 34
31-34-1. The General Assembly finds and declares that, by reason of their employment, firefighters, emergency medical technicians, and public safety officers are required to work in the midst of and are subject to exposure to infectious diseases, especially hepatitis B; that

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the United States Centers for Disease Control have estimated that 200,000 persons in the United States are infected each year with hepatitis B and of that number 25 percent become ill, 10,000 require hospitalization, and 5,000 die; that it is estimated that there are from 500,000 to 1,000,000 infectious hepatitis B carriers in the United States, of which up to 80 percent of such chronic carriers are unaware that they have hepatitis B and are capable of spreading it; that there is no known cure for hepatitis B and for firelighters, emergency medical technicians, and public safety officers, there is no way of knowing who among those being helped at any accident or a fire is a hepatitis B carrier. The General Assembly further finds and declares that all the aforementioned conditions exist and arise out of or in the course of such employment.
31-34-2. As used in this chapter, the term:
(1) 'Emergency medical technician' means an emergency medical technician as defined in Code Section 31-11-2.
(2) 'Fire department' means a service group (paid or volunteer) that is organized and trained for the prevention and control of loss of life and property from fire or other emergency.
(3) 'Firefighter' means an individual who is assigned by a fire department to fire-fight ing activity and is required to respond to alarms and perform emergency action at the loca tion of a fire, a hazardous materials emergency, or other emergency incident.
(4) 'Public safety officer' means an individual sworn to enforce the criminal laws of this state or any county or municipality of this state.
31-34-3. Any active firefighter, emergency medical technician, or public safety officer who may be exposed to hepatitis B during a period while the firefighter, emergency medical technician, or public safety officer is engaged in the performance of his or her duties shall be vaccinated at the request of the firefighter, emergency medical technician, or public safety officer for protection against hepatitis B. The cost, after the payment by any third party payer, of such vaccination shall be paid by the county, municipality, or other person or entity employing such firefighter, emergency medical technician, or public safety officer or by the governing authority of the county in the case of a volunteer firefighter."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Broun Burton Clay Collins

Deal Dean Echols Edge English Fincher Foster Fuller Garner Gillis

Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Newbill Olmstead

FRIDAY, FEBRUARY 24, 1989

1185

Parker Perry Phillips Pollard Ragan of 10th

Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh

Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Baldwin Coleman (excused) Coverdell (excused) Dawkins

Engram Langford McKenzie Peevy

Scott of 36th Shumake Taylor

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 318. By Senator Garner of the 30th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to authorize a medical examiner to have a body embalmed to avoid the threat of infectious disease prior to release of the body to the next of kin; to authorize a coroner, medical exam iner, or peace officer to take anatomical specimens and to test or examine speci mens or articles as may be necessary or useful in determining cause of death.

Senator Garner of the 30th offered the following amendment:

Amend SB 318 by deleting on page 4, line 7, the word, "or"

and adding between the words "substances" and "where" the following: "or in the case of a dead body and".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Barnes Bowen Brannon
Broun Burton
ColLs Deal Dean Echols Edge English Fincher

Foster Fuller Garner Gillis Hammill
Harris Howard
Eon Kennedy Kidd Land Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of I0th
Ragan of 32nd p,
fttof2nd Stumbaugh Tate Timmons Turner Tysinger Walker

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Those not voting were Senators:

Allgood Baldwin Colernan (excused) Coverdell (excused)

Dawkins Engram Langford McKenzie

Scott of 36th Shumake Starr Taylor

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 319. By Senator Garner of the 30th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to change certain fees which the medical examiner is entitled to for performing certain examinations; to change certain provisions relating to reports of post-mortem examinations and investigations; to repeal certain provisions providing fees for peace officers.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge English

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Coleman (excused) Coverdell (excused)

Engram Langford McKenzie

Scott of 36th Shumake Taylor

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 24, 1989

1187

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 723. By Representative Holmes of the 28th:
A bill to amend Code Section 36-35-3 of the Official Code of Georgia Annotated, relating to municipal authority to adopt ordinances, rules and regulations and methods of amending municipal charters, so as to require sponsors of petitions to amend municipal charters to obtain petitions from the clerk of the governing authority; to provide for the contents of such petitions.

The following bill of the House was read the first time and referred to committee:

HB 723. By Representative Holmes of the 28th:
A bill to amend Code Section 36-35-3 of the Official Code of Georgia Annotated, relating to municipal authority to adopt ordinances, rules and regulations and methods of amending municipal charters, so as to require sponsors of petitions to amend municipal charters to obtain petitions from the clerk of the governing authority; to provide for the contents of such petitions.
Referred to Committee on Urban and County Affairs (General).

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 335. By Senator Tate of the 38th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States de cennial census of 1960 or any future such census, as amended, so as to provide for additional penalties to be imposed in traffic cases and upon violations of bonds.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon BBruorutonn Clay
Collins Dawkins Deal
Dean Echols

Edge English Fincher Fuller Harris Howard Huggins JKoehnnnseodny Kidd
Land Newbill Olmstead
Parker Peevy

Perry Phillips Pollard Ragan of ioth Ragan of 32nd ^ Stair S,,.tumb, augh, Tate
Taylor Timmons Turner
Tysinger Walker

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Those not voting were Senators:

Coleman (excused) Coverdell (excused) Engram Foster

Garner Gillis Hammill Langford

On the passage of the bill, the yeas were 44, nays 0.

McKenzie Scott of 2nd Scott of 36th Shumake

The bill, having received the requisite constitutional majority, was passed.

The following resolution of the Senate was read and adopted:

SR 190. By Senators Ragan of the 10th and Timmons of the llth: A resolution expressing sympathy at the passing of Honorable Walter E. Cox.

The following general bills and resolution of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:

SB 343. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Hearing Aid Dealers and Dispensers Act," so as to change certain provisions relating to examinations; to change the provisions relating to when an apprentice dispenser's permit shall be issued.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun BCluaryton
Collins Dawkins Deal
Dean Echols

Edge English Fincher Foster Fuller Gillis "arris Howard JKoehnnnseodny
Kidd Land Newbill
Olmstead Parker

Those not voting were Senators:

Coleman (excused) Coverdell (excused) Engram Garner

Hammill Huggins Langford McKenzie

Peevy Perry Pollard Ragan of 10th Ragan of 32nd pj Scott of 2nd ,, ,,Stumb, augh,
Tate Taylor Timmons Turner Tysinger
Phillips Scott of 36th Shumake Walker

FRIDAY, FEBRUARY 24, 1989

1189

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 347. By Senator Allgood of the 22nd:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to certain chemical tests administered to determine the alcoholic or drug content of certain persons who operate motor vehicles, so as to require that such chemical tests be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is in volved in any traffic accident.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker BBarwneens
BB, rroanunnon Burton Qay Collins Dawkins Deal Dean Echols

Edge Fincher Foster
Fuller GHiallrirsis
Howard
Jhnso" Kennedy Kidd Land Newbill Olmstead Parker

Peevy Perry Pollard
Ragan of 10th RRaaygan of 32nd
S_ cott of 2nd farr u Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Coleman (excused) Coverdell (excused) -hnglish Engram
Garner

Hammill H ins
Langford McKenzie

Phillips Scott of 36th
Shumake Walker

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 363. By Senators Tate of the 38th and Langford of the 35th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States de cennial census of 1960 or any future such census, as amended, so as to provide funds for constructing, operating, and staffing city jails, city correctional institu tions, and city detention facilities.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Collins Dawkins Dean Echols Edge

English Fincher Foster Fuller Gillis Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead

Parker Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman (excused) Coverdell (excused) Deal
Engram

Garner Hammill Harris Langford
Peevy

Phillips Scott of 36th
Shumake Taylor

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 364. By Senator Tate of the 38th:
A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide an effective date of certain com pensation increases for municipal officers and employees; to provide for intent: to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen
Brannon Broun Burton Clay Collins Dawkins Deal

Dean Echols English Fincher Foster
Fuller Gillis Harris Howard Huggins Johnson Kennedy

Kidd Land Newbill Olmstead Parker
Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray

FRIDAY, FEBRUARY 24, 1989

1191

Starr Stumbaugh

Tate Timmons

Those not voting were Senators:

Turner Tysinger

Albert Coleman (excused) Coverdell (excused) Edge Engram

Garner Hammill Langford McKenzie Scott of 2nd

Scott of 36th Shumake
Taylor Walker

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

SR 123. By Senators Barker of the 18th, Harris of the 27th and Olmstead of the 26th:
A resolution urging the Board of Regents of the University System of Georgia to convert Macon College into a four-year college.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Burton Clay Collins Dawkins Deal Dean Echols

English Fincher Foster Fuller Garner Gillis Harris Huggins Johnson Kidd Land Newbill Olmstead Parker

Voting in the negative was Senator Walker.

Those not voting were Senators:

Peevy Perry Phillips
Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Tate Taylor Timmons
Turner

Broun Coleman (excused) Coverdell (excused) Edge Engram

Hammill Howard
Kennedy (presiding) Langford

McKenzie Scott of 36th
bhumake Tysinger

On the adoption of the resolution, the yeas were 42, nays 1.

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The resolution, having received the requisite constitutional majority, was adopted.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 104. By Representatives Redding of the 50th, Holmes of the 28th, Brooks of the 34th and White of the 132nd:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the State Merit System of Personnel Admin istration, so as to provide that the working test period of employment shall not apply to an interdepartmental transfer.

Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following substitute to HB 104:

A BILL
To be entitled an Act to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions concerning the merit system generally, so as to change the definition and application of the term "working test employee"; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions concerning the merit system generally, is amended by striking paragraph (17) in its entirety and inserting in lieu thereof a new paragraph (17) to read as follows:
"(17) 'Working test employee' or 'employee on working test' means a covered employee serving a working test period in the class of positions in which he is employed; provided, however, that an employee serving a working test period following a promotion in the same department from a lower class in which he held permanent status shall retain permanent status rights in the lower class until he attains permanent status in the class to which he has been promoted; provided, further, that an employee serving a working test period who fails to attain permanent status following an interdepartmental transfer and promotion from a class in which the employee held permanent status shall, at the employee's option:
(A) Return with permanent status to the position and department from which the em ployee transferred, provided the position is vacant; or
(B) Be placed by the department to which the employee transferred in a position in a class in which the employee formerly held permanent status.
If neither of the options is available, the merit system rule on reduction in force shall apply in the department to which the employee transferred."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert

Allgood

Baldwin

FRIDAY, FEBRUARY 24, 1989

1193

Barker Barnes Bowen Brannon Broun Burton Clay Collins Deal
Edge English Fincher Foster Fuller

Garner Gillis Hammill Harris Huggins Johnson Kidd Land Newbill Olmstead Parker Peevy Perry Phillips

Pollard Ragan of 32nd Ray Scott of 2nd Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Coleman (excused) Coverdell (excused) Dawkins Dean

Echols Engram Howard Kennedy (presiding)

Langford McKenzie Ragan of 10th Scott of 36th

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Phillips of the 9th moved that Senator Coverdell of the 40th be excused from all roll calls today due to his being absent from the Senate because of the hearings on his confirmation as Director of the Peace Corps.

On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Coverdell of the 40th was excused from all roll calls in the Senate today.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 257. By Representative Porter of the 119th:
A bill to amend Code Section 29-5-6 of the Official Code of Georgia Annotated, relating to procedures for the appointment of a guardian of an incapacitated adult, so as to provide that in cases involving the creation or termination of a guardianship of the property of an adult who owns real property, the judge or clerk of the probate court shall be responsible for filing a certificate with the clerk of the superior court.
Senate Sponsor: Senator Johnson of the 47th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Barnes Brannon

Broun Burton Clay Collins

Deal Dean Edge Fincher

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Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd

Land McKenzie Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd

Ray Scott of 2nd Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Baldwin Bowen Coleman (excused) Coverdell (excused)

Dawkins Echols English Engram Kennedy (presiding)

Langford Parker Scott of 36th Shumake

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 643. By Representative Parrish of the 109th:
A bill to amend Code Section 47-16-61 of the Official Code of Georgia Annotated, relating to payments to the Sheriffs Retirement Fund of Georgia from fees col lected in civil actions, so as to provide penalties and interest for late payment of amounts due to the system.
Senate Sponsor: Senator Timmons of the llth.

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334-8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Bill Cummings, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

February 13, 1989

SUBJECT: House Bill 643 (LC 14 5172) Sheriffs' Retirement Fund

This bill would impose identified penalties and interest charges upon certain late pay ments to the Board of Commissioners of the Sheriffs' Retirement Fund. These penalty and interest charges would apply to late payments of fees collected in civil actions, cases and proceedings by superior courts, state courts and magistrate courts. If enacted, this bill would
become effective July 1, 1989.

This is to certify that this is a nonfiscal retirement bill as denned in the Public Retire ment Systems Standards Law.

/s/ G.W. Hogan State Auditor

FRIDAY, FEBRUARY 24, 1989

1195

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Barnes Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge English

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Newbill

Olmstead Peevy Perry Phillips Pollard Ragan of 32nd Ray Scott of 2nd Stumbaugh Tate Taylor Timmons Turner Walker

Those not voting were Senators:

Allgood Baldwin Bowen Coleman (excused) Coverdell (excused)

Engram Kennedy (presiding) Langford Parker Ragan of 10th

Scott of 36th Shumake
btarr Tysinger

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

HB 451. By Representatives Couch of the 36th, Hudson of the 117th, Bargeron of the 108th, Watson of the 114th and others:
A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to clarify the authority of the State Board of Ac countancy to contract with third parties to perform administrative services relat ing to examinations.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following amendment:

Amend HB 451 by adding on line 29 of page 14, between the word "education" and the word "required", the following:
", which shall not be less than 60 hours,".

Senator Scott of the 2nd offered the following amendment:

Amend HB 451 by striking in its entirety Section 8. and renumbering Section 9 to Sec tion 8.

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Senator Scott of the 2nd asked unanimous consent to withdraw his amendment; the consent was granted and the amendment was withdrawn.

On the adoption of the amendment offered by the Senate Committee on Governmental Operations, the yeas were 29, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Brannon Broun Burton Clay Dawkins Dean Echols Edge English

Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kidd Land McKenzie Newbill

Olmstead Perry Phillips Pollard Ragan of 32nd Ray Shumake Stumbaugh Tate Taylor Turner Tysinger Walker

Those voting in the negative were Senators:

Barker Collins

Deal Kennedy

Peevy Scott of 2nd

Those not voting were Senators:

Allgood Coleman (excused) Coverdell (excused) Engram

Howard Langford Parker Ragan of 10th

Scott of 36th Starr Timmons

On the passage of the bill, the yeas were 39, nays 6.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

Senator Taylor of the 12th moved that Senators Ragan of the 10th and Timmons of the llth be excused from the Senate for the remainder of today to represent the Senate and attend the funeral of Honorable Walter Cox of Bainbridge, Georgia, Representative of the 141st District in the House.

On the motion, the yeas were 35, nays 0; the motion prevailed, and Senators Ragan of the 10th and Timmons of the llth were excused from the Senate for the remainder of today.

The following general bill of the House, having been read the 1st time on February 6 and committed to the Senate Committee on Banking and Finance, and withdrawn from the Senate Committee on Banking and Finance on February 8 and committed to the Senate

FRIDAY, FEBRUARY 24, 1989

1197

Committee on Governmental Operations, and favorably reported by the committee, was read the third time and put upon its passage:
HB 225. By Representatives Pannell of the 122nd, Cummings of the 17th, Snow of the 1st and Alien of the 127th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, so as to change the definition of the term "fair market value"; to pro vide for the fair market value of rehabilitated historic property under certain circumstances; to change the provisions relating to the assessment of tangible property.
Senate Sponsor: Senator Kidd of the 25th.
The Senate Committee on Governmental Operations offered the following substitute to HB 225:
A BILL
To be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of prop erty, so as to change the definition of the term "fair market value"; to provide for the fair market value of rehabilitated historic property under certain circumstances; to change the provisions relating to the assessment of tangible property; to provide for the preferential classification and assessment of rehabilitated historic property; to define the term "rehabili tated historic property"; to provide exceptions; to provide for applications for preferential classification and assessment of rehabilitated historic property; to provide for application fees; to provide procedures; to provide for determinations by the Department of Natural Resources; to provide that the assessed value of certain property shall not be increased dur ing certain periods of time; to require certain duties to be performed by the county board of tax assessors; to provide which property qualifies as rehabilitative historic property; to pro vide for the payment of deferred taxes; to provide for administrative appeals and court review; to provide the effective date of preferential assessment of rehabilitated historic property; to provide for the classification of rehabilitated historic property on tax digests; to provide for the disqualification of property for preferential classification and assessment as rehabilitated historic property; to provide that certain property may again qualify for pref erential classification and assessment as rehabilitated historic property; to provide that cer tain deferred taxes and interest shall constitute a prior lien; to provide for other matters related thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, is amended by adding at the end of paragraph (1) of Code Section 48-5-2, relating to definitions applicable to said Chapter 5, a new subparagraph (C) to read as follows:
"(C) Fair market value of 'historic property' as such term is defined in subsection (a) of Code Section 48-5-7.2 means:
(i) For the first ten years in which the property is classified as 'rehabilitated historic property,' the value equal to the greater of the acquisition cost of the property or the ap praised fair market value of the property as recorded in the county tax digest at the time preliminary certification on such property was received by the county board of tax assessors pursuant to subsection (c) of Code Section 48-5-7.2; and
(ii) For the eleventh and following years, the fair market value of such property as determined by the provisions of this paragraph, excluding the provisions of this subparagraph."
Section 2. Said article is further amended by striking in its entirety Code Section 48-5-

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7, relating to assessment of tangible property, and inserting in lieu thereof a new Code Sec tion 48-5-7 to read as follows:
"48-5-7. (a) Except as otherwise provided in this Code section, taxable tangible prop erty shall be assessed at 40 percent of its fair market value and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of the property's fair mar ket value.
(b) Tangible real property which is devoted to bona fide agricultural purposes as de fined in this chapter and which otherwise conforms to the conditions and limitations im posed in this chapter shall be assessed for ad valorem property tax purposes at 75 percent of the value which other tangible real property is assessed and shall be taxed on a levy made by each respective tax jurisdiction according to said assessment.
(c) Tangible real property which qualifies as rehabilitated historic property pursuant to the provisions of Code Section 48-5-7.2 shall be assessed at 40 percent of its fair market value and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of the property's fair market value. For the purposes of this subsection, the term 'fair market value' shall mean the fair market value of rehabilitated historic property pursu ant to the provisions of subparagraph (C) of paragraph (1) of Code Section 48-5-2.
(d) The requirement contained in this Code section that all tax jurisdictions assess tax able tangible property at 40 percent of fair market value shall not apply to any tax jurisdic tion whose ratio of assessed value to fair market value exceeded 40 percent for the tax year 1971. No tax jurisdiction so exempted shall assess at a ratio of less than 40 percent except as necessary to effect the preferential assessment provided in subsection (b) of this Code section.
(e) Each notice of ad valorem taxes due sent to taxpayers of counties and municipalities shall include both the fair market value of the property of the taxpayer which is subject to taxation and the assessed value of the property after being reduced as provided by this Code section."
Section 3. Said article is further amended by adding between Code Sections 48-5-7.1 ainmd 4<i8o--5o-8o a new C>^oodue Soecution 4IO8-Q5--7/.Z2 t1o0 readu as floullows:
"48-5-7.2. (a) (1) For the purposes of this article, 'rehabilitated historic property' means tangible real property which:
(A) Qualifies for listing on the Georgia Register of Historic Places as provided in Part 1 of Article 3 of Chapter 3 of Title 12;
(B) Is in the process of or has been substantially rehabilitated, provided that in the case of owner occupied residential real property the rehabilitation has increased the fair market value of the building or structure by not less than 50 percent, or, in the case of incomeproducing real property, the rehabilitation has increased the fair market value of the build ing or structure by not less than 100 percent, or, in the case of real property used primarily as residential property but partially as income-producing property, the rehabilitation has increased the fair market value of the building or structure by not less than 75 percent, provided that the exact percentage of such increase in the fair market value to be required shall be determined by rules and regulations promulgated by the Board of Natural Re sources. For the purposes of this subparagraph, the term 'fair market value' shall mean the fair market value of the property, excluding the provisions of subparagraph (C) of para graph (1) of Code Section 48-5-2;
(C) The rehabilitation of which meets the rehabilitation standards as provided in regu lations promulgated by the Department of Natural Resources; and
(D) Has been certified by the Department of Natural Resources as rehabilitated historic property eligible for preferential assessment.
(2) The preferential classification and assessment of rehabilitated historic property pro vided for in this Code section shall apply to the building or structure which is the subject of

FRIDAY, FEBRUARY 24, 1989

1199

the rehabilitation, the real property on which the building or structure is located, and not more than two acres of real property surrounding the building or structure. The remaining property shall be assessed for tax purposes as otherwise provided by law.
(3) Property may qualify as historic property only if substantial rehabilitation of such property was initiated after January 1, 1989, and only property which has been certified as rehabilitated historic property by the Department of Natural Resources after July 1, 1989, may qualify for preferential assessment.
(b) In order for property to qualify for preferential assessment as provided for in sub section (c) of Code Section 48-5-7, the property must receive certification as rehabilitated historic property as defined in paragraph (1) of subsection (a) of this Code section and pur suant to regulations promulgated by the Department of Natural Resources. Applications for certification of such property shall be accompanied by a fee specified by rules and regula tions of the Board of Natural Resources. The Department of Natural Resources may, at its discretion, delegate its responsibilities conferred under subparagraph (a)(l)(C) of this Code section.
(c) Upon a property owner receiving preliminary certification pursuant to the provisions of subsection (b) of this Code section, such property owner shall submit a copy of such preliminary certification to the county board of tax assessors. A property owner shall have 24 months from the date that preliminary certification is received pursuant to subsection (b) of this Code section in which to complete the rehabilitation of such property in conformity with the application approved by the Department of Natural Resources. After receiving the preliminary certification from the property owner, the county board of tax assessors shall not increase the assessed value of such property during the period of rehabilitation of such property, not to exceed two years. During such period of rehabilitation of the property, the county tax receiver or tax commissioner shall enter upon the tax digest a notation that the property is subject to preferential assessment and shall also enter an assessment of the fair market value of the property, excluding the preferential assessment authorized by this Code section. Any taxes not paid on the property as a result of the preliminary certification and frozen assessed value of the property shall be considered deferred until a final determina tion is made as to whether such property qualifies for preferential assessment as provided in this Code section.
(d) Upon the completion of the rehabilitation of such property, the property owner shall submit a request in writing for final certification to the Department of Natural Re sources. The Department of Natural Resources shall determine whether such property as rehabilitated constitutes historic property which will be listed on the Georgia Register of Historic Places and which qualifies for preferential assessment. The Department of Natural Resources shall issue to the property owner a final certification if such property so qualifies.
(e) Upon receipt of final certification from the Department of Natural Resources, a property owner desiring classification of any such historic property as rehabilitated historic property in order to receive the preferential assessment shall make application to the county board of tax assessors and include the order of final certification with such application. The county board of tax assessors shall determine if the value of the building or structure has been increased in accordance with the provisions of subparagraph (a)(l)(B) of this Code section; provided, however, that, if the property owner can document expenditures on reha bilitation of owner occupied property of not less than 50 percent of the fair market value of the building or structure at the time of the preliminary certification of the property, or, in the case of income-producing property, expenditures on rehabilitation of such property of not less than 100 percent of the fair market value of the building or structure at the time of preliminary certification of the property, or, in the case of real property used primarily as residential property but partially as income-producing property, expenditures on rehabilita tion of such property of not less than 75 percent of the fair market value of the building or structure at the time of preliminary certification of the property, the county board of tax assessors shall be required to grant preferential assessment to such property. For the pur poses of this subsection, the term 'fair market value' shall mean the fair market value of the

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building or structure, excluding the provisions of subparagraph (C) of paragraph (1) of Code Section 48-5-2. The county board of tax assessors shall make the determination within 30 days after receiving the application and shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306. Appeals from the denial of an application for preferential assessment by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5311.
(f) A property owner who fails to have property classified as rehabilitated historic prop erty and listed on the Georgia Register of Historic Places for the preferential assessment shall be required to pay the difference between the amount of taxes on the property during the period that the assessment was frozen pursuant to the provisions of subsection (c) of this Code section and the amount of taxes which would have been due had the property been assessed at the regular fair market value, plus interest at the rate prescribed in Code Section 48-2-40.
(g) (1) Property which has been classified by the county board of tax assessors as reha bilitated historic property shall be eligible for the preferential assessment provided for in subsection (c) of Code Section 48-5-7; provided, however, that, for the purposes of determin ing the years of eligibility for preferential assessment, the tax year following the year in which the preliminary certification was filed with the county board of tax assessors pursuant to subsection (c) of this Code section shall be considered and counted as the first year of eligibility.
(2) Property which is subject to preferential assessment shall be separately classified from all other property on the tax digest; and such separate classification shall be such as will enable any person examining the tax digest to ascertain readily that the property is subject to preferential assessment.
(3) The county tax receiver or tax commissioner shall enter upon the tax digest as the basis or value of a parcel of rehabilitated historic property a value equal to the greater of the acquisition cost of the property or the assessment of the fair market value of the prop erty as recorded in the county tax digest at the time preliminary certification on such prop erty was received by the county board of tax assessors pursuant to subsection (c) of this Code section. Property classified as rehabilitated historic property shall be recorded upon the tax digest as provided in this Code section for nine consecutive assessment years, and the notation 'rehabilitated historic property' shall be entered on the tax digest adjacent to the valuation of such property to indicate that the property is being preferentially assessed. The tax commissioner or tax receiver shall also enter upon the tax digest an assessment of the fair market value of the property each year, excluding the provisions of subparagraph (C) of paragraph (1) of Code Section 48-5-2.
(h) When property has once been classified and assessed as rehabilitated historic prop erty, it shall remain so classified and be granted the special assessment until the property becomes disqualified by any one of the following:
(1) Written notice by the tax payer to the county tax commissioner or receiver to re move the preferential classification and assessment;
(2) Sale or transfer of ownership making the property exempt from property taxation;
(3) Decertification of such property by the Department of Natural Resources. The De partment of Natural Resources has the authority to decertify any property which no longer possesses the qualities and features which made it eligible for the Georgia Register of His toric Places or which has been altered through inappropriate rehabilitation as determined by the Department of Natural Resources. The sale or transfer to a new owner shall not operate to disqualify the property from preferential classification and assessment so long as the property continues to qualify as rehabilitated historic property. When for any reason the property or any portion thereof ceases to qualify as rehabilitated historic property, the owner at the time of change shall notify the Department of Natural Resources and the county board of tax assessors prior to the next January; or

FRIDAY, FEBRUARY 24, 1989

1201

(4) The expiration of ten years during which the property was classified and assessed as rehabilitated historic property; provided, however, that any such property may qualify thereafter as rehabilitated historic property if such property is subject to subsequent reha bilitation and qualifies under the provisions of this Code section.
(1) Any person who is aggrieved or adversely affected by any order or action of the Department of Natural Resources pursuant to this Code section shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hear ing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the Department of Natural Resources, shall have the right of judicial review thereof in ac cordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(j) (1) The taxes and interest deferred pursuant to this Code section shall constitute a prior lien and shall attach as of the date and in the same manner and shall be collected as are other liens for taxes, as provided for under this title, but the deferred taxes and interest shall only be due, payable, and delinquent as provided in this Code section.
(2) Liens for taxes deferred under this Code section, except for any lien covering the then current tax year, shall not be divested by an award for year's support authorized pur suant to Chapter 5 of Title 53."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Bowen rannon
D BPIu?rto"n Collins Dawkins Deai Dean Echols Edge English

Fincher Foster Fuller Garner
Gillis Hammill Harris
HTHTuogwgairnds Johnson Kidd Land McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard
Ragan of 32nd Ray Scott of 2nd
S0Shc1outm.t1aokfe36th Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Coleman (excused) Coverdell (excused) Engram

Kennedy (presiding) Langford

Ragan of 10th (excused) Timmons (excused)

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On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 226. By Representatives Pannell of the 122nd, Cummings of the 17th, Snow of the 1st and Alien of the 127th:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning preservation, pro motion, etc., of historic areas generally, so as to require the Historic Preservation Section of the Department of Natural Resources to establish, maintain, and ex pand a Georgia Register of Historic Places; to provide which properties shall be included in such register.
Senate Sponsor: Senator Kidd of the 25th.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

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:

January 26, 1989

SUBJECT: Fiscal Note--House Bill 226 (LC 10 8167) Establishment of Georgia Register of Historic Places

This bill would require the Historic Preservation Section of the Department of Natural Resources (DNR) to establish, maintain, and expand an inventory and register of historic places (to be known as the Georgia Register of Historic Places). Property listed in the Na tional Register of Historic Places and property meeting the criteria established by the Board of Natural Resources would be included in the register. Provisions relating to the addition and removal of property from the register and a hearing process for aggrieved or adversely affected persons are also included in the bill. If enacted, this bill would become effective upon the Governor's approval or upon becoming law without such approval.

The exact fiscal impact of this bill cannot be determined. Although the department anticipates that the current systems used to administer the National Register of Historic Places would be applicable to the proposed state register, the department indicated that additional staff may be required to develop admission criteria regulations and implement the proposed state register. However, cost estimates have not been developed.

/s/ G. W. Hogan State Auditor

/s/ C. T. Stevens Director, Office of Planning and Budget

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

FRIDAY, FEBRUARY 24, 1989

1203

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen B,BC,lruaoryut, onn
Collins Dawkins Deal Dean Echols Edge English

Fincher Foster Fuller Garner Gillis Hammill ,,HHHuoargwrgiasirnds,
Johnson Kidd Land McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 32nd P SS,a-, ccoo,tt,tt ooeff, 2,,30_n6dt.h,
6tarr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman (excused) Coverdell (excused)

Engrain Kennedy (presiding) Langford

Ragan of 10th (excused) Shumake Timmons (excused)

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general bill of the House, having been read the 1st time on February 14 and committed to the Senate Committee on Human Resources, and withdrawn from the Senate Committee on Human Resources on February 20 and committed to the Senate Com mittee on Higher Education, and favorably reported by the committee, was read the third time and put upon its passage:

HB 567. By Representatives Coleman of the 118th, Green of the 106th, McDonald of the 12th, Walker of the 115th and Childers of the 15th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a loan program for certain physicians who agree to practice medicine in physician underserved rural areas of Georgia; to provide for a short title.
Senate Sponsor: Senator Fincher of the 54th.

The Senate Committee on Higher Education offered the following substitute to HB 567:

A BILL
To be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a loan program for certain physicians who agree to practice medicine in physician underserved rural areas of Georgia; to provide for a short title; to provide for a statement of purpose; to provide for administration by the State Medi cal Education Board; to provide qualifications for physicians to receive loans; to provide for loans and for their repayment by practicing medicine in physician underserved rural areas of Georgia; to provide for contracts; to provide authority for the cancellation of contracts; to provide for funding; to provide for other matters relative to the foregoing; to repeal conflict ing laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at the end thereof a new Chapter 34 to read as follows:
"CHAPTER 34
31-34-1. This chapter shall be known and may be cited as the 'Physicians for Rural Areas Assistance Act.'
31-34-2. It is the purpose of this chapter to increase the number of physicians in physi cian underserved rural areas of Georgia by making loans to young physicians who recently completed their medical education and allowing such loans to be repaid by such physicians agreeing to practice medicine in such rural areas.
31-34-3. This chapter shall be administered by the State Medical Education Board, and, as used in this chapter, the word 'board' means the State Medical Education Board created in Code Section 20-3-510.
31-34-4. (a) A physician who receives a loan under the program provided for in this chapter shall be licensed to practice medicine within the State of Georgia at the time the loan is made and shall be a graduate of an accredited four-year medical school located in the United States which has received accreditation or provisional accreditation by the Liaison Committee on Medical Education of the American Medical Association or the Bureau of Professional Education of the American Osteopathic Association for a program of education designed to qualify the graduate for licensure by the Composite State Board of Medical Examiners of Georgia.
(b) The board shall make a full investigation of the qualifications of an applicant for a loan under the provisions of this chapter to determine the applicant's fitness for participa tion in such loan program, and for such purposes, the board may propound such examina tions to applicants as the board deems proper. The board's investigation shall include a determination of the outstanding medical education loans incurred by the applicant while completing his or her medical education and training.
(c) The board is authorized to consider among other criteria for granting loans under the provisions of this chapter the state residency status and home area of the applying phy sician and to give priority to those applicants who are physicians specializing in and actively practicing obstetrics. After giving such priority, the board may also consider, in the follow ing order of priority, the applications of physicians specializing in obstetrics/gynecology, family practice, general practice, general internal medicine, general pediatrics, general sur gery, psychiatry, or other medical specialties approved by the board.
(d) The board may adopt and prescribe such rules and regulations as it deems necessary or appropriate to administer and carry out the loan program provided for in this chapter. Such rules and regulations shall provide for fixing the rate of regular interest to accrue on loans granted under the provisions of this chapter. Such regular rate of interest shall not exceed by more than 2 percent the prime rate published from time to time by the Board of Governors of the Federal Reserve System. Within such limitation, the regular rate of inter est may be increased for new recipients of loans under this chapter.
31-34-5. (a) The board shall have the authority to grant to each applicant approved by the board on a one-year renewable basis a service cancelable loan for a period not exceeding four years. The amount of the loan shall be determined by the board, but such amount shall be related to the applicant's outstanding obligations incurred as a direct result of complet ing medical education and training.
(b) A loan or loans to each approved applicant shall be granted on the condition that the full amount of the loan or loans shall be repaid to the State of Georgia in services to be rendered by the applicant's practicing his or her profession in a board approved physician underserved rural area of Georgia. For each full year of practicing his or her profession in such a physician underserved rural area, the physician who obtained the loan shall receive

FRIDAY, FEBRUARY 24, 1989

1205

credit for the full amount of one year's loan plus regular interest which accrued on such amount.
(c) In making a determination of physician underserved rural areas of Georgia, the board shall seek the advice and assistance of the Department of Human Resources, the Joint Board of Family Practice, the University of Georgia Cooperative Extension Service, the Department of Community Affairs, and such other public or private associations or or ganizations as the board determines to be of assistance in making such determinations. Cri teria to determine physician underserved rural areas shall include, but shall not be limited to, relevant statistical data related to the following:
(1) The ratio of physicians to population in the area;
(2) Indications of the health status of the population in the area;
(3) The poverty level and dependent age groups of the population in the area;
(4) Indications of community support for more physicians in the area; and
(5) Indications that access to the physician's services is available to every person in the underserved area regardless of ability to pay.
31-34-6. (a) Before being granted a service cancelable loan provided for in this chapter, each applicant therefor shall enter into a contract with the State of Georgia agreeing to the terms and conditions upon which the loan is granted, which contract shall include such terms and conditions as will carry out the purposes and intent of this chapter. The chair man of the board and the executive director of the board, acting for and on behalf of the State of Georgia, shall execute the contract for the board. The contract shall also be prop erly executed by the applicant. The board is vested with full and complete authority to bring an action in its own name against any recipient of a loan under the provisions of this chapter for the performance of the contract and to collect any amount that may be due under the contract.
(b) Any recipient of a loan under the provisions of this chapter who breaches the con tract for such loan by either failing to begin or failing to complete the rural practice service obligation under the contract shall be immediately liable to the board for twice the total uncredited amount of all loans contracted for with the recipient, such uncredited amount to be prorated on a monthly basis respecting the recipient's actual service rendered and the total service obligation. For compelling reasons provided for in rules or regulations of the board, the board may agree to and accept a lesser measure of damages for the breach of a contract.
31-34-7. The board shall have the authority to cancel the contract of any recipient of a loan under this chapter for cause deemed sufficient by the board, provided that such author ity shall not be arbitrarily or unreasonably exercised. Upon such cancellation, the total un credited amount paid to the recipient shall at once become due and payable to the board in cash, and interest at the rate of 12 percent per annum shall accrue on such total uncredited amount from the date of cancellation to the date of payment.
31-34-8. The funds necessary to carry out the loan program authorized by this chapter may come from funds made available to the board from private, federal, or state sources. Funds appropriated by the General Assembly for the purposes of this chapter shall be ap propriated to the Board of Regents of the University System of Georgia for the specific purpose of the cancelable loan program authorized by this chapter. The board shall be as signed to the Board of Regents of the University System of Georgia for administrative pur poses only to receive and administer the funds appropriated to said board of regents as provided in this Code section.
31-34-9. The board shall make a biennial report to the General Assembly of its activi ties under the provisions of this chapter. Such report shall include the name of each recipi ent of a loan made under the provisions of this chapter, the amount of each such loan, and the rural area in which the recipient is practicing medicine. Such report shall also report the

1206

JOURNAL OF THE SENATE

amount of administrative expenses incurred by the board in carrying out the provisions of this chapter."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Howard of the 42nd offered the following amendment:

Amend HB 567 by striking on page 4, line 31, the period after the word "chapter"
and by adding there the following:
"including but not limited to agreement by the applicant to accept Medicare assign ment and to accept patients covered under the Medicaid program during the period of the loan repayment."

On the adoption of the amendment, Senator Howard of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Collins Dawkins Deal Dean Echols Edge English

Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Walker

Those voting in the negative were Senators:

Clay

Fincher

Tysinger

Those not voting were Senators:

Coleman (excused) Coverdell (excused) Engram

Kennedy (presiding) Ragan of 10th (excused)

Ray Timmons (excused)

On the adoption of the amendment, the yeas were 46, nays 3, and the amendment was adopted.

On the adoption of the substitute offered by the Senate Committee on Higher Educa tion, Senator Howard of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Burton Fincher

Land Phillips

Scott of 36th Tysinger

FRIDAY, FEBRUARY 24, 1989

1207

Those voting in the negative were Senators:

Albert Allgood Baldwin Barker
Barnes Bowen BDBClrraoaynunnon
Collins Dawkins
Deal Dean Echols Edge

English Foster Fuller Garner
Gillis Hammill HuHHuoagrwrgiasirndjs
Johnson Kidd
Langford McKenzie Newbill Olmstead

Parker Peevy Perry Pollard
Ragan of 32nd n SS0,,,hcou.tm,t aok,tfeo2ndj
btarr Stumbaugh
Tate Taylor Turner Walker

Those not voting were Senators:

Coleman (excused) Coverdell (excused)

Engrain Kennedy (presiding)

Ragan of 10th (excused) Timmons (excused)

On the adoption of the substitute, the yeas were 6, nays 44, and the substitute was lost.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Collins Dawkins Deal Dean Echols Edge English

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson 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 Turner Tysinger Walker

Those not voting were Senators:

Clay Coleman (excused) Coverdell (excused)

Engram Kennedy (presiding) Langford

Ragan of 10th (excused) Timmons (excused)

On the passage of the bill, the yeas were 48, nays 0.

1208

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed as amended.

The following general bills of the House, favorbly reported by the committees, were read the third time and put upon their passage:

HB 175. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the insurance licensing of agents, solicitors, brokers, counselors, and adjusters, so as to provide for grounds for refusing, suspending, or revoking such licenses; to provide for fiduciary capacities and record keeping requirements of agents holding licenses for life and accident and sickness insurance lines.
Senator Sponsor: Senator Land of the 16th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes B!owen BBrroanunnon
Burton
Clay
Collins Deal
Dean Echols

Edge English Fincher Fuller Gillis "ams , HHuogwgairnds
Johnson
Kidd
Land Langford
Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 32nd S0 coBtt o,f 36th,
Shumake
Stumbaugh
Tate Taylor
Turner Tysinger

Those not voting were Senators:

Coleman (excused) Coverdell (excused) Dawkins
Engram Foster

Garner Hammill Kennedy (presiding)
McKenzie Ragan of 10th (excused)

Ray Scott of 2nd Starr
Timmons (excused) Walker

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 622. By Representative Couch of the 36th:
A bill to amend Code Section 47-3-67 of the Official Code of Georgia Annotated, relating to the transfer of members of a certain local retirement fund to the Teachers Retirement System of Georgia, so as to provide requirements relative to certain contributions paid to the Teachers Retirement System of Georgia.
Senate Sponsors: Senators Coverdell of the 40th and Tate of the 38th.

FRIDAY, FEBRUARY 24, 1989

1209

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334-8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Bill Cummings, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

February 14, 1989

SUBJECT: House Bill 622 (Substitute) (LC 7 7318S) Teachers Retirement System

This bill would revise provisions relating to teachers employed by Fulton County who are members of the Teachers Retirement System (TRS) and were previously members of a local retirement fund (prior to the mandatory transfer of membership to the TRS effective July 1, 1988). Provisions within the bill address conditions under which contributions would or would not be considered as "accumulated contributions" and withdrawal of funds from the annuity savings fund and the pension accumulation fund. If enacted, this bill would become effective upon the Governor's approval or upon becoming law without such approval.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.

/s/ G. W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes ^owen
BPIruar"tonnon ColLs Dawkins Deal Dean Echols English Fincher

Foster Fuller Garner Gillis
Hammill Harris
JHTouh, gSng6sionns Kidd Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard
Ragan of 32nd Ray
SS,,,choutmt aok,fe36th Starr Stumbaugn Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Broun Coleman (excused)

Coverdell (excused) Edge

Engram Howard

1210

JOURNAL OF THE SENATE

Kennedy (presiding)

Scott of 2nd

Ragan of 10th (excused)

Timmons (excused)

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 525. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to the assessment of litigation costs and attorneys' fees for frivolous ac tions and defenses, so as to repeal the provisions which repeal such Code section on July 1, 1989.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols English

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Coleman (excused) Coverdell (excused) Edge

Engram Kennedy (presiding) McKenzie

Ragan of 10th (excused) Timmons (excused)

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

FRIDAY, FEBRUARY 24, 1989

1211

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 520. By Representatives Davis of the 29th, Sinkfield of the 37th, Benn of the 38th and Thomas of the 31st:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to the regulation of controlled substances, so as to provide for certain criminal penalties for delivering, distributing, dispensing, administer ing, selling, or possessing with intent to distribute certain controlled substances, certain narcotic drugs, or marijuana to minors.

The following bill of the House was read the first time and referred to committee:

HB 520. By Representatives Davis of the 29th, Sinkfield of the 37th, Benn of the 38th and Thomas of the 31st:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to the regulation of controlled substances, so as to provide for certain criminal penalties for delivering, distributing, dispensing, administer ing, selling, or possessing with intent to distribute certain controlled substances, certain narcotic drugs, or marijuana to minors.

Referred to Committee on Special Judiciary.

The following general resolution and bill of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HR 112. By Representatives Groover of the 99th, Walker of the 115th, Lee of the 72nd and Murphy of the 18th:
A resolution urging the Georgia Congressional Delegation to oppose the imposi tion of a federal tax on motor fuels, with the revenue generated thereby being used for general budgetary purposes.
Senate Sponsor: Senator Olmstead of the 26th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Collins

Dawkins Deal Dean Echols English Fincher Foster Fuller Gillis Hammill

Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead

1212

JOURNAL OF THE SENATE

Parker
Peevy PnP.eh-riirlily-ips Pollard
Ragan of 32nd

Ray
Scott of 2nd SmSchoutmt aokife36th Starr
Stumbaugh

Tate Taylor Tlurner
Tysinger Walker

Those not voting were Senators:

Brannon Coleman (excused) Coverdell (excused)

Edge Engram Garner

McKenzie Ragan of 10th (excused) Timmons (excused)

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 358. By Representatives Bishop of the 94th and Ware of the 77th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," so as to provide that the Commissioner of Insurance, when performing the rule-making duties of Commis sioner of Insurance, shall be subject to the "Georgia Administrative Procedure Act" in addition to other laws.
Senate Sponsor: Senator Shumake of the 39th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bwen Brannon

English Fincher Foster Fuller Garner Gillis Hammill

Burton Clay Collins
Dawkins Dean Echols Edge

Kennedy Kidd Land
Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 32nd D
fott of 2nd Scott ,f 36th Shumake
Starr Tate Turner Walker

Voting in the negative was Senator Taylor.

Those not voting were Senators:

Coleman (excused) Coverdell (excused) Deal Engram

Howard Huggins Johnson Ragan of 10th (excused)

Stumbaugh Timmons (excused) Tysinger

FRIDAY, FEBRUARY 24, 1989

1213

On the passage of the bill, the yeas were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed.

The following general bill of the House, having been read the third time and final ac tion suspended on February 23, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was put upon its passage:

HB 269. By Representatives Brown of the 88th, Thurmond of the 67th, Randall of the 101st, Holmes of the 28th, Cheeks of the 89th and Bishop of the 94th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds for public works, and Code Section 36-10-4 of the Official Code of Georgia Annotated, relating to bonds of contractors, so as to provide for the acceptances and giving of letters of credit in lieu of certain bonds.
Senate Sponsor: Senator Dawkins of the 45th.

The substitute to HB 269 offered by Senator Kidd of the 25th on February 23, as it appears in the Journal of February 23, was automatically reconsidered and put upon its adoption.

On the adoption of the substitute, the yeas were 39, nays 2, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Bowen Brannon Broun
urton CDr; oa,lw}l!mkisns
Deal Dean Echols English Fincher Foster Fuller

Garner Gillis Hammill Harris Howard
Muggins J,,Koehnnnseodn,y
Kldd Land Langford Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 32nd Ray
Scott of 2nd SS0 hc, outmt aok,fe36th
Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those voting in the negative were Senators:

Baldwin

Barnes

Edge

Those not voting were Senators:

Allgood Coleman (excused) Coverdell (excused)

Engram McKenzie

Ragan of 10th (excused) Timmons (excused)

1214

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 46, nays 3.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following resolution of the Senate was read and put upon its adoption:
SR 195. By Senators Kennedy of the 4th and Allgood of the 22nd: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, February 24, 1989, and to reconvene at 10:00 o'clock A.M. on Monday, February 27, 1989.
On the adoption of the resolution, the yeas were 42, nays 2.
The resolution, having received the requisite constitutional majority, was adopted.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 324. By Senator Allgood of the 22nd: A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to courts in general, and Title 47 of the Official Code of Georgia Anno tated, relating to retirement and pensions, so as to change provisions relative to senior judges serving as judges of the superior courts; to change provisions relat ing to the compensation of senior judges so serving.
The Senate Committee on Judiciary offered the following substitute to SB 324:
A BILL
To be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to courts in general, and Title 47 of the Official Code of Georgia Anno tated, relating to retirement and pensions, so as to change provisions relative to senior judges serving as judges of the superior courts; to change provisions relating to the compen sation of senior judges so serving; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to courts in general, is amended by adding after Code Section 15-1-9.1 a new Code Section 151-9.2 to read as follows:
"15-1-9.2. (a) As used in this Code section, the term 'senior judge' means a judge of superior court who has the status of a senior judge under Chapter 8 or 9 of Title 47.
(b) The chief judge of any superior court of this state may make a written request for assistance to a senior judge. The request by the chief judge may be made if one of the following circumstances arise:
(1) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court;
(2) A judge of the requesting court is unable to preside because of disability, illness, or absence; or
(3) A majority of the judges of the requesting court determines that the business of the court requires the temporary assistance of an additional judge or additional judges as pro vided for in Code Section 15-1-9.1.
(c) An active judge may call upon a senior judge to serve in an emergency or when the

FRIDAY, FEBRUARY 24, 1989

1215

volume of cases or other unusual circumstances cause such service to be necessary in order to provide for the speedy and efficient disposition of the business of the circuit.
(d) Senior judges serving as judges of the superior court under this Code section or any other provision of law shall be compensated in the amount of $165.00 per day for such service. In addition to such compensation, such senior judges shall receive their actual ex penses or, at the judge's option, in the event of service outside the county of the judge's residence, the same per diem expense authorized by law for members of the General Assem bly and shall receive mileage at the same rate as other state employees for such services. Such compensation, expenses, and mileage shall be paid from state funds appropriated or otherwise available for the operation of the superior courts, upon a certificate by the senior judge as to the number of days served or the expenses and mileage. Such compensation shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pen sion benefits, when applicable, of such judge."
Section 2. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking Code Section 47-8-64, which reads as follows:
"47-8-64. (a) A judge of a superior court may request in writing any senior judge to serve and preside in the superior court of any county in the judicial circuit of the superior court judge making such request. The judge of the superior court who has requested the services of a senior judge shall specify therein the time, place, and duration of such services and shall file a copy of such request or order in the office of the clerk of the superior court of the county in which such services are to be performed. Any senior judge may serve in the superior courts when thus requested and in accordance with such request, provided that such senior judge deems that his services may be of assistance in the operation of such court.
(b) Any senior judge is authorized to serve and preside in the superior court of any judicial circuit in this state when so requested in writing by a superior court judge of such circuit under subsection (a) of this Code section; and while a senior judge is thus serving and presiding in a superior court, such senior judge shall discharge all of the duties and exercise all of the powers and authority of a judge of the superior court of such circuit.
(c) It shall be the duty of all senior judges to hear and determine any and all motions for a new trial and to certify any and all bills of exceptions in any and all cases tried by such senior judge and in any and all cases tried by such judge while serving as judge of the superior court before he was appointed senior judge. In the performance of his duties under this subsection, the senior judge is granted the same authority and powers exercised by the judges of the superior courts in reference to a motion for a new trial. If a senior judge is unable to perform the duties under this subsection, because of death or otherwise, then such duties shall be performed by the presiding judge of the superior court of the county in which such cases were tried.
(d) Senior judges, while serving as judges of the superior courts under this chapter, shall receive compensation in the amount of $100.00 per day. In addition to such compensation, such senior judges shall receive their actual expenses or, at the judge's option, in the event of service outside the county of the judge's residence, the same per diem expense authorized by law for members of the General Assembly and mileage at the same rate as other state employees for such services. Such compensation, expenses, and mileage shall be paid from state funds appropriated or otherwise available for the operation of the superior courts, upon a certificate by the senior judge as to the number of days served or the expenses and mileage. Such compensation shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits of such senior judge.",
and inserting in its place a new Code section to read as follows:
"47-8-64. Senior judges may serve as judges of the superior courts as provided for in Chapter 1 of Title 15 or as otherwise provided by law. A senior judge serving as judge of the superior court shall be compensated as provided for in Code Section 15-1-9.2 or as otherwise provided by laws enacted after July 1, 1989; and such compensation for such service shall

1216

JOURNAL OF THE SENATE

not affect, diminish, or otherwise impair the payment or receipt of any retirement or pen sion benefits of such judge."
Section 3. Said Title 47 is further amended by striking subsection (c) of Code Section 47-9-60, relating to the office of senior judge, which subsection (c) reads as follows:
"(c) Senior judges may be called upon to serve as judges of the superior courts when the regular judge for some reason is unable to serve. Any such senior judge may be subject to designation and assignment, with the senior judge's consent, either as an additional or sub stitute judge. Such senior judges shall be compensated, in addition to the retirement pay provided for in this chapter, when applicable, in the amount of $100.00 per day for such services. In addition to such compensation, such senior judges shall receive their actual ex penses or, at the judge's option, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the same rate as other state employees for such services. Such compensation, expenses, and mileage shall be paid from state funds appropriated or otherwise available for the operation of the superior courts, upon a certifi cate by the judge as to the number of days served or the expenses and mileage. Such com pensation shall not affect, diminish, or otherwise impair the payment or receipt of any re tirement or pension benefits, when applicable, of such judge.",
and inserting in its place a new subsection (c) of Code Section 47-9-60 to read as follows:
"(c) Senior judges may serve as judges of the superior courts as provided for in Chapter 1 of Title 15 or as otherwise provided by law. A senior judge serving as judge of the superior court shall be compensated as provided for in Code Section 15-1-9.2 or as otherwise pro vided by laws enacted after July 1, 1989; and such compensation for such service shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits of such judge."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen
B roun ^CD,luaawrytokinns Deal Dean Echols Edge

English Fuller Garner Hammill
H arris JKHoiuhdfnd slonns Langford McKenzie Newbill Parker

Peevy Perry Pollard j^ay
Scott of 2nd Scott of 36th Starr Taylor Turner Tysinger Walker

Those voting in the negative were Senators:

Barker Brannon Collins Foster

Howard Land Olmstead Phillips

Ragan of 32nd Stumbaugh Tate

FRIDAY, FEBRUARY 24, 1989

1217

Those not voting were Senators:

Barnes Coleman (excused) Coverdell (excused) Engram

Fincher Gillis Kennedy

Ragan of 10th (excused) Shumake Timmons (excused)

On the passage of the bill, the yeas were 35, nays 11.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 145. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Hooks of the 116th and Lawson of the 9th:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1989 and ending June 30, 1990.

The following bill of the House was read the first time and referred to committee:

HB 145. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1989 and ending June 30, 1990.

Referred to Committee on Appropriations.

Serving as doctor of the day today was Dr. Romulo P. Navarro of Douglas, Georgia.

Senator Allgood of the 22nd moved that the Senate stand in recess until 5:00 o'clock P.M. today at which time the Senate would stand adjourned pursuant to SR 195, adopted previously, until 10:00 o'clock A.M. on Monday, February 27.

At 12:03 o'clock P.M., the President announced that the Senate would stand in recess until 5:00 o'clock P.M. today at which time the Senate would stand adjourned pursuant to SR 195, adopted previously, until 10:00 o'clock A.M. on Monday, February 27.

1218

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, February 27, 1989
Thirty-second Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Muggins of the 53rd reported that the Journal of the proceedings of Friday, February 24, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 881. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Goodwin of the 63rd, Breedlove of the 60th and others: A bill to amend an Act creating the board of commissioners of Gwinnett County, so as to change the provisions regarding the composition of the commissioner districts.
HB 901. By Representatives Isakson of the 21st, Howren of the 20th, Gresham of the 21st, Vaughan of the 20th, Ehrhart of the 20th and others: A bill to amend an Act creating the Cobb County-Marietta Water Authority.
HB 905. By Representatives Buford of the 103rd, Birdsong of the 104th, Lucas of the 102nd, Randall of the 101st and Pinkston of the 100th: A bill to amend an Act creating the Middle Georgia Coliseum Authority, so as to increase the amount of revenue bonds which the authority is empowered to issue; to prohibit the issuance of additional bonds except as authorized by this Act.
HB 906. By Representatives Buford of the 103rd, Groover of the 99th, Jenkins of the 80th, Lucas of the 102nd, Randall of the 101st and others: A bill to amend an Act providing for supplements to the salaries of the judges and district attorney of the superior courts of the Macon Judicial Circuit, so as to change the amount of supplemental salaries authorized to be paid to such district attorney.
HB 907. By Representatives Watts of the 41st and Murphy of the 18th: A bill to provide authority for the imposition of county law library fees as a part of the court costs in the Magistrate Court of Paulding County.
HB 909. By Representative Ricketson of the 82nd: A bill to amend an Act creating a new charter for the City of Warrenton, so as to change certain provisions creating the governing body of Warrenton; to provide for election of a mayor, mayor pro tern., and councilmembers.

MONDAY, FEBRUARY 27, 1989

1219

HB 910. By Representative Ricketson of the 82nd:
A bill to amend an Act placing the sheriff of Warren County on an annual salary in lieu of the fee system of compensation, so as to authorize the sheriff to appoint three deputy sheriffs upon the approval of the Board of Commissioners of War ren County.
HB 913. By Representative Reaves of the 147th:
A bill to amend an Act creating a new charter for the City of Lake Park, so as to provide for the election and terms of office of the mayor and councilmen.
HB 914. By Representatives Smith of the 152nd, Byrd of the 153rd and Moody of the 153rd:
A bill to amend an Act providing for the election of members of the Board of Education of Brantley County, so as to change the provisions relating to the com pensation of the members of the board.
HB 569. By Representatives Dover of the llth, McKelvey of the 15th and Martin of the 26th:
A bill to amend Code Section 34-8-152 of the Official Code of Georgia Annotated, relating to determination of eligibility for benefits of persons performing certain services, so as to change certain provisions relating to determination of eligibility for benefits of persons performing services in educational institutions.
HB 749. By Representatives Balkcom of the 140th, Reaves of the 147th, Moore of the 139th, Branch of the 137th, Chance of the 129th and others:
A bill to amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to repeal and replace the "Georgia Plant Food Act of 1970"; to provide for a short title; to provide for definitions; to provide for enforcement; to provide for the licensing of distributors of fertilizers, plant foods, and plant nutrients.
HB 576. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Code Section 42-8-38 of the Official Code of Georgia Annotated, relating to procedures and requirements applicable to probationers who violate the terms of probation, so as to provide that when probation is revoked in a county other than the county of original conviction, the probationer shall be transferred to the jail of the county of original conviction for service of the period of revocation or to await formal commitment.
HB 252. By Representatives Robinson of the 96th, Groover of the 99th and Bishop of the 94th:
A bill to amend Chapter 1 of Title 13 of the Official Code of Georgia Annotated, relating to contracts in general, so as to provide a statutory determination of what constitutes a trade secret; to provide that contractual rights or other rights relating to trade secrets shall be construed according to such statutory determination.
HB 332. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th, Groover of the 99th, Robinson of the 96th and others:
A bill to amend Chapter 7 of Title 51 of the Official Code of Georgia Annotated, relating to false arrest, false imprisonment, and malicious prosecution, so as to provide for the tort of abusive litigation; to define such tort; to provide for the prosecution of claims; to provide for assessment of damages, costs and expenses, and attorney's fees.

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HB 607. By Representative Royal of the 144th:
A bill to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to increase the compensation for mem bers' attendance at meetings.
HB 432. By Representative Buford of the 103rd:
A bill to amend Code Section 45-12-35 of the Official Code of Georgia Annotated, relating to rewards for detection or apprehension of perpetrators of felonies, so as to authorize county and municipal governing authorities to offer rewards in fel ony cases.
HB 510. By Representative Dunn of the 73rd:
A bill to amend Code Section 33-1-2 of the Official Code of Georgia Annotated, relating to definitions affecting insurance, so as to provide for forms of security deposits that shall be acceptable for possession by the Commissioner of Insurance.
HB 629. By Representative Mangum of the 57th:
A bill to amend Code Section 20-2-167 of the Official Code of Georgia Annotated, relating to funding for instructional and other costs under the "Quality Basic Education Act," so as to change the provisions relating to funding for direct in structional costs.
HB 494. By Representatives Rainey of the 135th, Moody of the 153rd, Meadows of the 91st, Tolbert of the 58th, Stancil of the 66th and others:
A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to certain offenses against public order and safety, so as to make unlawful the criminally negligent use of a firearm or archery tackle while in preparation for, engaged in the act of, or returning from hunting wild life; to make it unlawful to hunt or possess a hunting license under certain cir cumstances; to provide for the punishment of such acts.
HB 674. By Representatives Ware of the 77th, Groover of the 99th, Dunn of the 73rd, Kingston of the 125th, Jones of the 71st and others:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, so as to provide that the Commis sioner of Insurance may exert jurisdiction over persons providing coverage for medical or dental services unless such persons can demonstrate that they are specifically subject to the exclusive jurisdiction of the federal government.
HB 891. By Representative Thomas of the 69th:
A bill to amend Code Section 34-9-200.1 of the Official Code of Georgia Anno tated, relating to rehabilitation benefits and effect of employee's refusal of treat ment in workers' compensation cases, so as to provide that the employer, its in surer, or the injured employee shall assess the need for rehabilitation within a certain time period after notification of injury.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 245. By Senator Tate of the 38th:
A bill to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property generally, so as to provide for addi-

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1221

tional exemptions from the requirements of such Code section with respect to the conveyance of certain parcels of land to abutting property owners.
The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
HR 107. By Representative Buck of the 95th: A resolution authorizing the State Properties Commission to enter into a bound ary line settlement agreement, for and on behalf of the State of Georgia, with a property owner adjacent to the Franklin D. Roosevelt State Park in Harris County, Georgia.
HR 295. By Representative Connell of the 87th: A resolution authorizing and directing the conveyance of certain state owned property located in Richmond County, Georgia.
SR 25. By Senator Coleman of the 1st: A resolution authorizing the State Properties Commission to convey to the De velopment Authority of Chatham County, Georgia, and Union Camp Corpora tion, easements for the drilling, boring, constructing, laying, operating, maintain ing, repairing, removing, and replacing of an outfall structure, a diffuser system, pipelines, conduits, and electrical cables in, on, under, over, upon, across, and through certain state owned property situated in the Savannah River, Chatham County, Georgia.
The House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 22. By Senator Kidd of the 25th: A resolution granting nonexclusive easements for construction, operation, and maintenance of roads and transmission and power lines in, on, under, over, upon, across, and through property owned by the State of Georgia in Wilkinson County, Georgia; to provide an effective date.
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 195. By Senators Kennedy of the 4th and Allgood of the 22nd: A resolution relative to adjournment.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 387. By Senators Phillips of the 9th and Peevy of the 48th: A bill to amend an Act creating the board of commissioners of Gwinnett County, as amended, so as to require the board to prepare annually and make available for public dissemination an itemized account of all reimbursed expenses; to au thorize the expenditure of county funds for certain purposes; to provide for conditions.
Referred to Committee on Urban and County Affairs.
SB 388. By Senators Peevy of the 48th and Phillips of the 9th: A bill to create the office of public defender of Gwinnett County; to provide for definitions; to provide for its powers, duties, and authority; to provide for qualifi-

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cations, terms of office, and compensation; to provide for certain personnel; to provide for funding; to provide for requirements as to competence; to provide standards for determining indigency. Referred to Committee on Urban and County Affairs.
SB 389. By Senator Bowen of the 13th:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions concerning law enforcement officers and agencies, so as to provide that any peace officer employed by a county, municipal corpora tion, or other political subdivision of this state who is injured in the line of duty by an act of external violence or injury shall be entitled to his regular compensa tion for certain periods of time. Referred to Committee on Public Safety.
SB 390. By Senators Clay of the 37th, Ragan of the 32nd, Newbill of the 56th and Barnes of the 33rd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the judges of the second division of the State Court of Cobb County; to provide for an effective date. Referred to Committee on Urban and County Affairs.
SB 391. By Senator Brannon of the 51st:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions concerning child custody proceedings, so as to change the age at which a child shall have the right to select the parent with whom he or she desires to live. Referred to Committee on Children and Youth.
SR 193. By Senator Howard of the 42nd:
A resolution creating the Senate Guardianship Laws Study Committee. Referred to Committee on Judiciary.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 252. By Representatives Robinson of the 96th, Groover of the 99th and Bishop of the 94th:
A bill to amend Chapter 1 of Title 13 of the Official Code of Georgia Annotated, relating to contracts in general, so as to provide a statutory determination of what constitutes a trade secret; to provide that contractual rights or other rights relating to trade secrets shall be construed according to such statutory determination. Referred to Committee on Judiciary.
HB 332. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th and others:
A bill to amend Chapter 7 of Title 51 of the Official Code of Georgia Annotated, relating to false arrest, false imprisonment, and malicious prosecution, so as to provide for the tort of abusive litigation; to define such tort; to provide for the prosecution of claims; to provide for assessment of damages, costs and expenses, and attorney's fees. Referred to Committee on Special Judiciary.

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1223

HB 432. By Representative Buford of the 103rd:
A bill to amend Code Section 45-12-35 of the Official Code of Georgia Annotated, relating to rewards for detection or apprehension of perpetrators of felonies, so as to authorize county and municipal governing authorities to offer rewards in fel ony cases. Referred to Committee on Judiciary.
HB 494. By Representatives Rainey of the 135th, Moody of the 153rd, Meadows of the 91st and others:
A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to certain offenses against public order and safety, so as to make unlawful the criminally negligent use of a firearm or archery tackle while in preparation for, engaged in the act of, or returning from hunting wild life; to make it unlawful to hunt or possess a hunting license under certain cir cumstances; to provide for the punishment of such acts. Referred to Committee on Natural Resources.
HB 510. By Representative Dunn of the 73rd:
A bill to amend Code Section 33-1-2 of the Official Code of Georgia Annotated, relating to definitions affecting insurance, so as to provide for forms of security deposits that shall be acceptable for possession by the Commissioner of Insurance. Referred to Committee on Insurance.
HB 569. By Representatives Dover of the llth, McKelvey of the 15th and Martin of the 26th:
A bill to amend Code Section 34-8-152 of the Official Code of Georgia Annotated, relating to determination of eligibility for benefits of persons performing certain services, so as to change certain provisions relating to determination of eligibility for benefits of persons performing services in educational institutions. Referred to Committee on Industry and Labor.
HB 576. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Code Section 42-8-38 of the Official Code of Georgia Annotated, relating to procedures and requirements applicable to probationers who violate the terms of probation, so as to provide that when probation is revoked in a county other than the county of original conviction, the probationer shall be transferred to the jail of the county of original conviction for service of the period of revocation or to await formal commitment. Referred to Committee on Corrections.
HB 607. By Representative Royal of the 144th:
A bill to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to increase the compensation for mem bers' attendance at meetings. Referred to Committee on Human Resources.
HB 629. By Representative Mangum of the 57th:
A bill to amend Code Section 20-2-167 of the Official Code of Georgia Annotated, relating to funding for instructional and other costs under the "Quality Basic Education Act," so as to change the provisions relating to funding for direct in structional costs. Referred to Committee on Education.

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HB 674. By Representatives Ware of the 77th, Groover of the 99th, Dunn of the 73rd and others:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, so as to provide that the Commis sioner of Insurance may exert jurisdiction over persons providing coverage for medical or dental services unless such persons can demonstrate that they are specifically subject to the exclusive jurisdiction of the federal government.
Referred to Committee on Insurance.
HB 749. By Representatives Balkcom of the 140th, Reaves of the 147th, Moore of the 139th and others:
A bill to amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to repeal and replace the "Georgia Plant Food Act of 1970"; to provide for a short title; to provide for definitions; to provide for enforcement; to provide for the licensing of distributors of fertilizers, plant foods, and plant nutrients. Referred to Committee on Agriculture.
HB 891. By Representative Thomas of the 69th:
A bill to amend Code Section 34-9-200.1 of the Official Code of Georgia Anno tated, relating to rehabilitation benefits and effect of employee's refusal of treat ment in workers' compensation cases, so as to provide that the employer, its in surer, or the injured employee shall assess the need for rehabilitation within a certain time period after notification of injury. Referred to Committee on Judiciary.
HR 107. By Representative Buck of the 95th:
A resolution authorizing the State Properties Commission to enter into a bound ary line settlement agreement, for and on behalf of the State of Georgia, with a property owner adjacent to the Franklin D. Roosevelt State Park in Harris County, Georgia. Referred to Committee on Public Utilities.
HR 295. By Representative Connell of the 87th:
A resolution authorizing and directing the conveyance of certain state owned property located in Richmond County, Georgia. Referred to Committee on Public Utilities.
HB 881. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st and others:
A bill to amend an Act creating the board of commissioners of Gwinnett County, so as to change the provisions regarding the composition of the commissioner districts. Referred to Committee on Urban and County Affairs.
HB 901. By Representatives Isakson of the 21st, Howren of the 20th, Gresham of the 21st and others:
A bill to amend an Act creating the Cobb County-Marietta Water Authority. Referred to Committee on Urban and County Affairs.

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HB 905. By Representatives Buford of the 103rd, Birdsong of the 104th, Lucas of the 102nd and others: A bill to amend an Act creating the Middle Georgia Coliseum Authority, so as to increase the amount of revenue bonds which the authority is empowered to issue; to prohibit the issuance of additional bonds except as authorized by this Act.
Referred to Committee on Urban and County Affairs.
HB 906. By Representatives Buford of the 103rd, Groover of the 99th, Jenkins of the 80th and others: A bill to amend an Act providing for supplements to the salaries of the judges and district attorney of the superior courts of the Macon Judicial Circuit, so as to change the amount of supplemental salaries authorized to be paid to such district attorney.
Referred to Committee on Urban and County Affairs.
HB 907. By Representatives Watts of the 41st and Murphy of the 18th: A bill to provide authority for the imposition of county law library fees as a part of the court costs in the Magistrate Court of Paulding County.
Referred to Committee on Urban and County Affairs.
HB 909. By Representative Ricketson of the 82nd: A bill to amend an Act creating a new charter for the City of Warrenton, so as to change certain provisions creating the governing body of Warrenton; to provide for election of a mayor, mayor pro tern., and councilmembers.
Referred to Committee on Urban and County Affairs.
HB 910. By Representative Ricketson of the 82nd: A bill to amend an Act placing the sheriff of Warren County on an annual salary in lieu of the fee system of compensation, so as to authorize the sheriff to appoint three deputy sheriffs upon the approval of the Board of Commissioners of War ren County.
Referred to Committee on Urban and County Affairs.
HB 913. By Representative Reaves of the 147th: A bill to amend an Act creating a new charter for the City of Lake Park, so as to provide for the election and terms of office of the mayor and councilmen.
Referred to Committee on Urban and County Affairs.
HB 914. By Representatives Smith of the 152nd, Byrd of the 153rd and Moody of the 153rd: A bill to amend an Act providing for the election of members of the Board of Education of Brantley County, so as to change the provisions relating to the com pensation of the members of the board.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Education has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

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HB 375. HB 628.

Do pass by substitute. Do pass by substitute.
Respectfully submitted, Senator Foster of the 50th District, Chairman

Mr. President:

The Chairman on Human Resources has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 70. Do pass by substitute. HB 702. Do pass by substitute.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 187. Do pass by substitute. HB 637. Do pass by substitute.
Respectfully submitted,
Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 375. SB 376. SB 377. SB 379. HB 446. HB 791. HB 814. HB 825. HB 826. HB 828.

Do pass.

HB 829. Do pass.

Do pass. Do pass. Do pass. Do pass by substitute. Do pass. Do pass. Do pass. Do pass.

HB 830. HB 832. HB 834. HB 835. HB 841. HB 851. HB 852.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Do pass.

HB 854. .Do pass.

Respectfully submitted,

Senator Harris of the 27th District, Chairman,

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The following bills and resolutions of the Senate and House were read the second time:
SR 148. By Senators Barker of the 18th, Langford of the 35th, Newbill of the 56th and Parker of the 15th: A resolution commending the Permanent Homes for Children in Georgia program.
SR 149. By Senators Barker of the 18th, Langford of the 35th, Newbill of the 56th and Parker of the 15th: A resolution commending the Purchase of Services for Juvenile Offenders program.
SR 155. By Senators Deal of the 49th, Barker of the 18th, Howard of the 42nd and others: A resolution directing the Division of Youth Services of the Department of Human Resources and the Juvenile Justice Coordinating Council to close the Metropolitan Youth Development Center.
SR 161. By Senator Parker of the 15th: A resolution creating the Muscogee County Board of Education Study Committee.
SR 163. By Senators Phillips of the 9th, Peevy of the 48th, Burton of the 5th and others: A resolution urging the Federal Aviation Administration to conduct a detailed environmental impact study of the proposed expansion of the Stone MountainBritt Memorial Airport.
SR 164. By Senator Garner of the 30th: A resolution authorizing the lease of a certain tract of state owned real property; to provide an effective date.
SR 165. By Senators Ragan of the 10th, English of the 21st, Echols of the 6th and others: A resolution creating the Senate Ethanol Study Committee.
SR 167. By Senator Barker of the 18th: A resolution commending Georgia Court Appointed Special Advocates (CASA).
SR 171. By Senator Coleman of the 1st: A resolution authorizing the exchange of certain state owned real properties lo cated in Chatham County, Georgia; to provide an effective date.
SR 175. By Senator McKenzie of the 14th: A resolution authorizing the conveyance of certain state owned real property lo cated in Sumter County, Georgia; to provide an effective date.
SR 177. By Senator English of the 21st: A resolution creating the Senate Kenaf Plant Study Committee.
SB 208. By Senators Tate of the 38th, Scott of the 36th and Langford of the 35th: A bill to amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "State Housing Trust Fund for the Homeless Act," so as to require the State Housing Trust Fund for the Homeless Commission, in cooperation with the Department of Human Resources and the Department of

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Community Affairs, to develop and implement a program to provide shelter and meals to certain homeless persons.
SB 227. By Senators Tate of the 38th, Langford of the 35th and Coverdell of the 40th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile courts, so as to authorize a program of state subsidies to as sist certain counties in the funding of juvenile intake workers and juvenile proba tion officers; to provide for other matters relative to the foregoing; to provide effective dates.
SB 270. By Senator Barnes of the 33rd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the provisions relating to notices of special meetings of agencies; to define the term "agency" as used in the laws relating to inspection of public records.
SB 271. By Senator Barnes of the 33rd:
A bill to amend Code Section 9-13-143 of the Official Code of Georgia Annotated, relating to rates for legal advertisements, so as to change the rates for legal advertisements.
SB 306. By Senator Dawkins of the 45th:
A bill to amend Code Section 33-4-6 of the Official Code of Georgia Annotated, relating to the liability of an insurer for damages and attorney's fees for failure to pay a claim, so as to provide that an insurer must show that it acted in good faith in failing or refusing to pay an insurance claim within a certain period; to provide that an insurer failing to show such good faith shall be subject to punitive dam ages and attorney's fees.
SB 310. By Senators Howard of the 42nd and Langford of the 35th:
A bill to amend Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service, so as to authorize the Public Service Commission to establish, administer, and promote a state-wide dual party tele phone relay system for the utilization of telecommunication services by hearing impaired persons, speech impaired persons, and persons who are similarly impaired.
SB 320. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, so as to provide for definitions; to provide for a program to ensure appropriate physician direction over the rendering of emergency medical services by certain emergency medical services personnel; to provide for duties and responsibilities of the ambulance service medical director.
SB 333. By Senators English of the 21st, Albert of the 23rd, Olmstead of the 26th and others:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide that the governing bodies of certain hospitals, in considering whether to grant staff privileges to licensed medical practitioners, shall not discriminate among qualified applicants on the basis of an applicant's degree.

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SB 342. By Senators Tate of the 38th, Parker of the 15th and Garner of the 30th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, as as to provide for spe cial license plates for commemorating colleges or universities; to provide that ap plications for such special license plates shall be made to the commissioner.
SB 346. By Senator Kidd of the 25th:
A bill to amend Code Section 50-13-13 of the Official Code of Georgia Annotated, relating to the opportunity for a hearing in contested cases under the "Georgia Administrative Procedure Act," so as to authorize an agency, after a hearing upon a contested case, to withdraw into private session to deliberate on findings of fact and any penalties based upon the evidence introduced on matters offi cially noticed in such a hearing.
SB 351. By Senator Kidd of the 25th:
A bill to amend Code Section 21-5-50 of the Official Code of Georgia Annotated, relating to the filing of financial disclosure statements by public officers and can didates for public office, so as to change the provisions relating to the time of filing financial disclosure statements by candidates for public office.
SB 353. By Senators Barker of the 18th, Langford of the 35th, Newbill of the 56th and others:
A bill to amend Code Section 15-11-49 of the Official Code of Georgia Annotated, relating to the definitions, procedures and hearings, and disposition and transfers of juvenile traffic offenses, so as to provide that fines be remitted to a children and youth investment fund; to create a children and youth investment fund for each county of the State of Georgia.
SB 355. By Senators Barker of the 18th, Kidd of the 25th, Walker of the 43rd and others:
A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the Georgia Children and Youth Overview Committee; to provide for members, officers, duties, functions, powers, authority, compensation, appointments, and vacancies; to provide for funds; to provide for matters relative to the foregoing; to provide for an effective date.
SB 360. By Senators English of the 21st and Kidd of the 25th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the definition of certain terms.
SB 361. By Senators Tysinger of the 41st, Scott of the 2nd, Edge of the 28th and Baldwin of the 29th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, so as to provide certain requirements relative to resolutions conveying or leasing or grant ing easements over or for the use of state owned real property.
SB 367. By Senators Clay of the 37th, Ragan of the 32nd, Coverdell of the 40th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for legislative intent; to provide a short title; to provide for definitions; to create public bodies corporate and politic as deten tion buildings and facilities authorities; to provide for the activation of such de tention buildings and facilities authorities.

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SB 368. By Senators Foster of the 50th and Deal of the 49th:
A bill to amend Code Section 20-2-757 of the Official Code of Georgia Annotated, relating to the application of open meetings and open records laws to proceedings before school disciplinary tribunals, so as to change provisions relating to such application.
SB 369. By Senators Clay of the 37th, Tysinger of the 41st and Coleman of the 1st:
A bill to amend Code Section 36-62-2 of the Official Code of Georgia Annotated, relating to definitions used in the "Development Authorities Law," so as to pro vide that the definition of the term "project," as such term applies to develop ment authorities, shall include certain facilities to be used by universities or ath letic associations in connection with intercollegiate athletics.
SB 371. By Senator Deal of the 49th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for a statement of basic principles relative to the detention of juveniles.
SB 372. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to minimum compensation of chief magistrates, so as to change the pro visions relating to minimum compensation; to provide an effective date.
SB 374. By Senators Barker of the 18th, Burton of the 5th, Langford of the 35th and others:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish goals for the at-risk children and youth in the State of Georgia; to amend Code Section 45-12-78 of the Official Code of Georgia Annotated, relating to the duty of budget unit heads to submit annual estimates, so as to require the head of each budget unit to submit as a part of such unit's annual budget request certain information relating to programs af fecting children and youth.
SB 382. By Senator Barker of the 18th:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide for designation of community innovation zones; to provide for their powers and du ties; to provide for development of decategorization of resources for children and youth service; to provide for development of alternative reimbursement systems.
SB 383. By Senator Barker of the 18th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide incentives for increasing local juvenile justice services; to provide for funding to assist counties in developing additional juvenile services; to provide for development of a formula for alloca tion of such funding; to provide effective dates.
HR 22. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th:
A resolution designating the Romeo Diprima Center, the Mildred Knight Prevocational Center for the Developmentally Disabled, and the Ellis Hale Training and Treatment Center for Adolescents at the Northwest Georgia Regional Hospital.

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HR 89. By Representative Parham of the 105th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County, Georgia.
HR 190. By Representatives Ray of the 98th, Edwards of the 112th, Buck of the 95th, Robinson of the 96th and others:
A resolution designating a portion of the growth corridor program as the "Peach Parkway".
HR 228. By Representatives Greene of the 130th and Hanner of the 131st:
A resolution designating the Creek Indian Trail Scenic Highway.
HR 242. By Representative Birdsong of the 104th:
A resolution designating the Lightwood Knot Bridge.
HB 58. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
A bill to amend Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the issu ance of a special pharmacy permit for pharmacies operated by colleges of phar macy and provide for rules and regulations relating thereto.
HB 203. By Representatives Dobbs of the 74th, Lane of the lllth, Porter of the 119th and others:
A bill to amend Code Section 33-24-47 of the Official Code of Georgia Annotated, relating to notice of termination of insurance policies, so as to provide that notice of termination of accident and sickness insurance policies be dispatched to the insured not later than 60 days prior to the termination date of the policy.
HB 215. By Representatives Smyre of the 92nd, Lane of the 27th, McDonald of the 12th and others:
A bill to amend the Official Code of Georgia Annotated, so as to provide a frame work to facilitate and encourage coordinated, comprehensive state-wide planning and development at the local, regional, and state levels of government; to provide for statements of legislative intent and public purpose.
HB 239. By Representatives Holmes of the 28th, Lee of the 72nd, Walker of the 115th and Connell of the 87th:
A bill to amend Part 2 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to political party and nonpartisan primaries, so as to change certain provisions regarding the posting of certain lists of qualified candi dates; to provide for criminal penalties; to change certain provisions regarding the certification of political party candidates.
HB 403. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to revise substantially certain provisions relating to restrictions on campaign activities and public opinion polling within the vicinity of polling places or municipal polling places; to change the provisions specifying where such conduct shall be prohibited.

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HB 466. By Representatives Groover of the 99th, Walker of the 115th and Murphy of the 18th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, so as to authorize the sentencing judge upon request to release a de fendant on the defendant's personal recognizance pending the defendant's sur rendering voluntarily on a fixed date at a designated correctional institution op erated by or under the jurisdiction and supervision of the Department of Corrections.
HB 470. By Representatives Childers of the 15th, Richardson of the 52nd, Redding of the 50th and others:
A bill to amend Code Section 43-11A-18 of the Official Code of Georgia Anno tated, relating to termination of the Georgia Board of Examiners of Licensed Dietitians, so as to change a date.
HB 484. By Representative Selman of the 32nd:
A bill to amend Chapter 16 of Title 33 of the Official Code of Georgia Annotated, relating to farmers' mutual fire insurance companies, so as to increase the amount of funds which must be deposited representing a surplus of assets over liabilities for writing certain insurance coverage; to increase the maximum amount of insurance that may be retained on certain subjects.
HB 606. By Representatives Childers of the 15th and Watson of the 114th:
A bill to amend Subpart 1 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the public schoolteachers' health insurance plan, so as to change the definition of the term "public schoolteach ers"; to provide that contracts for health insurance for retiring public schoolteachers and their dependents shall be defined by regulations of the board.
HB 608. By Representatives Childers of the 15th and Watson of the 114th:
A bill to amend Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the public school employees' health insurance plan, so as to change the definition of the term "public school employee"; to provide that coverage available under the public school employees' health insurance plan shall be subordinated to the coverage available to retired or retiring public school employees.
HB 612. By Representative Dixon of the 151st:
A bill to amend Chapter 6 of Title 52 of the Official Code of Georgia Annotated, relating to pilots and pilotage, so as to provide that the Board of Pilotage Com missioners for the City of St. Marys shall have the authority to make an agree ment with the Florida State Board of Pilot Commissioners to establish authority for reciprocal pilotage in the port of St. Marys and the tributaries of the St. Marys River.
HB 613. By Representatives Childers of the 15th and Watson of the 114th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to change the definition of the term "person who works full time"; to provide that coverage available under the state employees' health insurance plan shall be subordinated to the coverage available under such federal program.

MONDAY, FEBRUARY 27, 1989

1233

HB 661. By Representative Edwards of the 112th:
A bill to amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope and practice of chiropractors, so as to provide that chiro practors may receive profits from the sale of vitamins, minerals, or food supple ments recommended by such chiropractors.
HB 757. By Representatives Porter of the 119th, Townsend of the 24th, Kilgore of the 42nd and Birdsong of the 104th:
A bill to amend Code Section 32-6-111 of the Official Code of Georgia Annotated, relating to the establishment and maintenance of limited-access roads, so as to provide that the consent of a municipality is not necessary for certain limitedaccess roads which are constructed in whole or as a part of a tollway project.
HB 758. By Representatives Porter of the 119th, Townsend of the 24th, Kilgore of the 42nd and Birdsong of the 104th:
A bill to amend Part 2 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to revenue bonds of the State Tollway Authority, so as to permit the obtaining of loans and the sale of bonds and notes under conditions to be established by the authority.
HB 864. By Representative Chambless of the 133rd:
A bill to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, the Board of Human Re sources, and the commissioner of human resources, so as to require service of notice of the pendancy of certain actions against the Department of Human Re sources, the Board of Human Resources, the commissioner of human resources, or any employee or agent thereof.
HB 399. By Representatives Bannister of the 62nd, Barnett of the 59th, Wall of the 61st, Barnett of the 10th and Athon of the 57th:
A bill to amend Code Section 3-3-23 of the Official Code of Georgia Annotated, relating to furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages, so as to provide that the term "proper identification" shall not include any traffic citation and complaint form.
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
February 24, 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

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in the Docket of Legislative Appearance for the 1989 Regular Session as of 3:00 p.m. on February 24, 1989. The list is numbered 904 through 919.
Most sincerely, /s/ Max Cleland
Attachment
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 persons numbered 904 through 919, who have registered in the Docket of Legislative Appearance as of February 24, 1989, 3:00 p.m. in accordance with Georgia Law 1970, p. 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 24th day of February, 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

904. Audrey W. Knight 909 Brimer Road Newnan, Ga. 30263 (404)251-4672 Georgia Eagle Forum-Newnan Chapter
905. Jim McDuffie 185 Washington Avenue Marietta, Ga. 30090-9660 (404)429-3289 Cobb County Tax Commissioners Office
906. B. Gail Downing 185 Washington Avenue Marietta, Ga. 30090-9660 (404)429-3289 Cobb County Tax Commissioners Office
907. Sharon Aikens Mack 59 E. Derenne Avenue Savannah, Ga. 31405 (912)651-8888 Mr. Money Check Casher
908. Pat Stevenson P.S. Media 46 West Broad Street Savannah, Ga. 31401 (912)233-9949 Georgia Checkcashers Association

909. Thomas J. Harrold, Jr. 1409 Peachtree Street, N.E. Atlanta, Ga. 30309 (404)885-1500 Northeast Georgia Surface and Air Transportation Comm. Motion Picture Association of America, Inc. Southeastern International Bankers Association
910. Douglas C. Schrader 30 W. Monroe Chicago, II 60603 (312)899-3423 Inland Steel Industries/J.M. Tull
911. Void
912. Robert L. Steed 2500 Trust Company Bank Atlanta, Ga. 30303 (404)572-4656 Federated, Inc.
913. Larry Baumwald 260 N. Milledge Ave. Athens, Ga. 30603 (404)353-8444 Agents Action Committee, Inc. Nationwide Insurance Independent Contractors Association

MONDAY, FEBRUARY 27, 1989

1235

914. Diane Farrell Post Office Box 2999 Reston, Va 22090 (703)620-6003 Recreation Vehicle Industry Association
915. John C. Miller 1855 Oak Lake Drive Clearwater, Fl. 34624 (813)888-5541 National Advertising Co.
916. Dr. Carlton Deese 200 Valley Hill Road Riverdale, Ga. 30274 (404)478-2667 Georgia Chiropractic Association

917. Don Floyd 270 Pryor Street, SW Atlanta, Ga. 30303 (404)659-0211 Georgia Association of Professional Bondsmen
918. Joe Mack Wilson Post Office Box 1266 Marietta, Ga. 30061 (404)971-5081 Thompson Real Estate Developments, Ltd.
919. Everett "Larry" Mclntyre 1471 Gresham Road Marietta, Ga. 30062 (404)977-4944 Towing Recovery Association of Georgia

The President called for the morning roll call, and the following Senators answered to their names:

Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coverdell Dawkins Deal Echols Edge

English Fincher Foster Fuller Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill

Those not answering were Senators:

Olmstead Parker Perry Ragan of 10th Ragan of 32nd Scott of 2nd Shumake Tate Taylor Timmons Turner Tysinger Walker

Albert Coleman Collins Dean Engram

Garner Gillis Langford Peevy Phillips

Pollard Ray Scott of 36th Starr Stumbaugh

Senator Allgood of the 22nd introduced the chaplain of the day, Reverend G. Horace Couch, pastor of Woodlawn United Methodist Church, Augusta, Georgia, who offered scrip ture reading and prayer.

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The following resolutions of the Senate were read and adopted:
SR 191. By Senator Dean of the 31st: A resolution commending Lamus Christopher.
SR 192. By Senator Dean of the 31st: A resolution expressing sympathy at the passing of Major General Winfield S. Harpe.
SR 194. By Senator Peevy of the 48th: A resolution commending the Lawrenceville Middle School Crusaders boys' bas ketball team.
SR 196. By Senator Broun of the 46th: A resolution commending the Communications Workers of America.
SR 197. By Senators Broun of the 46th and Barnes of the 33rd: A resolution commending University of Georgia Athletic Director Vince Dooley.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Monday, February 27, 1989
THIRTY-SECOND LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 375 Kennedy, 4th City of Ludowici Long County To provide that the City of Ludowici shall consist of one election district with five numbered posts; to provide for elections.
SB 376 Kidd, 25th Jasper County To abolish the present method of compensating the clerk of the Superior Court of Jasper County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, emoluments; to provide for periodic statements.
SB 377 Ragan, 32nd Newbill, 56th Barnes, 33rd Clay, 37th Cobb County To change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.
SB 379 Ragan, 32nd Newbill, 56th Barnes, 33rd

MONDAY, FEBRUARY 27, 1989

1237

Clay, 37th Cobb County
To change the compensation of the judges of the State Court of Cobb County; to provide for the power, authority, and functions of the chief judge; to provide for the salary of the chief judge.
*HB 446 Peevy, 48th City of Lawrenceville Gwinnett County
To change the provisions relating to the corporate limits of Lawrenceville. (SUBSTITUTE)
HB 791 Pollard, 24th Wilkes County
To change the provisions relating to the compensation of the chairman and members of the board of commissioners of Wilkes County.
HB 814 Garner, 30th Baldwin, 29th Carroll County
To authorize the governing authority of Carroll County to implement and to exercise the powers relating to the authority to require telephone companies to divide maintenance fees for the operation of enhanced emergency tele phone number "911" systems among subscribers.
HB 825 Bowen, 13th Town of Sumner Worth County
To provide for municipal elections.
HB 826 Bowen, 26th Turner County
To provide for the election of members of the board of education of Turner County, so as to provide a method for filling a vacancy on the board of educa tion.
HB 828 Harris, 27th Crawford County
To provide for the collection of an additional fee for the benefit of the Crawford County Law Library on each case filed in the Magistrate Court of Crawford County.
HB 829 McKenzie, 14th Peach County
To provide for the collection of an additional fee for the benefit of the Peach County Law Library on each case filed in the Magistrate Court of Peach County.
HB 830 Gillis, 20th City of East Dublin Laurens County
To provide that the mayor shall not have the authority and power to pardon, suspend, or commute the sentence of any person for a violation of any ordi nance of the Town of East Dublin.

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HB 832 Bowen, 13th City of Poulan Worth County To create and establish a new charter for the City of Poulan, so as to provide for municipal elections.
HB 834 Fincher, 54th Brannon, 51st Whitfield County To change the provisions relating to the compensation of the coroner.
HB 835 Ray, 19th Jeff Davis County To provide for staggered terms for the board of commissioners of Jeff Davis County; to change the compensation of the clerk of the county commission.
HB 841 Echols, 6th City of Jesup Wayne County To change the corporate limits of the City of Jesup.
HB 851 English, 21st City of Swainsboro Emanuel County To change the day of the general municipal election; to provide for council posts; to provide for terms of office of the mayor and councilmembers.
HB 852 Hammill, 3rd City of Hinesville Liberty County To change the method of filling vacancies in the office of mayor or city coun cil.
HB 854 Huggins, 53rd Walker County To change the provisions relating to the compensation of the coroner.
The substitute to the following bill of the House was put upon its adoption:
*HB 446:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 446:
A BILL
To be entitled an Act to amend an Act creating a new charter for the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), so as to change the provisions relating to the corporate limits of said city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Lawrenceville, approved March

MONDAY, FEBRUARY 27, 1989

1239

28, 1986 (Ga. L. 1986, p. 4961), is amended by striking in its entirety subsection (a) of Section 1.11 and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) Except as otherwise provided in Appendix B attached hereto and made a part of this Act, the corporate boundaries of the City of Lawrenceville shall be as described and set forth in Appendix A of this city charter. The boundaries of the city at all times shall be shown on a map, a written description, or any combination thereof, to be retained perma nently in the office of the city clerk and to be designated, as the case may be, 'Official Map (or description) of the corporate limits of the City of Lawrenceville, Georgia.' Photographic, typed, or other copies of such map or description certified by the city clerk shall be admit ted as evidence in all courts and shall have the same force and effect as the original map or description."

Section 2. Said Act is further amended by adding at the end of Appendix A the following:

"5 177 5-177-019A Davis

Hurricane Sh. and Hwy. 316".

Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Newbill

Olmstead Parker Peevy Perry Phillips Pollard Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Collins Langford

McKenzie Ragan of 10th Scott of 2nd

Shumake Taylor

On the passage of all the local bills, the yeas were 48, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 446, having received the requisite constitutional majority, were passed.

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HB 446, having received the requisite constitutional majority, was passed by substitute.
SENATE RULES CALENDAR
Monday, February 27, 1989
THIRTY-SECOND LEGISLATIVE DAY
SB 237 City/County Garbage Collection--relating to private service contracts (Substi tute) (Nat R--21st)
SB 309 Lake Lanier--certain vessels exempted from sewage discharge provision (Amend ment) (Nat R--48th)
SB 311 Board of Education--qualifications, disqualifications (Substitute) (Ed--49th) SB 345 Local Boards of Education--eligibility to serve (Ed--50th) SB 350 Youth in Custody of Corrections--school district (Ed--25th) SB 354 Convicted Persons--transmittal of information (Substitute) (Judy--49th) SR 54 Baldwin County--conveyance of certain state property (Substitute) (Pub
U--25th) SR 91 Senate Music Industry Committee--create (Rules--31st) SR 128 Joint West Point Lake Study Committee--create (Nat R--28th) SR 144 Landowner Leasing Hunting Rights--preference to Georgia residents (Nat
R--18th) SR 152 Joint Study Committee on Equalized Adjusted School Property Tax Di
gest--create (B&F--50th) SR 154 Taliaferro County--easement for fiber optic cable on state property (Pub
U--24th) SB 323 Cities Over 400,000--mayor may enter into certain contracts (U&CA G--40th) HB 337 School Bus Drivers--unused sick leave (Ed--19th) HB 185 Drivers' License Suspension--provisions for return (S Judy--48th) HB 519 Property Purchase--no action for lack of occupant information (Substitute)
(Judy--45th) HR 31 Joint Health Care Personnel Supply Planning Study Committee--create
(Rules--55th) HR 98 Winder--property easement, state owned property (Substitute) (Pub U--48th) HB 469 Certain Family Violence Centers--city/county grants (U & CA G--27th) HR 35 Bibb County--conveyance of certain state owned property (Pub U--26th) HB 481 Tax Assessments--notices by first class mail (B&F--8th) HB 535 Fire Sprinklers--regulation (Pub S--15th) HB 51 Certificate of Need--exempt certain renal dialysis machines (Hum R--42nd) SB 60 Workers' Compensation--Self-insurers Guaranty Trust Fund (Substitute)
(I&L--45th)
Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman
Senate Rules Committee

MONDAY, FEBRUARY 27, 1989

1241

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 237. By Senators English of the 21st, Gillis of the 20th and Kennedy of the 4th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that contracts or service agreements for private solid waste col lection or disposal services shall continue for a certain period after a county or municipality expands solid waste collection or disposal services into the area cov ered by the private contract or service agreement.
The Senate Committee on Natural Resources offered the following substitute to SB 237:

A BILL
To be entitled an Act to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to municipal corporations, so as to pro vide that contracts or service agreements for private solid waste collection or disposal ser vices shall continue for a certain period after a municipality expands solid waste collection or disposal services into the area covered by the private contract or service agreement; to provide for determination of the provision of solid waste collection or disposal services after the expiration of a private contract or service agreement under certain conditions; to pro vide for a competitive bidding process under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to municipal corporations, is amended by adding immediately following Code Section 36-30-13 a new Code Section 36-30-14 to read as follows:
"36-30-14. If an area in which a municipality enters into or expands solid waste collec tion or disposal services includes an area where a private solid waste collection or disposal firm is providing such services under a contract or service agreement, such agreement or contract shall remain valid after the date of expansion by the municipality into the area until the expiration date of its term."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Shumake of the 39th moved that he be excused from voting on SB 237, stating that he had a personal interest in the results.

On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Shumake of the 39th was excused from voting on the passage of SB 237.

On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood

Barker Bowen

Burton Coleman

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Collins Dawkins Deal Dean Echols English Fincher Fuller Garner Gillis Hammill Harris

Howard Huggins Johnson Kennedy Kidd Land McKenzie Olmstead Parker Peevy Perry Phillips

Pollard Ragan of 10th Ray Scott of 2nd Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Baldwin Barnes Brannon Clay

Coverdell Edge Engram Foster

Newbill Ragan of 32nd Scott of 36th

Those not voting were Senators:

Broun

Langford

Shumake (excused)

On the passage of the bill, the yeas were 42, nays 11.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 309. By Senator Peevy of the 48th:
A bill to amend Code Section 52-7-8.1 of the Official Code of Georgia Annotated, relating to the discharge of sewage from vessels on Lake Sidney Lanier, so as to provide for certain exemptions with respect to vessels constructed on or before January 1, 1978.

The Senate Committee on Natural Resources offered the following amendment:

Amend SB 309 by striking from the title beginning on line 3 and continuing onto line 5 on page 1 the following:
"for certain exemptions with respect to vessels constructed on or before January 1, 1978",
and inserting in lieu thereof the following:
"that the provisions applicable to the discharge of sewage from vessels on Lake Sidney Lanier shall apply to vessels constructed on or before January 1, 1978, in accordance with rules adopted by the Board of Natural Resources to provide a reasonable extension for such vessels to comply with certain provisions of law".
By striking from line 13 of page 1 the word "not".
By adding between the date "1978" and the period on line 15 of page 1 the following:
", in accordance with rules adopted by the Board of Natural Resources to provide a reasonable extension for such vessels to comply with the provisions of this Code section".

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

MONDAY, FEBRUARY 27, 1989

1243

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Bowen Brannon
roun CJa Cowman Collins Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller
Garner Gillis Hammill
Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie 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

Voting in the negative was Senator Newbill.

On the passage of the bill, the yeas were 55, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 311. By Senators Deal of the 49th and Foster of the 50th:
A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to change the provi sions relating to the qualifications and disqualifications for membership on the board.

The Senate Committee on Education offered the following substitute to SB 311:

A BILL
To be entitled an Act to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to change the provisions relating to the qualifications and disqualifications for membership on the board; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, is amended by striking Code Section 20-2-4, relat ing to qualifications and disqualifications of members of the State Board of Education, and inserting in lieu thereof a new Code Section 20-2-4 to read as follows:
"20-2-4. (a) The members of the State Board of Education shall be citizens of this state who have resided in Georgia continuously for at least five years preceding their appoint ment. No person employed or retained in a professional capacity by a private or public

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JOURNAL OF THE SENATE

educational institution or local school board or by the Department of Education nor any partner, associate, or employee of any person employed or retained in a professional capac ity by a private or public educational institution or local school board or by the Department of Education shall be eligible for appointment or to serve on the state board. No person who is or has been, within the previous two years, connected with or employed by a schoolbook publishing concern or by any person, firm, partnership, corporation, or other entity which sells or which has, within the previous two years, sold any school related goods or services directly to students of any public or private educational institution while on school premises shall be eligible for membership on the state board and, if any person shall be so connected or employed after becoming a member of the state board, his place shall immediately be come vacant.
(b) Any member of the State Board of Education, whether for himself or on behalf of any business in which he or any member of his family has a substantial interest, as defined in Code Section 45-10-20, who transacts business with any public or private educational institution shall disclose such transactions. Such disclosure shall be submitted prior to Jan uary 31 each year to the Secretary of State on such forms as he shall prescribe and shall include an itemized list of the previous year's transactions with the dollar amount of each transaction reported and totaled. Such disclosure statements shall be public records."
Section 2. The provisions of this Act shall not apply to or disqualify any current mem bers of the State Board of Education who were otherwise qualified at the time such persons were appointed to serve on the state board prior to the enactment of this Act.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th offered the following amendment:

Amend the substitute to SB 311 offered by the Senate Committee on Education by inserting on line 26, page 2, after the word "Education" the following:
"during their current term".

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment of fered by Senator Deal of the 49th was adopted.

Senator Baldwin of the 29th offered the following amendment:

Amend the substitute to SB 311 offered by the Senate Committee on Education by striking the period at the end of Section 2 and adding,
"or such current members who may be reappointed in the future."

On the adoption of the amendment offered by Senator Baldwin of the 29th, Senator Deal of the 49th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Clay Edge

Fincher Garner Howard Land McKenzie

Olmstead Phillips Ragan of 10th Ragan of 32nd Taylor

Those voting in the negative were Senators:

Allgood Barker Bowen

Brannon Broun Burton

Coleman Collins Coverdell

MONDAY, FEBRUARY 27, 1989

1245

Dawkins Deal Echols inglish Engram FFoulslteerr
Gillis
Hammill
Harris

Huggins Johnson Kennedy Kidd Newbill PPeaerkvyer
Perry
Pollard
Ray

Scott of 2nd Scott of 36th Starr Stumbaugh T rTiiamlemons
Turner
Tysinger
Walker

Those not voting were Senators:

Dean

Langford

Shumake

On the adoption of the amendment, the yeas were 15, nays 38, and the amendment offered by Senator Baldwin of the 29th was lost.

On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Timmons Turner Tysinger

Those voting in the negative were Senators:

Baldwin Edge

Howard Olmstead

Starr Walker

Not voting was Senator Shumake.

On the passage of the bill, the yeas were 49, nays 6.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Coleman of the 1st introduced the doctor of the day, Dr. Robert S. Balsley, of Savannah, Georgia.

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The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 345. By Senator Foster of the 50th:
A bill to amend Code Section 20-2-51 of the Official Code of Georgia Annotated, relating to selection and eligibility of members of county boards of education, so as to provide conditions of eligibility to serve as a member of any local board of education.

Senator Deal of the 49th offered the following amendment:

Amend SB 345 by deleting on line 23, page 1, the word "county" and inserting in lieu thereof the word "local".

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Gillis Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker

Peevy
Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Garner

Hammill

Shumake

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 350. By Senator Kidd of the 25th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to provide that certain children or youth in the physical custody of the Department of Correc tions or the Department of Human Resources shall not be eligible for enrollment

MONDAY, FEBRUARY 27, 1989

1247

in the educational programs of the local unit of administration of the school dis trict where the child or youth is being held.

Senators Deal of the 49th and Kidd of the 25th offered the following amendment:

Amend SB 350 by inserting after the word "Resources" on line 23 of page 4 the following:
"and confined in a facility".

On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead

Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Allgood Broun

Hammill Peevy

Shumake Timmons

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

The following resolution of the Senate was taken up for the purpose of considering the House amendment thereto:

SR 22. By Senator Kidd of the 25th:
A resolution granting nonexclusive easements for construction, operation, and maintenance of roads and transmission and power lines in, on, under, over, upon, across, and through property owned by the State of Georgia in Wilkinson County, Georgia; to provide an effective date.

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The House amendment was as follows:

Amend SR 22 by striking on page 5, line 12, after the word "be" the figure "$250.00"

and inserting in lieu thereof "$650.00."

Senator Kidd of the 25th moved that the Senate agree to the House amendment to SR 22.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Brannon Burton Clay Coleman Coffins Coverdell Dawkins Deal Dean Edge English Engram

Fincher Foster Fuller Gillis Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker

Perry Phillips Pollard Ragan of 10th
Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Allgood Bowen Broun Echols

Garner Hammill Kennedy (presiding)

Peevy Shumake Timmons

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 22.

The following general bill and resolutions of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:

SB 354. By Senators Deal of the 49th and Garner of the 30th:
A bill to amend Code Section 42-5-50 of the Official Code of Georgia Annotated, relating to transmittal of information on convicted persons, places of detention, and custody of inmates, so as to change the provisions relating to transmittal of information on convicted persons.

The Senate Committee on Judiciary offered the following substitute to SB 354:

A BILL
To be entitled an Act to amend Code Section 42-5-50 of the Official Code of Georgia Annotated, relating to transmittal of information on convicted persons, places of detention, and custody of inmates, so as to change the provisions relating to transmittal of information

MONDAY, FEBRUARY 27, 1989

1249

on convicted persons; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 42-5-50 of the Official Code of Georgia Annotated, relating to transmittal of information on convicted persons, places of detention, and custody of in mates, is amended by striking subsection (a) of said Code section, which reads as follows:
"(a) Immediately upon the imposition of a sentence as provided in subsection (b) of Code Section 42-5-51, the clerk of the court shall notify the commissioner of the sentence and shall notify the commissioner of the sentence and shall forthwith dispatch, along with such notice, by mail, a complete history of the convicted person, upon forms provided by the commissioner. The history shall include a certified copy of the indictment, accusation, or both, a certified copy of the sentence, and such other information as the commissioner may require. Except where the clerk is on a salary, the clerk shall receive from funds of the county the fee prescribed in Code Section 15-6-77 for such service.",
and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The clerk of the court shall notify the commissioner of a sentence within ten work ing days following the imposition of the sentence by the court. Such notice shall be mailed within such time period by first-class mail and shall be accompanied by three complete and certified sentence packages containing the following documents:
(1) A certified copy of the sentence;
(2) A complete history of the convicted person, including a certified copy of the indict ment, accusation, or both and such other information as the commissioner may require;
(3) An affidavit of the custodian of such person indicating the total number of days the convicted person was incarcerated prior to the imposition of the sentence; and
(4) Order of probation revocation or tolling of probation.
All of the aforementioned documents will be submitted on forms provided by the commis sioner. The commissioner shall file one copy of each such document with the State Board of Pardons and Paroles within ten working days of receipt of such documents from the clerk of the court. Except where the clerk is on a salary, the clerk shall receive from funds of the county the fee prescribed in Code Section 15-6-77 for such service."
Section 2. This Act shall become effective on January 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Pollard of the 24th offered the following amendment:
Amend the substitute to SB 354 offered by the Senate Committee on Judiciary by de leting on line 5, page 2, the following:
"imposition of the sentence by the court.",
and insert in lieu thereof the following:
"receipt of the sentence, and other documents set forth in this section.".
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engrain Fincher Fuller Garner Gillis Hammill Harris Howard Huggins Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Foster

Johnson Kennedy (presiding) Shumake

Starr Timmons

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SR 54. By Senator Kidd of the 25th:
A resolution authorizing and directing the conveyance of certain state owned property located in Baldwin County, Georgia; to repeal a specific Act; to provide an effective date.

The Senate Committee on Public Utilities offered the following substitute to SR 54:

A RESOLUTION
Authorizing and directing the conveyance of certain state owned property located in Baldwin County, Georgia; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of four parcels of real property in Bald win County, two of which are located within the right-of-way limits of U. S. Highway 441 in Baldwin County, Georgia; and
WHEREAS, Parcel "A" and Parcel "B" of the property are approximately 150 acres located in Land Lot 266 and Land Lot 281 and identified on a drawing on file in the office of the State Properties Commission and more particularly identified and described by a plat of survey suitable for recording in Baldwin County to be provided to the State Properties Commission prior to the conveyance of said parcels of property; and
WHEREAS, Parcel "C" of the property is approximately 28.06 acres and Parcel "D" of the property is approximately 2.90 acres; and
WHEREAS, Parcel "C" and Parcel "D" of said real property are all those tracts or

MONDAY, FEBRUARY 27, 1989

1251

parcels of land lying and being in Baldwin County, Georgia, and being generally described as follows:
"PARCEL 'C'
All that tract or parcel of land lying and being in Land Lots 265, 266 and 281 of the 1st Land District of Baldwin County, Georgia, being more particularly described as follows:
BEGINNING at a point 150 feet right of and opposite station 294+00 on the construction centerline of Georgia Highway Project EDS-441(2) Ct. 1; running thence N 87 degrees 54'01" W a distance of 394.3 feet to a point 200 feet left of and opposite station 295+80 on said construction centerline; thence northwesterly along a curved line 200 feet left of and parallel to said construction centerline, an arc distance of 132.6 feet to a point 200 feet left of and opposite station 297 + 00 on said construction centerline; thence N 70 degrees 51'43" E a distance of 50 feet to a point 150 feet left of and opposite station 297+00 on said construction centerline; thence northerly and northwesterly along a curved line 150 feet left of and parallel to said construction centerline, an arc distance of 575.8 feet to a point 150 feet left of and opposite station 302 + 33.9 on said construction centerline; thence N 03 de grees 0715" W a distance of 3,208.8 feet to a point 150 feet left of and opposite station 334 + 42.7 on said construction centerline; thence N 54 degrees 47'36.5" E a combined dis tance of 354.6 feet to a point 116 feet right of and opposite station 336 + 35.2 on said con struction centerline; thence southeasterly along a curved line with a radius of 838.93 feet an arc distance of 29.1 feet to a point of 116.0 feet right of and opposite station 336+02.1 on said construction centerline; thence S 03 degrees 07'15" E a distance of 752.1 feet to a point 150 feet right of and opposite station 328+50 on the construction centerline of said project; thence northeasterly along a straight line to a point 180 feet right of and opposite station 328+50 on said construction centerline; thence southeasterly along a straight line to a point 180 feet right of and opposite station 325 + 50 on said construction centerline; thence south westerly along a straight line to a point 150 feet right of and opposite station 325+50 on said construction centerline; thence S 03 degrees 07' 15" E a distance of 2,316.1 feet to a point 150 feet right of and opposite station 302 + 33.9 on said construction centerline; thence southerly and southeasterly along a curved line 150 feet right of and parallel to said con struction centerline, an arc distance of 768.4 feet back to the point of BEGINNING. Said property is further identified as Parcel Number 23 on that certain plat prepared by the Department of Transportation for Project Number EDS-44K2) Ct. 1, Baldwin County, dated August 6, 1987." "PARCEL 'D'
All that tract or parcel of land lying and being in Land Lot 281 of the 1st Land District of Baldwin County, Georgia, being more particularly described as follows:
BEGINNING at a point on the northwesterly existing right of way line of Georgia Railroad, said point being 66 feet right of and opposite station 338+04.4 on the construction centerline of Georgia Highway Project EDS-441(2) Ct. 1; running thence S 54 degrees 47'36.4" W a combined distance of 315.9 feet to a point 184 feet left of and opposite station 336 + 17.0 on said construction centerline; thence northeasterly along a line 184 feet left of and parallel to said construction centerline to a point 184 feet left of and opposite station 343 + 77.9 on said construction centerline, said point also being on the southerly existing right-of-way line of State Route 22; thence southeasterly along said existing southerly right-of-way line a combined distance of 206.7 feet to a point 7.0 feet right of and opposite station 344 + 56.7 on said construction centerline, said point also being of a property line between the lands of grantor and the lands now or formerly owned by Georgia Power Company; thence south westerly along said latter property line a distance of 463.4 feet to the intersection of another property line between the lands of the grantor and said Georgia Power Company lands at a point 6.8 feet left of and opposite station 339+90.5 on said construction centerline; thence southeasterly along said latter property line a combined distance of 197.1 feet to the inter section of said northwestern existing Railroad right of way line; thence southwesterly along said northwestern existing Railroad right of way line a distance of 187.9 feet back to the point of BEGINNING.

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Said property is further identified as Parcel Number 24 on that certain plat prepared by the Department of Transportation for Project Number EDS-441(2) Ct. 1, Baldwin County, dated August 6, 1987.";
and
WHEREAS, the Development Authority of City of Milledgeville and Baldwin County is desirous of obtaining Parcel "A" and Parcel "B" of the above-described property; and
WHEREAS, the Department of Transportation is desirous of obtaining Parcel "C" and Parcel "D" of the above-described property for the U. S. Highway 441 - Milledgeville ByPass; and
WHEREAS, this property is not needed by the State of Georgia and therefore is surplus.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-described property and, in all matters relating to the conveyance of the property, the State of Georgia is acting by and through the State Properties Commission.
Section 2. That Parcel "A" and Parcel "B" of the above-described real property shall be conveyed by appropriate instrument to the Development Authority of City of Milledgeville and Baldwin County by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $650.00 and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia.
Section 3. That Parcel "C" and Parcel "D" of the above-described real property shall be conveyed by appropriate instrument to the Department of Transportation by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $650.00 and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia.
Section 4. That, if the Development Authority of the City of Milledgeville and Baldwin County determines the need to convey all or a portion of Parcel "A" or Parcel "B" of the above-described property to a private person or corporation or other entity, then before any such disposition the State Properties Commission shall have first approved both the disposi tion and the monetary consideration for said disposition, which consideration shall not be less than the fair market value of such property. Any such State Properties Commission approval shall be conditioned on said monetary consideration, less any incurred expenses of disposition which have been approved by the State Properties Commission, being received and deposited by the State Properties Commission into the treasury of the State of Georgia.
Section 5. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
Section 6. That a plat of survey shall be provided by purchaser, suitable for recording in Baldwin County, and presented to the Executive Director of the State Properties Commis sion for his approval.
Section 7. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval and in accordance with the provisions hereof.
Section 8. That all laws and parts of laws in conflict with this resolution are repealed.
On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

MONDAY, FEBRUARY 27, 1989

1253

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill

Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner

Those not voting were Senators:

Barnes Kennedy (presiding)

Shumake Tysinger

Walker

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

SR 91. By Senators Dean of the 31st and Kennedy of the 4th:
A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizens' advisory council thereto.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Dean

Echols Edge English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson

Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray

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JOURNAL OF THE SENATE

Scott of 2nd Scott of 36th Starr

Tate Taylor Timmons

Turner Walker

Those not voting were Senators:

Baldwin Deal

Kennedy (presiding) Shumake

Stumbaugh Tysinger

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 128. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st: A resolution creating the Joint West Point Lake Study Committee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kidd Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Bowen Harris

Kennedy (presiding) Land Ragan of 10th

Scott of 2nd Shumake

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 144. By Senator Barker of the 18th:
A resolution urging owners of timberlands and other landowners leasing hunting rights to give preference to Georgia residents in the selection of lessees.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

MONDAY, FEBRUARY 27, 1989

1255

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton
Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kidd Land Langford McKenzie Newbill

Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Brannon Harris Kennedy (presiding)

Scott of 2nd Shumake

Starr Timmons

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 152. By Senators Foster of the 50th, Tysinger of the 41st, Deal of the 49th and others:
A resolution creating a Joint Study Committee on the Equalized Adjusted School Property Tax Digest.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen
Burton Clay Coleman Collins Coverdell Dawkins Deal Dean

Echols Edge Engram Foster Fuller Garner
Gillis Hammill Harris Howard Huggins Johnson Kidd Land

Langford McKenzie Newbill Olmstead Parker Peevy
Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th

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JOURNAL OF THE SENATE

Starr Stumbaugh

Taylor Turner

Tysinger Walker

Those not voting were Senators:

Brannon Broun English

Fincher Kennedy (presiding) Shumake

Tate Timmons

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 245. By Senator Tate of the 38th:
A bill to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property generally, so as to provide for addi tional exemptions from the requirements of such Code section with respect to the conveyance of certain parcels of land to abutting property owners.

The House amendment was as follows:

Amend SB 245 by striking the period from line 26 of page 1 and inserting in lieu thereof the following:
"; provided, however, that each abutting property owner shall be notified of the availa bility of the property and shall have the opportunity to purchase said property under such terms and conditions as set out by ordinance."

Senator Tate of the 38th moved that the Senate agree to the House amendment to SB 245.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen
^urton Clay CCoollleimnsan Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher
Foster Fuller Gillis
am Harris HHuogwgairnds Johnson
Kidd
Land
Langford McKenzie
Newbill

Olmstead Parker Perry
Phillips Pollard Ragan of 10th Ragan of 32nd
* S,, coytt o,f 2. nd, Scott of 36th
Stumbaugh
Tate
Taylor Turner
Walker

MONDAY, FEBRUARY 27, 1989

1257

Those not voting were Senators:

Barnes Brannon Garner

Kennedy (presiding) Peevy Shumake

Starr Timmons Tysinger

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 245.

The following general resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 154. By Senator Pollard of the 24th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a fiber optic cable in, on, over, under, upon, across, and through property owned by the State of Georgia in Taliaferro County, Georgia; to provide an effective date.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kidd Land Langford McKenzie Newbill

Those not voting were Senators:

Olmstead Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Tate Turner Tysinger Walker

Brannon Coleman Fincher Harris

Kennedy (presiding) Peevy Shumake

Stumbaugh Taylor Timmons

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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JOURNAL OF THE SENATE

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the hereinafter described real prop erty, hereinafter referred to as the "easement area," and that in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Com mission, is authorized to grant to the City of Winder, a political subdivision of the State of Georgia, an easement for the construction, installation, operation, maintenance, repair, re placement, and improvement of an underground water supply line, pumping station, and deep water intake, as described above in this resolution, upon and under real property lying within the boundaries of the Fort Yargo State Park, Barrow County, Georgia, and more particularly described as follows:
The real property over which the easement is to be granted consists of a strip of land 30 feet in width, a portion of which lies within the bounds of an existing sewer easement owned by the City of Winder, located approximately as shown on a drawing labeled "Raw Water Force Main for City of Winder, Georgia," prepared by Hightower Consulting Engineers, Social Circle, Georgia, 30279, dated June 6, 1988, said drawing being on file in the offices of the Department of Natural Resources and the City of Winder; and said easement may in clude such portion of Fort Yargo Lake as selected by the State Properties Commission, after consultation with the Department of Natural Resources and the superintendent of Fort Yargo State Park, as may be necessary to accommodate a deep water intake structure; and said easement may include a license upon the same terms and conditions set forth in the license agreement dated November 29, 1988, between the Department of Natural Resources and the City of Winder.
Section 3. That the term of the easement shall be perpetual as long as the easement area is used for the purposes described in this resolution.
Section 4. That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the Official Code of Georgia Annotated requir ing that a conveyance of real property by the state be filed with the State Properties Com mission and accompanied by a plat of the property conveyed, the plat of survey of the property, prepared by a Georgia Registered Land Surveyor, the conveyance of which is au thorized by this resolution, to be furnished by purchaser, and presented to and approved by the State Properties Commission, shall constitute an acceptable plat for filing.
Section 5. That no title shall be conveyed to the City of Winder and, except as herein specifically granted to the City of Winder, all rights, title, and interest in and to said ease ment area are reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Winder.
Section 6. That the State Properties Commission is authorized to do all acts and things necessary and proper to effect the grant of the easement provided for in this resolution.
Section 7. That the consideration for such easement shall be $650.00 and the mutual benefit to the parties from the construction, operation, and maintenance of the facilities placed upon and under the easement area.
Section 8. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. That all laws or parts of laws in conflict with this resolution are repealed.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

MONDAY, FEBRUARY 27, 1989

1265

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Brannon Clay Fuller Garner

Gillis Kennedy (presiding) Langford

Shumake Stumbaugh Timmons

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

HB 469. By Representative Thompson of the 20th:
A bill to amend Code Section 19-13-22 of the Official Code of Georgia Annotated, relating to the eligibility of family violence centers for licensing and funding, so as to authorize grants of county and municipal funds to certain family violence centers.
Senate Sponsor: Senator Harris of the 27th.

Senator Howard of the 42nd offered the following amendment:

Amend HB 469 by adding after the first semicolon on line 5 of page 1 the following:
"to provide for nondiscriminaton in the organization of and delivery of services by fam ily violence shelters and family violence programs; to provide for related matters;".
By renumbering Sections 2 and 3 as Sections 3 and 4 and inserting a new Section 2 to read as follows:
"Section 2. Said Code section is further amended by adding at the end thereof a new subsection (g) to read as follows:
'(g) In order to be licensed or funded under this article, a family violence program or family violence shelter must agree to be bound by and observe the following nondiscrimina-

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JOURNAL OF THE SENATE

tion policy, which policy shall be the sole and exclusive nondiscrimination policy of any program or shelter licensed or funded under this article:
"No family violence program or family violence shelter shall discriminate, either in its organization or in the delivery of services, on the basis of race, religion, national origin, sex, or age, except that in the delivery of services a program or shelter may provide preferential service on the basis of sex or age if necessary because of a demand for service in excess of the resources of the program or shelter." ' "

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of the amendment and bill would be sus pended and placed on the Senate General Calendar.

HR 35. By Representatives Groover of the 99th, Lucas of the 102nd and Randall of the 101st:
A resolution authorizing the conveyance of certain state owned real property lo cated in Bibb County, Georgia.
Senate Sponsor: Senator Olmstead of the 26th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Coverdell Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Brannon Dawkins Kennedy (presiding)

Langford McKenzie Scott of 2nd

Shumake Timmons

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

MONDAY, FEBRUARY 27, 1989

1267

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 853. By Representatives Yeargin of the 14th, Clark of the 13th, Thurmond of the 67th, Green of the 106th, Irwin of the 13th and others:
A bill to create the Northeast Georgia Surface and Air Transportation Commission.

The following bill of the House was read the first time and referred to committee:

HB 853. By Representatives Yeargin of the 14th, Clark of the 13th, Thurmond of the 67th and others:
A bill to create the Northeast Georgia Surface and Air Transportation Commission.
Referred to Committee on Urban and County Affairs.

The following general bill of the House, having been read the third time on February 22 and lost, and reconsidered on February 23, and placed on the Senate Rules Calendar for today, was put upon its passage:

HB 481. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of the 'Georgia Public Revenue Code,' so as to provide for service of notices of assessments and notices of proposed assess ments by first-class mail to the address shown on the records of the department.
Senate Sponsor: Senator Turner of the 8th.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 2"0 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:

February 7, 1989

SUBJECT: Fiscal Note--House Bill 481 (LC 14 5179ER) Tax Assessments: Written Notices

This bill would allow the Department of Revenue to send a written notice of (tax or license fee) assessment by first-class mail to the last known address of a taxpayer. Current provisions require the use of registered or certified mail if the total assessment amount is greater than $600 and under certain other conditions. The bill would also provide that a notice is sufficiently served when it is sent to the last known address of a taxpayer, even

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when such notice is returned through the mail. If enacted, this bill would become effective upon the Governor's approval or upon becoming law without such approval and would apply to notices mailed after January 1, 1989.
This bill would have no fiscal impact on state revenues.

/a/ G. W. Hogan State Auditor

/a/ C. T. Stevens, Director Office of Planning and Budget

Senator Dawkins of the 45th offered the following amendment:

Amend HB 481 by striking from line 27 of page 1 the following:
I'^^liit'Cf6U Or Ccr tilled ,
and inserting in lieu thereof the following: "registered or certified or". By striking from line 9 of page 2 the following:

and inserting in lieu thereof the following:
"registered or certified or".
By striking all matter on lines 23 through 34 of page 2 and inserting in lieu thereof the following:
"(c) If no return receipt is on file or if notice is returned through the mail, the notice shall be by personal service; except that, if the notice mailed by registered, certified, or firstclass mail, as provided in this Code section, is returned through the mail as 'refused' or 'unclaimed,' the notice shall be sufficiently served.' "

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols

English Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

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Those voting in the negative were Senators:

Engram

Newbill

Ragan of 32nd

Those not voting were Senators:

Brannon Edge

Kennedy (presiding) Langford

Shumake

On the passage of the bill, the yeas were 48, nays 3.

The bill, having received the requisite constitutional majority, was passed as amended.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 535. By Representative Pettit of the 19th:
A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, the "Georgia Fire Sprinkler Act," so as to change provisions relating to the regu lation of fire sprinklers; to redefine certain terms used in said chapter; to require proof of liability insurance prior to issuance of a certificate of competency; to authorize the Georgia Fire Safety Commissioner to impose certain civil monetary penalties.
Senate Sponsor: Senator Parker of the 15th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Bowen B/0""
p,urton pCo,lyeman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster
Fuller Garner Gillis
Hammill Howa.rd Hu^ins Johnson Kidd Land McKenzie Newbill Olmstead

Parker Peevy Perry Pollard
Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th
Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Brannon Harris Kennedy (presiding)

Langford Phillips

Shumake Timmons

On the passage of the bill, the yeas were 49, nays 0.

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(b) All returns on investment shall be retained by the fund. The funds of the Selfinsurers Guaranty Trust Fund shall be for the purposes of compensating employees who are eligible to receive workers' compensation benefits from their employers pursuant to the pro visions of this chapter when, pursuant to this Code section, the board has determined that compensation benefits due are unpaid or interrupted due to the financial inability of a par ticipant to meet its compensation obligations. Moneys in the fund may be used to compen sate any type of injury or occupational disease or death which is compensable under this chapter against a participant, and all claims for related administrative fees, operating costs of the board of trustees, attorneys' fees, and other costs reasonably incurred by the board of trustees. Payment from the Self-insurers Guaranty Trust Fund shall be made in accordance with this chapter.
34-9-383. (a) Each member of the board of trustees shall be an employee of a partici pant and shall consist of a chairman and six other trustees elected by the participants. The board of trustees shall initially be appointed by the Governor within 30 days of the effective date of this article. Three of the trustees shall be appointed for two-year terms ending Janu ary 1, 1992, and the chairman and three remaining trustees shall be appointed for four-year terms ending January 1, 1994. Thereafter, each trustee and chairman shall be elected to a four-year term and shall continue to serve until his successor is elected. No later than 90 days prior to the end of any member's term of office, the chairman shall select a nominating committee from among the participants to select candidates for election for the following term.
(b) A vacancy in the office of any elected member of the board of trustees shall occur upon his resignation, death, conviction of a felony, or when his employer no longer qualifies as a self-insured participant. The board of trustees may remove any member from office on a formal finding of incompetence, neglect of duty, or malfeasance in office. Within 30 days after the office of any elected member becomes vacant for any reason, the board of trustees shall fill that vacancy for the unexpired term.
34-9-384. The board of trustees shall possess all powers necessary and convenient to accomplish the objects prescribed by this article, including, but not limited to, the following:
(1) Within 60 days of its appointment, the board of trustees must make and submit to the board for approval such bylaws, rules, regulations, and resolutions as are necessary to carry out its responsibilities. The board of trustees may carry out its responsibilities directly or by contract or other instrument and may purchase such services, borrow money, purchase excess insurance, and collect such funds as it deems necessary to effectuate its activities and protect the members of the board of trustees and its employees. The board of trustees shall appoint, retain, and employ such persons as it deems necessary to achieve the purposes of the board of trustees. All expenses incurred pursuant to this provision shall be paid from the fund.
(2) The board of trustees shall meet no less than quarterly and shall meet at other times upon the call of the chairman, issued to the trustees in writing no less than 48 hours prior to the day and hour of the meeting, or upon a request for a meeting presented in writing to the chairman no less than 72 hours prior to the proposed day and hour of the meeting and signed by at least a majority of the trustees, whereupon the chairman shall provide notice issued in writing to the trustees no less than 48 hours prior to the meeting and shall convene the meeting at the time and place stated in the request.
(3) Four trustees shall constitute a quorum to transact business at any meeting, and the affirmative vote of four trustees shall be necessary for any action taken by the board of trustees. No vacancy shall otherwise impair the rights of the remaining trustees to exercise all of the powers of the board of trustees.
(4) The board of trustees shall serve without compensation, but each member shall be entitled to be reimbursed for necessary and actual expenses incurred in the discharge of his official duties.
(5) The board of trustees shall have the right to bring and defend actions only in the

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name of the fund. Neither the trustees nor their employers shall be liable individually for matters arising from or out of the conduct of the affairs of the fund.
34-9-385. (a) Any participant who files for relief under the federal Bankruptcy Act or against whom bankruptcy proceedings are filed or for whom a receiver is appointed shall file written notice of such fact with the board and the board of trustees within 30 days of the occurrence of such event.
(b) Any person who files an application for adjustment of a claim against a participant who has filed for relief under the federal Bankruptcy Act or against whom bankruptcy pro ceedings have been filed or for whom a receiver has been appointed must file a written notice of such fact with the board and the board of trustees within 30 days of the occurrence of such event.
(c) Upon receipt of any notice as provided in subsection (a) or (b) of this Code section, the board shall determine whether the participant is insolvent according to procedures es tablished by the board of trustees and approved by the board. Such determination shall be made within a reasonable time after the date the board and board of trustees receive notifi cation as provided in subsection (a) or (b) or this Code section.
(d) When a participant is determined to be an insolvent self-insurer, the board of trust ees is empowered to and shall assume on behalf of the participant its outstanding workers' compensation obligations and shall take all steps necessary to collect, recover, and enforce all outstanding securities, indemnity, insurance, or bonds furnished by such participant guaranteeing the payment of compensation provided in this chapter for the purpose of pay ing outstanding obligations of the participant. The board shall convert and deposit into the fund such securities and any amounts received under agreements of surety, guaranty, insur ance, or otherwise on behalf of the participant. Any amounts remaining from such securities, indemnity, insurance, bonds, guaranties, and sureties, following payment of all compensa tion costs and related administrative fees of the board of trustees including attorneys' fees, and following exhaustion of all amounts assessed and received pursuant to subsections (a) and (b) of Code Section 34-9-121 and any applicable rule of the board shall be refunded by the fund as directed by the board of trustees, subject to the approval of the board to the original holder one year thereafter, provided no outstanding liabilities remain against the fund.
(e) (1) Any participant which may become subject to any of the proceedings set forth in subsection (a) above shall file written notice of such fact with the board and the board of trustees within 30 days of the occurrence of such event. Upon receipt of notice by the board and the board of trustees from the participant, or upon receipt of a notice from any person who has filed an application for adjustment of a claim against a participant which raises a reasonable question with respect to that participant's financial ability to pay its compensa tion obligations as they become due under this chapter, the board shall determine the abil ity of that participant to pay compensation under this chapter by means of a hearing before an administrative law judge appointed by the board. Such hearing will be held within a reasonable time after the date that the board receives notification of financial inability to pay benefits and shall be conducted pursuant to the provisions of Code Sections 34-9-102 and 34-9-103 and any other criteria that may be established by the board.
(2) The bondholder shall provide written notification to the board and the board of trustees within the 30 day period set forth in paragraph (1) of this subsection that it is able and willing to disburse its funds pursuant to the provisions of this chapter. Should said notice not be given, the bondholder shall immediately deliver all such securities, guaranties, excess insurance, indemnity, or bonds it holds to the board of trustees; otherwise, the board of trustees shall take all action necessary on behalf of the board pursuant to this Code section to collect or recover all such securities, guaranties, excess insurance, indemnities, or bonds.
(f) The board of trustees shall be a party in interest in all proceedings involving com pensation claims against a participant whose compensation obligations have been paid or

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assumed by the board of trustees and shall have all rights of subrogation of the participant. In such proceedings the board of trustees shall assume and may exercise all rights and de fenses of the participant, including, but not limited to:
(1) The right to appear, defend, and appeal claims;
(2) The right to receive notice of, investigate, adjust, compromise, settle, and pay claims; and
(3) The right to investigate, handle, and deny claims.
(g) In any proceeding in bankruptcy in which the payment of benefits has been stayed, the board of trustees, through a designated representative, shall appear and move to lift the stay so that the orderly administration of claims can proceed.
(h) The board of trustees shall notify all employees who have claims for workers' com pensation benefits pending against a participant which is subject to the provisions of this chapter of the name, address, and telephone number of the party administering and defend ing their claim.
34-9-386. (a) (1) The board of trustees shall, commencing at the beginning of the first calendar year following the effective date of this article, assess each participant a pro rata share of the funding reasonably necessary to reach and maintain a funded level of $3 mil lion. Upon reaching the funded level of $3 million, all assessments shall cease with the ex ception of assessments provided for in subsection (c) of this Code section.
(2) In the event the funded level is reduced below $2 million as the result of payment of claims, the administration of those claims and costs of administering this fund, the board of trustees will reinitiate assessments of the participants at a level sufficient to bring the funded level to $3 million.
(3) Assessment for each participant in the first calendar year of participant shall be $4,000.00.
(4) After the first calendar year of participation the assessment of each participant shall be made on the basis of a percentage of the total of indemnity benefits paid by each partici pant during the previous calendar year. In no event shall a participant be assessed under this Code section at one time in excess of 1.5 percent of the indemnity benefits paid by that participant during the previous calendar year with exception of the first year assessment of $4,000.00 nor shall total assessments in any calendar year against any one participant ex ceed $4,000.00.
(5) Funds obtained by such assessments shall be used only for the purposes set forth in this article and shall be deposited upon receipt by the board of trustees into the fund. If payment of any assessment made under this subsection is not made within 30 days of the sending of the notice to the participant, the board of trustees shall proceed in court for judgment against the participant, including the amount of the assessment, the costs of suit, interest, and reasonable attorneys' fees.
(b) (1) The fund shall be liable for claims arising out of injuries occurring after January 1, 1990; provided, however, no claim may be asserted against the fund until the funding level has reached $1.5 million.
(2) All participants shall be required to maintain surety bonds or other acceptable forms of security in the amount of no less than $100,000.00 until the board, after consulta tion with the board of trustees, has determined that the financial capability of the trust fund and the participant no longer warrants any form of security.
(c) A participant who ceases to be a self-insurer shall be liable for any and all assess ments made pursuant to this Code section as long as indemnity compensation is paid during the prior year on claims originating when the participant was a self-insurer. Assessments of such a participant shall be based on the indemnity benefits paid by the participant during the last calendar year of self-insurance.

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1275

(d) Upon refusal to pay assessments to the fund when due, the fund may treat the selfinsurer as being in noncompliance with this chapter and the self-insurer shall be subject to revocation of its board authorization to self-insure.
34-9-387. (a) The board of trustees shall have the right and obligation to obtain reim bursement from any participant for compensation obligations in the amount of the partici pant's compensation obligations assumed by the board of trustees and paid from the fund by the board of trustees as directed by the board, including, but not limited to, claims for all benefits and reasonable administrative and legal costs. The amount of the claims for reim bursement of reasonable administrative and legal costs shall be subject to the approval of the board of trustees.
(b) The board of trustees shall have the right and obligation to obtain from the security deposit of any participant, its excess insurance carrier, and from any other guarantor the amount of the participant's workers' compensation obligation assumed by the board of trustees and paid from the fund by the board of trustees as directed by the board, including reasonable administrative and legal costs. The amount of the claims for reimbursement of reasonable administrative and legal costs shall be subject to the approval of the board of trustees.
(c) The board of trustees shall be a party in interest in any action or proceeding to obtain the security deposit of a participant for the payment of its compensation obligations, and in any action or proceeding under the participant's excess insurance policy, and in any other action or proceeding to enforce an agreement of any security deposit, excess insurance carrier, and from any other guarantor to satisfy such obligations.
34-9-388. (a) It shall be the duty of the board to report to the board of trustees when the board has reasonable cause to believe that any participant examined or being examined may be in danger of insolvency.
(b) The board shall, at the inception of a participant's self-insured status and at least annually thereafter, so long as the participant remains self-insured, furnish the board of trustees with a copy of each participant's acceptable financial information, three to five years of loss history, name of person or company to administer claims and any other perti nent information submitted to the board to authenticate the participant's self-insured sta tus. The board of trustees may contract for the services of a qualified certified public ac countant or firm to review, analyze, and make recommendations on these documents. All financial information submitted by a participant shall be considered confidential and not public information.
(c) The board of trustees shall make reports and recommendations to the board upon any matter germane to the solvency, liquidation, rehabilitation, or conservation of any par ticipant. The board of trustees shall examine the same documents as required in subsection (b) of this Code section. Such reports and recommendations shall not be considered public documents.
(d) The board of trustees shall have the authority to review all applications for selfinsurance and make recommendations to the board concerning the acceptance of the pro spective self-insurer. If the board rejects in part or in whole the recommendations of the board of trustees, the board shall give written notice to the board of trustees ten days prior to accepting the application for self-insurance.
34-9-389. The State of Georgia shall not be responsible for any debts incurred as a result of the operation or administration of this fund."
Section 2. This Act shall become effective on July 1, 1989.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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Senators Dawkins of the 45th and Edge of the 28th offered the following substitute to SB 60:
A BILL
To be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to redefine what shall be considered an injury or personal injury; to provide for the appointment of directors emeritus of the board; to change the eligibility requirements for the position of director emeritus of the board; to provide for the compensation of the chairman and members of the State Board of Workers' Compensation and administrative law judges; to change the compensation of directors emer itus of the board; to provide for the board to give notice to injured employees of rehabilita tion benefits; to provide the time limit for application for a modification of a prior final decision of the board; to revise provisions regarding the assessment of the need for voca tional rehabilitation and the appointment of a vocational rehabilitation supplier; to provide for the assessment of penalties and the award of attorney's fees under certain conditions; to provide for the filing by rehabilitation suppliers of forms required by the board; to provide requirements for rehabilitation suppliers; to provide for the authority of the board to revoke the registration of a rehabilitation supplier or take other corrective action; to provide for rehabilitation in cases involving catastrophic injuries; to provide for the selection of a physi cian if no panel of physicians is maintained by the employer; to provide for the designation of a physician chosen by the employee as the authorized treating physician; to provide for the selection of a physician by the employee in cases where a claim initially controverted is later accepted or determined to be compensable; to provide for the assessment of adminis trative costs of certain hearings; to change the due date of the first payment of income benefits; to revise provisions regarding the payment of compensation for total disability and the amount of compensation payable for total disability; to provide for the reduction of certain workers' compensation benefits by the amount of other benefits payable during a period of disability; to create and establish the Self-insurers Guaranty Trust Fund; to pro vide for legislative intent; to define certain terms; to provide for the purposes and invest ments of the fund; to provide for the appointment of the board of trustees of the fund and the terms of office, method of filling vacancies, removal, powers, and compensation of the board of trustees; to provide for a chairman; to provide for matters relative to the conduct of business of the board; to provide for procedures and conditions for the payment of mon eys from the funds; to provide for assessments of participants; to provide for reimburse ments; to provide for other matters relative to the operation of the fund; to provide for review of self-insurers; to provide that the state shall not be responsible for any debt or obligation incurred by the fund; to amend Code Section 45-7-4 of the Official Code of Geor gia Annotated, relating to the annual salaries of certain state officials, so as to delete refer ences to the compensation of the chairman and members of the State Board of Workers' Compensation; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA
Section 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking paragraph (4) of Code Section 34-9-1, relat ing to definitions, and inserting in its place a new paragraph (4) to read as follows:
"(4) 'Injury' or 'personal injury' means only injury by accident arising out of and in the course of the employment and shall not, except as otherwise provided in this chapter, in clude a disease in any form except where it results naturally and unavoidably from the accident. 'Injury' and 'personal injury' shall not include injury caused by the willful act of a third person directed against an employee for reasons personal to such employee, nor shall 'injury' and 'personal injury' include heart disease, heart attack, the failure or occlusion of any of the coronary blood vessels, or thrombosis unless it is shown by a preponderance of competent and credible evidence that any of such conditions were attributable to the per formance of the usual work of employment. Alcoholism or disabilities attributable thereto shall not be deemed to be 'injury' or 'personal injury' by accident arising out of and in the

MONDAY, FEBRUARY 27, 1989

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course of the employment. Drug addiction or disabilities resulting therefrom shall not be deemed to be 'injury' or 'personal injury' by accident arising out of and in the course of employment except when such addiction was caused by the use of drugs or medicines pre scribed for the treatment of the initial injury by an authorized physician."
Section 2. Said chapter is further amended by striking Code Section 34-9-53, relating to the position of director emeritus of the board, and inserting in its place a new Code Section 34-9-53 to read as follows:
"34-9-53. There is created the office of director emeritus of the board. Any director of the board now or hereafter in office shall be eligible for appointment as director emeritus, provided that such member of the board has reached the age of 65 years and has also at tained ten consecutive years of service in the capacity of chairman or director. The Gover nor may appoint to the position of director emeritus anyone eligible under this Code section who shall advise the Governor in writing that he desires to resign from the office of director of the board and accept appointment as director emeritus of the board, stating in such notice the date upon which the resignation as director and appointment as director emeritus shall become effective; and upon such notice the Governor may make such appointment effective upon the date requested, and the resignation as director of the board shall be auto matically effective as of the same date as the appointment as director emeritus."
Section 3. Said chapter is further amended by striking Code Section 34-9-52, relating to officials, personnel, and employees subject to the state merit system and the compensation of members of the board, and inserting in its place a new Code Section 34-9-52 to read as follows:
"34-9-52. (a) All members of the board, including the chairman thereof, shall be in the unclassified service, as defined in Code Section 45-20-2, and shall not be subject to the laws and rules and regulations of the state merit system. The salaries of all members of the board, including the chairman thereof, shall be as provided in this Code section. Effective July 1, 1989, the chairman and each member of the board shall receive an annual salary which is equal to 90 percent of the annual salary provided in Code Section 45-7-4 for each Judge of the Court of Appeals.
(b) All other officials, personnel, and employees of the board are placed under the state merit system and shall be subject to the laws, rules, and regulations relative to that system; provided, however, that such laws, rules, and regulations shall not apply to the administra tive law judges, whose method of appointment, removal, and terms of office shall remain as now provided by law and whose compensation shall be as provided in subsection (c) of this Code section.
(c) Each administrative law judge shall receive an annual salary which is not less than 95 percent of the annual salary provided in Code Section 45-7-4 for each superior court judge."
Section 4. Said chapter is further amended by striking Code Section 34-9-54, relating to the term of office and compensation of directors emeritus of the board, and inserting in its place a new Code Section 34-9-54 to read as follows:
"34-9-54. All persons appointed to the office of director emeritus of the board, as pro vided and created by Code Section 34-9-53, shall hold such office for life. A director emeri tus shall receive an annual salary in an amount equal to two-thirds of the annual salary provided by law for a director of the board, such salary to be paid to such director emeritus by the board in monthly or semimonthly installments out of the funds provided by law for the operation of the board."
Section 5. Said chapter is further amended by striking Code Section 34-9-81.1, relating to the board's duty to provide injured workers with notice of rights, benefits, and obliga tions, and inserting in its place a new Code Section 34-9-81.1 to read as follows:
"34-9-81.1. Upon receipt of notice of injury from the employer, as provided in subsec tion (a) of Code Section 34-9-12, or any other indication of compensable injury, the board

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shall as soon as practicable, provide the injured worker with notice of his or her rights, benefits, including rehabilitation benefits, and obligations under this chapter together with a brief explanation of the operation of such chapter."
Section 6. Said chapter is further amended by striking subsection (b) of Code Section 34-9-104, relating to the modification of an award or order contained in a prior decision of the board in the event of a change in condition, and inserting in its place a new subsection (b) to read as follows:
"(b) Modification of prior final decision. The board on its own motion may propose or any party may apply under this Code section for another decision because of a change in condition ending, decreasing, increasing, or authorizing the recovery of income benefits awarded or ordered in the prior final decision, provided that the prior decision of the board was not based on a settlement; and provided, further, that at the time of application not more than two years have elapsed since the date of the last payment of income benefits; provided, however, that when the prior decision of the board was not based upon a settle ment, the employee may request a hearing because of a change in condition beyond the twoyear period for the sole purpose of seeking permanent partial disability benefits resulting from the injury. Payment of such permanent partial disability benefits beyond the two-year period shall not entitle the employee to seek other benefits otherwise prohibited by the lapse of the two-year period. If, at the time of application, the foregoing requirements have been met but the prior decision is then on appeal to the courts, the entering of a decision on the application shall be deferred pending final ruling of the courts."
Section 7. Said chapter is further amended by striking Code Section 34-9-200.1, relating to rehabilitation benefits, the effect of an employee's refusal of treatment, and rehabilitation suppliers, and inserting in its place a new Code Section 34-9-200.1 to read as follows:
"34-9-200.1. (a) The employer shall furnish the employee entitled to benefits under this chapter compensation for costs of such rehabilitation benefits which in the judgment of the State Board of Workers' Compensation shall be reasonably required and appear likely to restore the employee to suitable employment. The costs of rehabilitation for the employee's restoration to suitable employment while away from the employee's home shall include the reasonable costs of his board, lodging, and travel. The period for rehabilitation shall not exceed 26 weeks unless in the judgment of the board an extension of said period is required and appears likely to restore the employee to suitable employment. The board may require recommendations from a panel of specialists appointed by the board in determining whether or not the extension of the 26 week period is justified.
(b) The employer, its insurer, or the injured employee may assess the need for rehabili tation and may make a written request to the board for the appointment of a rehabilitation supplier. If, in the judgment of the board, rehabilitation is necessary to restore the employee to suitable employment, the board shall notify the employer and its insurer to appoint a rehabilitation supplier. If any party objects to the appointment of a rehabilitation supplier, the failure to appoint a rehabilitation supplier, or the failure to appoint a particular rehabil itation supplier, the board by rule shall establish a procedure to resolve the objection. If the parties fail to resolve the objection through the board's procedure, then the board shall appoint a rehabilitation supplier. The board may appoint such supplier at the expense of the employer or its insurer and the board may, in its discretion, assess penalties against the employer or its insurer and may award reasonable attorney's fees to the injured employee. Nothing in this chapter shall preclude the employer, insurer, or employee from petitioning the board at any time for the appointment of a rehabilitation supplier for rehabilitation.
(c) Upon request of an employee or an employer, the board may, in its judgment, after giving notice in writing of the request to all interested parties and allowing any interested party ten days from the date of said notice to file in writing its objections to the request, order additional rehabilitation benefits in excess of 26 weeks; and, in such case, the expenses shall be borne by the employer upon the same terms and conditions as provided in subsec tion (a) of this Code section.

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(d) The refusal of the employee without reasonable cause to accept rehabilitation shall entitle the board in its discretion to suspend or reduce the compensation otherwise payable to such employee unless, in the opinion of the board, the circumstances justify the refusal, as determined in the manner provided under Code Section 34-9-100. The board may require recommendations from a panel of specialists in determining whether or not suspension or reduction of compensation is justified.
(e) All rehabilitation suppliers shall file with the board all forms required by the board. The board may require recommendations from a panel of appropriate peers of the rehabili tation supplier in determining whether the fees submitted and necessity of services rendered were reasonable. The recommendations of the panel of appropriate peers shall be evidence of the reasonableness of fees and necessity of service which the board may consider.
(f) Failure of the employee's attorney to cooperate with the rehabilitation supplier may result in the suspension or reduction of the fees provided in Code Section 34-9-108 if, in the judgment of the board, the failure to cooperate hindered the restoration of the employee to suitable employment.
(g) Any rehabilitation supplier shall hold one of the following certifications or licenses:
(1) Certified Rehabilitation Counselor (CRC):
(2) Certified Insurance Rehabilitation Specialist (CIRS);
(3) Certified Rehabilitation Registered Nurse (CRRN);
(4) Work Adjustment and Vocational Evaluation Specialist (WAVES); or
(5) Licensed Professional Counselor (LPC) and shall be registered with the State Board of Workers' Compensation. The board shall have the authority to refuse to register an appli cant as a rehabilitation supplier, to remove a rehabilitation supplier from a case, to require corrective actions of a rehabilitation supplier, or to suspend or revoke the board registration of a rehabilitation supplier for failure to comply with this chapter, the rules and regulations of the board, or the standards of ethics of the applicable licensing or certifying body. Revo cation of board registration shall be determined in a hearing before an administrative law judge and an adverse decision may be appealed as provided in Code Section 34-9-100."
Section 8. Said chapter is further amended by adding immediately following Code Sec tion 34-9-200.1, relating to rehabilitation benefits, the effect of an employee's refusal of treatment, and rehabilitation suppliers, a new Code section, to be designated Code Section 34-9-200.2, to read as follows:
"34-9-200.2. In the event an injured employee has injuries which in the judgment of the board are catastrophic in nature, the employer or insurer shall appoint a rehabilitation sup plier within 48 hours of notification of the injury. The rehabilitation supplier appointed to a catastrophic case shall have the expertise which, in the judgment of the board, is necessary to provide rehabilitation services in such case."
Section 9. Said chapter is further amended by striking subsection (e) of Code Section 34-9-201, relating to the selection of a physician from a panel of physicians and a change of physician or treatment, and inserting new subsections (e) and (f) to read as follows:
"(e) If the employer fails to maintain the panel of physicians or to permit an employee to make a choice of a physician from the panel, an employee may select any physician to render service at the expense of the employer; provided, however, that a physician selected by the employee pursuant to this subsection shall be designated as the authorized treating physician and the employee may not seek treatment at the expense of the employer from another physician, except a physician to which the employee was referred by such author ized treating physician, without the agreement of the employer or by order of the board.
(f) If any claim under the provisions of this chapter controverted by the employer is later accepted or finally determined to be compensable, on or after either the date the em ployee receives notice of acceptance or the date on which determination of compensability

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becomes final, the employee must select a physician as provided in subsection (e) of this Code section in order for the charges for medical services to be paid by the employer."
Section 10. Said chapter is further amended by adding at the end of Code Section 34-9205, relating to the requirement of board approval of physicians' fees, hospital charges, and other charges, a new subsection (c) to read as follows:
"(c) The board may assess the administrative costs of a hearing to determine whether a fee or charge is reasonable or the necessity of services rendered to the party who does not prevail at such hearing."
Section 11. Said chapter is further amended by striking Code Section 34-9-220, relating to the period of incapacity preceding payment of compensation, and inserting in its place a new Code Section 34-9-220 to read as follows:
"34-9-220. No compensation shall be allowed for the first seven calendar days of inca pacity resulting from an injury, including the day of the injury, except the benefits provided for in Code Section 34-9-200; provided, however, that, if an employee is incapacitated for 21 consecutive days following an injury, compensation shall be paid for such first seven calen dar days of incapacity."
Section 12. Said chapter is further amended by striking subsection (b) of Code Section 34-9-221, relating to procedures for payment of income benefits and procedures when pay ment is controverted by the employer, and inserting in its place a new subsection (b) to read as follows:
"(b) The first payment of income benefits shall become due on the twenty-first day after the employer has knowledge of the injury or death, on which day all income benefits then due shall be paid. Thereafter, income benefits shall be paid in weekly installments; provided, however, that the board may, in its discretion, authorize payments to be made in different installments if if determines that this would be beneficial to all parties concerned."
Section 13. Said chapter is further amended by striking Code Section 34-9-261, relating to the payment of compensation for total disability, and inserting in its place a new Code Section 34-9-261 to read as follows:
"34-9-261. (a) Except as provided in subsection (b) of this Code section, while the disa bility to work resulting from an injury is total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $175.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage.
(b) Compensation under this Code section shall be payable for a maximum of 400 weeks except when the permanent physical impairment resulting from the injury is 25 percent or more to the body as a whole, as determined in accordance with the guidelines set forth in the most recent edition of the Guides to the Evaluation of Permanent Impairment pub lished by the American Medical Association, or when as a result of the injury the employee is physically unable to engage in any gainful activity and, in such cases, compensation under this Code section shall be paid only so long as the disability remains total and the perma nent physical impairment to the body as a whole resulting from the compensable injury remains at a level of 25 percent or more or when as a result of the injury the employee remains physically unable to engage in any gainful activity.
(c) Notwithstanding the provisions of subsection (b) of this Code section, if, upon appli cation of the employee, the board determines that at the expiration of 400 weeks of benefits the disability to work resulting from the injury remains total and that the continuation of benefits will prevent extreme hardship, the board may order an extension of benefits for a period not to exceed 52 weeks. Upon subsequent application of the employee, the board may further extend the period during which weekly benefits are paid. Each subsequent extension shall be for a period not to exceed 52 weeks.
(d) With respect to injury or death resulting from an accident occurring on or after July

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1, 1989, the maximum weekly benefit under subsection (a) of this Code section shall be $225.00. With respect to injury or death resulting from an accident, occurring on or after July 1, 1990, the maximum weekly benefit under subsection (a) of this Code section shall be $250.00."
Section 14. Said chapter is further amended by adding immediately following Code Sec tion 34-9-266, relating to the payment of compensation for time loss, disability, or death resulting from hernia, a new Code section, to be designated Code Section 34-9-267, to read as follows:
"34-9-267. (a) Income benefits payable under Code Section 34-9-261 or 34-9-262 shall be reduced by the amount of benefits paid to the employee under Chapter 8 of this title, the 'Employment Security Law,' for the same period of time.
(b) Income benefits payable under Code Section 34-9-261 or 34-9-262 shall be reduced by the net amount, after any statutory withholding, received by an employee as wages, sal ary, disability benefits, or other form of compensation which is paid by the employer as the result of the disability which entitled the employee to income benefits under Code Section 34-9-261 or 34-9-262. This subsection shall not apply to benefits payable pursuant to Code Section 34-9-263. This subsection shall not apply to any wages, salary, disability benefits, or other form of compensation payable during disability if the employee has made any mone tary contribution to the plan providing such benefits. This subsection shall not be construed to affect any policy or plan of disability insurance which provides income benefits which are supplemental to any workers' compensation income benefits."
Section 15. Said chapter is further amended by adding at the end thereof a new article, to be designated Article 10, to read as follows:
"ARTICLE 10
34-9-380. It the the purpose of this article to provide for the continuation of workers' compensation benefits due and unpaid or interrupted due to the insolvency of a self-insured employer by establishing a guaranty trust fund.
34-9-381. As used in this article, the term:
(1) 'Applicant' means an employee entitled to workers' compensation benefits.
(2) 'Board' means the State Board of Workers' Compensation.
(3) 'Board of trustees' means the board of trustees of the fund.
(4) 'Fund' means the Self-insurers Guaranty Trust Fund established by this article.
(5) 'Insolvent self-insurer' means a self-insurer who files for relief under the federal Bankruptcy Act, a self-insurer against whom bankruptcy proceedings are filed, or a selfinsurer for whom a receiver is appointed in a court of this state and is determined to be insolvent by rules and regulations approved by the board.
(6) 'Participant' means a self-insurer who is required to be a member of the fund and exclusive of those entities described in Article 5 of this chapter.
(7) 'Self-insurer' means a private employer that has been authorized to self-insure its payment of workers' compensation benefits pursuant to this chapter.
(8) 'Trustee' means a member of the Self-insurers Guaranty Trust Fund board of trustees.
34-9-382. (a) There is established a Self-insurers Guaranty Trust fund for the sole pur pose of making payments in accordance with this article. The fund shall be administered by an administrator appointed by the board of trustees chairman upon direction by the board of trustees. All moneys in the fund shall be held in trust and shall not be money or property of the state or participants. The board of trustees shall be authorized to invest the moneys of the fund in the same manner as provided by law for investments by government backed securities.

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(b) All returns on investment shall be retained by the fund. The funds of the Selfinsurers Guaranty Trust Fund shall be for the purposes of compensating employees who are eligible to receive workers' compensation benefits from their employers pursuant to the pro visions of this chapter when, pursuant to this Code section, the board has determined that compensation benefits due are unpaid or interrupted due to the financial inability of a par ticipant to meet its compensation obligations. Moneys in the fund may be used to compen sate any type of injury or occupational disease or death which is compensable under this chapter against a participant, and all claims for related administrative fees, operating costs of the board of trustees, attorneys' fees, and other costs reasonably incurred by the board of trustees. Payment from the Self-insurers Guaranty Trust Fund shall be made in accordance with this chapter.
34-9-383. (a) Each member of the board of trustees shall be an employee of a partici pant and shall consist of a chairman and six other trustees elected by the participants. The board of trustees shall initially be appointed by the Governor within 30 days of the effective date of this article. Three of the trustees shall be appointed for two-year terms ending Janu ary 1, 1992, and the chairman and three remaining trustees shall be appointed for four-year terms ending January 1, 1994. Thereafter, each trustee and chairman shall be elected to a four-year term and shall continue to serve until his successor is elected. No later than 90 days prior to the end of any member's term of office, the chairman shall select a nominating committee from among the participants to select candidates for election for the following term.
(b) A vacancy in the office of any elected member of the board of trustees shall occur upon his resignation, death, conviction of a felony, or when his employer no longer qualifies as a self-insured participant. The board of trustees may remove any member from office on a formal finding of incompetence, neglect of duty, or malfeasance in office. Within 30 days after the office of any elected member becomes vacant for any reason, the board of trustees shall fill that vacancy for the unexpired term.
34-9-384. The board of trustees shall possess all powers necessary and convenient to accomplish the objects prescribed by this article, including, but not limited to, the following:
(1) Within 60 days of its appointment, the board of trustees must make and submit to the board for approval such bylaws, rules, regulations, and resolutions as are necessary to carry out its responsibilities. The board of trustees may carry out its responsibilities directly or by contract or other instrument and may purchase such services, borrow money, purchase excess insurance, and collect such funds as it deems necessary to effectuate its activities and protect the members of the board of trustees and its employees. The board of trustees shall appoint, retain, and employ such persons as it deems necessary to achieve the purposes of the board of trustees. All expenses incurred pursuant to this provision shall be paid from the fund.
(2) The board of trustees shall meet no less than quarterly and shall meet at other times upon the call of the chairman, issued to the trustees in writing no less than 48 hours prior to the day and hour of the meeting, or upon a request for a meeting presented in writing to the chairman no less than 72 hours prior to the proposed day and hour of the meeting and signed by at least a majority of the trustees, whereupon the chairman shall provide notice issued in writing to the trustees no less than 48 hours prior to the meeting and shall convene the meeting at the time and place stated in the request.
(3) Four trustees shall constitute a quorum to transact business at any meeting, and the affirmative vote of four trustees shall be necessary for any action taken by the board of trustees. No vacancy shall otherwise impair the rights of the remaining trustees to exercise all of the powers of the board of trustees.
(4) The board of trustees shall serve without compensation, but each member shall be entitled to be reimbursed for necessary and actual expenses incurred in the discharge of his official duties.
(5) The board of trustees shall have the right to bring and defend actions only in the

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name of the fund. Neither the trustees nor their employers shall be liable individually for matters arising from or out of the conduct of the affairs of the fund.
34-9-385. (a) Any participant who files for relief under the federal Bankruptcy Act or against whom bankruptcy proceedings are filed or for whom a receiver is appointed shall file written notice of such fact with the board and the board of trustees within 30 days of the occurrence of such event.
(b) Any person who files an application for adjustment of a claim against a participant who has filed for relief under the federal Bankruptcy Act or against whom bankruptcy pro ceedings have been filed or for whom a receiver has been appointed must file a written notice of such fact with the board and the board of trustees within 30 days of the occurrence of such event.
(c) Upon receipt of any notice as provided in subsection (a) or (b) of this Code section, the board shall determine whether the participant is insolvent according to procedures es tablished by the board of trustees and approved by the board. Such determination shall be made within a reasonable time after the date the board and board of trustees receive notifi cation as provided in subsection (a) or (b) or this Code section.
(d) When a participant is determined to be an insolvent self-insurer, the board of trust ees is empowered to and shall assume on behalf of the participant its outstanding workers' compensation obligations and shall take all steps necessary to collect, recover, and enforce all outstanding securities, indemnity, insurance, or bonds furnished by such participant guaranteeing the payment of compensation provided in this chapter for the purpose of pay ing outstanding obligations of the participant. The board shall convert and deposit into the fund such securities and any amounts received under agreements of surety, guaranty, insur ance, or otherwise on behalf of the participant. Any amounts remaining from such securities, indemnity, insurance, bonds, guaranties, and sureties, following payment of all compensa tion costs and related administrative fees of the board of trustees including attorneys' fees, and following exhaustion of all amounts assessed and received pursuant to subsections (a) and (b) of Code Section 34-9-121 and any applicable rule of the board shall be refunded by the fund as directed by the board of trustees, subject to the approval of the board to the original holder one year thereafter, provided no outstanding liabilities remain against the fund.
(e) (1) Any participant which may become subject to any of the proceedings set forth in subsection (a) above shall file written notice of such fact with the board and the board of trustees within 30 days of the occurrence of such event. Upon receipt of notice by the board and the board of trustees from the participant, or upon receipt of a notice from any person who has filed an application for adjustment of a claim against a participant which raises a reasonable question with respect to that participant's financial ability to pay its compensa tion obligations as they become due under this chapter, the board shall determine the abil ity of that participant to pay compensation under this chapter by means of a hearing before an administrative law judge appointed by the board. Such hearing will be held within a reasonable time after the date that the board receives notification of financial inability to pay benefits and shall be conducted pursuant to the provisions of Code Sections 34-9-102 and 34-9-103 and any other criteria that may be established by the board.
(2) The bondholder shall provide written notification to the board and the board of trustees within the 30 day period set forth in paragraph (1) of this subsection that it is able and willing to disburse its funds pursuant to the provisions of this chapter. Should said notice not be given, the bondholder shall immediately deliver all such securities, guaranties, excess insurance, indemnity, or bonds it holds to the board of trustees; otherwise, the board of trustees shall take all action necessary on behalf of the board pursuant to this Code section to collect or recover all such securities, guaranties, excess insurance, indemnities, or bonds.
(f) The board of trustees shall be a party in interest in all proceedings involving com pensation claims against a participant whose compensation obligations have been paid or

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assumed by the board of trustees and shall have all rights of subrogation of the participant. In such proceedings the board of trustees shall assume and may exercise all rights and de fenses of the participant, including, but not limited to:
(1) The right to appear, defend, and appeal claims:
(2) The right to receive notice of, investigate, adjust, compromise, settle, and pay claims; and
(3) The right to investigate, handle, and deny claims.
(g) In any proceeding in bankruptcy in which the payment of benefits has been stayed, the board of trustees, through a designated representative, shall appear and move to lift the stay so that the orderly administration of claims can proceed.
(h) The board of trustees shall notify all employees who have claims for workers' com pensation benefits pending against a participant which is subject to the provisions of this chapter of the name, address, and telephone number of the party administering and defend ing their claim.
34-9-386. (a) (1) The board of trustees shall, commencing at the beginning of the first calendar year following the effective date of this article, assess each participant a pro rata share of the funding reasonably necessary to reach and maintain a funded level of $3 mil lion. Upon reaching the funded level of $3 million, all assessments shall cease with the ex ception of assessments provided for in subsection (c) of this Code section.
(2) In the event the funded level is reduced below $2 million as the result of payment of claims, the administration of those claims and costs of administering this fund, the board of trustees will reinitiate assessments of the participants at a level sufficient to bring the funded level to $3 million.
(3) Assessment for each participant in the first calendar year of participation shall be $4,000.00.
(4) After the first calendar year of participation the assessment of each participant shall be made on the basis of a percentage of the total of indemnity benefits paid by each partici pant during the previous calendar year. In no event shall a participant be assessed under this Code section at one time in excess of 1.5 percent of the indemnity benefits paid by that participant during the previous calendar year with exception of the first year assessment of $4,000.00 nor shall total assessments in any calendar year against any one participant ex ceed $4,000.00.
(5) Funds obtained by such assessments shall be used only for the purposes set forth in this article and shall be deposited upon receipt by the board of trustees into the fund. If payment of any assessment made under this subsection is not made within 30 days of the sending of the notice to the participant, the board of trustees shall proceed in court for judgment against the participant, including the amount of the assessment, the costs of suit, interest, and reasonable attorneys' fees.
(b) (1) The fund shall be liable for claims arising out of injuries occurring after January 1, 1990; provided, however, no claim may be asserted against the fund until the funding level has reached $1.5 million.
(2) All participants shall be required to maintain surety bonds or other acceptable forms of security in the amount of no less than $100,000.00 until the board, after consulta tion with the board of trustees, has determined that the financial capability of the trust fund and the participant no longer warrants any form of security.
(c) A participant who ceases to be a self-insurer shall be liable for any and all assess ments made pursuant to this Code section as long as indemnity compensation is paid during the prior year on claims originating when the participant was a self-insurer. Assessments of such a participant shall be based on the indemnity benefits paid by the participant during the last calendar year of self-insurance.

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(d) Upon refusal to pay assessments to the fund when due, the fund may treat the selfinsurer as being in noncompliance with this chapter and the self-insurer shall be subject to revocation of its board authorization to self-insure.

34-9-387. (a) The board of trustees shall have the right and obligation to obtain reim bursement from any participant for compensation obligations in the amount of the partici pant's compensation obligations assumed by the board of trustees and paid from the fund by the board of trustees as directed by the board, including, but not limited to, claims for all benefits and reasonable administrative and legal costs. The amount of the claims for reim bursement of reasonable administrative and legal costs shall be subject to the approval of the board of trustees.

(b) The board of trustees shall have the right and obligation to obtain from the security deposit of any participant, its excess insurance carrier, and from any other guarantor the amount of the participant's workers' compensation obligation assumed by the board of trustees and paid from the fund by the board of trustees as directed by the board, including reasonable administrative and legal costs. The amount of the claims for reimbursement of reasonable administrative and legal costs shall be subject to the approval of the board of trustees.

(c) The board of trustees shall be a party in interest in any action or proceeding to obtain the security deposit of a participant for the payment of its compensation obligations, and in any action or proceeding under the participant's excess insurance policy, and in any other action or proceeding to enforce an agreement of any security deposit, excess insurance carrier, and from any other guarantor to satisfy such obligations.

34-9-388. (a) It shall be the duty of the board to report to the board of trustees when the board has reasonable cause to believe that any participant examined or being examined may be in danger of insolvency.

(b) The board shall, at the inception of a participant's self-insured status and at least annually thereafter, so long as the participant remains self-insured, furnish the board of trustees with a copy of each participant's acceptable financial information, three to five years of loss history, name of person or company to administer claims and any other perti nent information submitted to the board to authenticate the participant's self-insured sta tus. The board of trustees may contract for the services of a qualified certified public ac countant or firm to review, analyze, and make recommendations on these documents. All financial information submitted by a participant shall be considered confidential and not public information.

(c) The board of trustees shall make reports and recommendations to the board upon any matter germane to the solvency, liquidation, rehabilitation, or conservation of any par ticipant. The board of trustees shall examine the same documents as required in subsection (b) of this Code section. Such reports and recommendations shall not be considered public documents.

(d) The board of trustees shall have the authority to review all applications for selfinsurance and make recommendations to the board concerning the acceptance of the pro spective self-insurer. If the board rejects in part on in whole the recommendations of the board of trustees, the board shall give written notice to the board of trustees ten days prior to accepting the application for self-insurance.

34-9-389. The State of Georgia shall not be responsible for any debts incurred as a result of the operation or administration of this fund."

Section 16. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to the annual salaries of certain state officials, is amended by striking in their entirety paragraphs (17.1) and (17.2) of subsection (a), which read as follows:

"(17.1) Chairman of the State Board of Workers' Compensation

65,154.00

(17.2) Each member of the State Board of Workers' Compensation other than the chairman .................................................... 64,119.00"

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Section 17. All laws and part of laws in conflict with this Act are repealed.
Senator Tysinger of the 41st offered the following amendment:
Amend the substitute to SB 60 offered by Senators Dawkins of the 45th and Edge of the 28th by striking lines 16 and 17 of page 3 and inserting in lieu thereof the following:
"is shown by a preponderance of medical evidence based upon a reasonable degree of medical and scientific certainty that any of such conditions were attributable."
Senator Tysinger of the 41st offered the following amendment:
Amend the substitute to SB 60 offered by Senators Dawkins of the 45th and Edge of the 28th by striking from line 32 of page 14 the following:
"$225.00",
and inserting in lieu thereof the following:
"$200.00".
By striking from line 2 of page 15 the following:
"$250.00",
and inserting in lieu thereof the following:
"$225.00".
Senator Barnes of the 33rd offered the following substitute to SB 60:
A BILL
To be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change the provisions relating to payment of compensation for total disability and for temporary partial disability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking subsection (b) of Code Section 34-9-261, relating to the payment of compensation for total disability, and inserting in its place a new subsection (b) to read as follows:
"(b) With respect to injury or death resulting from an accident occurring on or after July 1, 1989, the maximum weekly benefit under subsection (a) of this Code section shall be $225.00. With respect to injury or death resulting from an accident occurring on or after July 1, 1990, the maximum weekly benefit under subsection (a) of this Code section shall be $275.00."
Section 2. Said chapter is further amended by striking Code Section 34-9-262, relating to payment of compensation for temporary partial disability, and inserting in its place a new Code Section 34-9-262 to read as follows:
"34-9-262. (a) Except as otherwise provided in Code Section 34-9-263 and in subsection (b) of this Code section, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter, but not more than $117.00 per week for a period not exceeding 350 weeks from the date of injury.
(b) With respect to temporary partial disability resulting from an accident occurring on or after July 1, 1989, the maximum weekly benefit shall be $150.00. With respect to

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1287

rary partial disability resulting from an accident occurring on or after July 1, 1990, the maximum weekly benefit under subsection (a) of this Code section shall be $183.00."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Barker of the 18th moved that SB 60 be committed to the Senate Committee on Industry and Labor.

Senator Dawkins of the 45th moved the previous question.

Senator Garner of the 30th moved that SB 60 be placed on the Table.

On the motion offered by Senator Garner of the 30th, which motion takes precedence, Senator Garner of the 30th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Coleman Collins Deal Dean Echols English Engram Fincher

Foster Fuller Garner Gillis Hammill Harris Kidd Land McKenzie Olmstead Parker Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Turner Walker

Those voting in the negative were Senators:

Broun Clay Dawkins Edge

Howard Johnson Newbill Pollard

Starr Taylor Tysinger

Those not voting were Senators:

Bowen Brannon Burton

Coverdell Huggins Kennedy (presiding)

Langford Shumake

On the motion offered by Senator Garner of the 30th, the yeas were 37, nays 11; the motion prevailed, and SB 60 was placed on the Table.

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 1:38 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Tuesday, February 28, 1989 Thirty-third Legislative Day

The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.

Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.

Senator Deal of the 49th moved that the Senate reconsider its action of February 27 in defeating the following bill of the House:

HB 185. By Representative Randall of the 101st:
A bill to amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, so as to provide that licenses of certain persons shall be returned upon the acceptance of a plea and payment of the imposed fine.

On the motion, Senator Deal of the 49th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Brannon Coleman Deal Echols

Engram Fincher Foster Huggins Kennedy Olmstead

Parker Perry Ragan of 10th Starr Taylor Turner

Those voting in the negative were Senators:

Burton
Clav. Collins Coverdell Edge English

Gillis
Hammill T, Land McKenzie Newbill

Pollard
Ragan of 32nd ,, Ray Tate Tysinger

Those not voting were Senators:

Allgood Baldwin
Dawkins Dean Fuller

Garner Harris Howard Johnson
Kidd Langford Peevy

Phillips Scott of 2nd Scott of 36th Shumake
Stumbaugh Timmons Walker

On the motion, the yeas were 18, nays 16; the motion prevailed, and HB 185 was reconsidered and placed at the foot of the Senate General Calendar.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

TUESDAY, FEBRUARY 28, 1989

1289

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 897. By Representatives Pannell of the 122nd, Hamilton of the 124th, Dixon of the 128th, Johnson of the 123rd and Alien of the 127th: A bill to create the Chatham-Savannah Authority for the Homeless.
HB 918. By Representatives Pettit of the 19th and Childers of the 15th: A bill to authorize the governing authority of Bartow County to implement and to exercise the powers conferred by Code Section 46-5-133 of the Official Code of Georgia Annotated, relating to the authority to require telephone companies to divide maintenance fees for the operation of enhanced emergency telephone number "911" systems among subscribers.
HB 919. By Representatives Pettit of the 19th and Childers of the 15th: A bill to provide for the board of elections of Bartow County.
HB 921. By Representative Pettit of the 19th: A bill to amend an Act creating a new charter for the City of Cartersville, so as to change certain provisions pertaining to the number of city councilmen and school board members; to fix and prescribe terms of office of the mayor, city councilmen, and school board members.
HB 942. By Representatives Connell of the 87th, Padgett of the 86th, Walker of the 85th, Cheeks of the 89th and Ransom of the 90th: A bill creating the Augusta Canal Authority.
HB 944. By Representatives Godbee of the 110th and Lane of the lllth: A bill to revise and consolidate provisions relating to the probate judge, sheriff, clerk of superior court, and tax commissioner of Bulloch County and their offices and personnel therein; to continue without change current provisions relating to the compensation of said officers; to change provisions relating to the compensation of personnel in the offices of said officers.
HB 945. By Representatives Vaughan of the 20th, Howren of the 20th, Thompson of the 20th, Aiken of the 21st, Ehrhart of the 20th and others: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court.
HB 948. By Representative Balkcom of the 140th: A bill to amend an Act incorporating the City of Blakely, so as to change the date of the general municipal election; to provide for council posts; to provide for terms of office of the mayor and councilmembers.
HB 950. By Representative Crosby of the 150th: A bill to amend an Act creating a new charter for the City of Homerville, so as to change the date of the municipal general election; to change the time for

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qualifying for election; to provide for election of councilmembers from posts; to provide for terms of the mayor and councilmembers.
HB 929. By Representative Pettit of the 19th:
A bill to provide for a homestead exemption from all City of Cartersville ad valorem taxes, except ad valorem taxes specifically levied to pay interest on and retire bonded indebtedness, in the amount of $20,000.00 on the homestead of each resident of such city who is 62 years of age or older or totally disabled.
HB 415. By Representatives Crosby of the 150th, Colwell of the 4th, Twiggs of the 4th, Dover of the llth, Coleman of the 118th and others:
A bill to amend Code Section 20-2-292 of the Official Code of Georgia Annotated, relating to sparsity grants under the "Quality Basic Education Act," so as to provide for a continuation of "isolated schools" grants for certain school systems; to provide for matters relative thereto.
HB 272. By Representatives Patten of the 149th, Porter of the 119th and Floyd of the 154th:
A bill to amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal marshlands protection, so as to permit the leasing of state owned marshland and water bottoms to eligible persons as defined, for purposes of construction, operation, and maintenance of marinas providing slips for more than three boats.
HB 324. By Representative Stephens of the 68th:
A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to authorize college and university campus law enforcement agencies to use speed detection devices on roads and streets traversing their campuses; to provide for definitions; to provide for issuance, suspension, and revocation of permits for the use of such devices.
HB 817. By Representatives Kingston of the 125th, Chambless of the 133rd and Hooks of the 116th:
A bill to amend Code Section 31-9-6.1 of the Official Code of Georgia Annotated, relating to informed consent for medical treatment, so as to change the period within which consent must be obtained.
HB 590. By Representatives Thompson of the 20th and Simpson of the 70th:
A bill to amend Code Section 17-6-2 of the Official Code of Georgia Annotated, relating to acceptance of bail in misdemeanor cases generally, so as to provide for the acceptance of chauffeur's or driver's licenses and acknowledgements and agreements relating thereto in lieu of bail in certain misdemeanor cases and provide for conditions and procedures relating thereto.
HB 409. By Representative Birdsong of the 104th:
A bill to amend Article 4 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the right of way between motor vehicles, so as to provide for uniform rules of the road relative to the operation of motor vehicles in a funeral procession; to provide the conditions and exceptions under which funeral processions shall have the right of way and the manner of operating vehicles not a part of a funeral procession.

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HB 600. By Representative Byrd of the 153rd:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, and lowvoltage contractors, so as to define the term "conditioned air subcontractor"; to provide that conditioned air subcontractors are not required to be licensed as conditioned air contractors under certain conditions.
HB 128. By Representative Mueller of the 126th:
A bill to amend Article 23 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to traffic safety, so as to authorize school-crossing guards to direct and regulate the flow of traffic at school crossings or within a reduced speed school zone; to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions of the uniform rules of the road, so as to require obedience to lawful orders or directions of school crossing guards.
HB 895. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th and Alien of the 127th:
A bill to amend Article 5 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to tolling of periods of limitation, so as to provide that the period of limitation for filing an action for medical malpractice shall be tolled under certain circumstances if the injured person is delayed in obtaining medical information from a health care provider.
HB 898. By Representatives Chambless of the 133rd and Thomas of the 69th:
A bill to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages and conveyances to secure debts and liens, so as to provide recording procedures for filing canceled and satisfied debts to secure debt and related instruments; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees in superior court, so as to change certain fees.
HB 724. By Representative Holmes of the 28th:
A bill to amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Employee Benefit Plan Council, so as to change the definition of the term "full-time"; to provide for confidentiality of individual account records.
HB 357. By Representatives Martin of the 26th and Randall of the 101st:
A bill to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, so as to provide that an executor may be given certain powers by application, citation, and order under certain conditions; to provide that the heirs at law, under certain conditions, may authorize the judge of the probate court to waive bond of an administrator and grant certain powers.
SB 75. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System, so as to provide that a member who is reelected to a new term of office at the 1988 general election shall, regardless or age, continue to make employee contributions as long as the member continues to hold office as a superior court judge; to provide an effective date.

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SB 39. By Senators Howard of the 42nd and Starr of the 44th: A bill to amend Code Section 31-12-6 of the Official Code of Georgia Annotated, relating to a system for prevention of mental retardation, so as to include a new disorder which causes mental retardation.
The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
HR 317. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th: A resolution creating the Joint Evidence Study Committee.
SR 39. By Senator Fincher of the 54th: A resolution designating the William A. Ridley Bridge.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 84. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th: A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," so as to change the definition of land-disturbing activity subject to regulation; to remove the state Soil and Water Conservation Commission and soil and water conservation districts from the rule-making process of the Board of Natural Resources.
The House has agreed to the Senate amendments to the following bills of the House:
HB 451. By Representatives Couch of the 36th, Hudson of the 117th, Bargeron of the 108th, Watson of the 114th, Ray of the 98th and others: A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to clarify the authority of the State Board of Ac countancy to contract with third parties to perform administrative services relat ing to examinations.
HB 201. By Representatives Dobbs of the 74th, Lane of the lllth, Porter of the 119th, Crosby of the 150th, Robinson of the 96th and others: A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair trade practices in the transaction of insurance, so as to define certain terms; to require disclosures to insureds; to require identification on nonoriginal equipment manufacturer aftermarket crash parts.
HB 333. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th, Groover of the 99th, Robinson of the 96th and others: A bill to amend Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the "Uniform Partnership Act," so as to change the provisions relating to statements of partnership and amendments thereto; to provide for a conclu sive presumption against a partnership; to change the provisions relating to ap plication of partnership property to satisfy obligations upon rightful dissolution and rights of partners following wrongful dissolution.
HB 334. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th, Groover of the 99th, Robinson of the 96th and others: A bill to amend Chapter 9 of Title 14 of the Official Code of Georgia Annotated, known as the "Georgia Revised Uniform Limited Partnership Act," so as to

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change the provisions relating to names of limited partnerships and reservations of names; to amend Part 3 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration of businesses using trade names; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of clerks of the superior courts.
HB 49. By Representatives Rainey of the 135th, Moody of the 153rd, Holcomb of the 72nd, Meadows of the 91st, McKelvey of the 15th and others:
A bill to amend Code Section 52-7-3 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia Boat Safety Act," so as to define the term "sailboard"; to redefine the term "vessel" so as to exempt sailboards from such definition.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 407. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 20 of the Official Code of Georgia Annotated, relating to education, Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that candidates for certain offices shall file certain affidavits with or make certain affirmations to the officer before whom they qualified to seek office.
HB 265. By Representatives Orrock of the 30th, McDonald of the 12th and Dunn of the 73rd:
A bill to amend Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to the regulation of aeronautics, aircraft, and airports generally, so as to provide that no person may operate any aircraft in this state within eight hours after the consumption of an alcoholic beverage, while under the influence of alcohol, or while using any drug that affects such person's faculties.
HB 229. By Representatives Thomas of the 31st, Pannell of the 122nd, Oliver of the 53rd, Stanley of the 33rd, Orrock of the 30th and others:
A bill to amend Code Section 24-2-3 of the Official Code of Georgia Annotated, relating to the admissibility of certain evidence in a prosecution for rape, so as to change the exceptions to the inadmissibility of certain evidence in a prosecution for rape.
HB 463. By Representatives Hasty of the 8th, Stancil of the 8th, Royal of the 144th, Yeargin of the 14th, Langford of the 7th and others:
A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses, so as to change the conditions for immediate issuance of marriage licenses and to delete certain provisions relating to sanctions for violating certain waiting period requirements.
HB 104. By Representatives Redding of the 50th, Holmes of the 28th, McKinney of the 35th, White of the 132nd and Brooks of the 34th:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the State Merit System of Personnel Administration, so as to provide that the working test period of employment shall not apply to an interdepartmental transfer.

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HB 54. By Representative Alien of the 127th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions, so as to provide that sports officials who officiate athletic contests shall not be liable in civil actions for injuries or damages claimed to have arisen by virtue of actions or inactions related to such officiating within the confines of the athletic facility at which the athletic contest is held.
HB 824. By Representative Mobley of the 64th:
A bill to amend an Act creating and establishing a joint airport authority for the City of Winder and the County of Barrow, so as to change the number and method of selecting members.
The House has disagreed to the Senate amendment to the following bill of the House:
HB 264. By Representatives Rainey of the 135th, Moody of the 153rd, McKelvey of the 15th, Titus of the 143rd and Hudson of the 117th:
A bill to amend Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife, so as to provide that it shall be unlawful to feed alligators or bears except while holding a valid permit or license to possess the animal being fed.
The House has disagreed to the Senate substitutes to the following bills of the House:
HB 225. By Representatives Pannell of the 122nd, Cummings of the 17th, Snow of the 1st and Alien of the 127th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, so as to change the definition of the term "fair market value"; to provide for the fair market value of rehabilitated historic property under certain circumstances; to change the provisions relating to the assessment of tangible property.
HB 269. By Representatives Brown of the 88th, Thurmond of the 67th, Randall of the 101st, Holmes of the 28th, Cheeks of the 89th and Bishop of the 94th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds for public works, and Code Section 36-10-4 of the Official Code of Georgia Annotated, relating to bonds of contractors, so as to provide for the acceptances and giving of letters of credit in lieu of certain bonds.
The House adheres to its position in insisting on its amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 38. By Senators Howard of the 42nd, Johnson of the 47th and Starr of the 44th:
A bill to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions regarding handicapped persons, so as to provide for a definition; to provide for the establishment of the Georgia Service Center for Hearing Impaired Persons and the services to be provided by that center.
The Speaker has appointed on the part of the House, Representatives Selman of the 32nd, Richardson of the 52nd and Childers of the 15th.

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The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 188. By Senator Fincher of the 54th: A resolution commending Ms. Bernice B. Spigel.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 392. By Senator English of the 21st: A bill to provide a new charter for the City of Keysville; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority.
Referred to Committee on Urban and County Affairs.
SB 393. By Senator Gillis of the 20th: A bill to repeal an Act creating and incorporating the City of Charles, in the County of Toombs, so as to abolish the City of Charles.
Referred to Committee on Urban and County Affairs.
SB 394. By Senators Peevy of the 48th and Phillips of the 9th: A bill to provide a county historian for Gwinnett County; to provide that the chief judge of the Superior Court of Gwinnett County shall appoint the county historian; to provide that the county governing authority shall provide for the compensation of such historian; to provide that the county governing authority shall provide adequate funding and office space and personnel as are reasonably necessary for the county historian to carry out his duties.
Referred to Committee on Urban and County Affairs.
SB 395. By Senators Barnes of the 33rd, Clay of the 37th, Ragan of the 32nd and Newbill of the 56th: A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act," as amended, so as to change certain definitions of terms used in such Act; to change the provisions relating to creation of one or more community improvement districts and the practices, procedures, and requirements related thereto.
Referred to Committee on Urban and County Affairs.
SB 396. By Senator Howard of the 42nd: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create a State Board of Electrologists; to provide a short title; to provide legislative findings and intent; to provide definitions; to provide qualifications, terms and membership of the board; to provide for filling of vacancies; to provide powers and duties.
Referred to Committee on Governmental Operations.
SR 198. By Senator Broun of the 46th: A resolution requesting the Board of Regents of the University System of Georgia to consider a program of free tuition for faculty children.
Referred to Committee on Higher Education.

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HB 898. By Representatives Chambless of the 133rd and Thomas of the 69th: A bill to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages and conveyances to secure debts and liens, so as to provide recording procedures for filing canceled and satisfied debts to secure debt and related instruments; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees in superior court, so as to change certain fees.
Referred to Committee on Special Judiciary.
HR 317. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th:
A resolution creating the Joint Evidence Study Committee. Referred to Committee on Judiciary.
HB 897. By Representatives Pannell of the 122nd, Hamilton of the 124th, Dixon of the 128th and others:
A bill to create the Chatham-Savannah Authority for the Homeless. Referred to Committee on Urban and County Affairs.
HB 918. By Representatives Pettit of the 19th and Childers of the 15th: A bill to authorize the governing authority of Bartow County to implement and to exercise the powers conferred by Code Section 46-5-133 of the Official Code of Georgia Annotated, relating to the authority to require telephone companies to divide maintenance fees for the operation of enhanced emergency telephone number "911" systems among subscribers.
Referred to Committee on Urban and County Affairs.
HB 919. By Representatives Pettit of the 19th and Childers of the 15th:
A bill to provide for the board of elections of Bartow County. Referred to Committee on Urban and County Affairs.
HB 921. By Representative Pettit of the 19th:
A bill to amend an Act creating a new charter for the City of Cartersville, so as to change certain provisions pertaining to the number of city councilmen and school board members; to fix and prescribe terms of office of the mayor, city councilmen, and school board members. Referred to Committee on Urban and County Affairs.
HB 942. By Representatives Connell of the 87th, Padgett of the 86th, Cheeks of the 89th, Walker of the 85th and Ransom of the 90th:
A bill creating the Augusta Canal Authority. Referred to Committee on Urban and County Affairs.
HB 944. By Representatives Godbee of the 110th and Lane of the lllth: A bill to revise and consolidate provisions relating to the probate judge, sheriff, clerk of superior court, and tax commissioner of Bulloch County and their offices and personnel therein; to continue without change current provisions relating to the compensation of said officers; to change provisions relating to the compensation of personnel in the offices of said officers.
Referred to Committee on Urban and County Affairs.

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1299

HB 945. By Representatives Vaughan of the 20th, Howren of the 20th, Thompson of the 20th and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court.
Referred to Committee on Urban and County Affairs.

HB 948. By Representative Balkcom of the 140th:
A bill to amend an Act incorporating the City of Blakely, so as to change the date of the general municipal election; to provide for council posts; to provide for terms of office of the mayor and councilmembers.
Referred to Committee on Urban and County Affairs.

HB 950. By Representative Crosby of the 150th:
A bill to amend an Act creating a new charter for the City of Homerville, so as to change the date of the municipal general election; to change the time for qualifying for election; to provide for election of councilmembers from posts; to provide for terms of the mayor and councilmembers.
Referred to Committee on Urban and County Affairs.

HB 929. By Representative Pettit of the 19th:
A bill to provide for a homestead exemption from all City of Cartersville ad valorem taxes, except ad valorem taxes specifically levied to pay interest on and retire bonded indebtedness, in the amount of $20,000.00 on the homestead of each resident of such city who is 62 years of age or older or totally disabled.
Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Appropriations has had under consideration the following bills and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 145. Do pass by substitute.

HR 76. Do not pass.

HB 214. Do pass.

HR 90. Do pass.

HR 16. Do pass.

HR 218. Do pass.

Respectfully submitted,

Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 192. Do pass.

HB 545. Do pass.

HB 495. Do pass.

HB 556. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

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JOURNAL OF THE SENATE

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 159. Do pass.

HB 400. Do pass.

SR 160. Do pass.

HB 725. Do pass.

HB 195. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 69. Do pass by substitute.

HB 503. Do pass.

HB 331. Do pass by substitute.

HB 638. Do pass.

Respectfully submitted,

Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 384. Do pass.

HB 869. Do pass.

HB 827. Do pass.

HB 870. Do pass.

HB 831. Do pass.

HB 871. Do pass.

HB 855. Do pass. HB 856. Do pass.

HB 872. Do pass. HB 874. Do pass.

HB 857. Do pass.

HB 880. Do pass.

HB 858. Do pass.

HB 882. Do pass.

HB 859. Do pass.

HB 884. Do pass.

HB 865. Do pass.

HB 888. Do pass.

HB 866. Do pass.

HB 892. Do pass.

HB 867. Do pass.

HB 893. Do pass.

HB 868. Do pass.

HB 903. Do pass.

Respectfully submitted,

Senator Harris of the 27th District, Chairman

The following bills of the House were read the second time:

HB 70. By Representatives Parham of the 105th, Atkins of the 21st and Parrish of the 109th:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for legislative intent; to require the Department of Medical Assistance to establish a

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Medicaid Prescription Drug Bidding and Rebate Program and provide for conditions, procedures, and requirements relating thereto.
HB 187. By Representative Randall of the 101st:
A bill to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to change the provisions relating to execution hearings on failure of the principal to appear; to change time limits; to provide for filing of a fieri facias; to provide for applicability; to change the provisions relating to conditions not warranting forfeiture of a bond for failure to appear.
HB 375. By Representatives Smith of the 156th, White of the 132nd, Gresham of the 21st and Coleman of the 118th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification, classification, and regulation of professional personnel employed in the public schools of this state, so as to provide an exemption from the requirement of an assessment to demonstrate satisfactory on-the-job performance for certain teachers.
HB 628. By Representatives Mangum of the 57th and Moore of the 139th:
A bill to amend Chapter 11 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Youth Conservation Corps Act"; to amend Code Section 20-2-320 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Program task force; to amend Code Section 49-5-161 of the Official Code of Georgia Annotated, relating to the Commission on Children and Youth, so as to change references to the State Postsecondary Vocational Education to the State Board of Technical and Adult Education.
HB 637. By Representatives Barnett of the 10th, Harris of the 84th and Birdsong of the 104th:
A bill to amend Code Section 48-3-19 of the Official Code of Georgia Annotated, relating to transfer of certain tax executions, so as to change and revise the provisions regarding notification of the individual against whom such an execution has been issued.
HB 702. By Representatives Green of the 106th, Parham of the 105th, Parrish of the 109th and others:
A bill to amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding physicians, osteopaths, and physician's assistants, so as to authorize the Composite State Board of Medical Examiners to require continuing education programs for persons licensed or certified under such chapter.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Baldwin Barker Barnes Bowen Brannon Broun Burton

Clay Coleman Collins Coverdell Dawkins Deal Echols Edge

Engram Fincher Foster Fuller Gillis Hammill Harris Howard

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Huggins Johnson Kennedy
Kldd. McKenrie Newbill Olmstead Parker

Perry Phillips Pollard
Ragan of 10th Ra*an of 32nd Ray Scott of 2nd Shumake

Starr Stumbaugh Tate
Taylor Timmons Turner Tysinger Walker

Those not answering were Senators:

Allgood Dean English

Garner Langford

Peevy Scott of 36th

Senator Ragan of the 32nd introduced the chaplain of the day, Reverend Al Turnell, pastor of the First United Methodist Church, Smyrna, Georgia, who offered scripture reading and prayer.

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Tuesday, February 28, 1989 THIRTY-THIRD LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 384 Kidd, 25th Wilkinson County
To authorize a member of the board of education to serve simultaneously in an elected office of a municipality.

HB 827 Bowen, 13th Turner County
To provide a board of elections for Turner County.

HB 831 Coleman, 1st Scott, 2nd Hammill, 3rd City of Savannah, Chatham County
To amend an Act providing for the determination of the millage rate by the governing authorities of Chatham County, the City of Savannah, all municipalities within Chatham County which levy ad valorem property taxes, and the independent school system of Chatham County and the City of Savannah, so as to provide for additional definitions.

HB 855 Timmons, llth City of Camilla, Mitchell County
To provide that a vacancy in the office of mayor or councilman shall be filled by special election.

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HB 856 Ragan, 10th City of Funston, Colquitt County To change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen.
HB 857 Timmons, llth City of Sale, Mitchell County To change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen.
HB 858 Kennedy, 4th Bulloch County To change the compensation of the judge and solicitor of the State Court of Bulloch County.
HB 859 Hammill, 3rd City of Riceboro, Liberty County To change the provisions relating to the corporate limits of Riceboro.
HB 865 Echols, 6th City of St. Marys, Camden County To change the provisions relating to the filling of vacancies in the office of mayor or any councilmember.
HB 866 Dean, 31st Haralson County To provide authority for the imposition of county law library fees as a part of the court costs in the Magistrate Court of Haralson County.
HB 867 Dean, 31st Polk County To provide authority for the imposition of county law library fees as a part of the court costs in the Magistrate Court of Polk County.
HB 868 Dean, 31st Polk County To create a board of elections and registration for Polk County and provide for its powers and duties.
HB 869 Dawkins, 45th Walton County To provide for the collection of an additional fee for the benefit of the Walton County Law Library on each case filed in the Magistrate Court of Walton County.
HB 870 Johnson, 47th City of Danielsville, Madison County To establish the terms of office of the mayor and councilmen.
HB 871 Johnson, 47th City of Colbert, Madison County To establish the terms of office of the mayor and councilmen.

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HB 872 Johnson, 47th City of Ila, Madison County
To establish the terms of office of the mayor and councilmen.

HB 874 Dawkins, 45th Newton County
To amend an Act known as the "Newton County Water and Sewerage Authority Act", so as to change certain provisions relating to the membership of the Authority.

HB 880 McKenzie, 14th City of Dawson, Terrell County
To change the corporate limits of the City of Dawson.

HB 882 McKenzie, 14th Town of Sasser, Terrell County
To change the provisions relating to the election of the mayor and councilmen.

HB 884 McKenzie, 14th City of Dawson, Terrell County
To change the provisions relating to the election of the mayor and councilmen of the City of Dawson.

HB 888 McKenzie, 14th Town of Bronwood, Terrell County
To provide for the terms of office and date of election of the mayor and members of the city council.

HB 892 Pollard, 24th Oglethorpe County
To create the Oglethorpe County Water Authority.

HB 893 Johnson, 47th Elbert County
To create the Elbert County Richard B. Russell Development Authority.

HB 903 Dawkins, 45th Newton County and Walton County
To change the salary supplement for each superior court judge of the Alcovy Judicial Circuit.

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Barnes Bowen Brannon Broun

Burton Clay Coleman Collins

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1305

Coverdell Dawkins Deal Dean Echols Edge English Engram Fincher Foster Fuller Garner Gillis

Hammill Harris Howard Huggins Johnson Kennedy Kidd Langford Newbill Olmstead Parker Perry Pollard

Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Land McKenzie

Peevy Phillips

Shumake Timmons

On the passage of all the local bills, the yeas were 50, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite constitutional majority, were passed.

SENATE RULES CALENDAR
Tuesday, February 28, 1989
THIRTY-THIRD LEGISLATIVE DAY
SB 208 Certain Unemployed Homeless--program providing shelter, meals (Substitute) (Hum R--38th)
SB 227 Juvenile Intake Workers and Probation Officers--state subsidies (C&Y--38th)
SB 270 Agency Special Meetings--provisions on notices (S Judy--33rd)
SB 271 Legal Advertisements--change rates (S Judy--33rd)
SB 310 Dual Party Phone Relay System for Hearing Impaired--Public Service Commission promote (Substitute) (Pub U--42nd)
SB 320 Emergency Medical Services--appropriate physician direction (Substitute) (Hum R--33rd)
SB 333 Doctor Applying for Hospital Staff Privileges--discrimination provision (Substitute) (Hum R--21st)
SB 342 Special License Plates--commemorating colleges, universities (Amendment) (Trans--38th)
SB 346 State Agency--hearing in contested cases (Gov Op--25th)
SB 351 Financial Disclosure--time of filing (Gov Op--25th) SB 353 Children and Youth Investment Fund--from juvenile traffic fines (C&Y--18th)
SB 355 Children and Youth Overview Committee--create (C&Y--18th) SB 360 Health Care Facility--include traumatic brain injury facility (Substitute) (Hum
R--21st)
SB 361 Resolutions Conveying, Leasing Public Property--requirements (Substitute) (Pub U--41st)
SB 367 Detention Buildings and Facilities Authority Law--provide (Judy--37th)
SB 368 School Disciplinary Proceedings--provisions on open meetings (Substitute) (Judy--49th)

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SB 369 Development Authorities--project include intercollegiate athletic facility (Substitute) (Judy--37th)
SB 371 Juvenile Detention--statement of basic principles (Amendment) (Judy--49th) SB 372 Chief Magistrates--minimum compensation (S Judy--48th) SB 374 Children and Youth--state goals for those at risk (C&Y--18th) SB 382 Children and Youth--designate community innovation zones (C&Y--18th) SB 383 Local Juvenile Justice Services--incentives for increasing (C&Y--18th) SR 148 Permanent Homes for Children in Georgia Program--commend (C&Y--18th) SR 149 Purchase of Services for Juvenile Offenders Program--commend (C&Y--18th) SR 161 Muscogee County Board of Education Study Committee--create (Ed--15th) SR 163 Stone Mountain-Britt Memorial Airport--urge study expansion (Trans--9th) SR 164 Sweetwater Creek State Park--lease of tract of state property (Pub U--30th) SR 165 Senate Ethanol Study Committee--create (Ag--10th) SR 167 Georgia Court Appointed Special Advocates--commend (C&Y--18th) SR 171 Chatham County--exchange of certain state property (Amendment) (Pub
U--1st) SR 175 Sumter County--conveyance of state owned property (Pub U--14th) SR 177 Senate Kenaf Plant Study Committee--create (Ag--21st) SB 280 Parole--certain felons serve one-third of sentence (Judy--42nd)
Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman
Senate Rules Committee
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 208. By Senators Tate of the 38th, Scott of the 36th and Langford of the 35th: A bill to amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "State Housing Trust Fund for the Homeless Act," so as to require the State Housing Trust Fund for the Homeless Commission, in cooperation with the Department of Human Resources and the Department of Community Affairs, to develop and implement a program to provide shelter and meals to certain homeless persons.
The Senate Committee on Human Resources offered the following substitute to SB 208:
A BILL
To be entitled an Act to amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "State Housing Trust Fund for the Homeless Act," so as to require the State Housing Trust Fund for the Homeless Commission, in cooperation with the Department of Human Resources and the Georgia Residential Finance Authority, to develop a homeless housing plan and provide for the contents thereof; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "State Housing Trust Fund for the Homeless Act," is amended by adding at the end thereof a new Code section to read as follows:
"8-3-311. The State Housing Trust Fund for the Homeless Commission, in cooperation

TUESDAY, FEBRUARY 28, 1989

1307

with the Department of Human Resources and the Georgia Residential Finance Authority, shall develop no later than January 1, 1991, a homeless housing plan which shall include specific strategies and goals directed toward the development of programs designed to provide for the opportunity for housing and shelter to every person in this state who is homeless. Development of the homeless housing plan shall broadly address housing needs of homeless persons to include emergency, intermediate, and long-term housing and shelter. Such homeless housing plan shall also include specific strategies and goals for the provision of social services for homeless persons where such social services shall attempt to ameliorate, correct, and redress the debilitating effects of homelessness upon individuals."
Section 2. This Act shall become effective January 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen
Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster
Fuller Gillis Hammill Harris Howard Hu^ins Johnson Kennedy Kidd Land Langford Newbill Olmstead

Parker Perry Phillips Pollard
Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Garner McKenzie

Peevy

Timmons

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 270. By Senator Barnes of the 33rd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the provisions relating to notices of special meetings of agencies; to define the term "agency" as used in the laws relating to inspection of public records.

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill

Olmstead Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Coleman English

Peevy Ray

Timmons Walker

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 271. By Senator Barnes of the 33rd:
A bill to amend Code Section 9-13-143 of the Official Code of Georgia Annotated, relating to rates for legal advertisements, so as to change the rates for legal advertisements.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Deal

Dean Echols Edge English Engram Fincher Foster Fuller Garner Hammill Harris

Howard Huggins Johnson Kennedy Kidd Langford McKenzie Newbill Olmstead Parker Perry

TUESDAY, FEBRUARY 28, 1989

1309

Phillips
PRalglaanrdof, 10t,h Ragan of 32nd Scott of 2nd

Scott of 36th Shumake
Starr Stumbaugh

Tate Taylor
Turner Tysinger

Those voting in the negative were Senators:

Collins Coverdell

Dawkins

Land

Those not voting were Senators:

Coleman Gillis

Peevy Ray

Timmons Walker

On the passage of the bill, the yeas were 46, nays 4.

The bill, having received the requisite constitutional majority, was passed.

SB 310. By Senators Howard of the 42nd and Langford of the 35th:
A bill to amend Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service, so as to authorize the Public Service Commission to establish, administer, and promote a state-wide dual party telephone relay system for the utilization of telecommunication services by hearing impaired persons, speech impaired persons, and persons who are similarly impaired.

The Senate Committee on Public Utilities offered the following substitute to SB 310:

A BILL
To be entitled an Act to amend Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service, so as to require the Public Service Commission to undertake a study of the feasibility of establishing, administering, and promoting a state-wide dual party telephone relay system for the utilization of basic telecommunication services by hearing impaired persons and speech impaired persons; to provide for the contents of such study; to provide that such study shall be provided to the General Assembly not later than December 1, 1989; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service, is amended by adding a new part immediately following Part 1, to be designated Part 1A, to read as follows:
"Part 1A
46-5-30. The commission shall undertake a study of the feasibility of establishing, administering, and promoting a state-wide dual party telephone relay system to provide basic telecommunication services to all citizens of this state who, because of physical impairments, particularly hearing and speech impairments, cannot otherwise communicate over the telephone. Such study shall include a thorough and complete analysis of the state wide need for such a system as well as the projected cost of establishing, administering, and promoting such system. Such report shall be provided to the General Assembly not later than December 1, 1989."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Bowen Brannon
if oun TM Colnns Coverdell Deal Dean Echols Edge English Engram

Fincher Foster Fuller Garner
Gillis Hammill Harris
Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead

Parker Perry Phillips Pollard
Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Coleman Dawkins

Peevy

Shumake

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 320. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, so as to provide for definitions; to provide for a program to ensure appropriate physician direction over the rendering of emergency medical services by certain emergency medical services personnel; to provide for duties and responsibilities of the ambulance service medical director.

The Senate Committee on Human Resources offered the following substitute to SB 320:

A BILL
To be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to define the term "paramedic clinical preceptor"; to provide that while in training preparatory to becoming certified, paramedic trainees may perform any of the functions specified in Code Section 31-11-54 under the direct supervision of an approved paramedic clinical preceptor; to provide for definitions; to provide for a program to ensure appropriate physician direction over the rendering of emergency medical services by certain emergency medical services personnel; to

TUESDAY, FEBRUARY 28, 1989

1311

provide for duties and responsibilities of the ambulance service medical director; to provide for protocols, requirements, standards, and sanctions relating to the service provided; to provide for the duties and responsibilities of base station facilities; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by adding between paragraphs (16) and (17) of Code Section 31-11-2, relating to definitions, a new paragraph (16.1) to read as follows:
"(16.1) 'Paramedic clinical preceptor' means a Georgia certified paramedic with a minimum of two years of emergency medical services experience who meets the standard requirements for paramedic preceptor training as established by the department."
Section 2. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 31-11-54, relating to services which may be rendered by paramedics and paramedic trainees, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) While in training preparatory to becoming certified, paramedic trainees may perform any of the functions specified in this Code section under the direct supervision of a duly licensed physician, a registered nurse, or an approved paramedic clinical preceptor."
Section 3. Said chapter is further amended by adding following Code Section 31-11-60 a new Code Section 31-11-60.1 to read as follows:
"31-11-60.1. (a) As used in this Code section, the term:
(1) 'Ambulance service medical director' means a physician licensed to practice in this state and subject to the approval of the local coordinating entity and the department who has agreed, in writing, to provide medical direction to a specific ambulance service.
(2) 'Base station facility' means any facility responsible for providing direct physician control of emergency medical services.
(3) 'District emergency medical services medical director' means a person who is:
(A) A physician licensed to practice medicine in this state;
(B) Familiar with the design and operation of prehospital emergency services systems;
(C) Experienced in the prehospital emergency care of acutely ill or injured patients; and
(D) Experienced in the administrative processes affecting regional and state prehospital emergency medical services systems.
(4) 'Emergency medical services personnel, means any emergency medical technician, paramedic, cardiac technician, or designated first responder who is certified under this article.
(b) The department and the district emergency medical services medical directors shall develop and implement a program to ensure appropriate physician control over the rendering of emergency medical services by emergency medical services personnel to patients who are not in a hospital, which program shall include but not be limited to the following:
(1) Medical protocols regarding permissible and appropriate emergency medical services which may be rendered by emergency medical services personnel to a patient not in a hospital;
(2) Communication protocols regarding which medical situations require direct voice communication between emergency medical services personnel and a physician or a nurse or a paramedic or a physician's assistant in direct communication with a physician prior to those emergency medical services personnel's rendering specified emergency medical services to a patient not in a hospital;
(3) Record-keeping and accountability requirements for emergency medical services

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JOURNAL OF THE SENATE

personnel and base station facility personnel in order to monitor compliance with this subsection; and
(4) Base station facility standards.
(C) The ambulance service medical director shall serve as the medical authority for the ambulance service, performing liaison activities with the medical community, medical facilities, and governmental agencies. The ambulance service medical director shall be responsible for the provision of medical direction and training for the emergency medical services personnel within the ambulance service for which he is responsible in conformance with acceptable emergency medical practices and procedures. These responsibilities shall include the duties set forth in the department's rules and regulations for ambulance services.
(d) The district emergency medical services medical director shall not override those policies or protocols of the ambulance service medical director if that ambulance service medical director is documenting compliance with the department's rules and regulations for ambulance services.
(e) Every base station facility shall comply with the policies, protocols, requirements, and standards provided for in subsection (b) of this Code section.
(f) All emergency medical services personnel shall comply with appropriate policies, protocols, requirements, and standards of the ambulance service medical director for that service or the policies, protocols, requirements, and standards provided for in subsection (b) of this Code section.
(g) Conduct which would otherwise constitute a violation of subsection (f) of this Code section shall not be such a violation if such conduct was carried out by any emergency medical services personnel pursuant to an order from a physician, the ambulance service medical director for such person, or the protocol of that ambulance service as approved by the ambulance service medical director for such person.
(h) Violation by any base station facility of subsection (e) of this Code section may be grounds for the removal of that base station facility's designation by the department.
(i) Enforcement of subsections (g) and (h) of this Code section shall commence no earlier than 12 months after July 1, 1989."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins

Coverdell Dawkins Deal Dean Echols Edge English Engram Fincher Foster Gillis

Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill

TUESDAY, FEBRUARY 28, 1989

1313

Olmstead Parker p^rd Ragan of 10th Ragan of 32nd

Ray Scott of 2nd Scott of 36th Shumake Starr

Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Coleman
Fuller Garner

Peevy Phillips

Tate Timmons

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 333. By Senators English of the 21st, Albert of the 23rd, Olmstead of the 26th and Kidd of the 25th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide that the governing bodies of certain hospitals, in considering whether to grant staff privileges to licensed medical practitioners, shall not discriminate among qualified applicants on the basis of an applicant's degree.

The Senate Committee on Human Resources offered the following substitute to SB 333:

A BILL
To be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide that the governing bodies of certain hospitals, in considering whether to grant staff privileges to licensed doctors of medicine, doctors of podiatric medicine, doctors of osteopathic medicine, or doctors of dentistry, shall not discriminate among qualified applicants; to provide for reports to the appropriate licensing board of disciplinary actions taken against such medical practitioners; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA;
Section 1. Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by striking subsection (a) of Code Section 31-7-7, relating to the refusal or revocation by a public hospital of staff privileges, and inserting in its place a new subsection (a) to read as follows:
"(a) Whenever any licensed doctor of medicine, doctor of podiatric medicine, doctor of osteopathic medicine, or doctor of dentistry shall make application for permission to treat patients in any hospital owned or operated by the state, any political subdivision thereof, or any municipality, the hospital shall act in a nondiscriminatory manner upon such application expeditiously and without unnecessary delay considering the applicant on the basis of the applicant's demonstrated training, experience, and competence; but in no event shall final action thereon be taken later than 90 days following receipt of the application; provided, however, whenever the applicant is licensed by any governmental entity outside the continental limits of the United States, the hospital shall have 120 days to take action following receipt of the application. This subsection shall apply solely to applications by licensed doctors of medicine, doctors of podiatric medicine, doctors of osteopathic medicine, or doctors of dentistry who are not members of the staff of the hospital in which privileges are sought at the time an application is submitted and by those not privileged, at such time, to practice in such hospital under a previous grant of privileges."

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JOURNAL OF THE SENATE

Section 2. Said article is further amended by striking Code Section 31-7-8, relating to reports of disciplinary actions against persons authorized to practice medicine, and inserting in its place a new Code Section 31-7-8 to read as follows:
"31-7-8. (a) The hospital administrator or chief executive officer of each institution subject to this chapter shall submit a written report to the appropriate licensing board when a person who is authorized to practice medicine, osteopathy, podiatry, or dentistry in this state under Chapter 34, Chapter 35, or Chapter 11, respectively, of Title 43 and who is a member of the medical staff at the institution, has medical staff privileges at the institution, or has applied for medical staff privileges at the institution has his medical staff privileges denied, restricted, or revoked for any reason involving the medical care given his patient. Each such administrator or officer shall also report to the appropriate licensing board resignations from practice in that institution by persons licensed under Chapter 34, Chapter 35, or Chapter 11 of Title 43. This Code section shall not require reports of temporary suspensions for failure to comply with medical record regulations.
(b) The written report required by subsection (a) of this Code section shall be made within 20 working days following final action by the institution on the restriction, denial, or revocation of medical staff privileges. The results of any legal appeal of such action shall be reported within 20 working days following a final court decision on such appeal.
(c) The report required by this Code section shall contain a statement detailing the nature of the restriction, denial, or revocation of medical staff privileges, the date such action was taken, and the reasons for such action. If the action is a voluntary resignation or restriction of medical staff privileges which was the result of action initiated by the institution, the report shall contain the circumstances involved therein.
(d) There shall be no civil or criminal liability on the part of, and no cause of action for damages shall arise against, any hospital administrator, chief executive officer, or other authorized person who in good faith complies with this Code section.
(e) Except as provided in this subsection, information contained in any report made to the appropriate licensing board pursuant to this Code section shall be confidential and shall not be disclosed to the public. Access to such reports shall be limited to members of the appropriate licensing board or its staff for their use and to interested institutions for their use in the review of medical staff privileges at the institution.
(f) The failure of an institution to comply with this Code section shall be grounds for the denial, refusal to renew, or revocation of the permit for the operation of the institution issued pursuant to this chapter."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 1, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon Broun Burton Clay

Collins Coverdell Deal Echols Edge English Engram Fincher

Foster Fuller Garner Gillis Hammill Harris Howard Huggins

TUESDAY, FEBRUARY 28, 1989

1315

Johnson Kennedy Kidd MTLacnKgef,onrzdi,e Newbill Olmstead Parker

Perry Pollard Ragan of 10th R,,Raagyan of 32nd Scott of 2nd Scott of 36th Shumake

Starr Stumbaugh Tate TT_.iamyJ lmorons Turner Tysinger Walker

Voting in the negative was Senator Barnes.

Those not voting were Senators:

Bowen Coleman

Dawkins Dean

Peevy Phillips

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 342. By Senators Tate of the 38th, Parker of the 15th and Garner of the 30th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for special license plates for commemorating colleges or universities; to provide that applications for such special license plates shall be made to the commissioner.
The Senate Committee on Transportation offered the following amendment:

Amend SB 342 by inserting on line 16 of page 2 after "$25.00" the following: "per year of usage".

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Coverdell Dawkins Deal Dean

Echols English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd

Land Langford McKenzie Newbill Olmstead Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake

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JOURNAL OF THE SENATE

Starr Stumbaugh Tate

Timmons Turner

Tysinger Walker

Those not voting were Senators:

Coleman Edge

Peevy

Taylor

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

SB 346. By Senator Kidd of the 25th:
A bill to amend Code Section 50-13-13 of the Official Code of Georgia Annotated, relating to the opportunity for a hearing in contested cases under the "Georgia Administrative Procedure Act," so as to authorize an agency, after a hearing upon a contested case, to withdraw into private session to deliberate on findings of fact and any penalties based upon the evidence introduced on matters officially noticed in such a hearing.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Coverdell Dawkins Deal Dean Echols

English Engram Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Newbill Parker

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Coleman Edge Fincher

Kennedy (presiding) Langford Olmstead

Peevy Taylor

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 28, 1989

1317

Senator Garner of the 30th moved that the following bill of the House, having been read the third time on February 21 and placed on the Table, be taken from the Table:

HB 94. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Code Section 42-8-34.1 of the Official Code of Georgia Anno tated, relating to requirements for the revocation of probated or suspended sentences, so as to authorize the court to consider the service of sentences pursu ant to probation revocation in alternatives to include community service, inten sive probation, diversion centers, probation detention centers, special alternative incarceration.

On the motion, the yeas were 23, nays 5. Senator Kennedy of the 4th, President Pro Tempore, who was presiding, voted yea making a quorum and the yeas were 24, nays 5; the motion prevailed, and HB 94 was taken from the Table and placed at the foot of the Senate Rules Calendar for today.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 351. By Senator Kidd of the 25th:
A bill to amend Code Section 21-5-50 of the Official Code of Georgia Annotated, relating to the filing of financial disclosure statements by public officers and can didates for public office, so as to change the provisions relating to the time of filing financial disclosure statements by candidates for public office.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Coleman Kennedy (presiding)

Peevy

Timmons

On the passage of the bill, the yeas were 52, nays 0.

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JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.

Senator Coverdell of the 40th introduced the doctor of the day, Dr. Brian C. Wallace, of Atlanta, Georgia.

The following general bills of the Senate, favorably reported by the committee, were read the third time and put upon their passage:

SB 353. By Senators Barker of the 18th, Langford of the 35th, Newbill of the 56th and others:
A bill to amend Code Section 15-11-49 of the Official Code of Georgia Annotated, relating to the definitions, procedures and hearings, and disposition and transfers of juvenile traffic offenses, so as to provide that fines be remitted to a children and youth investment fund; to create a children and youth investment fund for each county of the State of Georgia.

The report of the committee, which was favorable to the passage of the bill, was agreed
to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Coverdell Deal Dean Echols Edge Engram

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Olmstead Parker

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Voting in the negative was Senator Dawkins.

Those not voting were Senators:

Coleman English

Kennedy (presiding) Newbill

Peevy Timmons

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed.

SB 355. By Senators Barker of the 18th, Kidd of the 25th, Walker of the 43rd and others:
A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the Georgia Children and Youth Overview Committee; to provide for members, officers, duties, functions, powers, authority,

TUESDAY, FEBRUARY 28, 1989

1319

compensation, appointments, and vacancies; to provide for funds; to provide for matters relative to the foregoing; to provide for an effective date.

Senators Scott of the 2nd and Kidd of the 25th offered the following amendment:

Amend SB 355 by adding before the period on line 31 of page 2 the following:
"and shall receive the same for not more than 10 days unless additional days are authorized".

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

Senators Scott of the 2nd and Kidd of the 25th offered the following amendment:

Amend SB 355 by adding after "foregoing;" on line 7 of page 1 the following: "to provide for the abolition of the committee;". By adding before the quotation marks on line 15 of page 4 the following: "The committee shall stand abolished December 31, 1989."

On the adoption of the amendment, the yeas were 37, nays 1, and the amendment was adopted.

Senators Scott of the 2nd and Kidd of the 25th offered the following amendment:

Amend SB 355 by striking lines 7 through 12 of page 4 and inserting in their place the following:
"28-11-5. The committee may utilize the services of the House Research Office, Senate Research Office, Office of Legislative Counsel, and Office of Legislative Budget Analyst in fulfilling its duties and responsibilities under this chapter."

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Coverdell Deal Dean Echols
Edge

English Engram Fincher Foster Fuller Gillis Hammill Harris Howard Johnson Kidd Land Langford Newbill Olmstead
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

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JOURNAL OF THE SENATE

Voting in the negative was Senator Dawkins.

Those not voting were Senators:

Coleman Garner Huggins

Kennedy (presiding) McKenzie

Parker Peevy

On the passage of the bill, the yeas were 48, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Perry of the 7th introduced Larry Wayne Bussey, 1989 Georgia Teacher of the Year, who, having been commended by SR 113 adopted previously, briefly addressed the Senate.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 360. By Senators English of the 21st and Kidd of the 25th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the definition of certain terms.

The Senate Committee on Human Resources offered the following substitute to SB 360:

A BILL
To be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the definition of certain terms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking in its entirety paragraph (8) of Code Section 31-6-2, relating to defini tions with respect to state health planning and development, and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) 'Health care facility' means hospitals; other special care units, including podiatric facilities, skilled nursing facilities, and kidney disease treatment centers, including free standing hemodialysis units; intermediate care facilities; personal care homes not in exis tence on the effective date of this chapter; ambulatory surgical or obstetrical facilities; health maintenance organizations; home health agencies; and facilities which are devoted to the provision of treatment and rehabilitative care for periods continuing for 24 hours or longer for persons who have traumatic brain injury."
Section 2. Said title is further amended by striking in its entirety paragraph (1) of Code Section 31-7-1, relating to definitions with respect to the regulation and construction of hospitals and other health care facilities, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Institution' means:
(A) Any community mental health and mental retardation facility;
(B) Any building, facility, or place in which are provided two or more beds and other facilities and services that are used for persons received for examination, diagnosis, treat ment, surgery, maternity care, nursing care, or personal care for periods continuing for

TUESDAY, FEBRUARY 28, 1989

1321

24 hours or longer and which is classified by the department, as provided for in this chapter, as either a hospital, nursing home, or personal care home;
(C) Any health facility wherein abortion procedures under subsections (b) and (c) of Code Section 16-12-141 are performed or are to be performed;
(D) Any building or facility, not under the operation or control of a hospital, which is primarily devoted to the provision of surgical treatment to patients not requiring hospitalization and which is classified by the department as an ambulatory surgical treatment center;
(E) Any fixed or mobile specimen collection center or health testing facility where spec imens are taken from the human body for delivery to and examination in a licensed clinical laboratory or where certain measurements such as height and weight determination, limited audio and visual tests, and electrocardiograms are made, excluding public health services operated by the state, its counties, or municipalities;
(F) Any building or facility, not directly associated with a hospital, which is devoted primarily to the provision, on a nonrecurring basis, of medical treatment to patients with acute injuries or conditions and which is classified by the Department of Human Resources as a freestanding emergency care clinic;
(G) Any building or facility where human births occur on a regular and ongoing basis and which is classified by the Department of Human Resources as a birthing center; or
(H) Any building or facility which is devoted to the provision of treatment and rehabili tative care for periods continuing for 24 hours or longer for persons who have traumatic brain injury.
The term 'institution' shall exclude all physicians' and dentists' private offices and treat ment rooms in which such dentists or physicians primarily see, consult with, and treat patients."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator English of the 21st offered the following amendment:

Amend the substitute to SB 360 offered by the Senate Committee on Human Resources by adding on line 3 of page 1 following the word and symbol "terms;" the following:
"to provide an effective date;",
By adding between lines 19 and 20 of page 3 the following: "Section 3. This Act shall become effective January 1, 1990." ber "B4y".striking the number "3" on line 20 of page 3 and inserting in lieu thereof the num

On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Broun

Burton Clay Coleman

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JOURNAL OF THE SENATE

Collins Dawkins Deal
Echols Edge EEnngglriasmh
Fincher Foster Fuller Gillis Harris

Howard Huggins Johnson
Kidd Langford NMecwKbeinllzie
Olmstead Parker Perry Pollard Ragan of 10th

Ragan of 32nd Ray Scott of 2nd
Scott of 36th Starr Se t, umb, augh,
f,ate Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Coverdell Dean

Garner Hammill Kennedy (presiding) Land

Peevy Phillips Shumake Taylor

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 361. By Senators Tysinger of the 41st, Scott of the 2nd, Edge of the 28th and Baldwin of the 29th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, so as to provide certain requirements relative to resolutions conveying or leasing or grant ing easements over or for the use of state owned real property.

The Senate Committee on Public Utilities offered the following substitute to SB 361:

A BILL
To be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, so as to provide certain requirements relative to resolutions conveying or leasing or granting ease ments over or for the use of state owned real property; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, is amended by adding at the end thereof a new Code Section 50-16-19 to read as follows:
"50-16-19. (a) Any resolution of the General Assembly conveying or leasing state owned real property or granting an easement over or for the use of state owned real property shall include an attachment containing the following information:
(1) A reliable estimate of the fair market value of the real property which shall be prepared by the State Properties Commission;
(2) A reliable estimate of the administrative cost of conveying or leasing the real prop erty or granting the easement over or for the use of the real property which shall be pre pared by the State Properties Commission;
(3) A finding that the state department, board, bureau, commission, or other state

TUESDAY, FEBRUARY 28, 1989

1323

agency having control or jurisdiction over the real property no longer has a need for the property; and
(4) A finding that no other state department, board, bureau, commission, or other state agency has a need for the property.
(b) The State Properties Commission and the executive director of that agency and other state departments and agencies will cooperate with and assist a member of the General Assembly in obtaining the information required by this Code section. A member of the General Assembly intending to introduce a resolution which is subject to the provisions of this Code section shall obtain such information prior to its introduction. The administrative cost of conveying or leasing the real property or granting the easement over or for the use of the real property, as determined by the State Properties Commission, shall be incorporated into and made a part of the resolution."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen Broun Burton CCloalyeman
Collins Coverdell Dawkins Deal Echols English

Engram Foster Fuller Gillis Hammill Howard JKoihdndson
Langford Newbill Olmstead Parker Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Scott of 36th Shumake gtarr 0St, umb, augh.
Tate Tavlor Timmons Turner Tysinger Walker

Voting in the negative were Senators Brannon and Harris.

Those not voting were Senators:

Albert BDaerakner Edge Fincher

Garner Huggins Kennedy (presiding) Land

McKenzie Peevy Ray Scott of 2nd

On the passage of the bill, the yeas were 41, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

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JOURNAL OF THE SENATE

SB 367. By Senators Clay of the 37th, Ragan of the 32nd, Coverdell of the 40th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for legislative intent; to provide a short title; to provide for definitions; to create public bodies corporate and politic as detention buildings and facilities authorities; to provide for the activation of such detention buildings and facilities authorities.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen Brannon Broun Clay Coleman Collins Coverdell Dawkins Deal Echols Edge English

Engram Foster Fuller Gillis Hammill Harris Howard Johnson Kidd Land Langford Newbill Olmstead Parker Perry

Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Barker Burton Dean

Fincher Garner Huggins Kennedy (presiding)

McKenzie Peevy Phillips Starr

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 368. By Senators Foster of the 50th and Deal of the 49th:
A bill to amend Code Section 20-2-757 of the Official Code of Georgia Annotated, relating to the application of open meetings and open records laws to proceedings before school disciplinary tribunals, so as to change provisions relating to such application.

The Senate Committee on Judiciary offered the following substitute to SB 368:

A BILL
To be entitled an Act to amend Code Section 20-2-757 of the Official Code of Georgia Annotated, relating to the application of open meetings and open records laws to proceedings before school disciplinary tribunals, so as to change provisions relating to such application; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 28, 1989

1325

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-757 of the Official Code of Georgia Annotated, relating to the application of open meetings and open records laws to proceedings before school disciplinary tribunals, is amended by striking said Code section, which reads as follows:
"20-2-757. (a) No proceeding under this subpart shall be subject to Code Section 36-801 and the verbatim electronic or written record and the written decisions prepared under this subpart shall not be subject to public inspection under Article 4 of Chapter 18 of Title 50.
(b) No other disciplinary proceeding or appeal or review thereof conducted by a school administration or board of education shall be subject to Code Section 36-80-1, and the verbatim electronic or written record and the written decisions prepared by a school administration or board of education in such proceeding shall not be subject to public inspection under Article 4 of Chapter 18 of Title 50.
(c) The board of education shall prepare a written summary of any proceeding under this subpart, which summary shall include a description of the incident and the disposition thereof but shall not contain the names of any party to the incident. The summary shall be a public record.",
in its entirety and substituting in lieu thereof a new Code Section 20-2-757 to read as follows:
"20-2-757. (a) All proceedings and hearings conducted under this subpart shall be confidential and shall not be subject to the open meetings requirement of Code Section 5014-1 or other open meetings laws.
(b) All electronic or other written records of all hearings conducted under this subpart; all statements of charges; all notices of hearings; and all written decisions rendered by a hearing officer, tribunal, the local board of education, or the State Board of Education shall not be subject to public inspection or other disclosure under Article 4 of Chapter 18 of Title 50 or other public disclosure laws; provided, however, the board of education shall prepare a written summary of any proceeding conducted under this subpart, which summary shall include a description of the incident and the disposition thereof but shall not contain the names of any party to the incident. The summary shall be a public record."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun Burton Clay Coleman Collins

Coverdell Dawkins Deal Echols Edge English Engram Foster Fuller Gillis Hammill

Harris Howard Johnson Kidd Land Langford Olmstead Parker Perry Pollard Ragan of 10th

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JOURNAL OF THE SENATE

Ragan of 32nd Ray Scott of 2nd Shumake

Stumbaugh Taylor Timmons

Turner Tysinger Walker

Those not voting were Senators:

Barker Fienacnher Garner Huggins

Kennedy (presiding) McKenzie Newbill Peevy

Phillips Scott of 36th Starr Tate

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kidd of the 25th moved that the following bill of the Senate, having been read the third time on February 21 and placed on the Table, be taken from the Table:

SB 296. By Senator Kidd of the 25th:
A bill to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for construction of public works, so as to provide that contracts for construction of public works financed from public funds or constructed on public property shall be subject to certain restrictions.

On the motion, the yeas were 27, nays 1. Senator Kennedy of the 4th, President Pro Tempore, who was presiding, voted yea making a quorum and the yeas were 28, nays 1; the motion prevailed, and SB 296 was taken from the Table and placed at the foot of the Senate Rules Calendar for today.

The following general bills and resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 369. By Senators Clay of the 37th, Tysinger of the 41st and Coleman of the 1st:
A bill to amend Code Section 36-62-2 of the Official Code of Georgia Annotated, relating to definitions used in the "Development Authorities Law," so as to provide that the definition of the term "project," as such term applies to development authorities, shall include certain facilities to be used by universities or athletic associations in connection with intercollegiate athletics.

The Senate Committee on Judiciary offered the following substitute to SB 369:

A BILL
To be entitled an Act to amend Code Section 36-62-2 of the Official Code of Georgia Annotated, relating to definitions used in the "Development Authorities Law," so as to provide that the definition of the term "project," as such term applies to development authorities, shall include certain facilities to be used by universities or ai-hletic associations in connection with intercollegiate athletics, the administration of intercollegiate athletic activities, or the housing of current or prospective student athletes and others; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA;
Section 1. Code Section 36-62-2 of the Official Code of Georgia Annotated, relating to definitions used in the "Development Authorities Law," is amended by striking "and" from

TUESDAY, FEBRUARY 28, 1989

1327

subparagraph (L) of paragraph (6), by redesignating subparagraph (M) of paragraph (6) as subparagraph (N), and by adding a new subparagraph (M) to read as follows:
"(M) The acquisition, construction, equipping, improvement, leasing, or financing of any property, real or personal, for use by universities or athletic associations in connection with intercollegiate athletics, the administration of intercollegiate athletic activities, or the housing of current or prospective student athletes and others located or to be located within the area of operation of the authority; and"
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes ^Borawnennon BD rou. n C1 Coleman Collins Coverdell Dawkins Deal Dean

Echols Edge English Engram
Foster FGuilllliesr ,H,ammi.l..l Harris Howard Huggins Johnson Kidd Langford Newbill

Olmstead Parker Perry Pollard
Ragan of 10th RRaaygan of 32nd S0 co,t,t of,,2nd, Scott of 36th Shumake Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Fincher Garner Kennedy (presiding) Land

McKenzie Peevy Phillips

Starr Tate Timmons

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 371. By Senator Deal of the 49th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for a statement of basic principles relative to the detention of juveniles.

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JOURNAL OF THE SENATE

The Senate Committee on Judiciary offered the following amendment:

Amend SB 371 by striking the word "trial" from line 12 of page 1 and inserting in lieu thereof the following:
"adjudication".

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Brannon BBurorutonn Clay Coleman Collins Coverdell Dawkins Deal Dean

Echols Edge English Engram Foster
Fuller Garner HGialmlismill Harris
Howard
Huggins
Johnson
Kidd
Langford Newbill

Olmstead Parker Perry Phillips Pollard R Qf 32nd R "Scaoytt of, 20nd, Scott of 36th
Stumbaugh
Taylor
Timmons
Turner
Tysinger Walker

Those not voting were Senators:

Fincher Kennedy (presiding) Land

McKenzie Peevy Ragan of 10th

Shumake Starr Tate

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 374. By Senators Barker of the 18th, Burton of the 5th, Langford of the 35th and others:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish goals for the at-risk children and youth in the State of Georgia; to amend Code Section 45-12-78 of the Official Code of Georgia Annotated, relating to the duty of budget unit heads to submit annual estimates, so as to require the head of each budget unit to submit as a part of such unit's annual budget request certain information relating to programs af fecting children and youth.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

TUESDAY, FEBRUARY 28, 1989

1329

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Dean Echols

Edge English Engram Foster Fuller Gillis Hammill Harris Muggins Johnson Kidd McKenzie Newbill Olmstead

Parker Perry Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Deal Fincher Garner Howard

Kennedy (presiding) Land Langford Peevy

Phillips Ragan of 10th Starr Taylor

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 382. By Senator Barker of the 18th:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide for designation of community innovation zones; to provide for their powers and duties; to provide for development of decategorization of resources for children and youth service; to provide for development of alternative reimbursement systems.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Coverdell

Dawkins Dean Echols Edge English Engram Foster Fuller Hammill Harris Howard Huggins

Johnson Kidd Langford McKenzie Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd

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JOURNAL OF THE SENATE

Ray Scott of 2nd Scott of 36th Stumbaugh

Tate Taylor . Timmons

Turner Tysinger Walker

Those not voting were Senators:

Coleman Deal Fincher Garner

Gillis Kennedy (presiding) Land

Newbill Shumake Starr

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 383. By Senator Barker of the 18th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide incentives for increasing local juvenile justice services; to provide for funding to assist counties in developing additional juvenile services; to provide for development of a formula for allocation of such funding; to provide effective dates.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes _BBnBorroawnuennnon Burton Clay
Coleman
Collins Coverdell Dean Echols

Edge English Engram Foster Fuller HnHIHTouarwgrgiasmrds, Johnson Kidd
Land
Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard KDKRD aaggaa,,nn 0011tf oQmlOoztntundA Kay Scott of 2nd
Scott of 36th
Starr Stumbaugh Taylor Turner

Voting in the negative were Senators Shumake and Walker.

Those not voting were Senators:

Dawkins Deal Fincher Garner

Gillis Hammill Kennedy (presiding)

Tate Timmons Tysinger

On the passage of the bill, the yeas were 44, nays 2.

TUESDAY, FEBRUARY 28, 1989

1331

The bill, having received the requisite constitutional majority, was passed.

SR 148. By Senators Barker of the 18th, Langford of the 35th, Newbill of the 56th and Parker of the 15th:
A resolution commending the Permanent Homes for Children in Georgia program.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols

Edge English Engram Foster Fuller Harris Howard Huggins Johnson Kidd Land McKenzie Olmstead Parker

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Turner Walker

Those not voting were Senators:

Albert Bowen Fmchcr Garner Gillis

Hammill Kennedy (presiding) Langford Newbill

Peevy Shumake Timmons Tysinger

On the adoption of the resolution, the yeas were 43, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 149. By Senators Barker of the 18th, Langford of the 35th, Newbill of the 56th and Parker of the 15th:
A resolution commending the Purchase of Services for Juvenile Offenders program.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker

Barnes Bowen Brannon

Broun Burton Clay

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JOURNAL OF THE SENATE

Coleman Collins Coverdell Dawkins
JDg?ee,aaln, Edge English Engram Foster Fuller

Gillis Harris Johnson Kidd
L,N.,aenwg.bf.io.l.rld Olmstead Parker Peevy Perry Phillips

Pollard Ragan of 32nd Ray Scott of 2nd
S0Sht, aurmr ake Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Albert
Garner Hammill Howard

Huggins Kennedy (presiding)
Land McKenzie

Ragan of 10th Scott of 36th
Taylor Timmons

On the adoption of the resolution, the yeas were 43, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 161. By Senator Parker of the 15th:
A resolution creating the Muscogee County Board of Education Study Committee.

Senator Parker of the 15th offered the following substitute to SR 161:

A RESOLUTION
Creating the Muscogee County Board of Education Study Committee; and for other purposes.
WHEREAS, the Muscogee County Board of Education currently consists of 15 members appointed by the grand jury; and
WHEREAS, there has been a continuing discussion among citizens and local officials of Muscogee County concerning the relative merits of a grand jury appointed board of education as compared to a board elected by the citizens of the Muscogee County School District; and
WHEREAS, a systematic study of various proposals for the organization and election of the members of the Muscogee County Board of Education would be of invaluable assistance to the members of the General Assembly representing Muscogee County in their consideration of these proposals;
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE:
Section 1. That the Muscogee County Board of Education Study Committee, hereinafter referred to as the study committee, is created to consist of 11 members as follows:
(1) The two members of the Senate representing Senate Districts 15 and 16;
(2) Two members of the House of Representatives who represent any two of House Districts 92 through 97 appointed by the Senator from Senate District 15;
(3) Two members of the House of Representatives who represent two of House Districts

TUESDAY, FEBRUARY 28, 1989

1333

92 through 97, who are not appointed under paragraph (2) of this section, appointed by the Senator from Senate District 16;
(4) Two citizens of the Muscogee County School District appointed, as provided in Section 2 of this resolution, by the members provided for in paragraphs (1) through (3) of this section;
(5) Two citizens of the Muscogee County School District appointed by a majority vote of the Muscogee County Board of Education; and
(6) One citizen of the Muscogee County School District appointed by the mayor of the consolidated government of Columbus, Georgia.
Section 2. That a preliminary meeting of the members provided for in paragraphs (1) through (3) of Section 1 of this resolution shall be held by not later than June 1, 1989, for the purpose of appointing the two members provided for in paragraph (4) of Section 1 of this resolution. Said preliminary meeting may be called by either Senator from the 15th or 16th Senate District. The appointment of the members provided for in paragraph (4) of Section 1 of this resolution shall be by a majority vote of the members present and voting at the preliminary meeting. Any member provided for in paragraphs (1) through (3) of Section 1 of this resolution who is not present at the preliminary meeting shall forfeit membership on the study committee. A majority of the members present and voting at the preliminary meeting shall appoint a citizen of the Muscogee County School District as a member of the study committee for each position on the study committee forfeited pursuant to the provisions of the foregoing sentence. In the event a vote provided for in this section is a tie, then any three votes in favor of a nominee for membership on the study committee shall be sufficient to make the appoint of the nominee as a member of the study committee.
Section 3. That all appointments of the members of the study committee shall be completed by June 15, 1989. Any appointments not made by that date under paragraphs (5) and (6) of Section 1 of this resolution shall be made by the affirmative vote of any three or more legislative members of the study committee and the original appointing authority shall no longer be empowered to make the appointments.
Section 4. That the organizational meeting of the study committee shall be called by either Senator from the 15th or 16th Senate District and shall be held by not later than July 1, 1989. At the organizational meeting, the study committee shall elect from its own membership a chairman, vice chairman, and such other officers as it finds necessary or desirable. The study committee may adopt such rules or policies governing its operation and procedures as it finds necessary or desirable. The members of the study committee shall serve without compensation and may not be reimbursed from public funds for expenses incurred by them in carrying out their duties as members of the committee. The study committee may meet at such times and places and conduct such public hearings as may be necessary to carry out its duties.
Section 5. That the study committee shall make a systematic study of the Muscogee County School District and the various proposals and recommendations for the creation of a board of education elected by the voters of said school district.
Section 6. That the study committee shall complete its study, and submit its recommendations by December 1, 1989, to the members of the General Assembly who represent any portion of Muscogee County and to interested citizens of Muscogee County. The study committee shall stand abolished on December 31, 1989.
Senator Land of the 16th moved that SR 161 be committed to the Senate Committee on Urban and County Affairs.
On the motion, the yeas were 16, nays 21; the motion was lost, and SR 161 was not committed to the Senate Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

that, pursuant to Senate Rule 143, consideration of the substitute and resolution would be suspended and placed on the Senate General Calendar.

SR 163. By Senators Phillips of the 9th, Peevy of the 48th, Burton of the 5th and others:
A resolution urging the Federal Aviation Administration to conduct a detailed environmental impact study of the proposed expansion of the Stone MountainBritt Memorial Airport.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols English

Engram Fincher Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Peevy

Those not voting were Senators:

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Turner Tysinger Walker

Albert Bowen Edge

Harris Kennedy (presiding) Olmstead

Parker Taylor Timmons

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 164. By Senator Garner of the 30th:
A resolution authorizing the lease of a certain tract of state owned real property; to provide an effective date.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

TUESDAY, FEBRUARY 28, 1989

1335

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Brannon Broun Burton Clay Coleman Collins Coverdell Deal Dean Echols Edge Engram Fincher

Foster Fuller Garner Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Barker Bowen Dawkins

English Gillis Kennedy (presiding)

Langford Parker Starr

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 165. By Senators Ragan of the 10th, English of the 21st, Echols of the 6th and others: A resolution creating the Senate Ethanol Study Committee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen Brannon
Burton ^Co,lyh. ns Coverdell j)eal Dean Echols Edge Engram Fincher

Fuller Garner Gillis Hammill Harrig
Howard HT u,g66gins Johnson Kidd Land Langford McKenzie Newbill Peevy

Perry Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd S_.cott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Walker

Those not voting were Senators:

Albert

Barker

Broun

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JOURNAL OF THE SENATE

Coleman Dawkins English Foster

Kennedy (presiding) Olmstead Parker

Phillips Shumake Tysinger

On the adoption of the resolution, the yeas were 43, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 167. By Senator Barker of the 18th: A resolution commending Georgia Court Appointed Special Advocates (CASA).

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Brannon Burton Clay Coleman Collins Coverdell Deal Dean Echols Edge English Engram

Fincher Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

Peevy Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Walker

Those not voting were Senators:

Albert Bowen Broun Dawkins

Foster Kennedy (presiding) Parker

Perry Taylor Tysinger

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 171. By Senator Coleman of the 1st:
A resolution authorizing the exchange of certain state owned real properties located in Chatham County, Georgia; to provide an effective date.

Senator Scott of the 2nd moved that he be excused from voting on SR 171, stating that he had an interest in the results.

On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Scott of the 2nd was excused from voting on SR 171.

TUESDAY, FEBRUARY 28, 1989

1337

The Senate Committee on Public Utilities offered the following amendment:

Amend SR 171 by inserting on line 9 of page 2 after the word "edges" the following:
"and to plant and maintain vegetation to minimize visibility between the road and the park".

On the adoption of the amendment, the yeas were 2, nays 33, and the amendment offered by the Senate Committee on Public Utilities was lost.

Senator Coleman of the 1st offered the following amendment:

Amend SR 171 by inserting on line 9 of page 2 after the word "edges" the following:
"and to plant and maintain vegetation to minimize visibility between the road and the park, and to protect the area between the roadway as finally located and the boundary of the park for a distance of 750 feet, more or less, south of parcel "B" as described in this resolution".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment offered by Senator Coleman of the 1st was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to as amended.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen B ra " non
^Cluaryton Coleman Collins Coverdell
Dawkins Deal Dean Echols Edge

English Engram Fincher Fuller Garner Gillis
"Haamrrmisi11 Howard Huggins Johnson
Kidd Land Langford McKenzie Newbill

Olmstead Parker Peevy Perry Pollard Ragan of 10th
RRag6an of 32nd ay
htarr Stumbaugh
Tate Taylor Timmons Turner Walker

Those not voting were Senators:

Albert Broun Foster

Kennedy (presiding) Phillips Scott of 2nd (excused)

Scott of 36th Shumake Tysinger

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

The President resumed the Chair.

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JOURNAL OF THE SENATE

SR 175. By Senator McKenzie of the 14th:
A resolution authorizing the conveyance of certain state owned real property located in Sumter County, Georgia; to provide an effective date.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Burton

English Engram Fincher Fuller Garner gillis Hammill

Olmstead Peevy Perry Pollard Ragan of 10th Ragan of 32nd ,,

CCoollleimnsan
Coverdell Dawkins Deal Dean Echols Edge

tHJuggidns
Kennedy Kidd Land Langford McKenzie Newbill

*Sco*tt 'oJf J36Jth,
btarr Stumbaugh Tte Taylor Timmons Turner

Those not voting were Senators:

Albert Broun Foster

Johnson Parker Phillips

Shumake Tysinger Walker

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 177. By Senator English of the 21st: A resolution creating the Senate Kenaf Plant Study Committee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Burton Clay Coleman

Collins Coverdell Dawkins Deal Dean Echols Edge English Engram

Fincher Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy

TUESDAY, FEBRUARY 28, 1989

1339

Kidd McKenzie Newbill Olmstead Peevy Perry

Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr

Stumbaugh Tate Taylor Timmons Turner Walker

Those not voting were Senators:

Albert Broun Foster Garner

Land Langford Parker Phillips

Scott of 2nd Shumake Tysinger

On the adoption of the resolution, the yeas were 45, 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 House:

HB 515. By Representative Orrock of the 30th:
A bill to amend an Act providing for urban enterprise zones in the City of Atlanta, so as to provide that housing units in certain urban redevelopment areas shall be eligible for consideration as urban enterprise zones.

HB 789. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A bill to create the Rome-Floyd County Commission on Children and Youth.

HB 836. By Representative Martin of the 26th:
A bill to repeal an Act providing for a board of elections in each county of this state having a population of more than 500,000 according to the 1960 United States decennial census and any future such census; to provide a conditional effective date.

HB 837. By Representative Martin of the 26th:
A bill to create a board of elections and registration for Fulton County, Georgia; to provide for its powers and duties.

HB 926. By Representative McKinney of the 35th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, so as to provide for the method by which salaries of the judges of such courts are set.

HB 932. By Representatives Davis of the 29th, McKinney of the 40th, McKinney of the 35th, Brooks of the 34th and Thomas of the 31st:
A bill to amend Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment, qualifications, and tenure of housing authority

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JOURNAL OF THE SENATE

commissioners, so as to provide that resident commissioners in cities with a population of 400,000 or more according to the United States decennial census of 1970 or any future such census shall be voting members.
HB 956. By Representatives Floyd of the 154th and Chance of the 129th:
A bill to amend an Act creating a new charter of the City of Hinesville, so as to provide for the election of city council members from districts by the residents of such districts; to provide for districts; to provide for general municipal elections and terms of office; to provide for the election of the mayor.
HB 957. By Representative Smith of the 78th:
A bill to amend an Act abolishing the present method of compensating the tax commissioner of Butts County known as the fee system and providing in lieu thereof an annual salary, so as to provide a supplement to the annual salary of the tax commissioner.
HB 959. By Representatives Stephens of the 68th, Thurmond of the 67th, Clark of the 13th and Irwin of the 13th:
A bill to provide for the Athens-Clarke County Anti-Drug Commission, a body corporate and politic; to authorize and empower such commission to take such actions and do such things as it shall deem proper to encourage the treatment of persons for alcohol and substance abuse.
HB 960. By Representatives Byrd of the 153rd, Barfoot of the 120th and Moody of the 153rd:
A bill to amend an Act creating the board of commissioners of Toombs County, so as to change the compensation of the chairman and other members of the board of commissioners.
HB 961. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th: A bill to amend an Act creating a new charter for the City of Albany, so as to change the provisions relating to the time of election, the taking of office, and terms of office of the mayor and commissioners.
The following bills of the House were read the first time and referred to committees:
HB 515. By Representative Orrock of the 30th: A bill to amend an Act providing for urban enterprise zones in the City of Atlanta, so as to provide that housing units in certain urban redevelopment areas shall be eligible for consideration as urban enterprise zones.
Referred to Committee on Urban and County Affairs.
HB 789. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: A bill to create the Rome-Floyd County Commission on Children and Youth.
Referred to Committee on Urban and County Affairs.
HB 836. By Representative Martin of the 26th: A bill to repeal an Act providing for a board of elections in each county of this state having a population of more than 500,000 according to the 1960 United

TUESDAY, FEBRUARY 28, 1989

1341

States decennial census and any future such census; to provide a conditional effective date.
Referred to Committee on Governmental Operations.
HB 837. By Representative Martin of the 26th:
A bill to create a board of elections and registration for Fulton County, Georgia; to provide for its powers and duties.
Referred to Committee on Urban and County Affairs.
HB 926. By Representative McKinney of the 35th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, so as to provide for the method by which salaries of the judges of such courts are set.
Referred to Committee on Special Judiciary.
HB 932. By Representatives Davis of the 29th, McKinney of the 40th, McKinney of the 35th and others:
A bill to amend Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment, qualifications, and tenure of housing authority commissioners, so as to provide that resident commissioners in cities with a population of 400,000 or more according to the United States decennial census of 1970 or any future such census shall be voting members.
Referred to Committee on Urban and County Affairs (General).
HB 956. By Representatives Floyd of the 154th and Chance of the 129th:
A bill to amend an Act creating a new charter of the City of Hinesville, so as to provide for the election of city council members from districts by the residents of such districts; to provide for districts; to provide for general municipal elections and terms of office; to provide for the election of the mayor.
Referred to Committee on Urban and County Affairs.
HB 957. By Representative Smith of the 78th:
A bill to amend an Act abolishing the present method of compensating the tax commissioner of Butts County known as the fee system and providing in lieu thereof an annual salary, so as to provide a supplement to the annual salary of the tax commissioner.
Referred to Committee on Urban and County Affairs.
HB 959. By Representatives Stephens of the 68th, Thurmond of the 67th, Clark of the 13th and Irwin of the 13th:
A bill to provide for the Athens-Clarke County Anti-Drug Commission, a body corporate and politic; to authorize and empower such commission to take such actions and do such things as it shall deem proper to encourage the treatment of persons for alcohol and substance abuse.
Referred to Committee on Urban and County Affairs.

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HB 960. By Representatives Byrd of the 153rd, Barfoot of the 120th and Moody of the 153rd:
A bill to amend an Act creating the board of commissioners of Toombs County, so as to change the compensation of the chairman and other members of the board of commissioners.
Referred to Committee on Urban and County Affairs.

HB 961. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A bill to amend an Act creating a new charter for the City of Albany, so as to change the provisions relating to the time of election, the taking of office, and terms of office of the mayor and commissioners.
Referred to Committee on Urban and County Affairs.

The following general bill of the Senate, having been read the third time on February 21 and postponed until February 22, and on February 22 postponed until February 23, and on February 23 postponed until February 28, and placed on the Senate Rules Calendar for today, was put upon its passage:

SB 280. By Senator Howard of the 42nd:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to restrict the authority of the State Board of Pardons and Paroles to parole persons convicted of certain felonies until such persons have served at least onethird of the sentence imposed by the court for any such felony.

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 J. Nathan Deal, Chairman

Senate Judiciary Committee

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 23, 1989

SUBJECT: Fiscal Note--Senate Bill 280 (LC 10 8381) Restricting Authority of State Board of Pardons and Paroles

This Bill provides that individuals convicted of certain felony offenses would be required to serve at least one-third of the sentence imposed by the court before being eligible for parole consideration. Thirteen felony offenses are identified in the Bill that would fall under these provisions. The Bill would become effective January 1, 1991, provided a resolution prohibiting the State Board of Pardons and Paroles from granting a parole to any person that has not served at least one-third of the sentence imposed by the court for certain felony offenses is ratified at the 1990 general election.

The following table identifies the estimated state costs associated with this Bill for the first two fiscal years after implementation. The table is based on the Department of Corrections' (DOC) projection of calendar year 1988 paroles adjusted for rising prison population trends which appeared reasonable given the limited time available for review. The capital outlay portion of this analysis assumes that beds are built at a cost of $18,000

TUESDAY, FEBRUARY 28, 1989

1343

each and are available as needed, with no lag between the funding of construction and the availability of the space.

Fiscal Year 1991

Fiscal Year 1992

Fiscal Year 1993

Average Number of Additional Inmates Average Number of New Beds Needed*
Additional Capital Outlay Additional Operating Cost
Total Additional Cost

619

993

1,455

619

374

462

$11,142,000 $ 6,732,000 $ 8,316,000 7,833,166 12,565,968 18,412,370

$18,975,166 $19,297,968 $26,728,370

*The new beds needed each year only include beds in addition to those already built in prior years.

/s/ G. W. Hogan State Auditor

/a/ C. T. Stevens Director, Office of Planning and Budget

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Burton Clay Coleman Collins Coverdell Dawkins Dean Echols Edge English

Engram Fincher Fuller Garner Gillis Hammill Harris Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill

Olmstead Peevy Perry Phillips Pollard Ragan of Ragan of Ray Scott of 3 Starr Stumbaug Tate Timmons Turner Walker

Those not voting were Senators:

Albert Broun Deal Foster

Howard Parker Scott of 2nd

Shumake Taylor Tysinger

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Barnes of the 33rd gave notice that, at the proper time, he would move to

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disagree with the committee report which was adverse to the adoption of the following resolution of the House:

HR 76. By Representative Isakson of the 21st:
A resolution compensating G. Douglas Fuller and Alice K. Fuller in the sum of $250.00.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 227. By Senators Tate of the 38th, Langford of the 35th and Coverdell of the 40th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile courts, so as to authorize a program of state subsidies to assist certain counties in the funding of juvenile intake workers and juvenile probation officers; to provide for other matters relative to the foregoing; to provide effective dates.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen Brannon Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd
Ri\aoyv
Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner

Those not voting were Senators:

Albert Barker Broun

Foster Garner Parker

Taylor Tysinger Walker

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general bill of the House, having been read the third time on February 21

TUESDAY, FEBRUARY 28, 1989

1345

and placed on the Table, and taken from the Table previously today and placed at the foot of the Senate Rules Calendar for today, was put upon its passage:

HB 94. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Code Section 42-8-34.1 of the Official Code of Georgia Annotated, relating to requirements for the revocation of probated or suspended sentences, so as to authorize the court to consider the service of sentences pursuant to probation revocation in alternatives to include community service, intensive probation, diversion centers, probation detention centers, special alternative incarceration.
Senate Sponsor: Senator Garner of the 30th.

Senator Deal of the 49th offered the following amendment:

Amend HB 94 by inserting on line 11, page 1, after the word "or" the following: "not more than"; and by inserting on page 2, line 16, after the word "or" the following: "not more than".

On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barnes Bowen Brannon Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge English Engram

Fincher Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Walker

Those not voting were Senators:

Albert Allgood Barker

Broun Foster Olmstead

Shumake Tysinger

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

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Senator Echols of the 6th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 94.
The President stated that, as provided for in Senate Rule 94, he would set the time to entertain the motion to reconsider for 12:40 o'clock P.M. today.
The following general bill of the Senate, having been read the third time on February 21 and placed on the Table, and taken from the Table previously today and placed at the foot of the Senate Rules Calendar for today, was put upon its passage:
SB 296. By Senator Kidd of the 25th:
A bill to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for construction of public works, so as to provide that contracts for construction of public works financed from public funds or constructed on public property shall be subject to certain restrictions.
The Senate Committee on Governmental Operations offered the following substitute to SB 296:
A BILL
To be entitled an Act to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for construction of public works, so as to provide that contracts for construction of public works financed from public funds or constructed on public property shall be subject to certain restrictions; to provide for contracts for construction of public works let by privatized business entities to which functions of a public governing authority have been delegated; to provide for the applicability of certain Code sections with respect to certain contracts for construction of public works; to define a certain term; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for construction of public works, is amended by adding at the end thereof a new Article 3 to read as follows:
"ARTICLE 3
13-10-30. Any contract for construction of public works involving the use of any public funds of the state, a county, a municipal corporation, an authority, a commission, or any other public body shall comply with the provisions of this article.
13-10-31. (a) When public funds are used in whole or in part to finance any construction of public works project in this state in excess of $20,000.00 or when such public works project is constructed on public property, any prime contract for construction of such project shall be let to the lowest responsible bidder; provided, however, that the entity awarding the contract shall have the right to reject any or all bids for any such contract.
(b) The provisions of this Code section shall apply to contracts for construction of public works let by privatized business entities to which functions of a public governing authority have been delegated.
(c) The provisions of Code Sections 13-10-1, 36-10-3, 36-10-4, and 36-82-101 through 36-82-105 shall apply to contracts for construction of public works let by a privatized business entity the same as such Code sections apply to the public governing authority which delegated functions to the privatized entity.
(d) As used in subsections (b) and (c) of this Code section, a 'privatized business entity' shall include any public, private, or quasi-private corporation, board, authority, or other entity, whether organized to operate on a profit or not-for-profit basis, to which has been delegated any function which was previously performed or which customarily is performed

TUESDAY, FEBRUARY 28, 1989

1347

by a public or governmental body or agency, whenever a public works construction project valued in excess of $20,000.00 is undertaken or let by said corporation, board, or authority which is to be financed with public funds or which is to be constructed upon lands owned by said governmental body, agency, or authority or which, if it had been let directly by the governmental body or agency, would have been subject to the provisions of Code Sections 13-10-1, 36-10-3, 36-10-4, and 36-82-101 through 36-82-105."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senators Kidd of the 25th and Scott of the 36th offered the following amendment:

Amend the substitute to SB 296 offered by the Senate Committee on Governmental Operations by adding at the end of line 11 of page 1 the following:
"provide an exception; to".
By deleting the quotation marks at the end of line 33 of page 2 and adding below line 33 of page 2 the following:
"(e) The provisions of this article shall not apply to contracts for construction of public works involving zoos in cities of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census.'"

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

Senator Langford of the 35th offered the following amendment:

Amend the substitute to SB 296 offered by the Senate Committee on Governmental Operations by adding on page 2, line 3, after the word "responsible" the words,
"and responsive".

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Brannon Burton Clay Coleman Collins Coverdell Deal Dean Echols Edge Engram

Fincher Fuller Garner Hammill Harris Howard Huggins Johnson Kennedy Kidd Land 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

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JOURNAL OF THE SENATE

Tate Taylor

Turner

Walker

Voting in the negative was Senator Dawkins.

Those not voting were Senators:

Albert Barker Bowen

Broun English Foster

Gillis Timmons Tysinger

On the passage of the bill, the yeas were 46, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 372. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to minimum compensation of chief magistrates, so as to change the provisions relating to minimum compensation; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barnes Brannon Clay Collins Dawkins Deal Dean Echols Edge Engram

Fincher Fuller Garner Howard Huggins Johnson Langford McKenzie Newbill Peevy Phillips

Ragan of 10th Ragan of 32nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Walker

Those voting in the negative were Senators:

Allgood Coleman
Coverdell Hammill Harris

Kennedy Kidd
Land Olmstead Parker

Perry Pollard
Ray Scott of 2nd

Those not voting were Senators:

Albert Barker Bowen Broun

Burton English Foster

Gillis Timmons Tysinger

On the passage of the bill, the yeas were 32, nays 14.

TUESDAY, FEBRUARY 28, 1989

1349

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 225. By Representatives Pannell of the 122nd, Cummings of the 17th, Snow of the 1st and Alien of the 127th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, so as to change the definition of the term "fair market value"; to provide for the fair market value of rehabilitated historic property under certain circumstances; to change the provisions relating to the assessment of tangible property.

Senator Kidd of the 25th moved that the Senate insist upon the Senate substitute to HB 225.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 225.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 269. By Representatives Brown of the 88th, Thurmond of the 67th, Randall of the 101st, Holmes of the 28th, Cheeks of the 89th and Bishop of the 94th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds for public works, and Code Section 36-10-4 of the Official Code of Georgia Annotated, relating to bonds of contractors, so as to provide for the acceptances and giving of letters of credit in lieu of certain bonds.

Senator Dawkins of the 45th moved that the Senate insist upon the Senate substitute to HB 269.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 269.

Time having arrived for the entertainment of the reconsideration motion, Senator Echols of the 6th moved that the Senate reconsider its action previously today in passing the following bill of the House:

HB 94. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Code Section 42-8-34.1 of the Official Code of Georgia Annotated, relating to requirements for the revocation of probated or suspended sentences, so as to authorize the court to consider the service of sentences pursuant to probation revocation in alternatives to include community service, intensive probation, diversion centers, probation detention centers, special alternative incarceration.

On the motion, Senator Garner of the 30th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Brannon

Burton Clay Dawkins

Dean Echols Edge

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JOURNAL OF THE SENATE

Fuller Harris Howard Huggins Kennedy Kidd Langford McKenzie

Newbill Olmstead Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd

Ray Scott of 36th Shumake Starr Tate Taylor Turner Walker

Those voting in the negative were Senators:

Barnes Coleman Collins Deal

Engram Garner Hammill Johnson

Land Peevy Scott of 2nd

Those not voting were Senators:

Albert Barker Bowen Broun

Coverdell English Fincher Foster

Gillis Stumbaugh Timmons Tysinger

On the motion, the yeas were 33, nays 11; the motion prevailed, and HB 94 was reconsidered.

Senator Garner of the 30th moved that HB 94 be committed to the Senate Committee on Corrections.

Senator Kidd of the 25th moved that HB 94 be placed on the Table.

On the motion offered by Senator Kidd of the 25th, which takes precedence, the yeas were 42, nays 0; the motion prevailed, and HB 94 was placed on the Table.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 286. By Senators Scott of the 2nd, Coleman of the 1st and Hammill of the 3rd:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain offi cials; to provide for effective dates of such changes.

The House substitute to SB 286 was as follows:

A BILL
To be entitled an Act to amend an Act providing for the compensation of certain offi cials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, so as to change the compensation of certain officials; to provide for effective dates of such changes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, is amended by strik ing Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) Except as provided in subsection (b) of this section, each officer and official of Chatham County listed in this subsection shall receive a salary fixed by the gov-

TUESDAY, FEBRUARY 28, 1989

1351

erning authority of such county, provided that said salary for each officer shall not be less than the salary set forth as follows:

Tax commissioner ........................................... Sheriff ..................................................... Clerk of the superior court................................... Clerk of the state court...................................... Clerk of the probate court ................................... Judge of the recorder's court................................. Judge of the probate court................................... Judge of the juvenile court .................................. Judge of the state court ..................................... Chief magistrate of the magistrate court ...................... Coroner ....................................................

$39,500.00 per annum 46,484.00 per annum 32,800.00 per annum 30,000.00 per annum 26,000.00 per annum 57,000.00 per annum 44,000.00 per annum 44,100.00 per annum 60,000.00 per annum 38,000.00 per annum 8,200.00 per annum

(b) (1) Except as provided in paragraphs (2) and (3) of this subsection, effective on the
first day of the next term of office which begins after July 1, 1988, each officer and official of Chatham County listed below shall receive a salary fixed by the governing authority of such county, provided that said salary for each officer shall not be less than the salary set forth as follows:

Tax commissioner........................................... Sheriff ..................................................... Clerk of the superior court................................... Clerk of the state court. ..................................... Clerk of the probate court ................................... Judge of the recorder's court................................. Judge of the probate court................................... Judge of the juvenile court .................................. Judge of the state court ..................................... Chief magistrate of the magistrate court ...................... Magistrate of the magistrate court............................ Coroner ....................................................

$47,000.00 per annum 49,000.00 per annum 37,000.00 per annum 33,000.00 per annum 28,500.00 per annum 59,500.00 per annum 50,000.00 per annum 50,000.00 per annum 69,500.00 per annum 50,000.00 per annum 45,000.00 per annum 8,200.00 per annum

(2) The governing authority of Chatham County may, at any time, raise the minimum salary of any officer or official listed in this section to the minimum salary set forth in para graph (1) of this subsection.

(3) (A) The governing authority of Chatham County shall raise the minimum salary of the judge of the state court to the minimum salary set forth in paragraph (1) of this subsec tion effective April 1, 1989.

(B) The governing authority of Chatham County shall raise the minimum salaries of the judge of the probate court, chief magistrate, magistrate, and judge of the juvenile court to the minimum salaries set forth in paragraph (1) of this subsection effective July 1, 1989."

Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Scott of the 2nd moved that the Senate agree to the House substitute to SB 286 as amended by the following amendment:

Amend the House substitute to SB 286 by striking "July 1" on line 6, page 3, and inserting "January 1"; and by striking "1989" on line 7, page 3, and inserting "1990".

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JOURNAL OF THE SENATE

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Brannon Burton
Collins Dawkins Deal Dean Echols Edge Engram Fuller

Garner Hammill Harris Howard Huggins Johnson
Kennedy
Kidd Langford
McKenzie Newbill
Olmstead Parker
Peevy
Perry

Phillips Pollard Ragan of 10th Ragan of 32nd j^ay Scott of 2nd
s f mh
,,, , Shumake
btarr Stumbaugh
Tate Taylor
Turner
Walker

Voting in the negative was Senator Land.

Those not voting were Senators:

Albert Barker Bowen Broun

Coverdell English Fincher Foster

Gillis Timmons Tysinger

On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 286 as amended by 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 839. By Representatives Lee of the 72nd and Walker of the 115th:
A bill to amend Code Section 9-13-143 of the Official Code of Georgia Annotated, relating to rates for legal advertisements, so as to change the rates for legal advertisements.
HB 55. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Thomas of the 69th and Groover of the 99th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, and Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers in general, so as to change the compensation of and provisions relating to the compensation of Jus tices of the Supreme Court and Judges of the Court of Appeals; to provide a mechanism for future changes in such compensation.
HB 962. By Representatives Richardson of the 52nd, Redding of the 50th, Oliver of the 53rd, Williams of the 54th, Teper of the 46th and others:
A bill to amend Code Section 36-36-70 of the Official Code of Georgia Annotated, relating to the annexation of areas furnished services or included in the compre hensive zoning plans of certain counties, so as to change the provisions specifying the applicability of Code Section 36-36-70.

TUESDAY, FEBRUARY 28, 1989

1353

HB 390. By Representatives Pettit of the 19th, Lee of the 72nd and Richardson of the 52nd:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources under the "Children and Youth Act," so as to change the provisions relating to child wel fare services and services to courts.
HB 306. By Representatives Alien of the 127th and Pannell of the 122nd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a fifth judge of the Superior Court of the Eastern Judicial Circuit of Georgia.
HB 16. By Representative Groover of the 99th:
A bill to amend Title 32 of the Official Code of Georgia Annotated, the "Georgia Code of Public Transportation," so as to provide for a network of developmental highways throughout the state; to provide for funding for such system.
HB 878. By Representative Richardson of the 52nd:
A bill to amend Code Section 45-16-21 of the Official Code of Georgia Annotated, relating to definitions in the "Georgia Post-mortem Examination Act," so as to provide for a new definition and change a certain definition.
HB 370. By Representatives Cummings of the 17th, Benefield of the 72nd, Robinson of the 96th, Hamilton of the 124th, Moore of the 139th and others:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to provide that cer tain absences for religious holidays shall not be charged against sick leave.
HB 954. By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to amend Code Section 20-2-210 of the Official Code of Georgia Annotated, relating to annual performance evaluations and development of a state-wide uni form annual evaluation instrument, so as to change the effective date of imple mentation of the state-wide uniform annual evaluation instrument for each clas sification of professional personnel certificated by the state board.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 316. By Representatives Thomas of the 69th and Jackson of the 9th:
A resolution creating the Joint Title 40 Study Committee.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 916. By Representatives Watts of the 41st, Kilgore of the 42nd, Walker of the 115th and Dover of the llth:
A bill to amend Code Section 40-5-84 of the Official Code of Georgia Annotated, relating to the reinstatement of a license suspended for certain offenses or for points, so as to provide that the reinstatement of a license after suspension shall require the completion of an approved defensive driving course or approved ad vanced defensive driving course.

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JOURNAL OF THE SENATE

HB 721. By Representative Holmes of the 28th:
A bill to provide for an additional judge of the superior court of the Atlanta Judicial Circuit.
HB 497. By Representatives Martin of the 26th, Benn of the 38th, Sinkfield of the 37th and Couch of the 36th:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances of a council which may not bind succeeding councils, so as to permit the governing authorities of municipal corporations having a popula tion of not less than 400,000 according to the United States decennial census of 1980 or any future such census to authorize the mayor to enter into certain con tracts with private and public entities.
HB 922. By Representatives Pettit of the 19th, Langford of the 7th and Childers of the 15th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, so as to provide for a third judge of the superior courts of the Cherokee Judicial Circuit; to provide for the appointment of such additional judge by the Governor.
HB 552. By Representatives Foster of the 6th, Langford of the 7th, Griffin of the 6th, Steele of the 97th, Poag of the 3rd and others:
A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to change the provisions relating to evidence of financial responsibility re quired for the issuance of a pesticide contractor's license; to require evidence of financial responsibility for aerial contractors only.
HB 559. By Representatives Robinson of the 96th, Buck of the 95th, Steele of the 97th, Moultrie of the 93rd, Bishop of the 94th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a fifth judge of the Superior Court of the Chattahoochee Judicial Circuit.
HB 885. By Representative Reaves of the 147th:
A bill to amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the "Structural Pest Control Act," so as to continue the State Struc tural Pest Control Commission but provide for the later termination of the com mission and the repeal of the laws relating thereto.
HB 833. By Representative Watson of the 114th:
A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and utility facili ties, so as to change certain provisions relating to prerequisites to blasting or excavating.
HB 788. By Representative Watson of the 114th:
A bill to amend Code Section 46-2-20 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Public Service Commission generally, so as to change certain provisions relating to the power and authority of the Public Ser vice Commission to prescribe rules and regulations for the safe installation and safe operation of all gas transmission and distribution facilities within this state.

TUESDAY, FEBRUARY 28, 1989

1355

HB 810. By Representatives Johnson of the 123rd, Pannell of the 122nd, Robinson of the 96th, Randall of the 101st and Thurmond of the 67th:
A bill to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances generally, so as to authorize counties and municipalities to repair, close, or demolish certain buildings or structures in which drug crimes are being committed; to define a certain term; to provide for county or municipal ordinances relating to certain buildings or structures in which drug crimes are being committed.
HB 251. By Representatives Robinson of the 96th and Bishop of the 94th:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, so as to include in the definition of "prose cuting attorney" a person who serves on a full-time basis as a district attorney.
HB 843. By Representative Pettit of the 19th:
A bill to amend Article 8 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to the "Georgia Allocation System" for allocation of the use of private activity bonds as permitted by federal law, so as to extensively revise provisions relating to the allocation system; to add a definition of "qualified housing project".
HB 679. By Representative Adams of the 79th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds or other security and bonds so as to provide that in lieu of a performance bond or a payment bond, the state, a county, a municipal corpora tion, or any public board or body may accept a cashier's check, certified check, or cash in at least a certain amount for the protection and use of certain parties.
HB 887. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in laws relating to public utilities and public transportation, so as to include in the definition of "private carrier" certain mo tor vehicles engaged in the harvesting or transportation of forest products.
HB 822. By Representatives McDonald of the 12th, Murphy of the 18th, Colwell of the 4th, Walker of the 115th and Foster of the 6th:
A bill to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the "State Properties Code," so as to change the definition of the term "property"; to define the term "real property"; to empower the com mission to acquire real property in the name of the state, with custody in the State Properties Commission.
HB 582. By Representatives Alford of the 57th, Oliver of the 53rd, Richardson of the 52nd, Williams of the 48th and Lawrence of the 49th:
A bill to amend Code Section 40-2-24 of the Official Code of Georgia Annotated, relating to processing by private persons of applications for registration, so as to change certain requirements regarding the performance bond required of persons processing license applications.

1356

JOURNAL OF THE SENATE

The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 103. By Representative Carrell of the 65th: A resolution compensating Mr. William B. Sellers.
HR 215. By Representatives Smith of the 152nd and Dixon of the 151st: A resolution compensating Ms. Rebecca Jane Miller.
HR 217. By Representative Crawford of the 5th: A resolution compensating Mrs. Frances M. Harris.
HR 240. By Representatives Athon of the 57th and Mangum of the 57th: A resolution compensating Ms. Eunice Steen.
HR 241. By Representative Coleman of the 118th: A resolution compensating Frances and Bob Hancock.
HR 109. By Representative Goodwin of the 63rd: A resolution compensating Ms. Lorraine Strickland.
HR 102. By Representative Heard of the 43rd: A resolution compensating Mr. John Barrow.
HR 222. By Representative Davis of the 45th: A resolution compensating Ms. Janet P. Mathias.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 529. By Representative Moultrie of the 93rd: A bill to amend Article 2 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the great seal of the state, so as to prohibit the use or display of the great seal or a facsimile of the state emblem on or in connection with any campaign poster, sign, or advertisement for election to any public office.
HB 850. By Representatives McDonald of the 12th, Oliver of the 121st, Cummings of the 17th, Murphy of the 18th, Watts of the 41st and others: A bill to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation costs under the "Quality Basic Education Act," so as to change the provisions relating to the minimum salary for school bus drivers.
The following bills and resolutions of the House were read the first time and referred to committees:
HR 102. By Representative Heard of the 43rd: A resolution compensating Mr. John Barrow in the sum of $225.00.
Referred to Committee on Appropriations.

TUESDAY, FEBRUARY 28, 1989

1357

HR 103. By Representative Carrell of the 65th: A resolution compensating Mr. William B. Sellers in the sum of $839.07.
Referred to Committee on Appropriations.
HR 109. By Representative Goodwin of the 63rd: A resolution compensating Ms. Lorraine Strickland in the sum of $10,000.00.
Referred to Committee on Appropriations.
HR 215. By Representatives Smith of the 152nd and Dixon of the 151st: A resolution compensating Ms. Rebecca Jane Miller in the sum of $3,239.51.
Referred to Committee on Appropriations.
HR 217. By Representative Crawford of the 5th: A resolution compensating Mrs. Frances M. Harris in the sum of $678.41.
Referred to Committee on Appropriations.
HR 222. By Representative Davis of the 45th: A resolution compensating Ms. Janet P. Mathias in the sum of $50.00.
Referred to Committee on Appropriations.
HR 240. By Representatives Athon of the 57th and Mangum of the 57th: A resolution compensating Ms. Eunice Steen in the sum of $1,183.45.
Referred to Committee on Appropriations.
HR 241. By Representative Coleman of the 118th: A resolution compensating Frances and Bob Hancock in the sum of $58,966.00.
Referred to Committee on Appropriations.
HR 316. By Representatives Thomas of the 69th and Jackson of the 9th: A resolution creating the Joint Title 40 Study Committee.
Referred to Committee on Transportation.
HB 16. By Representative Groover of the 99th: A bill to amend Title 32 of the Official Code of Georgia Annotated, the "Georgia Code of Public Transportation," so as to provide for a network of developmental highways throughout the state; to provide for funding for such system.
Referred to Committee on Transportation.
HB 55. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Thomas of the 69th and Groover of the 99th: A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, and Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers in general, so as to change the compensation of and provisions relating to the compensation of Jus tices of the Supreme Court and Judges of the Court of Appeals; to provide a mechanism for future changes in such compensation.
Referred to Committee on Appropriations.

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JOURNAL OF THE SENATE

HB 251. By Representatives Robinson of the 96th and Bishop of the 94th:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, so as to include in the definition of "prose cuting attorney" a person who serves on a full-time basis as a district attorney. Referred to Committee on Special Judiciary.
HB 306. By Representatives Alien of the 127th and Pannell of the 122nd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a fifth judge of the Superior Court of the Eastern Judicial Circuit of Georgia. Referred to Committee on Judiciary.
HB 370. By Representatives Cummings of the 17th, Benefield of the 72nd, Robinson of the 96th, Hamilton of the 124th and others:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to provide that cer tain absences for religious holidays shall not be charged against sick leave. Referred to Committee on Education.
HB 390. By Representatives Pettit of the 19th, Lee of the 72nd and Richardson of the 52nd:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources under the "Children and Youth Act," so as to change the provisions relating to child wel fare services and services to courts. Referred to Committee on Children and Youth.
HB 497. By Representatives Martin of the 26th, Benn of the 38th, Sinkfield of the 37th and Couch of the 36th:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances of a council which may not bind succeeding councils, so as to permit the governing authorities of municipal corporations having a popula tion of not less than 400,000 according to the United States decennial census of 1980 or any future such census to authorize the mayor to enter into certain con tracts with private and public entities. Referred to Committee on Urban and County Affairs (General).
HB 529. By Representative Moultrie of the 93rd:
A bill to amend Article 2 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the great seal of the state, so as to prohibit the use or display of the great seal or a facsimile of the state emblem on or in connection with any campaign poster, sign, or advertisement for election to any public office. Referred to Committee on Governmental Operations.
HB 552. By Representatives Foster of the 6th, Langford of the 7th, Griffin of the 6th and others:
A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to change the provisions relating to evidence of financial responsibility re quired for the issuance of a pesticide contractor's license; to require evidence of financial responsibility for aerial contractors only. Referred to Committee on Industry and Labor.

TUESDAY, FEBRUARY 28, 1989

1359

HB 559. By Representatives Robinson of the 96th, Buck of the 95th, Steele of the 97th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a fifth judge of the Superior Court of the Chattahoochee Judicial Circuit. Referred to Committee on Judiciary.
HB 582. By Representatives Alford of the 57th, Oliver of the 53rd, Richardson of the 52nd and others:
A bill to amend Code Section 40-2-24 of the Official Code of Georgia Annotated, relating to processing by private persons of applications for registration, so as to change certain requirements regarding the performance bond required of persons processing license applications. Referred to Committee on Governmental Operations.
HB 679. By Representative Adams of the 79th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds or other security and bonds so as to provide that in lieu of a performance bond or a payment bond, the state, a county, a municipal corpora tion, or any public board or body may accept a cashier's check, certified check, or cash in at least a certain amount for the protection and use of certain parties. Referred to Committee on Urban and County Affairs (General).
HB 721. By Representative Holmes of the 28th:
A bill to provide for an additional judge of the superior court of the Atlanta Judicial Circuit. Referred to Committee on Judiciary.
HB 788. By Representative Watson of the 114th:
A bill to amend Code Section 46-2-20 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Public Service Commission generally, so as to change certain provisions relating to the power and authority of the Public Ser vice Commission to prescribe rules and regulations for the safe installation and safe operation of all gas transmission and distribution facilities within this state. Referred to Committee on Public Utilities.
HB 810. By Representatives Johnson of the 123rd, Pannell of the 122nd, Robinson of the 96th and others:
A bill to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances generally, so as to authorize counties and municipalities to repair, close, or demolish certain buildings or structures in which drug crimes are being committed; to define a certain term; to provide for county or municipal ordinances relating to certain buildings or structures in which drug crimes are being committed. Referred to Committee on Judiciary.
HB 822. By Representatives McDonald of the 12th, Murphy of the 18th, Colwell of the 4th, Walker of the 115th and Foster of the 6th:
A bill to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the "State Properties Code," so as to change the definition of the term "property"; to define the term "real property"; to empower the com-

1360

JOURNAL OF THE SENATE

mission to acquire real property in the name of the state, with custody in the State Properties Commission. Referred to Committee on Governmental Operations.
HB 833. By Representative Watson of the 114th:
A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and utility facili ties, so as to change certain provisions relating to prerequisites to blasting or excavating. Referred to Committee on Industry and Labor.
HB 839. By Representatives Lee of the 72nd and Walker of the 115th:
A bill to amend Code Section 9-13-143 of the Official Code of Georgia Annotated, relating to rates for legal advertisements, so as to change the rates for legal advertisements. Referred to Committee on Judiciary.
HB 843. By Representative Pettit of the 19th:
A bill to amend Article 8 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to the "Georgia Allocation System" for allocation of the use of private activity bonds as permitted by federal law, so as to extensively revise provisions relating to the allocation system; to add a definition of "qualified housing project". Referred to Committee on Urban and County Affairs (General).
HB 850. By Representatives McDonald of the 12th, Oliver of the 121st, Cummings of the 17th, Murphy of the 18th and others:
A bill to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation costs under the "Quality Basic Education Act," so as to change the provisions relating to the minimum salary for school bus drivers. Referred to Committee on Appropriations.
HB 878. By Representative Richardson of the 52nd:
A bill to amend Code Section 45-16-21 of the Official Code of Georgia Annotated, relating to definitions in the "Georgia Post-mortem Examination Act," so as to provide for a new definition and change a certain definition. Referred to Committee on Public Safety.
HB 885. By Representative Reaves of the 147th:
A bill to amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the "Structural Pest Control Act," so as to continue the State Struc tural Pest Control Commission but provide for the later termination of the com mission and the repeal of the laws relating thereto. Referred to Committee on Governmental Operations.
HB 887. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in laws relating to public utilities and public transportation, so as to include in the definition of "private carrier" certain mo tor vehicles engaged in the harvesting or transportation of forest products. Referred to Committee on Public Utilities.

TUESDAY, FEBRUARY 28, 1989

1361

HB 916. By Representatives Watts of the 41st, Kilgore of the 42nd, Walker of the 115th and Dover of the llth: A bill to amend Code Section 40-5-84 of the Official Code of Georgia Annotated, relating to the reinstatement of a license suspended for certain offenses or for points, so as to provide that the reinstatement of a license after suspension shall require the completion of an approved defensive driving course or approved ad vanced defensive driving course.
Referred to Committee on Special Judiciary.
HB 922. By Representatives Pettit of the 19th, Langford of the 7th and Childers of the 15th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, so as to provide for a third judge of the superior courts of the Cherokee Judicial Circuit; to provide for the appointment of such additional judge by the Governor. Referred to Committee on Judiciary.
HB 954. By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to amend Code Section 20-2-210 of the Official Code of Georgia Annotated, relating to annual performance evaluations and development of a state-wide uni form annual evaluation instrument, so as to change the effective date of imple mentation of the state-wide uniform annual evaluation instrument for each clas sification of professional personnel certificated by the state board. Referred to Committee on Education.
HB 962. By Representatives Richardson of the 52nd, Redding of the 50th, Oliver of the 53rd and others:
A bill to amend Code Section 36-36-70 of the Official Code of Georgia Annotated, relating to the annexation of areas furnished services or included in the compre hensive zoning plans of certain counties, so as to change the provisions specifying the applicability of Code Section 36-36-70. Referred to Committee on Urban and County Affairs (General).
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 147.
SB 266.
SB 253.
Respectfully submitted, /s/ Waymond C. Huggins, Chairman
Senator, District 53
Senator Allgood of the 22nd moved that the Senate stand in recess until 9:00 o'clock P.M. today and at that time stand adjourned until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

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JOURNAL OF THE SENATE

At 12:54 o'clock P.M., the President announced that the Senate would stand in recess until 9:00 o'clock P.M. today and at that time stand adjourned, pursuant to a previously adopted motion, until 9:30 o'clock A.M. tomorrow.

Journal of the Senate 1989 continued in Volume II. Vol ume II has the complete index for both Volume I and Vol ume II; also the Journal & index for the 1989 Special Session.